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H0441...............................................by REVENUE AND TAXATION INTERNAL REVENUE CODE - Amends existing law to update references to the Internal Revenue Code; and to disallow the federal income tax deduction for qualified production income activity for state income tax purposes. 01/23 House intro - 1st rdg - to printing 01/24 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 441 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXES; AMENDING SECTION 63-3004, IDAHO CODE, TO UPDATE REF- 3 ERENCES TO THE INTERNAL REVENUE CODE; AMENDING SECTION 63-3022O, IDAHO 4 CODE, TO DISALLOW THE FEDERAL INCOME TAX DEDUCTION FOR QUALIFIED PRODUC- 5 TION INCOME ACTIVITY; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE 6 APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3004, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3004. INTERNAL REVENUE CODE. (a) The term "Internal Revenue Code" 11 means the Internal Revenue Code of 1986 of the United States, as amended, and 12 in effect on the first day of January, 20056. 13 (b) Provisions of the Internal Revenue Code amended, deleted, or added 14 prior to the effective date of the latest amendment to this section shall be 15 applicable for Idaho income tax purposes on the effective date provided for 16 such amendments, deletions, or additions, including retroactive provisions. 17 SECTION 2. That Section 63-3022O, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 63-3022O. ADJUSTMENT -- PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001 -- 20 EXPENSES OF ELEMENTARY AND SECONDARY TEACHERS -- SMALL BUSINESS EXPENSES -- 21 QUALIFIED PRODUCTION ACTIVITY INCOME DEDUCTION -- LIMITATIONS ON ASSESSMENTS 22 AND REFUNDS. (1) For taxable years commencing on and after January 1, 2001, in 23 computing Idaho taxable income: 24 (1a) The adjusted basis of depreciable property, depreciation and capital 25 gains and losses shall be computed without regard to subsection (k) of 26 section 168 of the Internal Revenue Code; and 27 (2b) No deduction shall be allowed relating to expenses of elementary and 28 secondary teachers otherwise allowable under section 62(a)(2)(D) of the 29 Internal Revenue Code.; and30 (2) For taxable years commencing on and after January 1, 2006, in comput- 31 ing Idaho taxable income no deduction shall be allowed relating to qualified 32 production activity income allowable under section 199 of the Internal Revenue 33 Code. 34 (3) When, in regard to property subject to this section, the adjusted 35 basis of depreciable property, depreciation and capital gains and losses 36 resulting from the provisions of this section (as previously reported by the 37 taxpayer or as adjusted by the state tax commission) are subject to change or 38 adjustment by the taxpayer or by the state tax commission, a claim for refund 39 or notice of deficiency determination for amounts resulting from the changes 40 shall be made within the greater of the time provided in sections 63-3068 and 41 63-3072, Idaho Code, or the useful life of the property to which the adjust- 2 1 ment relates. 2 SECTION 3. An emergency existing therefor, which emergency is hereby 3 declared to exist, this act shall be in full force and effect on and after its 4 passage and approval, and retroactively to January 1, 2006.
STATEMENT OF PURPOSE RS 15357 This is the annual bill to update references to the Internal Revenue Code (IRC). It conforms the Idaho income tax to changes made to the IRC after January 1, 2005, including the American Jobs Creation Act. However, for taxable years beginning on and after January 1, 2006, the bill disallows any deduction for qualified production activity income otherwise allowed by the IRC as a deduction on a federal return. Taxpayers entitled to the deduction for taxable years beginning during 2005, are unaffected. FISCAL NOTE Section 1. No fiscal impact to section 1. Section 2. Three million dollar increase to the general fund. CONTACT Name: Dan John Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 441