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H0067...............................................by REVENUE AND TAXATION SALES TAX - Adds to and amends existing law to provide that a "retailer engaged in business in this state" means any retailer with substantial nexus in this state, within a specified meaning; to provide conditions when a retailer has substantial nexus with the state of Idaho, with exceptions; and to provide application of the definition of "Internal Revenue Code." 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - Held at Desk 02/05 Ref'd to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 67 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES AND USE TAXES; AMENDING SECTION 63-3611, IDAHO CODE, TO PRO- 3 VIDE THAT A "RETAILER ENGAGED IN BUSINESS IN THIS STATE" MEANS ANY 4 RETAILER WITH SUBSTANTIAL NEXUS IN THIS STATE WITHIN A SPECIFIED MEANING; 5 AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 6 TION 63-3615A, IDAHO CODE, TO PROVIDE CONDITIONS WHEN A RETAILER HAS SUB- 7 STANTIAL NEXUS WITH THE STATE OF IDAHO, WITH EXCEPTIONS AND TO PROVIDE 8 APPLICATION OF THE DEFINITION OF "INTERNAL REVENUE CODE"; AND DECLARING AN 9 EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-3611, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-3611. RETAILER ENGAGED IN BUSINESS IN THIS STATE. "Retailer engaged in 14 business in this state" as used in this chapter means any retailer who: 15 (1) Engages in recurring solicitation of purchases from residents of this 16 state or otherwise purposefully directs its business activities at residents 17 of this state; and 18 (2) Has sufficient contact with this state, in accordance with the con- 19 stitution of the United States, to allow the state to require the seller to 20 collect and remit use tax on sales of tangible personal property or services 21 made to customers in this state. 22 (3) The term includes any of the following: 23 (a) Any retailer maintaining, occupying or using, permanently or tempo- 24 rarily, directly or indirectly, or through a subsidiary or agent, by what- 25 ever name called, an office, place of distribution, sales or sample room 26 or place, warehouse or storage place, or other place of business or main- 27 taining a stock of goods. 28 (b) Any retailer having any representative, agent, salesman, canvasser or 29 solicitor operating in this state under the authority of the retailer or 30 its subsidiary for the purpose of selling, delivering, installing or the 31 taking of orders for any tangible personal property. 32 (c) Any retailer, with respect to a lease or rental, deriving rentals 33 from a lease or rental of tangible personal property situated in this 34 state. 35 (d) Any retailer engaging in any activity in connection with servicing or 36 installing tangible personal property in this state. 37 (e) Any retailerowned or controlled by the same interests which own or38control any retailer engaged in business in the same or a similar line of39business in this statewith substantial nexus in this state within the 40 meaning of section 63-3615A, Idaho Code. 41 (f) Any retailer having a franchisee or licensee operating under its 42 trade name if the franchisee or licensee is required to collect the tax 43 under the provisions of this section. 2 1 SECTION 2. That Chapter 36, Title 63, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 63-3615A, Idaho Code, and to read as follows: 4 63-3615A. SUBSTANTIAL NEXUS. (1) A retailer has substantial nexus with 5 this state if both of the following apply: 6 (a) The retailer and an in-state business maintaining one (1) or more 7 locations within this state are related parties; and 8 (b) The retailer and the in-state business use an identical or substan- 9 tially similar name, tradename, trademark or goodwill to develop, promote 10 or maintain sales, or the in-state business provides services to, or that 11 inure to the benefit of, the out-of-state business related to developing, 12 promoting or maintaining the in-state market. 13 (2) Two (2) entities are related parties under this section if they meet 14 any one (1) of the following tests: 15 (a) Both entities are component members of the same controlled group of 16 corporations under section 1563 of the Internal Revenue Code; 17 (b) One (1) entity is a related taxpayer to the other entity under the 18 provisions of section 267 of the Internal Revenue Code; 19 (c) One (1) entity is a corporation and the other entity and any party, 20 for which section 318 of the Internal Revenue Code requires an attribution 21 of ownership of stock from that party to the entity, own directly, indi- 22 rectly, beneficially, or constructively at least fifty percent (50%) of 23 the value of the outstanding stock of the corporation; or 24 (d) One (1) or both entities is a limited liability company, partnership, 25 estate or trust, none of which is treated as a corporation for federal 26 income tax purposes, and such limited liability company, partnership, 27 estate or trust and its members, partners or beneficiaries own in the 28 aggregate directly, indirectly, beneficially, or constructively at least 29 fifty percent (50%) of the profits, capital, stock or value of the other 30 entity or both entities. 31 (3) The provisions of this section shall not apply to a retailer that had 32 sales in this state in the previous year in an amount of less than one hundred 33 thousand dollars ($100,000). 34 (4) The definition of "Internal Revenue Code" in section 63-3004, Idaho 35 Code, shall apply to this section. 36 SECTION 3. An emergency existing therefor, which emergency is hereby 37 declared to exist, this act shall be in full force and effect on and after its 38 passage and approval.
STATEMENT OF PURPOSE RS 16451 This legislation amends Section 63-3611 of the Idaho Code to provide that a "retailer engaged in business in this state" be defined as any retailer with substantial nexus in this state, and creates a new Section 63-3615A of the Idaho Code, to define substantial nexus for any retailer having a franchisee or licensee operating under its trade name or owned by the same entity or corporation in the State of Idaho be required to collect taxes from its customers. FISCAL IMPACT The State Tax Commission's best estimate of the current revenue gain from passage of RS 16451 is $500,000. Contact Name: Senator Brad Little Phone: 332-1303 Senator Davis Senator Stegner Senator Hill Senator Stennett Senator Corder Representative Lake Representative Jaquet STATEMENT OF PURPOSE/FISCAL NOTE H 67