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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 the19 (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 4engineering and environmentallaboratory, 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 the8 (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 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