2005 Legislation
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HOUSE BILL NO. 258 – Small Employer Incentive Act

HOUSE BILL NO. 258

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H0258...............................................by REVENUE AND TAXATION
SMALL EMPLOYER INCENTIVE ACT - Adds to existing law to provide the "Idaho
Small Employer Incentive Act of 2005"; to provide an additional income tax
credit for capital investment; to provide an additional income tax credit
for new jobs; to provide limitations and other provisions on credits
against income taxes; to provide for sales and use tax incentives; to
provide rebates; to provide for recapture; to provide for administration;
and to allow the county board of equalization to exempt all or a portion of
certain property from property taxation.
                                                                        
02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 258
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXATION; AMENDING TITLE 63, IDAHO CODE, BY THE ADDITION OF A  NEW
  3        CHAPTER  44,  TITLE  63, IDAHO CODE, TO PROVIDE A SHORT TITLE AND APPLICA-
  4        TION, TO DEFINE TERMS, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR CAP-
  5        ITAL INVESTMENT, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR NEW  JOBS,
  6        TO  PROVIDE  LIMITATIONS  AND  OTHER  PROVISIONS ON CREDITS AGAINST INCOME
  7        TAXES, TO PROVIDE RECAPTURE, TO PROVIDE SALES AND USE TAX  INCENTIVES,  TO
  8        PROVIDE  REBATES,  TO PROVIDE FOR RECAPTURE AND TO PROVIDE FOR ADMINISTRA-
  9        TION; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY THE ADDITION OF  A  NEW
 10        SECTION  63-606A, IDAHO CODE, TO ALLOW THE COUNTY BOARD OF EQUALIZATION TO
 11        EXEMPT ALL OR A PORTION OF CERTAIN PROPERTY FROM PROPERTY TAXATION AND  TO
 12        PROVIDE  PROCEDURES;   PROVIDING  SEVERABILITY; DECLARING AN EMERGENCY AND
 13        PROVIDING RETROACTIVE APPLICATION.
                                                                        
 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 44, Title 63, Idaho Code, and to read as follows:
                                                                        
 18                                      CHAPTER 44
 19                    THE IDAHO SMALL EMPLOYER INCENTIVE ACT OF 2005
                                                                        
 20        63-4401.  SHORT TITLE -- APPLICATION. This chapter shall be known and  may
 21    be  cited as "The Idaho Small Employer Incentive Act of 2005." No provision of
 22    this chapter applies to a person,  taxpayer,  or  other  entity  entitled  to,
 23    applying  for, or receiving any credit, rebate or other benefit under chapters
 24    29, 39 or 43, title 63, Idaho Code.
                                                                        
 25        63-4402.  DEFINITIONS. (1) The definitions contained in the  Idaho  income
 26    tax act, shall apply to this chapter unless modified in this chapter or unless
 27    the context clearly requires another definition.
 28        (2)  As used in this chapter:
 29        (a)  "Commission" means the Idaho state tax commission.
 30        (b)  "Headquarters or administrative facilities" means facility or facili-
 31        ties,  including related parking facilities, where corporate staff employ-
 32        ees are physically employed, and where the majority of the company's  ser-
 33        vices  are  handled. Company services may include: accounts receivable and
 34        payable, accounting, data processing,  distribution  management,  employee
 35        benefit plan, financial and securities accounting, information technology,
 36        insurance,       legal,       merchandising,      payroll,      personnel,
 37        purchasing/procurement, planning, reporting and compliance, tax, treasury,
 38        or other headquarters-related services.
 39        (c)  "Idaho income tax act" means chapter 30, title 63, Idaho Code.
 40        (d)  "Investment in new plant" means investment in headquarters or  admin-
 41        istrative facilities, that are:
                                                                        
