2005 Legislation
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SENATE BILL NO. 1201 – Simplified sales & use tax admin

SENATE BILL NO. 1201

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Bill Status



S1201......................................................by STATE AFFAIRS
SALES AND USE TAX - Adds to existing law to authorize the Simplified  Sales
and Use Tax Administration Act upon certain conditions.
                                                                        
03/15    Senate intro - 1st rdg - to printing
03/16    Rpt prt - to St Aff
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 32-2-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Stegner, Stennett, Werk, Williams
      NAYS -- Schroeder, Sweet
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Bunderson
    Title apvd - to House
03/28    House intro - 1st rdg - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1201
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SALES AND USE TAXES; AMENDING TITLE 63, IDAHO CODE, BY  THE  ADDI-
  3        TION OF A NEW CHAPTER 46, TITLE 63, IDAHO CODE,  TO PROVIDE A SHORT TITLE,
  4        TO  PROVIDE DEFINITIONS, TO PROVIDE A STATEMENT OF FINDINGS AND INTENT, TO
  5        PROVIDE DUTIES OF THE STATE TAX COMMISSION, TO AUTHORIZE THE COMMISSION TO
  6        ENTER THE STREAMLINED SALES TAX AGREEMENT, TO PROVIDE THAT  THE  AGREEMENT
  7        DOES  NOT PREEMPT STATE LAW, TO ESTABLISH THE MINIMUM TERMS AND CONDITIONS
  8        FOR ENTERING THE AGREEMENT, TO PROVIDE THAT THE  AGREEMENT  IS  AN  ACCORD
  9        AMONG  COOPERATING  SOVEREIGNS,  TO PROVIDE FOR LIMITATIONS ON ACTIONS, TO
 10        PROVIDE FOR CERTIFIED SERVICE PROVIDERS AND TO REQUIRE THE STATE TAX  COM-
 11        MISSION TO PREPARE PROPOSED LEGISLATION TO IMPLEMENT THE PROVISIONS OF THE
 12        SIMPLIFIED  SALES  AND  USE TAX AGREEMENT; PROVIDING AN EFFECTIVE DATE AND
 13        PROVIDING A CONTINGENT EFFECTIVE DATE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Title 63, Idaho Code, be, and the same is hereby  amended
 16    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 17    ter 46, Title 63, Idaho Code, and to read as follows:
                                                                        
 18                                      CHAPTER 46
 19                   SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT
                                                                        
 20        63-4601.  SHORT TITLE. This chapter  shall  be  known  and  cited  as  the
 21    "Simplified Sales and Use Tax Administration Act."
                                                                        
 22        63-4602.  DEFINITIONS.  The  definitions  in this section apply throughout
 23    this chapter unless the context clearly requires otherwise.
 24        (1)  "Agreement" means the streamlined sales  and  use  tax  agreement  as
 25    adopted.
 26        (2)  "Certified  automated system" means software certified jointly by the
 27    states that are signatories to the agreement to calculate the tax  imposed  by
 28    each  jurisdiction  on  a transaction, determine the amount of tax to remit to
 29    the appropriate state, and maintain a record of the transaction.
 30        (3)  "Certified service provider" means an agent certified jointly by  the
 31    states  that  are  signatories to the agreement to perform all of the seller's
 32    sales tax functions.
 33        (4)  "Commission" means the Idaho state tax commission.
 34        (5)  "Person" means an individual, trust, estate, fiduciary,  partnership,
 35    limited  liability company, limited liability partnership, corporation, or any
 36    other legal entity.
 37        (6)  "Sales tax" means the tax levied by section 63-3619, Idaho Code.
 38        (7)  "Seller" means any person making sales, leases, or  rentals  of  per-
 39    sonal property or services.
 40        (8)  "State"  means  any  state  of  the United States and the District of
 41    Columbia.
                                                                        
                                           2
                                                                        
  1        (9)  "Use tax" means the tax levied by section 63-3621, Idaho Code.
                                                                        
