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H0009...............................................by REVENUE AND TAXATION TAXATION - TOBACCO PRODUCTS - Amends existing law to require tobacco distributors to hold cigarette permits from the State Tax Commission; to allow the credit for taxes paid to distributors who ship tobacco products to distributors outside Idaho; to delete provisions relating to monthly estimated tax returns; and to provide returns monthly or such other period as the State Tax Commission may, by rule, provide. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Rev/Tax 01/17 Rpt out - rec d/p - to 2nd rdg 01/18 2nd rdg - to 3rd rdg 01/22 3rd rdg - PASSED - 66-0-4 AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Anderson, Clark, Ringo, Shirley Floor Sponsor - Killen Title apvd - to Senate 01/23 Senate intro - 1st rdg - to Loc Gov 02/02 Rpt out - rec d/p - to 2nd rdg 02/05 2nd rdg - to 3rd rdg 02/06 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Corder Title apvd - to House 02/07 To enrol 02/08 Rpt enrol - Sp signed 02/09 Pres signed 02/12 To Governor 02/13 Governor signed Session Law Chapter 19 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 9 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE TAX ON TOBACCO PRODUCTS; AMENDING SECTION 63-2554, IDAHO CODE, 3 TO REQUIRE TOBACCO DISTRIBUTORS TO HOLD CIGARETTE PERMITS; AMENDING SEC- 4 TION 63-2559, IDAHO CODE, TO ALLOW THE CREDIT FOR TAXES PAID TO DISTRIBU- 5 TORS WHO SHIP TOBACCO PRODUCTS TO DISTRIBUTORS OUTSIDE IDAHO; AND AMENDING 6 SECTION 63-2560, IDAHO CODE, TO DELETE PROVISIONS RELATING TO MONTHLY 7 ESTIMATED TAX RETURNS, TO PROVIDE RETURNS MONTHLY OR SUCH OTHER PERIOD AS 8 THE STATE TAX COMMISSION MAY BY RULE PROVIDE AND TO MAKE TECHNICAL CORREC- 9 TIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-2554, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-2554.CERTIFICATE OF REGISTRATIONPERMIT REQUIRED.From and after July141, 1972, nNo person shall engage in the business of a distributor or 15 subjobber of tobacco products at any place of business without first having 16 received from the commission acertificate of registrationpermit as provided 17 in section 63-2503 or 63-2504, Idaho Code. 18 SECTION 2. That Section 63-2559, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 63-2559. WHEN CREDIT MAY BE OBTAINED FOR TAX PAID. (1) Where tobacco 21 products upon which the tax imposed by this chapter has been reported and 22 paid, are shipped or transported by the distributor to distributors or 23 retailerswithoutoutside the state, to be sold by those distributors or 24 retailers, or are returned to the manufacturer by the distributor or destroyed 25 by the distributor, credit of such tax may be made to the distributor in 26 accordance with rules prescribed by the commission. 27 (2) Taxes paid on tobacco products sold on or after January 1, 2000, on 28 accounts later found to be worthless and actually charged-off may be credited 29 upon a subsequent payment of the tax on tobacco products or, if no such tax is 30 due, refunded. If all or part of such an account is thereafter collected, the 31 tax shall be paid based upon the proportion of the amount collected. 32 SECTION 3. That Section 63-2560, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 63-2560. TAX PAYABLE MONTHLY -- RETURNS -- OTHER THAN MONTHLYESTIMATE35AND QUARTERLYRETURNS,-- PROCEDURE. (1) The taxes imposed hereunder shall be 36 due and payable in monthlyinstalmentsinstallments and remittance therefor 37 shall be made on or before the twentieth day of the month next succeeding the 38 end of the monthly period in which tax accrued. The taxpayer, on or before 39 said twentieth day of said month, shall make out a return, upon such forms and 2 1 setting forth such information as the tax commission may require, showing the 2 amount of the tax for which he is liable for the preceding monthly period, and 3 shall sign and transmit the same to the commission, together with a remittance 4 for such amount in the form required.Provided, that any such taxpayer may5elect to remit each month, on such forms as the tax commission shall in its6discretion prescribe, an estimate of the tax to be due for each month on or7before the twentieth day of the month next succeeding the end of the monthly8period in which the tax accrued, and a quarterly return to the commission on9or before the twentieth day of the month next succeeding the end of each quar-10ter of every year, and shall remit therewith the balance of the actual tax due11for the period of the report. Provided further, that every person who shall12elect to remit a monthly "estimate of the tax to be due" as hereinabove13described shall remit each month at least one-third (1/3) of the tax paid dur-14ing the previous quarter, or ninety per cent (90%) of the tax actually col-15lected or owing during the month, whichever is greater.16The tax commission may also relieve any taxpayer or class of taxpayers17from the obligation of filing monthly returns and may require the return to18cover other reporting periods, but in no event shall returns be filed for a19period greater than one (1) year.20The tax commission may also, by general rule or regulation, establish con-21ditions for submission of annual or semiannual reconciling returns by such22taxpayers or class of taxpayers in lieu of quarterly returns.23The tax commission may also require verified annual returns from any tax-24payer, setting forth such additional information as it may deem necessary to25correctly determine tax liability.26 (2) The state tax commission may by rule provide returns for periods of 27 time other than monthly periods. Returns for such reporting periods, together 28 with payment of the required taxes, shall be due on or before the twentieth 29 day of the month following the end of the period to which the return relates.
STATEMENT OF PURPOSE RS 16520C1 This bill makes three changes to the tax on tobacco products. Tobacco products are those products made from tobacco that are not cigarettes. Section 1 corrects mistaken language. The State Tax Commission issues a “permit” under Idaho Code section 63-2503 or 63-2504, not a “certificate of authority.” Section 2 allows distributors who ship tobacco products to distributors outside Idaho to take the credit for taxes previously paid to Idaho. Currently, the credit is allowed only for tobacco products shipped to retailers outside the state. Section 3 updates the law relating to filing tobacco products tax returns. It repeals provisions relating to monthly estimated tax returns and requires returns monthly or such other period as the State Tax Commission may provide by rule. FISCAL NOTE None. CONTACT Name: Dan John/Ted Spangler Agency: State Tax Commission Phone: (208) 334-7500 STATEMENT OF PURPOSE/FISCAL NOTE H 9