                                           2
                                                                        
  1             (i)   Qualified investments; or
  2             (ii)  Buildings or structural components of buildings.
  3        (e)  "New employee":
  4             (i)   Means an individual, employed primarily within the project site
  5             by  the  taxpayer, subject to Idaho income tax withholding whether or
  6             not any amounts are required to be withheld, covered for unemployment
  7             insurance purposes under chapter 13, title 72, Idaho  Code,  and  who
  8             was  eligible to receive employer provided coverage under an accident
  9             or health plan described in section 105 of the Internal Revenue  Code
 10             during  the  taxable year. A person shall be deemed to be so employed
 11             if such person performs duties on a regular full-time basis.
 12             (ii)  The number of employees employed primarily within  the  project
 13             site by the taxpayer, during any taxable year for a taxpayer shall be
 14             the  mathematical average of the number of such employees reported to
 15             the Idaho department of commerce and labor  for  employment  security
 16             purposes  during  the  twelve  (12)  months of the taxable year which
 17             qualified under paragraph (e)(i) of this subsection (2). In the event
 18             the business is in operation for less than the entire  taxable  year,
 19             the  number  of  employees  of the taxpayer for the year shall be the
 20             average number actually employed during the months of operation, pro-
 21             vided that the qualifications of paragraph (e)(i) of this  subsection
 22             (2) are met.
 23             (iii) Employees  transferred  from  a related taxpayer or acquired as
 24             part of the acquisition of a trade or business from another  taxpayer
 25             within  the prior twelve (12) months are not included in this defini-
 26             tion unless the transfer creates a net new job in Idaho.
 27        (f)  "Project period" means the period of time beginning at the earlier of
 28        a physical change to the project site  or  the  first  employment  of  new
 29        employees  located in Idaho who are related to the activities at the proj-
 30        ect site, but no earlier than January 1, 2005, and ending when the facili-
 31        ties constituting the project are placed in service,  but  no  later  than
 32        December 31, 2009.
 33        (g)  "Project site" means an area or areas at which headquarters and head-
 34        quarters  facilities  are  located and at which the tax incentive criteria
 35        have been or will be met and which are either:
 36             (i)   A single geographic area located in this  state  at  which  the
 37             headquarters or administrative facilities owned or leased by the tax-
 38             payer are located; or
 39             (ii)  One  (1)  or  more  geographic  areas  located in this state if
 40             eighty percent (80%) or more of the investment required by subsection
 41             (2)(j)(i) of this section is made at one (1) of the areas.
 42             (iii) The project site must be identified and described to  the  com-
 43             mission  by a taxpayer subject to tax under the Idaho income tax act,
 44             in the form and manner prescribed by the commission.
 45        (h)  "Qualified investment" shall be defined as in section 63-3029B, Idaho
 46        Code.
 47        (i)  "Recapture period" means:
 48             (i)   In the case  of  credits  described  in  sections  63-4403  and
 49             63-4404, Idaho Code, the same period for which a recapture of invest-
 50             ment tax credit under section 63-3029B, Idaho Code, is required; or
 51             (ii)  In  the  case  of  credits  described in section 63-4405, Idaho
 52             Code, five (5) years from the date the project period ends.
 53        (j)  "Tax incentive criteria" means a taxpayer meeting at a  project  site
 54        the  requirements  of  subparagraphs (i), (ii) and (iii) of this paragraph
 55        (j).
                                                                        
                                           3
                                                                        
  1             (i)   During the project period, making capital  investments  in  new
  2             plant  of  at  least  one million dollars ($1,000,000) at the project
  3             site.
  4             (ii)  During a period of time beginning on January 1, 2005, and  end-
  5             ing at the conclusion of the project period:
  6                  1.  Increasing  employment  at  the project site by at least ten
  7                  (10) new employees each of whom must earn at  least  twenty-four
  8                  dollars  and  four  cents  ($24.04)  per  hour worked during the
  9                  taxpayer's taxable year.
 10                       (A)  Earnings calculated pursuant to subparagraph  (ii)  of
 11                       this  paragraph  (j)  shall include income upon which Idaho
 12                       income tax withholding is required under  section  63-3035,
 13                       Idaho  Code,  but  shall  not  include income such as stock
 14                       options or restricted stock grants.
 15                       (B)  For purposes  of  determining  whether  the  increased
 16                       employment  threshold has been met, employment at the proj-
 17                       ect site shall be determined by calculating the increase of
 18                       such new employees reported to the Idaho department of com-
 19                       merce and labor for employment security purposes  over  the
 20                       employees  so  reported  as of the beginning of the project
 21                       period or no earlier than January  1,  2005,  whichever  is
 22                       larger; and
 23                  2.  Maintaining  net  increased  employment in Idaho required by
 24                  subparagraph (ii)1. of this paragraph (j) during  the  remainder
 25                  of the project period.
 26             (iii) No  person meets the tax incentive criteria unless the ratio of
 27             new employees qualified under subparagraph (ii) of  this  section  to
 28             investment  in  new  plant  under  subparagraph  (i)  of this section
 29             exceeds one (1)  employee  for  each  one  hundred  thousand  dollars
 30             ($100,000) of investment in new plant.
 31        (k)  "Taxpayer," for purposes of paragraphs (j) and (e) of this subsection
 32        (2), means either:
 33             (i)   A single taxpayer; or
 34             (ii)  In  the  context  of  a  unitary group filing a combined report
 35             under section 63-3027(t), Idaho Code, all members of a unitary  group
 36             includable in a combined report for the tax years in which the credit
 37             provided  for by this chapter may be claimed. For all other purposes,
 38             the terms of section 63-3009, Idaho Code, and section  63-3027(t)(1),
 39             Idaho Code, apply to the meaning of "taxpayer."
                                                                        