  2        63-4603.  STATEMENT OF FINDINGS AND INTENT. The legislature finds  that  a
  3    simplified  sales and use tax system will reduce and, over time, eliminate the
  4    burden and cost for all vendors to collect this state's sales and use tax. The
  5    legislature further finds that this state  should  participate  in  multistate
  6    discussions to review or amend the terms of the agreement to simplify and mod-
  7    ernize  sales  and use tax administration in order to substantially reduce the
  8    burden of tax compliance for all sellers and for all types of commerce.
                                                                        
  9        63-4604.  DUTIES OF THE COMMISSION. (1) For the purposes of  reviewing  or
 10    amending  the  agreement  embodying the simplification requirements in section
 11    63-4607, Idaho Code, the state shall enter into  multistate  discussions.  For
 12    purposes  of  these discussions, the commission shall represent the state. The
 13    governor may appoint up to four (4) persons to consult with the commission  at
 14    these  discussions.  The  persons advising the commission shall not be compen-
 15    sated and are not entitled to payment of travel expenses by the state.
 16        (2)  The commission shall regularly consult with an  advisory  group  com-
 17    posed  of two (2) members from the senate, appointed by the president pro tem-
 18    pore of the senate and  two  (2)  members  of  the  house  of  representatives
 19    appointed  by  the speaker of the house of representatives; representatives of
 20    retailers, including those selling via mail, telephone and the internet;  rep-
 21    resentatives  of  large  and small businesses; and representatives of counties
 22    and cities.  The commission shall use its best efforts  to  consult  with  the
 23    advisory  group  before  any multistate discussions in which it is anticipated
 24    that amendments may be proposed to the agreement embodying the  simplification
 25    requirements in section 63-4607, Idaho Code.
                                                                        
 26        63-4605.  AUTHORIZATION FOR AGREEMENT. The commission shall enter into the
 27    streamlined  sales and use tax agreement and the streamlined sales tax project
 28    with one (1) or more states to simplify and modernize sales and use tax admin-
 29    istration in order to substantially reduce the burden of  tax  compliance  for
 30    all  sellers  and for all types of commerce.  In furtherance of the agreement,
 31    the state may act jointly with other states that are members of the  agreement
 32    to  establish  standards for certification of a certified service provider and
 33    certified automated system and establish performance standards for  multistate
 34    sellers.  The  state  is  further  authorized to take other actions reasonably
 35    required to implement this chapter. Other actions authorized by  this  section
 36    include,  but are not limited to, the adoption of rules and the joint procure-
 37    ment, with other member states, of goods and services in  furtherance  of  the
 38    cooperative  agreement. The commission, or the commission's designee, may rep-
 39    resent this state before the other states that are signatories to  the  agree-
 40    ment.
                                                                        
 41        63-4606.  AGREEMENT  NOT  TO PREEMPT STATE LAW. No provision of the agree-
 42    ment authorized by this chapter in whole or in part invalidates or amends  any
 43    provision  of  the  law of this state. Adoption of the agreement by this state
 44    does not amend or modify any law of this state. Implementation of  any  condi-
 45    tion of the agreement in this state, whether adopted before, at, or after mem-
 46    bership  of this state in the agreement, must be by the action of the legisla-
 47    ture or by administrative rules of the commission authorized by  the  legisla-
 48    ture.
                                                                        
 49        63-4607.  TERMS  AND  CONDITIONS  OF  AGREEMENT.  The commission shall not
 50    enter into the streamlined sales and use tax agreement  unless  the  agreement
                                                                        
