2007 Legislation
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HOUSE BILL NO. 242 – Income tax credit/scholarshp donatn

HOUSE BILL NO. 242

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Bill Status



H0242...............................................by REVENUE AND TAXATION
INCOME TAX CREDIT - Amends existing law relating to income tax to provide
an income tax credit for a charitable contribution to the state account
established for the Idaho Opportunity Scholarship Program.
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Rev/Tax
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Jaquet,
      Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
      Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
      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), Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Edmunson, Harwood, Henderson, Nonini,
      Wood(35)
    Floor Sponsor - Ruchti
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Loc Gov

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 242
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX; AMENDING SECTION 63-3029A, IDAHO CODE, TO  PROVIDE  AN
  3        INCOME  TAX  CREDIT  FOR  A  CHARITABLE  CONTRIBUTION TO THE STATE ACCOUNT
  4        ESTABLISHED FOR THE IDAHO OPPORTUNITY SCHOLARSHIP PROGRAM.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 63-3029A, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        63-3029A.  INCOME  TAX  CREDIT FOR CHARITABLE CONTRIBUTIONS -- LIMITATION.
  9    At the election of the taxpayer, there shall be allowed, subject to the appli-
 10    cable limitations provided herein, as a credit against the income tax  imposed
 11    by chapter 30, title 63, Idaho Code, an amount equal to fifty percent (50%) of
 12    the  aggregate amount of charitable contributions made by such taxpayer during
 13    the year to a nonprofit corporation, fund, foundation, trust,  or  association
 14    organized  and  operated exclusively for the benefit of institutions of higher
 15    learning located within the state of Idaho,  including  a  university  related
 16    research park, to nonprofit private or public institutions of elementary, sec-
 17    ondary,  or  higher education or their foundations located within the state of
 18    Idaho, including the state  account  established  for  the  Idaho  opportunity
 19    scholarship  program,  to  Idaho education public broadcast system foundations
 20    within the state of Idaho, to the Idaho state historical society or its  foun-
 21    dation, to the Idaho commission for libraries and to public libraries or their
 22    foundations  and  library  districts  or  their foundations located within the
 23    state of Idaho, and to nonprofit public or private museums  or  their  founda-
 24    tions located within the state of Idaho.
 25        (1)  In the case of a taxpayer other than a corporation, the amount allow-
 26    able  as  a  credit  under  this section for any taxable year shall not exceed
 27    twenty percent (20%) of such taxpayer's total income tax liability imposed  by
 28    section  63-3024,  Idaho  Code,  for  the year, or one hundred dollars ($100),
 29    whichever is less.
 30        (2)  In the case of a corporation, the amount allowable as a credit  under
 31    this  section  for any taxable year shall not exceed ten percent (10%) of such
 32    corporation's total income or franchise  tax  liability  imposed  by  sections
 33    63-3025  and  63-3025A,  Idaho  Code,  for  the  year, or one thousand dollars
 34    ($1,000), whichever is less.
 35        For the purposes of this section, "institution of higher  learning"  means
 36    only  an  educational institution located within this state meeting all of the
 37    following requirements:
 38        (a)  It maintains a regular faculty and curriculum  and  has  a  regularly
 39        enrolled body of students in attendance at the place where its educational
 40        activities are carried on.
 41        (b)  It regularly offers education above the twelfth grade.
 42        (c)  It  is  accredited  by  the northwest association of schools and col-
 43        leges, or by the state board of education.
                                                                        
                                       2
                                                                        
  1        For the purposes of this section, a nonprofit institution of secondary  or
  2    higher  education  means  a  private nonprofit secondary or higher educational
  3    institution located within the state of Idaho,  which  is  accredited  by  the
  4    northwest association of schools and colleges, or by the state board of educa-
  5    tion.  A nonprofit private institution of elementary education means a private
  6    nonprofit elementary educational institution located within the state of Idaho
  7    and approved by the state board of education.

Statement of Purpose / Fiscal Impact


               
                       STATEMENT OF PURPOSE

                             RS 17066

The purpose of this legislation is to create an income tax
credit for individuals who contribute to the Idaho Opportunity
Scholarship Fund. The Idaho Opportunity Scholarship Fund will be
used to provide financial resources to Idaho students who are
economically disadvantaged and commit to successful completion of
the academic preparation necessary to be regularly admitted to an
eligible Idaho institution of higher education.


                           FISCAL NOTE

The proposal has been crafted to allow Idaho citizens and
businesses to contribute funds into the Opportunity Scholarship
Fund. This parallels existing tax credits found in Idaho Code 63-
3029A, which limits income tax credit to a maximum of $100 for
individuals and $1,000 for corporations. The actual impact upon
state tax collections is unknown.


Contact
Name: Karen McGee 
Agency: Office of the Governor 
Phone: 334-2100


STATEMENT OF PURPOSE/FISCAL NOTE                         H 242