2005 Legislation
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HOUSE BILL NO. 259 – Small/medium business incentive

HOUSE BILL NO. 259

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H0259...............................................by REVENUE AND TAXATION
SMALL/MEDIUM BUSINESS GROWTH INCENTIVE - Adds to existing law to provide an
additional income tax credit for small and medium size businesses 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 sales and use tax incentives; to provide rebates; to
provide for recapture; and to allow the county board of equalization to
exempt all or a portion of certain property which has received the income
tax credits or sales tax exemptions 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. 259
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXATION; PROVIDING A SHORT TITLE; AMENDING TITLE 63, IDAHO  CODE,
  3        BY  THE  ADDITION  OF  A  NEW CHAPTER 39, TITLE 63, IDAHO CODE, TO PROVIDE
  4        APPLICATION, TO DEFINE TERMS, TO PROVIDE AN ADDITIONAL INCOME  TAX  CREDIT
  5        FOR CAPITAL INVESTMENT, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR NEW
  6        JOBS,  TO  PROVIDE  LIMITATIONS  AND  OTHER  PROVISIONS ON CREDITS AGAINST
  7        INCOME TAXES, TO PROVIDE FOR RECAPTURE,  TO  PROVIDE  SALES  AND  USE  TAX
  8        INCENTIVES,  TO  PROVIDE  REBATES, TO PROVIDE FOR RECAPTURE AND TO PROVIDE
  9        FOR ADMINISTRATION; AMENDING TITLE 63, IDAHO CODE, BY THE  ADDITION  OF  A
 10        NEW  CHAPTER  43,  TITLE 63, IDAHO CODE, TO PROVIDE APPLICATION, TO DEFINE
 11        TERMS, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR CAPITAL  INVESTMENT,
 12        TO  PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR NEW JOBS, TO PROVIDE LIMI-
 13        TATIONS AND OTHER PROVISIONS ON CREDITS AGAINST INCOME TAXES,  TO  PROVIDE
 14        FOR  RECAPTURE,  TO  PROVIDE  SALES  AND  USE  TAX  INCENTIVES, TO PROVIDE
 15        REBATES, TO PROVIDE FOR  RECAPTURE  AND  TO  PROVIDE  FOR  ADMINISTRATION;
 16        AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 17        63-606,  IDAHO  CODE,  TO ALLOW THE COUNTY BOARD OF EQUALIZATION TO EXEMPT
 18        ALL OR A PORTION OF CERTAIN PROPERTY FROM PROPERTY TAXATION AND TO PROVIDE
 19        PROCEDURES;  PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND  PROVIDING
 20        RETROACTIVE APPLICATION.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION  1.  This  act shall be known and may be cited as the "Idaho Small
 23    and Medium-sized Business Growth Incentive Act of 2005."
                                                                        
 24        SECTION 2.  That Title 63, Idaho Code, be, and the same is hereby  amended
 25    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 26    ter 39, Title 63, Idaho Code, and to read as follows:
                                                                        
 27                                      CHAPTER 39
 28                     SMALL BUSINESS GROWTH INCENTIVE ACT OF 2005
                                                                        
 29        63-3901.  APPLICATION. No provision of this chapter applies to  a  person,
 30    taxpayer,  or other entity entitled to, applying for, or receiving any credit,
 31    rebate or other benefit under chapter 29 or 43, title 63, Idaho Code.
                                                                        
 32        63-3902.  DEFINITIONS. (1) The definitions contained in the  Idaho  income
 33    tax act, shall apply to this chapter unless modified in this chapter or unless
 34    the context clearly requires another definition.
 35        (2)  As used in this chapter:
 36        (a)  "Commission" means the Idaho state tax commission.
 37        (b)  "Headquarters or administrative facilities" means facility or facili-
 38        ties,  including related parking facilities, where corporate staff employ-
 39        ees are physically employed, and where the majority of the company's  ser-
 40        vices  are  handled. Company services may include: accounts receivable and
                                                                        
                                           2
                                                                        
  1        payable, accounting, data processing,  distribution  management,  employee
  2        benefit plan, financial and securities accounting, information technology,
  3        insurance,       legal,       merchandising,      payroll,      personnel,
  4        purchasing/procurement, planning, reporting and compliance, tax, treasury,
  5        or other headquarters-related services.
  6        (c)  "Idaho income tax act" means chapter 30, title 63, Idaho Code.
  7        (d)  "Investment in new plant" means investment in headquarters or  admin-
  8        istrative facilities, that are:
  9             (i)   Qualified investments; or
 10             (ii)  Buildings or structural components of buildings.
 11        (e)  "New employee":
 12             (i)   Means an individual, employed primarily within the project site
 13             by  the  taxpayer, subject to Idaho income tax withholding whether or
 14             not any amounts are required to be withheld, covered for unemployment
 15             insurance purposes under chapter 13, title 72, Idaho  Code,  and  who
 16             was  eligible to receive employer provided coverage under an accident
 17             or health plan described in section 105 of the Internal Revenue  Code
 18             during  the  taxable year. A person shall be deemed to be so employed
 19             if such person performs duties on a regular full-time basis.
 20             (ii)  The number of employees employed primarily within  the  project
 21             site by the taxpayer, during any taxable year for a taxpayer shall be
 22             the  mathematical average of the number of such employees reported to
 23             the Idaho department of commerce and labor  for  employment  security
 24             purposes  during  the  twelve  (12)  months of the taxable year which
 25             qualified under paragraph (e)(i) of this subsection (2). In the event
 26             the business is in operation for less than the entire  taxable  year,
 27             the  number  of  employees  of the taxpayer for the year shall be the
 28             average number actually employed during the months of operation, pro-
 29             vided that the qualifications of paragraph (e)(i) of this  subsection
 30             (2) are met.
 31             (iii) Employees  transferred  from  a related taxpayer or acquired as
 32             part of the acquisition of a trade or business from another  taxpayer
 33             within  the prior twelve (12) months are not included in this defini-
 34             tion unless the transfer creates a net new job in Idaho.
 35        (f)  "Project period" means the period of time beginning at the earlier of
 36        a physical change to the project site  or  the  first  employment  of  new
 37        employees  located in Idaho who are related to the activities at the proj-
 38        ect site, but no earlier than January 1, 2005, and ending when the facili-
 39        ties constituting the project are placed in service,  but  no  later  than
 40        December 31, 2009.
 41        (g)  "Project site" means an area or areas at which headquarters and head-
 42        quarters  facilities  are  located and at which the tax incentive criteria
 43        have been or will be met and which are either:
 44             (i)   A single geographic area located in this  state  at  which  the
 45             headquarters or administrative facilities owned or leased by the tax-
 46             payer are located; or
 47             (ii)  One  (1)  or  more  geographic  areas  located in this state if
 48             eighty percent (80%) or more of the investment required by subsection
 49             (2)(j)(i) of this section is made at one (1) of the areas.
 50             (iii) The project site must be identified and described to  the  com-
 51             mission  by a taxpayer subject to tax under the Idaho income tax act,
 52             in the form and manner prescribed by the commission.
 53        (h)  "Qualified investment" shall be defined as in section 63-3029B, Idaho
 54        Code.
 55        (i)  "Recapture period" means:
                                                                        
