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H0457...............................................by REVENUE AND TAXATION INCOME TAX - Amends existing law to provide that, for state income tax purposes, a person who is a nonresident alien under the Internal Revenue Code is excluded from the definition of "resident." 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Rev/Tax 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Mr. Speaker Floor Sponsor - Moyle Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Loc Gov 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 35-0-0 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - McKenzie Title apvd - to House 03/09 To enrol 03/10 Rpt enrol - Sp signed 03/13 Pres signed 03/14 To Governor 03/15 Governor signed Session Law Chapter 90 Effective: 01/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 457 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXES; AMENDING SECTION 63-3013, IDAHO CODE, TO EXCLUDE 3 FROM THE DEFINITION OF "RESIDENT" A PERSON WHO IS A NONRESIDENT ALIEN 4 UNDER THE INTERNAL REVENUE CODE; DECLARING AN EMERGENCY AND PROVIDING RET- 5 ROACTIVE APPLICATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 63-3013, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 63-3013. RESIDENT. (1) The term "resident," for income tax purposes, 10 means any individual who: 11 (a) Is domiciled in the state of Idaho for the entire taxable year; or 12 (b) Maintains a place of abode in this state for the entire taxable year 13 and spends in the aggregate more than two hundred seventy (270) days of 14 the taxable year in this state. Presence within the state for any part of 15 a calendar day shall constitute a day spent in the state unless the indi- 16 vidual can show that his presence in the state for that day was for a tem- 17 porary or transitory purpose. 18 (2) An individual shall not be considered a resident, but may be consid- 19 ered a part-year resident, during a period of absence from this state 20 described as follows: 21 (a) The period begins with an individual leaving this state if the indi- 22 vidual is absent from this state for at least four hundred forty-five 23 (445) days in the first fifteen (15) months. 24 (b) During such period, but excluding the first fifteen (15) months, the 25 individual was not present in this state for more than sixty (60) days in 26 any calendar year. 27 (c) During such period, the individual did not maintain a permanent place 28 of abode in this state at which his spouse (unless he and his spouse are 29 legally separated) or minor or dependent children are present for more 30 than sixty (60) days during any calendar year. 31 (d) The individual did not, during such period, hold an elective or 32 appointive office of the government of the United States (other than the 33 armed forces of the United States or career appointees in the United 34 States foreign service). 35 (e) The individual was not, during such period, employed on the staff of 36 an elective officer in the legislative branch of the government of the 37 United States; and 38 (f) The individual did not, during such period, claim Idaho as his tax 39 home for federal income tax purposes. 40 (g) The period ends with an individual returning to this state if such 41 individual remains or resides in the state for more than sixty (60) days. 42 (3) Any individual who is a nonresident alien as defined in section 7701 43 of the Internal Revenue Code is not a resident within the meaning of this sec- 2 1 tion. 2 SECTION 2. 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 15358 Under the definition of "resident" in the Idaho Income Tax Act, it is occasionally possible for an individual who is a nonresident alien for federal income tax to be an Idaho resident. This bill prevents that result by expressly excluding a nonresident alien from the Idaho definition of "resident." FISCAL NOTE None. CONTACT Name: Dan John Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 457