2007 Legislation
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HOUSE BILL NO. 15 – Income tax/investment income/nonres

HOUSE BILL NO. 15

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Bill Status



H0015...............................................by REVENUE AND TAXATION
INVESTMENT INCOME - NONRESIDENTS - STATE INCOME TAX - Amends existing law
to provide that nonresident individuals shall not be taxable for state
income tax purposes on investment income distributed by a qualified
investment partnership; and to define "qualified investment partnership."
                                                                        
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 - Roberts
    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 - Stegner
    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 12
         Effective: 01/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 15
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAXES; AMENDING SECTION 63-3026A, IDAHO  CODE,  TO  PROVIDE
  3        THAT  NONRESIDENT  INDIVIDUALS  SHALL  NOT BE TAXABLE ON INVESTMENT INCOME
  4        DISTRIBUTED BY A QUALIFIED INVESTMENT PARTNERSHIP AND TO DEFINE "QUALIFIED
  5        INVESTMENT PARTNERSHIP"; DECLARING AN EMERGENCY AND PROVIDING  A  RETROAC-
  6        TIVE EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That Section 63-3026A, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        63-3026A.  COMPUTING IDAHO TAXABLE  INCOME  OF  PART-YEAR  OR  NONRESIDENT
 11    INDIVIDUALS,  TRUSTS  AND ESTATES. (1) For nonresident individuals, trusts, or
 12    estates the term "Idaho taxable income"  includes  only  those  components  of
 13    Idaho  taxable  income  as  computed  for a resident which are derived from or
 14    related to sources within Idaho. This is to be computed without the deductions
 15    for either the standard deduction or itemized deductions  or  personal  exemp-
 16    tions except as provided in subsection (4) of this section.
 17        (2)  For part-year resident individuals, trusts or estates the term "Idaho
 18    taxable  income"  includes  the total of: (a) Idaho taxable income as computed
 19    for a resident for the portion of the tax period during which  a  taxpayer  is
 20    domiciled  in or is residing in Idaho, plus (b) those components of Idaho tax-
 21    able income which are derived from or related to sources within Idaho for that
 22    portion of the tax period during which a taxpayer is not domiciled in  and  is
 23    not  residing  in  Idaho.  This  is  to be computed without the deductions for
 24    either the standard deduction or itemized deductions  or  personal  exemptions
 25    except as provided in subsection (4) of this section.
 26        (3)  For the purposes of subsections (1) and (2) of this section:
 27        (a)  Income shall be considered derived from or relating to sources within
 28        Idaho when such income is attributable to or resulting from:
 29             (i)   Any business, trade, profession or occupation conducted or car-
 30             ried  on  in this state, including the distributive share of partner-
 31             ship income and deductions, and the pro rata share of  S  corporation
 32             income and deductions;
 33             (ii)  The  ownership or disposition of any interest in real or tangi-
 34             ble personal property located in this state;
 35             (iii) The ownership or disposition of any interest in intangible per-
 36             sonal property only to the extent that such property is employed in a
 37             business, trade, profession or occupation conducted or carried on  in
 38             this  state.  Provided however, that interest income from an install-
 39             ment sale of real or  tangible  personal  property  shall  constitute
 40             income from sources within this state to the extent that the property
 41             sold  was  located within this state. Provided further, that interest
 42             income received by a partner or shareholder of  a  partnership  or  S
 43             corporation  from  such partnership or S corporation shall constitute
                                                                        