                                           3
                                                                        
  1             (i)   In the case  of  credits  described  in  sections  63-3903  and
  2             63-3904, Idaho Code, the same period for which a recapture of invest-
  3             ment tax credit under section 63-3029B, Idaho Code, is required; or
  4             (ii)  In  the  case  of  credits  described in section 63-3905, Idaho
  5             Code, five (5) years from the date the project period ends.
  6        (j)  "Tax incentive criteria" means a taxpayer meeting at a  project  site
  7        the requirements of both subparagraphs (i) and (ii) of this paragraph (j).
  8             (i)   During  the  project  period, making capital investments in new
  9             plant of at least fifteen million dollars ($15,000,000) at the  proj-
 10             ect site.
 11             (ii)  During  a period of time beginning on January 1, 2005, and end-
 12             ing at the conclusion of the project period:
 13                  1.  Increasing employment at the project site by  at  least  one
 14                  hundred twenty-five (125) new employees:
 15                       (A)  Each  of  whom  must earn at least fifteen dollars and
 16                       fifty cents ($15.50) per hour worked during the  taxpayer's
 17                       taxable year; or
 18                       (B)  Each of whom is part of a group of one hundred twenty-
 19                       five  (125)  or  more  employees at the project site, which
 20                       group on average earns at least twenty dollars and  thirty-
 21                       one  cents  ($20.31)  per hour worked during the taxpayer's
 22                       taxable year. Calculation of the group average earnings may
 23                       not include amounts paid to any employee earning more  than
 24                       forty-eight  dollars  and  eight  cents  ($48.08)  per hour
 25                       worked during the taxpayer's taxable year.
 26                       (C)  Earnings calculated pursuant to subparagraph  (ii)  of
 27                       this  paragraph  (j)  shall include income upon which Idaho
 28                       income tax withholding is required under  section  63-3035,
 29                       Idaho  Code,  but  shall  not  include income such as stock
 30                       options or restricted stock grants.
 31                       (D)  For purposes  of  determining  whether  the  increased
 32                       employment  threshold has been met, employment at the proj-
 33                       ect site shall be determined by calculating the increase of
 34                       such new employees reported to the Idaho department of com-
 35                       merce and labor for employment security purposes  over  the
 36                       employees  so  reported  as of the beginning of the project
 37                       period or no earlier than January  1,  2005,  whichever  is
 38                       larger; and
 39                  2.  Maintaining  net  increased  employment in Idaho required by
 40                  subparagraph (ii)1. of this paragraph (j) during  the  remainder
 41                  of the project period.
 42        (k)  "Taxpayer," for purposes of paragraphs (j) and (e) of this subsection
 43        (2), means either:
 44             (i)   A single taxpayer; or
 45             (ii)  In  the  context  of  a  unitary group filing a combined report
 46             under section 63-3027(t), Idaho Code, all members of a unitary  group
 47             includable in a combined report for the tax years in which the credit
 48             provided  for by this chapter may be claimed. For all other purposes,
 49             the terms of section 63-3009, Idaho Code, and section  63-3027(t)(1),
 50             Idaho Code, apply to the meaning of "taxpayer."
                                                                        
 51        63-3903.  ADDITIONAL  INCOME  TAX  CREDIT  FOR CAPITAL INVESTMENT. (1) For
 52    taxable years beginning on or after January 1, 2005, and before  December  31,
 53    2009,  and subject to the limitations of this chapter, a taxpayer who has cer-
 54    tified that the tax incentive criteria will be met within a project site  dur-
                                                                        
                                           4
                                                                        
  1    ing  a project period shall, in regard to qualified investments made after the
  2    beginning of the project period and before December 31, 2009, in lieu  of  the
  3    investment  tax  credit provided in section 63-3029B, Idaho Code, be allowed a
  4    nonrefundable credit against taxes imposed by sections  63-3024,  63-3025  and
  5    63-3025A,  Idaho Code, in the amount of  three and seventy-five one hundredths
  6    percent (3.75%) of the amount of qualified investment made  during  a  taxable
  7    year, wherever located within this state.
  8        (2)  The  credit  allowed  by  this section shall not exceed sixty-two and
  9    five-tenths percent (62.5%) of the tax liability of the taxpayer.
 10        (3)  The credit allowed by this section shall not exceed  one million  two
 11    hundred fifty thousand dollars ($1,250,000) in any one (1) taxable year.
                                                                        