 40        63-4403.  ADDITIONAL  INCOME  TAX  CREDIT  FOR CAPITAL INVESTMENT. (1) For
 41    taxable years beginning on or after January 1, 2005, and before  December  31,
 42    2009,  and subject to the limitations of this chapter, a taxpayer who has cer-
 43    tified that the tax incentive criteria will be met within a project site  dur-
 44    ing  a project period shall, in regard to qualified investments made after the
 45    beginning of the project period and before December 31, 2009, in lieu  of  the
 46    investment  tax  credit provided in section 63-3029B, Idaho Code, be allowed a
 47    nonrefundable credit against taxes imposed by sections  63-3024,  63-3025  and
 48    63-3025A,  Idaho Code, in the amount of  three and seventy-five one hundredths
 49    percent (3.75%) of the amount of qualified investment made  during  a  taxable
 50    year, wherever located within this state.
 51        (2)  The  credit  allowed  by  this section shall not exceed sixty-two and
 52    five-tenths percent (62.5%) of the tax liability of the taxpayer.
 53        (3)  The credit allowed by this section shall not exceed  one million  two
 54    hundred fifty thousand dollars ($1,250,000) in any one (1) taxable year.
                                                                        
                                           4
                                                                        
  1        63-4404.  REAL  PROPERTY  IMPROVEMENT  TAX  CREDIT.  (1) For taxable years
  2    beginning on or after January 1, 2005, and before December 31,  2009,  subject
  3    to  the limitations of this chapter, a taxpayer who has certified that the tax
  4    incentive criteria will be met within a project site during a  project  period
  5    shall  be  allowed  a  nonrefundable  credit against taxes imposed by sections
  6    63-3024, 63-3025 and 63-3025A, Idaho Code, in the amount  of   two  and  five-
  7    tenths  percent (2.5%) of the investment in new plant which is incurred during
  8    the project period applicable to the project site in which the  investment  is
  9    made.
 10        (2)  The  credit allowed by this section shall not exceed  one hundred and
 11    twenty-five thousand dollars ($125,000) in any one (1) taxable year.
 12        (3)  No credit is allowable under this section for a qualified  investment
 13    in regard to which a credit under section 63-4403, Idaho Code, is available.
 14        (4)  The credit allowed by this section is limited to buildings and struc-
 15    tural components of buildings related to headquarters or administrative facil-
 16    ities.
                                                                        
