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H0458...............................................by REVENUE AND TAXATION SALES TAX - SELLER'S PERMIT - Amends existing law to revise the penalty from a misdemeanor to a civil penalty, under the sales and use tax law, of doing business without a required seller's permit; to limit the penalty to persons who are responsible persons of a corporation or other business entity; and to provide for assessment of the penalty as a deficiency. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Rev/Tax 02/17 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 65-1-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Loertscher Absent and excused -- Black, Brackett, Field(23), Wood Floor Sponsor - Smith(24) Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Loc Gov 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw, Pearce Floor Sponsor - Malepeai Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/13 To Governor 03/14 Governor signed Session Law Chapter 61 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 458 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES AND USE TAXES; AMENDING SECTION 63-3620, IDAHO CODE, TO 3 REVISE THE PENALTY FOR DOING BUSINESS WITHOUT A REQUIRED SELLER'S PERMIT 4 FROM A CRIMINAL MISDEMEANOR TO A CIVIL PENALTY, TO LIMIT THE PENALTY TO 5 PERSONS WHO ARE RESPONSIBLE PERSONS OF A CORPORATION OR OTHER BUSINESS 6 ENTITY AND TO PROVIDE FOR ASSESSMENT OF THE PENALTY AS A DEFICIENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3620, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3620. PERMITS -- ISSUANCE -- REVOCATION -- PENALTIES. (a) Every 11 retailer engaged in business in this state, before conducting business within 12 this state, shall file with the state tax commission an application for a 13 seller's permit. Every application for a permit shall be made upon a form pre- 14 scribed by the state tax commission and shall set forth the name under which 15 the applicant transacts or intends to transact business, the location of his 16 place or places of business, and such other information as the state tax com- 17 mission may require. The applications, or any information contained thereon, 18 may be made available by the tax commission to authorized representatives of 19 state or federal agencies. The application shall be signed by the owner if he 20 is a natural person or by an individual authorized by the seller to sign the 21 application. Except as provided in subsection (f) of this section, permits 22 shall be issued without charge. 23 (b) The state tax commission, for the efficient administration of this 24 chapter, may issue: 25 (1) Temporary seller's permits. No retailer shall be issued more than 26 three (3) temporary permits in one (1) calendar year. A temporary permit 27 shall be valid only for the period of time shown on the face thereof. 28 (2) Wholesaler's permits to persons who are not retailers but who pur- 29 chase tangible personal property for resale. A wholesaler's permit shall 30 be valid for no more than twelve (12) consecutive months and may be 31 renewed by the commission. 32 (c) The person signing the application shall certify that the applicant 33 will actively engage in or conduct a business making sales subject to tax 34 under this chapter. 35 (d) After compliance by the applicant with the requirements set out above 36 and in section 63-3625, Idaho Code, the state tax commission shall grant and 37 issue to each applicant a permit. A permit shall not be assignable, and shall 38 be valid only for the person in whose name it is issued. The permit or a copy 39 thereof shall at all times be conspicuously displayed at each place where the 40 person to whom it is issued conducts business. 41 (e) A seller whose permit has been previously suspended or revoked shall 42 pay the state tax commission a fee of ten dollars ($10.00) for the renewal or 43 issuance of a permit in the event of a first revocation and twenty-five dol- 2 1 lars ($25.00) for renewal after each successive revocation unless the suspen- 2 sion or revocation is for inactivity pursuant to section 63-3620A, Idaho Code. 3 (f) Whenever any person fails to comply with any provision of this chap- 4 ter relating to the sales tax or any rules of the state tax commission relat- 5 ing to the sales tax prescribed and adopted under this chapter, the state tax 6 commission may revoke or suspend any one (1) or more of the permits held by 7 the person or may deny a new permit to such person. Notice of revocation or 8 denial shall be given in the manner provided for deficiencies in taxes in sec- 9 tion 63-3629, Idaho Code, which shall be subject to review as provided in sec- 10 tion 63-3631, Idaho Code. The state tax commission shall not issue a new per- 11 mit after the revocation of a permit unless the commission is satisfied that 12 the former holder of the permit will comply with the provisions of this chap- 13 ter relating to the sales tax and the rules of the state tax commission. 14 (g) A person who engages in business as a seller in this state without a 15 permit or permits, or after a permit has been suspended,and each officer of16any corporation which so engages in business is guilty of a misdemeanor pun-17ishable by a fineand any person who is a responsible person, as defined in 18 section 63-3627, Idaho Code, of such a business shall, after receiving written 19 notice from the state tax commission, be subject to a civil penalty not in 20 excess of one hundred dollars ($100), and each day shall constitute a separate 21 offense, which the state tax commission may assess as a deficiency pursuant to 22 section 63-3629, Idaho Code.
STATEMENT OF PURPOSE RS 15371 This bill amends the Idaho Sales Tax Act to change the penalty for doing business with out a seller's permit when a permit is required from a criminal misdemeanor to a civil penalty. The amount of the penalty is unchanged. Persons who are officers or employees with the duty to account for and pay over the tax for the business (instead of each officer of a corporation) are also subject to the penalty. FISCAL NOTE None CONTACT Name: Dan John Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 458