 12        63-3904.  REAL  PROPERTY  IMPROVEMENT  TAX  CREDIT.  (1) For taxable years
 13    beginning on or after January 1, 2005, and before December 31,  2009,  subject
 14    to  the limitations of this chapter, a taxpayer who has certified that the tax
 15    incentive criteria will be met within a project site during a  project  period
 16    shall  be  allowed  a  nonrefundable  credit against taxes imposed by sections
 17    63-3024, 63-3025 and 63-3025A, Idaho Code, in the amount  of   two  and  five-
 18    tenths  percent (2.5%) of the investment in new plant which is incurred during
 19    the project period applicable to the project site in which the  investment  is
 20    made.
 21        (2)  The  credit  allowed  by  this  section  shall not exceed one hundred
 22    twenty-five thousand dollars ($125,000) in any one (1) taxable year.
 23        (3)  No credit is allowable under this section for a qualified  investment
 24    in regard to which a credit under section 63-3903, Idaho Code, is available.
 25        (4)  The credit allowed by this section is limited to buildings and struc-
 26    tural components of buildings related to headquarters or administrative facil-
 27    ities.
                                                                        
 28        63-3905.  ADDITIONAL  INCOME  TAX  CREDIT FOR NEW JOBS. (1) Subject to the
 29    limitations of this chapter, for taxable years beginning on or  after  January
 30    1,  2005,  and before December 31, 2009, a taxpayer who has certified that the
 31    tax incentive criteria will be met within a  project  site  during  a  project
 32    period shall, for the number of new employees earning more than a rate of fif-
 33    teen  dollars  and fifty cents ($15.50) per hour worked, in lieu of the credit
 34    amount in subsection (2)(a) of section 63-3029F, Idaho Code,  be  allowed  the
 35    credit  provided  by this section. The number of new employees is the increase
 36    in the number of employees for the current taxable year over  the  greater  of
 37    the following:
 38        (a)  The number of employees for the prior taxable year; or
 39        (b)  The  average  of the number of employees for the three (3) prior tax-
 40        able years.
 41        (2)  The credit provided by this section shall be:
 42        (a)  One thousand dollars ($1,000) for each new employee whose annual sal-
 43        ary during the taxable year for which the credit is earned is greater than
 44        fifteen dollars and fifty cents ($15.50) per hour worked but equal  to  or
 45        less  than  an average rate of twenty-four dollars and four cents ($24.04)
 46        per hour worked;
 47        (b)  One thousand five hundred dollars  ($1,500)  for  each  new  employee
 48        whose annual salary during the taxable year for which the credit is earned
 49        is  greater  than  an  average rate of  twenty-four dollars and four cents
 50        ($24.04) per hour worked but equal to or less  than  an  average  rate  of
 51        twenty-eight dollars and eighty-five cents ($28.85) per hour worked;
 52        (c)  Two thousand dollars ($2,000) for each new employee whose annual sal-
 53        ary during the taxable year for which the credit is earned is greater than
                                                                        
                                           5
                                                                        
  1        an average rate of twenty-eight dollars and eighty-five cents ($28.85) per
  2        hour  worked  but equal to or less than an average rate of thirty-six dol-
  3        lars and six cents ($36.06) per hour worked;
  4        (d)  Two thousand five hundred dollars  ($2,500)  for  each  new  employee
  5        whose annual salary during the taxable year for which the credit is earned
  6        is  greater  than  an  average  rate  of  thirty-six dollars and six cents
  7        ($36.06) per hour worked but equal to or less than an average rate of for-
  8        ty-three dollars and twenty-seven cents ($43.27) per hour worked;
  9        (e)  Three thousand dollars ($3,000) for each new  employee  whose  annual
 10        salary  during  the taxable year for which the credit is earned is greater
 11        than an  average  rate  of  forty-three  dollars  and  twenty-seven  cents
 12        ($43.27) per hour worked.
 13        (3)  The credit allowed by subsection (1) of this section shall apply only
 14    to  employment  primarily  within  the project site. No credit shall be earned
 15    unless such employee shall have performed such duties for the taxpayer  for  a
 16    minimum  of  nine  (9)  months during the taxable year for which the credit is
 17    claimed.
 18        (4)  The credit allowed by this section shall  not  exceed  sixty-two  and
 19    five-tenths percent (62.5%) of the tax liability of the taxpayer.
 20        (5)  Employees  transferred  from  a  related  taxpayer  or  acquired from
 21    another taxpayer within the prior twelve (12) months shall not be included  in
 22    the  computation  of  the  credit unless the transfer creates a net new job in
 23    Idaho.
                                                                        
 24        63-3906.  LIMITATIONS, AND OTHER  PROVISIONS  ON  CREDITS  AGAINST  INCOME
 25    TAXES.  (1)  In  addition  to other needed rules, the state tax commission may
 26    promulgate rules prescribing:
 27        (a)  In the case of S corporations, partnerships,  trusts  or  estates,  a
 28        method  of  attributing  a  credit under this chapter to the shareholders,
 29        partners or beneficiaries in proportion to their share of the income  from
 30        the S corporation, partnership, trust or estate; and
 31        (b)  The  method  by which the carryover of credits and the duty to recap-
 32        ture credits shall survive and be transferred in the event of  reorganiza-
 33        tions, mergers or liquidations.
 34        (2)  In  the  case  of  a  unitary group of corporations filing a combined
 35    report under subsection (t) of section 63-3027, Idaho  Code,  credits  against
 36    income  tax  provided  by  sections  63-3903, 63-3904 and 63-3905, Idaho Code,
 37    earned by one (1) member of the group but not used by that member may be  used
 38    by another member of the group, subject to the limitation in subsection (3) of
 39    this  section,  instead of carried over. For a combined group of corporations,
 40    credit carried forward may be claimed by any member of the  group  unless  the
 41    member or members who earned the credit are no longer included in the combined
 42    group.
 43        (3)  The  total  of  all  credits allowed by sections 63-3903, 63-3904 and
 44    63-3905, Idaho Code, together with any credits carried forward  under  subsec-
 45    tion (4) of this section shall not exceed the amount of tax due under sections
 46    63-3024,  63-3025 and 63-3025A, Idaho Code, after allowance for all other cre-
 47    dits permitted by this chapter and the Idaho income tax act.
 48        (4)  If the credits exceed the limitation under  subsection  (3)  of  this
 49    section,  the  excess amount may be carried forward for a period that does not
 50    exceed:
 51        (a)  The next fourteen (14) taxable years in the case of  credits  allowed
 52        by sections 63-3903 and 63-3904, Idaho Code; or
 53        (b)  The  next  ten  (10)  taxable years in the case of credits allowed by
 54        section 63-3905, Idaho Code.
                                                                        