                                           3
                                                                        
  1    requires each state to abide by the requirements in this section.
  2        (1)  The  agreement  must set restrictions to limit, over time, the number
  3    of state rates.
  4        (2)  The agreement must establish uniform standards for:
  5        (a)  The sourcing of transactions to taxing jurisdictions;
  6        (b)  The administration of exempt sales; and
  7        (c)  Sales and use tax returns and remittances.
  8        (3)  The agreement must provide a central, electronic registration  system
  9    that  allows a seller to register to collect and remit sales and use taxes for
 10    all signatory states.
 11        (4)  The agreement must provide that registration with the central  regis-
 12    tration  system  and  the  collection  of sales and use taxes in the signatory
 13    states will not be used as a factor in  determining  whether  the  seller  has
 14    nexus with a state for any tax.
 15        (5)  The  agreement must provide for reduction of the burdens of complying
 16    with local sales and use taxes by:
 17        (a)  Restricting variances between the state and local tax bases;
 18        (b)  Requiring states to administer any sales  and  use  taxes  levied  by
 19        local jurisdictions within the state so that sellers collecting and remit-
 20        ting  these  taxes  will  not have to register or file returns with, remit
 21        funds to, or be subject to independent audits from local taxing  jurisdic-
 22        tions;
 23        (c)  Restricting  the  frequency of changes in the local sales and use tax
 24        rates and setting effective dates for the application of  local  jurisdic-
 25        tional boundary changes to local sales and use taxes; and
 26        (d)  Providing  notice  of changes in local sales and use tax rates and of
 27        changes in the boundaries of local taxing jurisdictions.
 28        (6)  The agreement must outline any monetary allowances  that  are  to  be
 29    provided  by  the states to sellers or certified service providers. The agree-
 30    ment must allow for a joint public and private sector study of the  compliance
 31    cost on sellers and certified service providers to collect sales and use taxes
 32    for  state and local governments under various levels of complexity to be com-
 33    pleted by July 1, 2008.
 34        (7)  The agreement must require each state to certify compliance with  the
 35    terms  of  the  agreement before joining and to maintain compliance, under the
 36    laws of the member state, with all provisions of the agreement while a member.
 37        (8)  The agreement must require each state to adopt a uniform  policy  for
 38    certified  service  providers that protects the privacy of consumers and main-
 39    tains the confidentiality of tax information.
 40        (9)  The agreement must provide for the appointment of an advisory council
 41    of private sector representatives and an advisory council of  nonmember  state
 42    representatives to consult with in the administration of the agreement.
                                                                        
 43        63-4608.  ACCORD AMONG COOPERATING SOVEREIGNS. The agreement authorized by
 44    this  chapter is an accord among individual cooperating sovereigns in further-
 45    ance of their governmental functions. The agreement provides a mechanism among
 46    the member states to establish and maintain a cooperative,  simplified  system
 47    for  the  application and administration of sales and use taxes under the duly
 48    adopted law of each member state.
                                                                        
 49        63-4609.  LIMITATIONS ON ACTIONS. (1) The  agreement  authorized  by  this
 50    chapter  binds and inures only to the benefit of this state and the other mem-
 51    ber states.  No person, other than a member state, is an intended  beneficiary
 52    of  the  agreement.  Any benefit to a person other than a state is established
 53    by the law of this state and the other member states and not by the  terms  of
                                                                        
                                           4
                                                                        
  1    the agreement.
  2        (2)  Consistent  with  subsection  (1)  of this section, no person has any
  3    cause of action or defense under the agreement or by virtue  of  this  state's
  4    approval  of  the  agreement.   No person may challenge, in any action brought
  5    under any provision of law, any action or inaction by any state, agency, other
  6    instrumentality of this state, or any political subdivision of this  state  on
  7    the ground that the action or inaction is inconsistent with the agreement.
  8        (3)  No  law  of  this state, nor the application thereof, may be declared
  9    invalid as to any person or circumstance on the ground that the  provision  or
 10    application is inconsistent with the agreement.
                                                                        
