2007 Legislation
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HOUSE BILL NO. 17 – Income tax, S corporations

HOUSE BILL NO. 17

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Bill Status



H0017...............................................by REVENUE AND TAXATION
INCOME TAX - S CORPORATIONS - Amends existing law to provide that S
corporations shall be subject to tax on the amount of net recognized
built-in gain attributable to this state and excess net passive income
attributable to this state for income tax purposes.
                                                                        
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 - Lake
    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 - McKenzie
    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 14
         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. 17
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX; AMENDING SECTION 63-3025, IDAHO CODE, TO PROVIDE  THAT
  3        S  CORPORATIONS  SHALL  BE  SUBJECT TO TAX ON THE AMOUNT OF NET RECOGNIZED
  4        BUILT-IN GAIN ATTRIBUTABLE TO THIS STATE AND  EXCESS  NET  PASSIVE  INCOME
  5        ATTRIBUTABLE TO THIS STATE; AMENDING SECTION 63-3025A, IDAHO CODE, TO PRO-
  6        VIDE THAT S CORPORATIONS SHALL BE SUBJECT TO TAX ON THE AMOUNT OF NET REC-
  7        OGNIZED  BUILT-IN  GAIN ATTRIBUTABLE TO THIS STATE AND  EXCESS NET PASSIVE
  8        INCOME ATTRIBUTABLE TO THIS STATE AND  TO  MAKE  A  TECHNICAL  CORRECTION;
  9        DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 63-3025, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        63-3025.  TAX ON CORPORATE INCOME. (1) For taxable years commencing on and
 14    after January 1, 2001, a tax is hereby imposed on the Idaho taxable income  of
 15    a  corporation,  other than an S corporation, which transacts or is authorized
 16    to transact business in this state or which has income  attributable  to  this
 17    state.  The tax shall be equal to seven and six-tenths percent (7.6%) of Idaho
 18    taxable income.; provided, however, that the
 19        (2)  In the case of an S corporation that is required  to  file  a  return
 20    under  section  63-3030,  Idaho Code, a tax is hereby imposed at the rate pro-
 21    vided in subsection (1) of this section upon both:
 22        (a)  Net recognized built-in gain attributable to this state.  The  amount
 23        of  net  recognized built-in gain attributable to this state shall be com-
 24        puted in accordance with section 1374 of the Internal Revenue Code subject
 25        to the apportionment and allocation provisions of section  63-3027,  Idaho
 26        Code.
 27        (b)  Excess  net  passive income attributable to this state. The amount of
 28        excess net passive income attributable to this state shall be computed  in
 29        accordance  with  section 1375 of the Internal Revenue Code subject to the
 30        apportionment and allocation provisions of section 63-3027, Idaho Code.
 31        (3)  The tax imposed by subsection (1) or (2) of this section shall not be
 32    less than twenty dollars ($20.00); provided further  that  the  twenty  dollar
 33    ($20.00) minimum payment shall not be collected from nonproductive mining cor-
 34    porations.
 35        (4)  The tax imposed by this section shall not apply to corporations taxed
 36    pursuant to the provisions of section 63-3025A, Idaho Code.
                                                                        
 37        SECTION  2.  That Section 63-3025A, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        63-3025A.  FRANCHISE TAX. (1) For taxable years commencing  on  and  after
 40    January  1, 2001, a franchise tax shall be imposed upon any corporation, other
 41    than an S corporation, for the privilege of exercising its corporate franchise
                                                                        
                                       2
                                                                        
  1    within the state during such taxable year including, but not limited to,  cor-
  2    porations engaged in business in Idaho for the exclusive purpose of performing
  3    contracts  with  the  United States department of energy at the Idaho national
  4    engineering and environmental laboratory,  which  tax  shall  be  measured  by
  5    income  which is attributable to this state under the provisions of this chap-
  6    ter and which tax shall be at the rate  provided  in  section  63-3025,  Idaho
  7    Code.; provided, however, that the
  8        (2)  In  the  case  of  an S corporation that is required to file a return
  9    under section 63-3030, Idaho Code, a tax is hereby imposed at  the  rate  pro-
 10    vided in subsection (1) of this section upon both:
 11        (a)  Net  recognized  built-in gain attributable to this state. The amount
 12        of net recognized built-in gain attributable to this state shall  be  com-
 13        puted in accordance with section 1374 of the Internal Revenue Code subject
 14        to  the  apportionment and allocation provisions of section 63-3027, Idaho
 15        Code.
 16        (b)  Excess net passive income attributable to this state. The  amount  of
 17        excess  net passive income attributable to this state shall be computed in
 18        accordance with section 1375 of the Internal Revenue Code subject  to  the
 19        apportionment and allocation provisions of section 63-3027, Idaho Code.
 20        (3)  The tax imposed by subsection (1) or (2) of this section shall not be
 21    less  than  twenty  dollars  ($20.00); provided further that the twenty dollar
 22    ($20.00) minimum payment shall not be collected from nonproductive mining cor-
 23    porations; but the twenty dollar ($20.00) minimum tax shall apply to  corpora-
 24    tions  qualified  to file returns and actually filing returns under the provi-
 25    sions of subchapter "S" of the Internal Revenue Code.
                                                                        
 26        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 27    declared to exist, this act shall be in full force and effect on and after its
 28    passage and approval, and retroactively to January 1, 2007.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE

                       RS 16534C1

The Internal Revenue Code imposes a separate federal tax on 
certain net recognized built-in gain and excess net passive 
income of S corporations that are not subject to the normal 
income tax.  These taxes were imposed as part of the Tax Reform 
Act of 1986.  Based on the Idaho Income Tax Act’s recognition of 
federal S corporation status and its conformity to federal 
definitions of taxable income, it has been, since 1986, the 
state’s policy to similarly tax the portion of the net 
recognized built-in gain and excess net passive income 
attributable to Idaho.  Because of some question about the 
technical adequacy of the Idaho statutes to accomplish the 
policy of conforming the Idaho Income Tax Act to these separate 
federal taxes, this bill clarifies that the Idaho portion of 
these two items of federally recognized income are also subject 
to tax in Idaho.


                        FISCAL NOTE

None



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


STATEMENT OF PURPOSE/FISCAL NOTE                    	H 17