                                           6
                                                                        
  1        63-3907.  RECAPTURE. (1) In the event that any person to whom a tax credit
  2    allowed by section 63-3903, 63-3904 or 63-3905, Idaho Code, fails to meet  the
  3    tax  incentive  criteria,  the  full  amount of the credit shall be subject to
  4    recapture by the commission.
  5        (2)  If, during any taxable year, an investment in new plant  is  disposed
  6    of,  or otherwise ceases to qualify with respect to the taxpayer, prior to the
  7    close of the recapture period, recapture of the  credit  allowed  by  sections
  8    63-3903  and 63-3904, Idaho Code, shall be determined for such taxable year in
  9    the same proportion and subject to the same provisions as an amount of  credit
 10    required to be recaptured under section 63-3029B, Idaho Code.
 11        (3)  In  the  event that the employment required in section 63-3902(2)(j),
 12    Idaho Code, is not maintained for the entire recapture  period,  recapture  of
 13    the  credit  allowed  in  section 63-3905, Idaho Code, shall be determined for
 14    such taxable year in the same proportion as an amount of credit required to be
 15    recaptured under section 63-3029B, Idaho Code. This subsection  shall  not  be
 16    construed  to require that the required level of employment must be met by the
 17    same individual employees.
 18        (4)  Any amount subject to recapture is a deficiency in tax for the amount
 19    of the credit in the taxable year in which the disqualification  first  occurs
 20    and  may  be enforced and collected in the manner provided by the Idaho income
 21    tax act,  provided  however,  that  in  lieu  of  the  provisions  of  section
 22    63-3068(a),  Idaho  Code,  the  period of time within which the commission may
 23    issue a notice under section 63-3045, Idaho Code, in regard to an amount  sub-
 24    ject  to  recapture  shall be the later of five (5) years after the end of the
 25    taxable year in which the project period ends or three (3) years after the end
 26    of the taxable year  in  which  any  amounts  carried  forward  under  section
 27    63-3906, Idaho Code, expire.
                                                                        
 28        63-3908.  SALES  AND  USE  TAX INCENTIVES -- REBATES -- RECAPTURE. (1) For
 29    calendar years beginning on January 1, 2005, and ending on December 31,  2009,
 30    subject  to the limitations of this chapter, a taxpayer who has certified that
 31    the tax incentive criteria will be met within the project site shall be  enti-
 32    tled  to  receive  a  rebate of twenty-five percent (25%) of all sales and use
 33    taxes imposed by chapter 36, title 63, Idaho Code, and that  the  taxpayer  or
 34    its  contractors  actually paid in regard to any property constructed, located
 35    or installed within the project site during the project period for that site.
 36        (2)  Upon filing of a written refund claim by the taxpayer entitled to the
 37    rebate, and subject to such reasonable documentation and verification  as  the
 38    commission may require, the rebate shall be paid by the commission as a refund
 39    allowable  under  section  63-3626,  Idaho Code. A claim for rebate under this
 40    section must be filed on or before the last day of  the  third  calendar  year
 41    following  the  year  in which the taxes sought to be rebated were paid or the
 42    right to the rebate is lost.
 43        (3)  Any rebate paid shall be subject to recapture by the commission:
 44        (a)  At one hundred percent (100%) in the event  that  the  tax  incentive
 45        criteria are not met at the project site during the project period, or
 46        (b)  In  the event that the property is not used, stored or otherwise con-
 47        sumed within the project site for a period of sixty (60) consecutive  full
 48        months after the property was placed in service, or
 49        (c)  In  the  event that the employment required in section 63-3902(2)(j),
 50        Idaho Code, is not maintained for sixty (60) consecutive full months  from
 51        the date the project period ends.
 52        (d)  Any recapture required by subsection (3)(b) or (3)(c) of this section
 53        shall  be  in  the  same  proportion as an amount of credit required to be
 54        recaptured under section 63-3029B, Idaho Code.
                                                                        
                                           7
                                                                        
  1        (4)  Any recapture amount due under this section shall be a deficiency in
  2    tax for the period in which the disqualification first occurs for purposes  of
  3    section  63-3629,  Idaho Code, and may be enforced and collected in the manner
  4    provided by the Idaho sales tax act, provided however, that  in  lieu  of  the
  5    provisions of section 63-3633, Idaho Code, the period of time within which the
  6    commission  may issue a notice under section 63-3629, Idaho Code, in regard to
  7    an amount subject to recapture, shall be the later of five (5) years after the
  8    end of the taxable year, for income tax purposes, in which the project  period
  9    ends.
 10        (5)  The  rebate allowed by this section is limited to sales and use taxes
 11    actually paid by the taxpayer or its contractors for taxable property  related
 12    to headquarters or administrative facilities.
                                                                        
 13        63-3909.  ADMINISTRATION.  The  commission shall enforce the provisions of
 14    this chapter and may prescribe, adopt, and enforce reasonable  rules  relating
 15    to  the administration and enforcement of those provisions, including the pro-
 16    mulgation of rules relating to  information  necessary  to  certify  that  the
 17    incentive  criteria  have been or will be met. For the purpose of carrying out
 18    its duties to enforce or administer the provisions of this chapter,  the  com-
 19    mission  shall  have  the  powers  and  duties  provided  by sections 63-3038,
 20    63-3039, 63-3042 through 63-3067, 63-3068, 63-3071,  63-3074  through  63-3078
 21    and 63-217, Idaho Code.
                                                                        
 22        SECTION  3.  That Title 63, Idaho Code, be, and the same is hereby amended
 23    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 24    ter 43, Title 63, Idaho Code, and to read as follows:
                                                                        