 17        63-4405.  ADDITIONAL  INCOME  TAX  CREDIT FOR NEW JOBS. (1) Subject to the
 18    limitations of this chapter, for taxable years beginning on or  after  January
 19    1,  2005,  and before December 31, 2009, a taxpayer who has certified that the
 20    tax incentive criteria will be met within a  project  site  during  a  project
 21    period  shall,  for  the  number  of new employees earning more than a rate of
 22    twenty-four dollars and four cents ($24.04) per hour worked, in  lieu  of  the
 23    credit amount in subsection (2)(a) of section 63-3029F, Idaho Code, be allowed
 24    the  credit  provided  by  this  section.  The  number of new employees is the
 25    increase in the number of employees for the  current  taxable  year  over  the
 26    greater of the following:
 27        (a)  The number of employees for the prior taxable year; or
 28        (b)  The  average  of the number of employees for the three (3) prior tax-
 29        able years.
 30        (2)  The credit provided by this section shall be:
 31        (a)  One thousand five hundred dollars  ($1,500)  for  each  new  employee
 32        whose annual salary during the taxable year for which the credit is earned
 33        is  greater  than  twenty-four  dollars  and  four cents ($24.04) per hour
 34        worked but equal to or less than an average rate of  twenty-eight  dollars
 35        and eighty-five cents ($28.85) per hour worked;
 36        (b)  Two thousand dollars ($2,000) for each new employee whose annual sal-
 37        ary during the taxable year for which the credit is earned is greater than
 38        an average rate of twenty-eight dollars and eighty-five cents ($28.85) per
 39        hour  worked  but equal to or less than an average rate of thirty-six dol-
 40        lars and six cents ($36.06) per hour worked;
 41        (c)  Two thousand five hundred dollars  ($2,500)  for  each  new  employee
 42        whose annual salary during the taxable year for which the credit is earned
 43        is  greater  than  an  average  rate  of  thirty-six dollars and six cents
 44        ($36.06) per hour worked but equal to or less than an average rate of for-
 45        ty-three dollars and twenty-seven cents ($43.27) per hour worked;
 46        (d)  Three thousand dollars ($3,000) for each new  employee  whose  annual
 47        salary  during  the taxable year for which the credit is earned is greater
 48        than an  average  rate  of  forty-three  dollars  and  twenty-seven  cents
 49        ($43.27) per hour worked.
 50        (3)  The credit allowed by subsection (1) of this section shall apply only
 51    to  employment  primarily  within  the project site. No credit shall be earned
 52    unless such employee shall have performed such duties for the taxpayer  for  a
 53    minimum  of  nine  (9)  months during the taxable year for which the credit is
 54    claimed.
                                                                        
                                           5
                                                                        
  1        (4)  The credit allowed by this section shall  not  exceed  sixty-two  and
  2    five-tenths percent (62.5%) of the tax liability of the taxpayer.
  3        (5)  Employees  transferred  from  a  related  taxpayer  or  acquired from
  4    another taxpayer within the prior twelve (12) months shall not be included  in
  5    the  computation  of  the  credit unless the transfer creates a net new job in
  6    Idaho.
                                                                        
  7        63-4406.  LIMITATIONS, AND OTHER  PROVISIONS  ON  CREDITS  AGAINST  INCOME
  8    TAXES.  (1)  In  addition  to other needed rules, the state tax commission may
  9    promulgate rules prescribing:
 10        (a)  In the case of S corporations, partnerships,  trusts  or  estates,  a
 11        method  of  attributing  a  credit under this chapter to the shareholders,
 12        partners or beneficiaries in proportion to their share of the income  from
 13        the S corporation, partnership, trust or estate; and
 14        (b)  The  method  by which the carryover of credits and the duty to recap-
 15        ture credits shall survive and be transferred in the event of  reorganiza-
 16        tions, mergers or liquidations.
 17        (2)  In  the  case  of  a  unitary group of corporations filing a combined
 18    report under subsection (t) of section 63-3027, Idaho  Code,  credits  against
 19    income  tax  provided  by  sections  63-4403, 63-4404 and 63-4405, Idaho Code,
 20    earned by one (1) member of the group but not used by that member may be  used
 21    by another member of the group, subject to the limitation in subsection (3) of
 22    this  section,  instead of carried over. For a combined group of corporations,
 23    credit carried forward may be claimed by any member of the  group  unless  the
 24    member or members who earned the credit are no longer included in the combined
 25    group.
 26        (3)  The  total  of  all  credits allowed by sections 63-4403, 63-4404 and
 27    63-4405, Idaho Code, together with any credits carried forward  under  subsec-
 28    tion (4) of this section shall not exceed the amount of tax due under sections
 29    63-3024,  63-3025 and 63-3025A, Idaho Code, after allowance for all other cre-
 30    dits permitted by this chapter and the Idaho income tax act.
 31        (4)  If the credits exceed the limitation under  subsection  (3)  of  this
 32    section,  the  excess amount may be carried forward for a period that does not
 33    exceed:
 34        (a)  The next fourteen (14) taxable years in the case of  credits  allowed
 35        by sections 63-4403 and 63-4404, Idaho Code; or
 36        (b)  The  next  ten  (10)  taxable years in the case of credits allowed by
 37        section 63-4405, Idaho Code.
                                                                        