 11        63-4610.  CERTIFIED  SERVICE PROVIDER. (1) A certified service provider is
 12    the agent of a seller, with whom  the  certified  service  provider  has  con-
 13    tracted,  for  the  collection  and  remittance of sales and use taxes. As the
 14    seller's agent, the certified service provider is liable for sales and use tax
 15    due each member state on all sales transactions it processes  for  the  seller
 16    except  as  set out in this section.  A seller that contracts with a certified
 17    service provider is not liable to the state for sales or use tax due on trans-
 18    actions processed by the certified service provider unless the seller  misrep-
 19    resented  the  type  of  items it sells or committed fraud.  In the absence of
 20    probable cause to believe that the seller has committed fraud or made a  mate-
 21    rial misrepresentation, the seller is not subject to audit on the transactions
 22    processed  by the certified service provider. A seller is subject to audit for
 23    transactions not processed by the  certified  service  provider.   The  member
 24    states  acting jointly may perform a system check of the seller and review the
 25    seller's procedures to determine if the certified service provider's system is
 26    functioning properly and the extent to which  the  seller's  transactions  are
 27    being processed by the certified service provider.
 28        (2)  A  person  that  provides a certified automated system is responsible
 29    for the proper functioning of that system and  is  liable  to  the  state  for
 30    underpayments  of  tax attributable to errors in the functioning of the certi-
 31    fied automated system.  A  seller  that  uses  a  certified  automated  system
 32    remains  responsible  and  is  liable to the state for reporting and remitting
 33    tax.
 34        (3)  A seller that has a proprietary system for determining the amount  of
 35    tax due on transactions and has signed an agreement establishing a performance
 36    standard  for  that system is liable for the failure of the system to meet the
 37    performance standard.
                                                                        
 38        63-4611.  NECESSARY REMEDIAL LEGISLATION. Upon becoming a  member  of  the
 39    streamlined sales and use tax agreement, the commission shall prepare legisla-
 40    tion  conforming  state law as necessary and shall provide such legislation to
 41    the governor and to the senate local government and taxation committee and the
 42    house of representatives revenue and taxation committee.
                                                                        
 43        SECTION 2.  Sections 63-4501 through 63-4509, Idaho Code, shall be in full
 44    force and effect on and after July 1,  2005;  Sections  63-4510  and  63-4511,
 45    Idaho  Code,  shall be in full force and effect when Idaho becomes a member of
 46    the Streamlined Sales and Use Tax Agreement, but in no event prior to July  1,
 47    2005.

Statement of Purpose / Fiscal Impact


                               STATEMENT OF PURPOSE

                                     RS 15082

Idaho retailers are subject to unfair price competition from remote sellers (Internet
and catalog) who do not have a presence (nexus) in Idaho. Such remote sellers often
advertise the fact no state sales tax is charged on purchases made from them. The
rapid increase in Internet sales is exacerbating this problem. It is estimated within
the next few years, remote sellers not collecting sales tax on sales in Idaho, will
shift over $3 billion in sales out of Idaho and result in over $150 million in
uncollected state sales tax. 

This problem also affects other sales taxing states and jurisdictions similarly (46
states and the District of Columbia assess sales tax). Most sales taxing states have
come together to simplify or streamline their sales tax structures so that the U.S.
Congress can pass legislation to require remote sellers to collect applicable sales
taxes for those states who are signatories to the agreement.

Idaho is one of five states that has not acted upon this important matter. To date,
the Idaho legislature has not authorized Idaho to participate in the development of
the Streamlined Sales Tax agreement and vote on the agreement terms. This legislation
allows Idaho to be a full voting participant in crafting and approving the Streamlined
Sales Tax Agreement. It does not allow Idaho to sign the agreement. Approval for Idaho
to sign the agreement will require separate legislation in a future legislative
session.



                                       FISCAL NOTE

This legislation deals with public policy issues and will not raise any tax revenue.
The fiscal impact consists of the cost of a Tax Commission representative(s)
attendance at meetings of the national committee.



Contact
Name:  Pam Eaton, Idaho Retailers Association 
Phone: 342-0010
Name:  Senators Hal Bunderson, John Andreason 
Phone: 332-1319, 332-1333
Name:  Representatives Bill Deal, Maxine Bell



STATEMENT OF PURPOSE/FISCAL NOTE                                          S 1201