 25                                      CHAPTER 43
 26                  MEDIUM-SIZED BUSINESS GROWTH INCENTIVE ACT OF 2005
                                                                        
 27        63-4301.  APPLICATION.  No  provision of this chapter applies to a person,
 28    taxpayer, or other entity entitled to, applying for, or receiving any  credit,
 29    rebate or other benefit under chapter 29 or 39, title 63, Idaho Code.
                                                                        
 30        63-4302.  DEFINITIONS.  (1)  The definitions contained in the Idaho income
 31    tax act, shall apply to this chapter unless modified in this chapter or unless
 32    the context clearly requires another definition.
 33        (2)  As used in this chapter:
 34        (a)  "Commission" means the Idaho state tax commission.
 35        (b)  "Headquarters or administrative facilities" means facility or facili-
 36        ties, including related parking facilities, where corporate staff  employ-
 37        ees  are physically employed, and where the majority of the company's ser-
 38        vices are handled. Company services may include: accounts  receivable  and
 39        payable,  accounting,  data  processing, distribution management, employee
 40        benefit plan, financial and securities accounting, information technology,
 41        insurance,      legal,      merchandising,       payroll,       personnel,
 42        purchasing/procurement, planning, reporting and compliance, tax, treasury,
 43        or other headquarters-related services.
 44        (c)  "Idaho income tax act" means chapter 30, title 63, Idaho Code.
 45        (d)  "Investment  in new plant" means investment in headquarters or admin-
 46        istrative facilities, that are:
 47             (i)   Qualified investments; or
 48             (ii)  Buildings or structural components of buildings.
 49        (e)  "New employee":
 50             (i)   Means an individual, employed primarily within the project site
                                                                        
                                           8
                                                                        
  1             by the taxpayer, subject to Idaho income tax withholding  whether  or
  2             not any amounts are required to be withheld, covered for unemployment
  3             insurance  purposes  under  chapter 13, title 72, Idaho Code, and who
  4             was eligible to receive employer provided coverage under an  accident
  5             or  health plan described in section 105 of the Internal Revenue Code
  6             during the taxable year. A person shall be deemed to be  so  employed
  7             if such person performs duties on a regular full-time basis.
  8             (ii)  The  number  of employees employed primarily within the project
  9             site by the taxpayer, during any taxable year for a taxpayer shall be
 10             the mathematical average of the number of such employees reported  to
 11             the  Idaho  department  of commerce and labor for employment security
 12             purposes during the twelve (12) months  of  the  taxable  year  which
 13             qualified under paragraph (e)(i) of this subsection (2). In the event
 14             the  business  is in operation for less than the entire taxable year,
 15             the number of employees of the taxpayer for the  year  shall  be  the
 16             average number actually employed during the months of operation, pro-
 17             vided  that the qualifications of paragraph (e)(i) of this subsection
 18             (2) are met.
 19             (iii) Employees transferred from a related taxpayer  or  acquired  as
 20             part  of the acquisition of a trade or business from another taxpayer
 21             within the prior twelve (12) months are not included in this  defini-
 22             tion unless the transfer creates a net new job in Idaho.
 23        (f)  "Project period" means the period of time beginning at the earlier of
 24        a  physical  change  to  the  project  site or the first employment of new
 25        employees located in Idaho who are related to the activities at the  proj-
 26        ect site, but no earlier than January 1, 2005, and ending when the facili-
 27        ties  constituting  the  project  are placed in service, but no later than
 28        December 31, 2009.
 29        (g)  "Project site" means an area or areas at which headquarters and head-
 30        quarters facilities are located and at which the  tax  incentive  criteria
 31        have been or will be met and which are either:
 32             (i)   A  single  geographic  area  located in this state at which the
 33             headquarters or administrative facilities owned or leased by the tax-
 34             payer are located; or
 35             (ii)  One (1) or more geographic  areas  located  in  this  state  if
 36             eighty percent (80%) or more of the investment required by subsection
 37             (2)(j)(i) of this section is made at one (1) of the areas.
 38             (iii) The  project  site must be identified and described to the com-
 39             mission by a taxpayer subject to tax under the Idaho income tax  act,
 40             in the form and manner prescribed by the commission.
 41        (h)  "Qualified investment" shall be defined as in section 63-3029B, Idaho
 42        Code.
 43        (i)  "Recapture period" means:
 44             (i)   In  the  case  of  credits  described  in  sections 63-4303 and
 45             63-4304, Idaho Code, the same period for which a recapture of invest-
 46             ment tax credit under section 63-3029B, Idaho Code, is required; or
 47             (ii)  In the case of credits  described  in  section  63-4305,  Idaho
 48             Code, five (5) years from the date the project period ends.
 49        (j)  "Tax  incentive  criteria" means a taxpayer meeting at a project site
 50        the requirements of both subparagraphs (i) and (ii) of this paragraph (j).
 51             (i)   During the project period, making capital  investments  in  new
 52             plant of at least thirty million dollars ($30,000,000) at the project
 53             site.
 54             (ii)  During  a period of time beginning on January 1, 2005, and end-
 55             ing at the conclusion of the project period:
                                                                        