 38        63-4407.  RECAPTURE. (1) In the event that any person to whom a tax credit
 39    allowed by section 63-4403, 63-4404 or 63-4405, Idaho Code, fails to meet  the
 40    tax  incentive  criteria,  the  full  amount of the credit shall be subject to
 41    recapture by the commission.
 42        (2)  If, during any taxable year, an investment in new plant  is  disposed
 43    of,  or otherwise ceases to qualify with respect to the taxpayer, prior to the
 44    close of the recapture period, recapture of the  credit  allowed  by  sections
 45    63-4403  and 63-4404, Idaho Code, shall be determined for such taxable year in
 46    the same proportion and subject to the same provisions as an amount of  credit
 47    required to be recaptured under section 63-3029B, Idaho Code.
 48        (3)  In  the  event that the employment required in section 63-4402(2)(j),
 49    Idaho Code, is not maintained for the entire recapture  period,  recapture  of
 50    the  credit  allowed  in  section 63-4405, Idaho Code, shall be determined for
 51    such taxable year in the same proportion as an amount of credit required to be
 52    recaptured under section 63-3029B, Idaho Code. This subsection  shall  not  be
 53    construed  to require that the required level of employment must be met by the
                                                                        
                                           6
                                                                        
  1    same individual employees.
  2        (4)  Any amount subject to recapture is a deficiency in tax for the amount
  3    of the credit in the taxable year in which the disqualification  first  occurs
  4    and  may  be enforced and collected in the manner provided by the Idaho income
  5    tax act,  provided  however,  that  in  lieu  of  the  provisions  of  section
  6    63-3068(a),  Idaho  Code,  the  period of time within which the commission may
  7    issue a notice under section 63-3045, Idaho Code, in regard to an amount  sub-
  8    ject  to  recapture  shall be the later of five (5) years after the end of the
  9    taxable year in which the project period ends or three (3) years after the end
 10    of the taxable year  in  which  any  amounts  carried  forward  under  section
 11    63-4406, Idaho Code, expire.
                                                                        
 12        63-4408.  SALES  AND  USE  TAX INCENTIVES -- REBATES -- RECAPTURE. (1) For
 13    calendar years beginning on January 1, 2005, and ending on December 31,  2009,
 14    subject  to the limitations of this chapter, a taxpayer who has certified that
 15    the tax incentive criteria will be met within the project site shall be  enti-
 16    tled  to  receive  a  rebate of twenty-five percent (25%) of all sales and use
 17    taxes imposed by chapter 36, title 63, Idaho Code, and that  the  taxpayer  or
 18    its  contractors  actually paid in regard to any property constructed, located
 19    or installed within the project site during the project period for that site.
 20        (2)  Upon filing of a written refund claim by the taxpayer entitled to the
 21    rebate, and subject to such reasonable documentation and verification  as  the
 22    commission may require, the rebate shall be paid by the commission as a refund
 23    allowable  under  section  63-3626,  Idaho Code. A claim for rebate under this
 24    section must be filed on or before the last day of  the  third  calendar  year
 25    following  the  year  in which the taxes sought to be rebated were paid or the
 26    right to the rebate is lost.
 27        (3)  Any rebate paid shall be subject to recapture by the commission:
 28        (a)  At one hundred percent (100%) in the event  that  the  tax  incentive
 29        criteria are not met at the project site during the project period, or
 30        (b)  In  the event that the property is not used, stored or otherwise con-
 31        sumed within the project site for a period of sixty (60) consecutive  full
 32        months after the property was placed in service, or
 33        (c)  In  the  event that the employment required in section 63-4402(2)(j),
 34        Idaho Code, is not maintained for sixty (60) consecutive full months  from
 35        the date the project period ends.
 36        (d)  Any recapture required by subsection (3)(b) or (3)(c) of this section
 37        shall  be  in  the  same  proportion as an amount of credit required to be
 38        recaptured under section 63-3029B, Idaho Code.
 39        (4)  Any recapture amount due under this section shall be a deficiency  in
 40    tax  for the period in which the disqualification first occurs for purposes of
 41    section 63-3629, Idaho Code, and may be enforced and collected in  the  manner
 42    provided  by  the  Idaho  sales tax act, provided however, that in lieu of the
 43    provisions of section 63-3633, Idaho Code, the period of time within which the
 44    commission may issue a notice under section 63-3629, Idaho Code, in regard  to
 45    an amount subject to recapture, shall be the later of five (5) years after the
 46    end  of the taxable year, for income tax purposes, in which the project period
 47    ends.
 48        (5)  The rebate allowed by this section is limited to sales and use  taxes
 49    actually  paid by the taxpayer or its contractors for taxable property related
 50    to headquarters or administrative facilities.
                                                                        
