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H0013...............................................by REVENUE AND TAXATION INCOME TAX - Amends existing law to clarify how depreciation is calculated for Idaho taxable income on the sale, exchange or other disposition of depreciable property; and to provide the period of limitations. 01/16 House intro - 1st rdg - to printing 01/17 Rpt prt - to Rev/Tax 01/18 Rpt out - rec d/p - to 2nd rdg 01/19 2nd rdg - to 3rd rdg 01/23 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, 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(Wallace), Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35) NAYS -- None Absent and excused -- Clark, Mr. Speaker Floor Sponsor - Hart Title apvd - to Senate 01/24 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 - Siddoway Title apvd - to House 02/07 To enrol 02/08 Rpt enrol - Sp signed 02/09 Pres signed 02/12 To Governor 02/14 Governor signed Session Law Chapter 11 Effective: 01/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 13 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAX; AMENDING SECTION 63-3022O, IDAHO CODE, TO CLARIFY HOW 3 DEPRECIATION IS CALCULATED FOR IDAHO TAXABLE INCOME ON THE SALE, EXCHANGE 4 OR OTHER DISPOSITION OF DEPRECIABLE PROPERTY AND TO PROVIDE THE PERIOD OF 5 LIMITATIONS; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE 6 DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3022O, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3022O. ADJUSTMENT -- PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001 -- 11 EXPENSES OF ELEMENTARY AND SECONDARY TEACHERS -- SMALL BUSINESS EXPENSES -- 12 LIMITATIONS ON ASSESSMENTS AND REFUNDS. For taxable years commencing on and 13 after January 1, 2001, in computing Idaho taxable income: 14 (1) The adjusted basis of depreciable property, depreciation andcapital15 gains and losses from sale, exchange or other disposition of depreciable prop- 16 erty shall be computed without regard to subsection (k) of section 168 of the 17 Internal Revenue Code; and 18 (2) No deduction shall be allowed relating to expenses of elementary and 19 secondary teachers otherwise allowable under section 62(a)(2)(D) of the Inter- 20 nal Revenue Code; and 21 (3)When, in regard to property subject to this section, the adjusted22basis of depreciable property, depreciation and capital gains and losses23resulting from the provisions of this section (as previously reported by the24taxpayer or as adjusted by the state tax commission) are subject to change or25adjustment by the taxpayer or by the state tax commission, a claim for refund26or notice of deficiency determination for amounts resulting from the changes27shall be made within the greater of the time provided in sections 63-3068 and2863-3072, Idaho Code, or the useful life of the property to which the adjust-29ment relatesAdjustments in computing Idaho taxable income required by subsec- 30 tion (1) of this section shall be made without regard to loss limitations 31 imposed by sections 465, 469, 704(d) and 1366(d) of the Internal Revenue Code; 32 and 33 (4) A taxpayer's basis in an interest in a pass-through entity, amount at 34 risk, and passive activity loss carryover shall be the same amount for pur- 35 poses of the Idaho income tax act as the amount determined under the Internal 36 Revenue Code; and 37 (5) Each partner, shareholder, member or beneficiary, shall include in 38 Idaho taxable income his share of the adjustments required by this section in 39 computing Idaho taxable income of any pass-through entity; and 40 (6) Notwithstanding the provisions of sections 63-3068 and 63-3072, Idaho 41 Code, the period of limitations for issuing a notice of deficiency determina- 42 tion or filing a claim for refund for any year for which an adjustment is 43 required by this section shall not expire before three (3) years from the 2 1 later of: (a) the due date of the return for the last taxable year an adjust- 2 ment was required by this section, or (b) the date the return was filed for 3 the last taxable year an adjustment was required by this section. Upon the 4 expiration of the period of limitations as provided in subsections (a) and (m) 5 of section 63-3068, Idaho Code, and subsections (b) and (h) of section 6 63-3072, Idaho Code, only those specific items of basis, deductions, gains or 7 losses that are computed, without regard to subsection (k) of section 168 of 8 the Internal Revenue Code, as required by this section shall be subject to 9 adjustment. 10 SECTION 2. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval, and retroactively to January 1, 2007.
STATEMENT OF PURPOSE RS 16527C1 This bill clarifies the calculations required to accomplish legislative intent that bonus depreciation not be deductible in computing Idaho taxable income. It provides that bonus depreciation adjustments must be made regardless of Internal Revenue Code limitations on a taxpayer’s passive activity losses or other losses from pass-through entities. Adjustments required by pass-through entities flow through to the owners who must report their share of the adjustments. The bill also addresses items not affected by the bonus depreciation adjustments, such as passive activity loss carryovers, amounts at-risk, and bases in the interests in pass-through entities and clarifies these items must conform to federal amounts. The statute of limitations relative to bonus depreciation adjustments is modified to a period that will be easier for taxpayers and the Tax Commission to determine and will result in consistent treatment of bonus depreciation additions and subtractions to Idaho taxable income. The bill corrects a reference to capital gain or loss. FISCAL NOTE None in current or next fiscal year. CONTACT Name: Dan John/Ted Spangler Agency: State Tax Commission Phone: (208) 334-7500 STATEMENT OF PURPOSE/FISCAL NOTE H 13