                                           9
                                                                        
  1                  1.  Increasing employment at the project site by  at  least  two
  2                  hundred fifty (250) new employees:
  3                       (A)  Each  of  whom must earn at least nineteen dollars and
  4                       twenty-three cents ($19.23)  per  hour  worked  during  the
  5                       taxpayer's taxable year; or
  6                       (B)  Each  of  whom is part of a group of two hundred fifty
  7                       (250) or more employees at the project site which group  on
  8                       average  earns  at least twenty-four dollars and four cents
  9                       ($24.04) per hour  worked  during  the  taxpayer's  taxable
 10                       year.  Calculation  of  the  group average earnings may not
 11                       include amounts paid to  any  employee  earning  more  than
 12                       forty-eight  dollars  and  eight  cents  ($48.08)  per hour
 13                       worked during the taxpayer's taxable year.
 14                       (C)  Earnings calculated pursuant to subparagraph  (ii)  of
 15                       this  paragraph  (j)  shall include income upon which Idaho
 16                       income tax withholding is required under  section  63-3035,
 17                       Idaho  Code,  but  shall  not  include income such as stock
 18                       options or restricted stock grants.
 19                       (D)  For purposes  of  determining  whether  the  increased
 20                       employment  threshold has been met, employment at the proj-
 21                       ect site shall be determined by calculating the increase of
 22                       such new employees reported to the Idaho department of com-
 23                       merce and labor for employment security purposes  over  the
 24                       employees  so  reported  as of the beginning of the project
 25                       period or no earlier than January  1,  2005,  whichever  is
 26                       larger; and
 27                  2.  Maintaining  net  increased  employment in Idaho required by
 28                  subparagraph (ii)1. of this paragraph (j) during  the  remainder
 29                  of the project period.
 30        (k)  "Taxpayer," for purposes of paragraphs (j) and (e) of this subsection
 31        (2), means either:
 32             (i)   A single taxpayer; or
 33             (ii)  In  the  context  of  a  unitary group filing a combined report
 34             under section 63-3027(t), Idaho Code, all members of a unitary  group
 35             includable in a combined report for the tax years in which the credit
 36             provided  for by this chapter may be claimed. For all other purposes,
 37             the terms of section 63-3009, Idaho Code, and section  63-3027(t)(1),
 38             Idaho Code, apply to the meaning of "taxpayer."
                                                                        
 39        63-4303.  ADDITIONAL  INCOME  TAX  CREDIT  FOR CAPITAL INVESTMENT. (1) For
 40    taxable years beginning on or after January 1, 2005, and before  December  31,
 41    2009,  and subject to the limitations of this chapter, a taxpayer who has cer-
 42    tified that the tax incentive criteria will be met within a project site  dur-
 43    ing  a project period shall, in regard to qualified investments made after the
 44    beginning of the project period and before December 31, 2009, in lieu  of  the
 45    investment  tax  credit provided in section 63-3029B, Idaho Code, be allowed a
 46    nonrefundable credit against taxes imposed by sections  63-3024,  63-3025  and
 47    63-3025A, Idaho Code, in the amount of  four and five-tenths percent (4.5%) of
 48    the  amount  of  qualified  investment  made  during  a taxable year, wherever
 49    located within this state.
 50        (2)  The credit allowed by this section shall not exceed seventy-five per-
 51    cent (75%) of the tax liability of the taxpayer.
 52        (3)  The credit allowed by this section shall not exceed  two million five
 53    hundred thousand dollars ($2,500,000) in any one (1) taxable year.
                                                                        
                                           10
                                                                        
  1        63-4304.  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  five percent (5%)
  7    of  the  investment  in  new plant which is incurred during the project period
  8    applicable to the project site in which the investment is made.
  9        (2)  The credit allowed by this section shall not exceed two hundred fifty
 10    thousand dollars ($250,000) in any one (1) taxable year.
 11        (3)  No credit is allowable under this section for a qualified  investment
 12    in regard to which a credit under section 63-4303, Idaho Code, is available.
 13        (4)  The credit allowed by this section is limited to buildings and struc-
 14    tural components of buildings related to headquarters or administrative facil-
 15    ities.
                                                                        
 16        63-4305.  ADDITIONAL  INCOME  TAX  CREDIT FOR NEW JOBS. (1) Subject to the
 17    limitations of this chapter, for taxable years beginning on or  after  January
 18    1,  2005,  and before December 31, 2009, a taxpayer who has certified that the
 19    tax incentive criteria will be met within a  project  site  during  a  project
 20    period  shall,  for  the  number  of new employees earning more than a rate of
 21    nineteen dollars and twenty-three cents ($19.23) per hour worked, in  lieu  of
 22    the  credit  amount  in  subsection (2)(a) of section 63-3029F, Idaho Code, be
 23    allowed the credit provided by this section. The number of  new  employees  is
 24    the  increase in the number of employees for the current taxable year over the
 25    greater of the following:
 26        (a)  The number of employees for the prior taxable year; or
 27        (b)  The average of the number of employees for the three (3)  prior  tax-
 28        able years.
 29        (2)  The credit provided by this section shall be:
 30        (a)  One thousand dollars ($1,000) for each new employee whose annual sal-
 31        ary during the taxable year for which the credit is earned is greater than
 32        fifteen  dollars  and fifty cents ($15.50) per hour worked but equal to or
 33        less than an average rate of twenty-four dollars and four  cents  ($24.04)
 34        per hour worked;
 35        (b)  One  thousand  five  hundred  dollars  ($1,500) for each new employee
 36        whose annual salary during the taxable year for which the credit is earned
 37        is greater than an average rate of  twenty-four  dollars  and  four  cents
 38        ($24.04)  per  hour  worked  but  equal to or less than an average rate of
 39        twenty-eight dollars and eighty-five cents ($28.85) per hour worked;
 40        (c)  Two thousand dollars ($2,000) for each new employee whose annual sal-
 41        ary during the taxable year for which the credit is earned is greater than
 42        an average rate of twenty-eight dollars and eighty-five cents ($28.85) per
 43        hour worked but equal to or less than an average rate of  thirty-six  dol-
 44        lars and six cents ($36.06) per hour worked;
 45        (d)  Two  thousand  five  hundred  dollars  ($2,500) for each new employee
 46        whose annual salary during the taxable year for which the credit is earned
 47        is greater than an average  rate  of  thirty-six  dollars  and  six  cents
 48        ($36.06) per hour worked but equal to or less than an average rate of for-
 49        ty-three dollars and twenty-seven cents ($43.27) per hour worked;
 50        (e)  Three  thousand  dollars  ($3,000) for each new employee whose annual
 51        salary during the taxable year for which the credit is earned  is  greater
 52        than  an  average  rate  of  forty-three  dollars  and  twenty-seven cents
 53        ($43.27) per hour worked.
 54        (3)  The credit allowed by subsection (1) of this section shall apply only
                                                                        
