2006 Legislation
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HOUSE BILL NO. 471 – Income tax extension/pymt due/when

HOUSE BILL NO. 471

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Bill Status



H0471...............................................by REVENUE AND TAXATION
INCOME TAX - Amends existing law to delete the provision extending the
payment due date from state income taxes when the date to file returns is
extended; and to provide that the payment of any balance of tax is due on
the earlier of the extended due date or the date the income tax return is
filed.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    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 - Collins
    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
03/07    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 - Corder
    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 56
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 471
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAXES; AMENDING SECTION 63-3033, IDAHO CODE, TO DELETE  THE
  3        PROVISION  EXTENDING THE PAYMENT DUE DATE WHEN THE DATE TO FILE RETURNS IS
  4        EXTENDED AND TO PROVIDE THAT THE PAYMENT OF ANY BALANCE OF TAX IS  DUE  ON
  5        THE EARLIER OF THE EXTENDED DUE DATE OR THE DATE THE RETURN IS FILED.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 63-3033, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-3033.  EXTENSION OF TIME. (a) Taxpayers shall have an automatic  exten-
 10    sion  of time for filing any return, declaration, statement or other document,
 11    or payment required by this chapter for a period of six (6) months  if  on  or
 12    before  the  unextended due date the taxpayer has paid at least eighty percent
 13    (80%) of the total tax due on the income tax return when it is filed,  or  the
 14    total  tax  due  on  the  income tax return for the prior year if a return was
 15    filed for the prior year.
 16        (b)  If, on the unextended due date, the payment required to meet the pro-
 17    visions of subsection (a) of this section, after consideration of any previous
 18    credits or payments applicable to the return, is  fifty  dollars  ($50.00)  or
 19    less,  such  payment  shall not be required in order to qualify for the exten-
 20    sion. However, interest shall accrue as provided in  subsection  (f)  of  this
 21    section.  Payment  of any balance of tax is due on the earlier of the extended
 22    due date or the date the return is filed.
 23        (c)  Taxpayers residing outside any of the United States and  Puerto  Rico
 24    (including  persons  in  military  or  naval  service) shall have an automatic
 25    extension of time within which to file income tax returns with this state  for
 26    a  period which shall expire on the fifteenth day of the sixth month following
 27    the close of their taxable year.
 28        (d)  Individuals who are entitled to extensions for filing federal  income
 29    tax  returns  as a result of the application of the provisions of sections 911
 30    and 7508 of the Internal Revenue Code, shall be entitled to extensions of time
 31    for the same period for filing income tax returns with the state of Idaho sub-
 32    ject to the requirements imposed in implementation of the indicated sections.
 33        (e)  Any taxpayer entitled to an extension under subsection (c) or (d)  of
 34    this  section shall attach a statement to his return claiming his right to the
 35    extension.
 36        (f)  If the amount of payment made under subsection (a) of this section is
 37    less than eighty percent (80%) of the total tax due under  the  provisions  of
 38    this  chapter  and  is less than the amount of the total tax due on the income
 39    tax return for the prior year, except as permitted by subsection (b)  of  this
 40    section,  a penalty may be applied to the total of the balance due unless rea-
 41    sonable cause can be established. The penalty shall be:
 42        (1)  If the taxes for the taxable year are paid on or before the  extended
 43        due  date,  two  percent  (2%) per month from the original due date to the
                                                                        
                                           2
                                                                        
  1        date of payment.
  2        (2)  If the taxes for the taxable year are  not  paid  on  or  before  the
  3        extended due date, the penalty provided in section 63-3046(c), Idaho Code,
  4        from the original due date.
  5        (g)  In  all  cases  of  an extension of time in which to file any return,
  6    interest shall be paid on any tax due from the original due date  to  date  of
  7    payment at the rate provided in section 63-3045, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 15372

     This bill provides that for taxpayers who qualify for an
extension of time to file their Idaho individual income tax
returns, the due date to pay taxes due on the return when filed
is the earlier of the extended due date or at the time the return
is filed.



                          FISCAL NOTE

     None.





CONTACT
Name:     Dan John
Agency:   State Tax Commission
Phone:    334-7530

STATEMENT OF PURPOSE/FISCAL NOTE                              H 471