                                       2
                                                                        
  1             income from sources within this state to the extent that the partner-
  2             ship or S corporation is transacting business within this state;
  3             (iv)  A resident estate or trust;
  4             (v)   A nonresident estate or trust to  the  extent  the  income  and
  5             deductions  of  the  nonresident estate or trust were derived from or
  6             related to sources within this state;
  7             (vi)  The conduct of pari-mutuel wagering, charitable gaming  or  any
  8             other    form  of  gambling taking place within this state, except as
  9             expressly limited in section 67-7439, Idaho Code;
 10             (vii) Gains or losses realized from the sale or other disposition  of
 11             a  partnership interest or stock in an S corporation to the extent of
 12             the partnership's or S corporation's Idaho  apportionment  factor  in
 13             the taxable year immediately preceding the year of sale.
 14        (b)  Notwithstanding  the provisions of subsection (3)(a) of this section,
 15        transactions and investments made, placed or directed  by  Idaho  resident
 16        registered  broker-dealers  and investment advisers or institutions exempt
 17        from registration under the Idaho securities act in securities listed with
 18        or through the New York Stock Exchange, the American Stock Exchange or any
 19        other stock exchange registered with  the  United  States  securities  and
 20        exchange  commission  and  approved  by  the director of the department of
 21        finance which generate dividends, interest, capital gains or similar prof-
 22        its or returns for nonresidents not otherwise subject to Idaho income tax-
 23        ation shall not result in the intangible property being deemed to  have  a
 24        situs outside the domicile of the owner.
 25        (c)  Notwithstanding  the provisions of subsection (3)(a) of this section,
 26        when intangible property owned by a  limited liability  company,  partner-
 27        ship  or  other  entity taxed as a partnership for federal income tax pur-
 28        poses generates dividends, interest, capital gains or similar  profits  or
 29        returns,  such  income shall not constitute income derived from or related
 30        to sources within Idaho, provided  that  the  business  activity  of  such
 31        entity  is limited to the investment in securities and activities incident
 32        thereto Nonresident individuals shall not be taxable on investment  income
 33        from a qualified investment partnership. For purposes of this paragraph, a
 34        "qualified investment partnership" means a partnership, as defined in sec-
 35        tion  63-3006B,  Idaho Code, that derives at least ninety percent (90%) of
 36        its gross income from investments that produce income that  would  not  be
 37        taxable  to  a  nonresident individual if the investment were held by that
 38        individual.
 39        (d)  Compensation paid by the United States  for  active  service  in  the
 40        armed  forces  of  the United States, performed by an individual not domi-
 41        ciled in this state, shall not constitute income derived from  or  related
 42        to sources within this state.
 43        (e)  The  income  of nonresident or part-year resident individuals, trusts
 44        or estates which is derived from or related to  sources  both  within  and
 45        without  this state shall be attributable to this state in the manner pre-
 46        scribed in the rules of the state tax commission.
 47        (4)  In computing the Idaho taxable income of a part-year  or  nonresident
 48    individual, trust or estate, the standard deduction or itemized deductions, as
 49    defined  in section 63-3022(j), Idaho Code, if applicable, and the exemptions,
 50    as defined in section 151 of the Internal Revenue Code  or  any  allowance  in
 51    lieu  of such deduction, shall be allowed in the proportion that paragraph (a)
 52    of this subsection bears to paragraph (b) of this subsection:
 53        (a)  The Idaho taxable income of the taxpayer modified as follows:
 54             (i)   No allowance shall be made for either the standard deduction or
 55             itemized deductions;
                                                                        
                                       3
                                                                        
  1             (ii)  No deduction shall be  made  for  personal  exemptions  or  any
  2             allowance in lieu of such deduction.
  3        (b)  The  Idaho  taxable  income  as would be calculated for a resident of
  4        Idaho modified as follows:
  5             (i)   No allowance shall be made for either a standard  deduction  or
  6             itemized deductions;
  7             (ii)  No  deduction  shall  be  made  for  personal exemptions or any
  8             allowance in lieu of such deduction;
  9             (iii) Compensation for active military service in  the  armed  forces
 10             shall not be deducted;
 11             (iv)  Income  earned  within  the original exterior boundaries of any
 12             federally created Indian reservation by an enrolled Indian in a  fed-
 13             erally  recognized Indian tribe on a federally recognized Indian res-
 14             ervation shall be added if not otherwise included.
 15        (5)  An adjustment may be made to eliminate distortions in the  amount  of
 16    net  income attributable to a taxpayer's activities within the state of Idaho.
 17    Such deductions shall be limited to circumstances  involving  itemized  deduc-
 18    tions as referred to in subsection (4) of this section and which reflect:
 19        (a)  A failure to reflect the net income or deduction after reimbursements
 20        have been received; or
 21        (b)  A  failure  to  reflect the net amount of mortgage interest income or
 22        expense from activities within Idaho.
 23        (6)  For the purposes of subsections (1) and (2) of this  section,  deduc-
 24    tions and adjustments allowed in computing the Idaho taxable income of nonres-
 25    ident  and  part-year  resident  individuals, trusts and estates shall be pre-
 26    scribed in the rules of the state tax commission. Such rules  shall  be  based
 27    upon:
 28        (a)  Whether  or not the deduction or adjustment is related to the produc-
 29        tion of income reportable to Idaho;
 30        (b)  Whether or not the deduction  or  adjustment  is  related  to  income
 31        received,  expenses paid, or events of tax consequence which occurred dur-
 32        ing a portion of a taxable year that the  taxpayer  was  domiciled  in  or
 33        residing in Idaho; or
 34        (c)  Any   other   appropriate   basis   for  making  the  adjustment.  An
 35        "appropriate basis" is one which the state tax commission finds is  needed
 36        to insure that the amount of Idaho taxable income is fairly and reasonably
 37        related to a taxpayer's activities in this state.
                                                                        
 38        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 39    declared to exist, this act shall be in full force and effect on and after its
 40    passage and approval, and retroactively to January 1, 2007.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE

                        RS 16529

This bill clarifies when nonresident individuals are not 
required to pay Idaho income tax on investment income 
distributed by Idaho investment partnerships. Under the Idaho 
Income Tax Act, “partnerships” include general and limited 
partnerships, limited liability companies and other entities 
classified as partnerships pursuant to the federal income tax 
regulations.


                      FISCAL NOTE

None.



CONTACT
Name:	Dan John/Ted Spangler
Agency:	State Tax Commission
Phone:	(208) 334-7500


STATEMENT OF PURPOSE/FISCAL NOTE                	H 15