                                           11
                                                                        
  1    to employment primarily within the project site. No  credit  shall  be  earned
  2    unless  such  employee shall have performed such duties for the taxpayer for a
  3    minimum of nine (9) months during the taxable year for  which  the  credit  is
  4    claimed.
  5        (4)  The credit allowed by this section shall not exceed seventy-five per-
  6    cent (75%) of the tax liability of the taxpayer.
  7        (5)  Employees  transferred  from  a  related  taxpayer  or  acquired from
  8    another taxpayer within the prior twelve (12) months shall not be included  in
  9    the  computation  of  the  credit unless the transfer creates a net new job in
 10    Idaho.
                                                                        
 11        63-4306.  LIMITATIONS, AND OTHER  PROVISIONS  ON  CREDITS  AGAINST  INCOME
 12    TAXES.  (1)  In  addition  to other needed rules, the state tax commission may
 13    promulgate rules prescribing:
 14        (a)  In the case of S corporations, partnerships,  trusts  or  estates,  a
 15        method  of  attributing  a  credit under this chapter to the shareholders,
 16        partners or beneficiaries in proportion to their share of the income  from
 17        the S corporation, partnership, trust or estate; and
 18        (b)  The  method  by which the carryover of credits and the duty to recap-
 19        ture credits shall survive and be transferred in the event of  reorganiza-
 20        tions, mergers or liquidations.
 21        (2)  In  the  case  of  a  unitary group of corporations filing a combined
 22    report under subsection (t) of section 63-3027, Idaho  Code,  credits  against
 23    income  tax  provided  by  sections  63-4303, 63-4304 and 63-4305, Idaho Code,
 24    earned by one (1) member of the group but not used by that member may be  used
 25    by another member of the group, subject to the limitation in subsection (3) of
 26    this  section,  instead of carried over. For a combined group of corporations,
 27    credit carried forward may be claimed by any member of the  group  unless  the
 28    member or members who earned the credit are no longer included in the combined
 29    group.
 30        (3)  The  total  of  all  credits allowed by sections 63-4303, 63-4304 and
 31    63-4305, Idaho Code, together with any credits carried forward  under  subsec-
 32    tion (4) of this section shall not exceed the amount of tax due under sections
 33    63-3024,  63-3025 and 63-3025A, Idaho Code, after allowance for all other cre-
 34    dits permitted by this chapter and the Idaho income tax act.
 35        (4)  If the credits exceed the limitation under  subsection  (3)  of  this
 36    section,  the  excess amount may be carried forward for a period that does not
 37    exceed:
 38        (a)  The next fourteen (14) taxable years in the case of  credits  allowed
 39        by sections 63-4303 and 63-4304, Idaho Code; or
 40        (b)  The  next  ten  (10)  taxable years in the case of credits allowed by
 41        section 63-4305, Idaho Code.
                                                                        
 42        63-4307.  RECAPTURE. (1) In the event that any person to whom a tax credit
 43    allowed by section 63-4303, 63-4304 or 63-4305, Idaho Code, fails to meet  the
 44    tax  incentive  criteria,  the  full  amount of the credit shall be subject to
 45    recapture by the commission.
 46        (2)  If, during any taxable year, an investment in new plant  is  disposed
 47    of,  or otherwise ceases to qualify with respect to the taxpayer, prior to the
 48    close of the recapture period, recapture of the  credit  allowed  by  sections
 49    63-4303  and 63-4304, Idaho Code, shall be determined for such taxable year in
 50    the same proportion and subject to the same provisions as an amount of  credit
 51    required to be recaptured under section 63-3029B, Idaho Code.
 52        (3)  In  the  event that the employment required in section 63-4302(2)(j),
 53    Idaho Code, is not maintained for the entire recapture  period,  recapture  of
                                                                        
                                           12
                                                                        
  1    the  credit  allowed  in  section 63-4305, Idaho Code, shall be determined for
  2    such taxable year in the same proportion as an amount of credit required to be
  3    recaptured under section 63-3029B, Idaho Code. This subsection  shall  not  be
  4    construed  to require that the required level of employment must be met by the
  5    same individual employees.
  6        (4)  Any amount subject to recapture is a deficiency in tax for the amount
  7    of the credit in the taxable year in which the disqualification  first  occurs
  8    and  may  be enforced and collected in the manner provided by the Idaho income
  9    tax act, provided however, that in lieu  of  the  provisions  of  section  63-
 10    3068(a),  Idaho Code, the period of time within which the commission may issue
 11    a notice under section 63-3045, Idaho Code, in regard to an amount subject  to
 12    recapture  shall  be  the later of five (5) years after the end of the taxable
 13    year in which the project period ends or three (3) years after the end of  the
 14    taxable year in which any amounts carried forward under section 63-4306, Idaho
 15    Code, expire.
                                                                        