 51        63-4409.  ADMINISTRATION. The commission shall enforce the  provisions  of
 52    this  chapter  and may prescribe, adopt, and enforce reasonable rules relating
 53    to the administration  and enforcement of those provisions, including the pro-
                                                                        
                                           7
                                                                        
  1    mulgation of rules relating to  information  necessary  to  certify  that  the
  2    incentive  criteria  have been or will be met. For the purpose of carrying out
  3    its duties to enforce or administer the provisions of this chapter,  the  com-
  4    mission  shall  have  the  powers  and  duties  provided  by sections 63-3038,
  5    63-3039, 63-3042 through 63-3067, 63-3068, 63-3071,  63-3074  through  63-3078
  6    and 63-217, Idaho Code.
                                                                        
  7        SECTION  2.  That  Chapter  6,  Title  63, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 63-606A, Idaho Code, and to read as follows:
                                                                        
 10        63-606A.  SMALL  EMPLOYER GROWTH INCENTIVE EXEMPTION. (1) The county board
 11    of equalization of any county in which any property, the investment  in  which
 12    qualifies  for  the  income  tax  credits  described  in  sections 63-4403 and
 13    63-4404, Idaho Code, is located may exempt all or a portion of  the  value  of
 14    such  property  from property taxation. The board may grant the exemption when
 15    it finds that the investments in such property benefit the citizens within the
 16    county and taxing districts within the county in a manner and to such a degree
 17    that to grant the exemption is necessary and just.
 18        (2)  When granting an exemption under this section, the board  shall  also
 19    specify  whether  the property exempted shall be included on any new construc-
 20    tion roll prepared by the county assessor in accordance with section  63-301A,
 21    Idaho Code.
 22        (3)  Applications for the exemption under this section shall be considered
 23    by  the  board as other applications for exemption under section 63-501, Idaho
 24    Code.  Upon request of the board, the state tax commission may disclose to the
 25    board or county official designated by  the  board  information  necessary  to
 26    identify and determine the property upon which the exemption may be granted.
 27
 28        SECTION  3.  SEVERABILITY.  The provisions of this act are hereby declared
 29    to be severable and if any provision of this act or the  application  of  such
 30    provision  to  any  person or circumstance is declared invalid for any reason,
 31    such declaration shall not affect the validity of the  remaining  portions  of
 32    this act.
                                                                        
 33        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval, and retroactively to January 1, 2005.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15050

This bill is "The Idaho Small Employer Incentive Act of 2005." 
It provides qualifying businesses with: 

Income tax credits:  
  o  A 3.75% investment tax credit with a credit limitation of
     62.5%.
  o  An additional new jobs tax credit with a graduated scale
     starting at $1,000 per job and climbing to $3,000 per job. 
  o  A 2.5% real property improvement tax credit for investment
     in headquarters or administrative buildings of up to
     $125,000 in any one year. 
     
A temporary sales tax abatement of 25% for materials used in new
headquarters and administrative buildings.

To qualify a company must: 
  o  Create at least 10 new jobs in Idaho; 
  o  Jobs must have a starting annual salary of at least $50,000
     per year, plus benefits; 
  o  Invest at least $100,000 in new headquarters or
     administrative buildings for each new employee added in
     Idaho; and
  o  Accomplish this within a five-year period.
     
Existing recapture provisions apply.  Conveys authority to county
boards of equalization to exempt new plant investment at project
site from property taxation.


                           FISCAL NOTE


                                           Impact on General Fund

10 new employees               New        New        New        Net 
assumed              New Rev   Local      State      Costs      Impact   
For FY 2006          135,000   $28,688    $106,644   $21,875    $ 84,769
                  
For Life of Tax      $1.4 mil  $0.564 mil $0.825 mil $0.108 mil $0.717 mil
 Credits




Contact
Name:  Rep. Mike Moyle and Rep. Dolores Crow
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                             H 258