 16        63-4308.  SALES  AND  USE  TAX INCENTIVES -- REBATES -- RECAPTURE. (1) For
 17    calendar years beginning on January 1, 2005, and ending on December 31,  2009,
 18    subject  to the limitations of this chapter, a taxpayer who has certified that
 19    the tax incentive criteria will be met within the project site shall be  enti-
 20    tled  to  receive  a  rebate of fifty percent (50%) of all sales and use taxes
 21    imposed by chapter 36, title 63, Idaho Code, and that the taxpayer or its con-
 22    tractors actually paid in regard  to  any  property  constructed,  located  or
 23    installed within the project site during the project period for that site.
 24        (2)  Upon filing of a written refund claim by the taxpayer entitled to the
 25    rebate,  and  subject to such reasonable documentation and verification as the
 26    commission may require, the rebate shall be paid by the commission as a refund
 27    allowable under section 63-3626, Idaho Code. A claim  for  rebate  under  this
 28    section  must  be  filed  on or before the last day of the third calendar year
 29    following the year in which the taxes sought to be rebated were  paid  or  the
 30    right to the rebate is lost.
 31        (3)  Any rebate paid shall be subject to recapture by the commission:
 32        (a)  At  one  hundred  percent  (100%) in the event that the tax incentive
 33        criteria are not met at the project site during the project period, or
 34        (b)  In the event that the property is not used, stored or otherwise  con-
 35        sumed  within the project site for a period of sixty (60) consecutive full
 36        months after the property was placed in service, or
 37        (c)  In the event that the employment required in  section  63-4302(2)(j),
 38        Idaho  Code, is not maintained for sixty (60) consecutive full months from
 39        the date the project period ends.
 40        (d)  Any recapture required by subsection (3)(b) or (3)(c) of this section
 41        shall be in the same proportion as an amount  of  credit  required  to  be
 42        recaptured under section 63-3029B, Idaho Code.
 43        (4)  Any  recapture amount due under this section shall be a deficiency in
 44    tax for the period in which the disqualification first occurs for purposes  of
 45    section  63-3629,  Idaho Code, and may be enforced and collected in the manner
 46    provided by the Idaho sales tax act, provided however, that  in  lieu  of  the
 47    provisions of section 63-3633, Idaho Code, the period of time within which the
 48    commission  may issue a notice under section 63-3629, Idaho Code, in regard to
 49    an amount subject to recapture, shall be the later of five (5) years after the
 50    end of the taxable year, for income tax purposes, in which the project  period
 51    ends.
 52        (5)  The  rebate allowed by this section is limited to sales and use taxes
 53    actually paid by the taxpayer or its contractors for taxable property  related
 54    to headquarters or administrative facilities.
                                                                        
                                           13
                                                                        
  1        63-4309.  ADMINISTRATION.  The  commission shall enforce the provisions of
  2    this chapter and may prescribe, adopt, and enforce reasonable  rules  relating
  3    to  the administration and enforcement of those provisions, including the pro-
  4    mulgation of rules relating to  information  necessary  to  certify  that  the
  5    incentive  criteria  have been or will be met. For the purpose of carrying out
  6    its duties to enforce or administer the provisions of this chapter,  the  com-
  7    mission  shall  have  the  powers  and  duties  provided  by sections 63-3038,
  8    63-3039, 63-3042 through 63-3067, 63-3068, 63-3071,  63-3074  through  63-3078
  9    and 63-217, Idaho Code.
                                                                        
 10        SECTION  4.  That  Chapter  6,  Title  63, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 63-606, Idaho Code, and to read as follows:
                                                                        
 13        63-606.  SMALL  AND  MEDIUM-SIZED BUSINESS GROWTH INCENTIVE EXEMPTION. (1)
 14    The county board of equalization of any county  in  which  any  property,  the
 15    investment in which qualifies for the income tax credits described in sections
 16    63-3903,  63-3904,  63-4303 and 63-4304, Idaho Code, is located may exempt all
 17    or a portion of the value of such property from property taxation.  The  board
 18    may  grant  the  exemption when it finds that the investments in such property
 19    benefit the citizens within the county and taxing districts within the  county
 20    in  a manner and to such a degree that to grant the exemption is necessary and
 21    just.
 22        (2)  When granting an exemption under this section, the board  shall  also
 23    specify  whether  the property exempted shall be included on any new construc-
 24    tion roll prepared by the county assessor in accordance with section  63-301A,
 25    Idaho Code.
 26        (3)  Applications for the exemption under this section shall be considered
 27    by  the  board as other applications for exemption under section 63-501, Idaho
 28    Code.  Upon request of the board, the state tax commission may disclose to the
 29    board or county official designated by  the  board  information  necessary  to
 30    identify and determine the property upon which the exemption may be granted.
 31
 32        SECTION  5.  SEVERABILITY.  The provisions of this act are hereby declared
 33    to be severable and if any provision of this act or the  application  of  such
 34    provision  to  any  person or circumstance is declared invalid for any reason,
 35    such declaration shall not affect the validity of the  remaining  portions  of
 36    this act.
                                                                        
 37        SECTION  6.  An  emergency  existing  therefor,  which emergency is hereby
 38    declared to exist, this act shall be in full force and effect on and after its
 39    passage and approval, and retroactively to January 1, 2005.

Statement of Purpose / Fiscal Impact


                                                                                                                                                                
                                                     
                        STATEMENT OF PURPOSE

                              RS 15051
                                  
This bill is the Idaho "Small Business Growth Incentive Act of
2005" and the Idaho "Medium-Sized Business Growth Incentive Act of
2005."  Together they provide qualifying businesses with:
Income tax credits:  

  o  A 3.75% investment tax credit with a credit limitation of 62.5%;
     Or a 4.50% investment tax credit with a credit limitation of 75%.
  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% or a 5.0% real property improvement tax credit for
     investment in headquarters or administrative buildings of up to
     $125,000 or $250,000 in any one year. 
   
A temporary sales tax abatement of either 25% or 50% for materials
used in new headquarters and administrative buildings.

To qualify a company must: 

  o  Create at least 125 or 250 new jobs in Idaho; 
  o  Jobs must have a starting annual salary of at least $32,240 or
     $40,000 per year, plus benefits; 
  o  Invest at least $15 million or $30 million in new headquarters or
     administrative buildings; 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
                                       New       New         New       Net 
For Fiscal Year 2006-   New Rev.      Local      State       Costs     Impact  

If Option One            $2.1 m      $0.564 m   $1.5 m     $0.375 m   $1.1 m
  (if 250 new employees)
If Option Two            $1.1 m      $0.265 m   $0.796 m   $0.109 m   $0.687 m
  (if 125 new employees)

                                                  Impact on General Fund
                                       New         New        New        Net
For Life of Tax Credits - New Rev.     Local       State      Costs      Impact

If Option One             $25.1 m     $13.2 m     $12.0 m    $2.4 m      $9.6 m           
  (if 250 new employees)  
If Option Two             $12.7 m      $6.1 m     $ 6.7 m    $0.731 m    $5.9 m           
  (if 125 new employees)



Contact:    Brian Whitlock
Agency:     Governor's Office
Telephone:  334-2100


STATEMENT OF PURPOSE/FISCAL NOTE                        H 259