2007 Legislation
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HOUSE BILL NO. 74 – Sales tax exmptn, aircraft, certain

HOUSE BILL NO. 74

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Bill Status



H0074aaS............................................by REVENUE AND TAXATION
SALES AND USE TAX - AIRCRAFT - Amends existing law to provide a sales and
use tax exemption for the sale, lease, purchase or use of aircraft by a
501(c)(3) entity located in Idaho if the aircraft is to be primarily
utilized in a foreign country for charitable, nonprofit use.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Rev/Tax
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 66-4-0
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Bock, Hagedorn, Labrador, Rusche
      Absent and excused -- None
    Floor Sponsor - Hart
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Loc Gov
03/14    Rpt out - to 14th Ord
03/15    Rpt out amen - to 1st rdg as amen
03/16    1st rdg - to 2nd rdg as amen
03/19    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 25-5-5
      AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Coiner,
      Corder, Darrington, Davis, Geddes, Goedde, Heinrich, Hill, Jorgenson,
      Kelly, Keough, Langhorst, Little, Lodge, McGee, McKenzie, Richardson,
      Schroeder, Stegner, Werk
      NAYS -- Bair, Hammond, McKague, Pearce, Siddoway
      Absent and excused -- Cameron, Fulcher, Gannon, Malepeai, Stennett
    Floor Sponsor - Little
    Title apvd - to House
03/21    House did not concur in Senate amens
    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 74
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAX; AMENDING SECTION 63-3622GG, IDAHO CODE,  TO
  3        PROVIDE A SALES AND USE TAX EXEMPTION FOR THE SALE, LEASE, PURCHASE OR USE
  4        OF  AIRCRAFT  BY A 501(c)(3) ENTITY LOCATED IN IDAHO IF THE AIRCRAFT IS TO
  5        BE PRIMARILY UTILIZED IN A FOREIGN COUNTRY  FOR  A  CHARITABLE,  NONPROFIT
  6        USE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 63-3622GG, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        63-3622GG.  AIRCRAFT.  There  is  exempted  from the taxes imposed by this
 11    chapter:
 12        (1)  The sale, lease, purchase, or  use  of  aircraft  primarily  used  to
 13    transport  passengers  or freight for hire. This exemption includes repair and
 14    replacement materials and parts installed in or  affixed  or  applied  to,  or
 15    sold,  leased  or  purchased to be installed in or affixed or applied to, air-
 16    craft in connection with the remodeling, repair or maintenance  of  such  air-
 17    craft,  but  does  not include tools and equipment utilized in performing such
 18    remodeling, repair or maintenance;
 19        (2)  The sale, lease or purchase of aircraft for use outside this state by
 20    nonresidents, even though delivery be made within this state, but only when:
 21        (a)  The aircraft will be taken from the point of delivery to a point out-
 22        side this state;
 23        (b)  The aircraft will not be used in this state  more  than  ninety  (90)
 24        days in any twelve (12) month period.
 25        (3)  The sale, lease, purchase or use of aircraft by an entity, located in
 26    Idaho,  that  is  exempt from taxation under section 501(c)(3) of the Internal
 27    Revenue Code, if the aircraft is to be primarily utilized in a foreign country
 28    for a charitable, nonprofit use. This exemption includes repair  and  replace-
 29    ment  materials  and  parts  installed  in  or affixed or applied to, or sold,
 30    leased or purchased to be installed in or affixed or applied to,  aircraft  in
 31    connection  with  the  remodeling, repair or maintenance of such aircraft, but
 32    does not include tools and equipment utilized in performing  such  remodeling,
 33    repair or maintenance.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Little              
                                                                        
                                                     Seconded by Hill                
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 74
                                                                        
  1                                AMENDMENT TO THE BILL
  2        On page 1 of the printed bill, delete lines 8 through 33, and insert:
  3        "SECTION 1.  That Section 63-3611, Idaho Code, be, and the same is  hereby
  4    amended to read as follows:
                                                                        
  5        63-3611.  RETAILER ENGAGED IN BUSINESS IN THIS STATE. "Retailer engaged in
  6    business in this state" as used in this chapter means any retailer who:
  7        (1)  Engages in recurring solicitation of purchases from residents of this
  8    state  or  otherwise purposefully directs its business activities at residents
  9    of this state; and
 10        (2)  Has sufficient contact with this state, in accordance with  the  con-
 11    stitution  of  the  United States, to allow the state to require the seller to
 12    collect and remit use tax on sales of tangible personal property  or  services
 13    made to customers in this state.
 14        (3)  The term includes any of the following:
 15        (a)  Any  retailer  maintaining, occupying or using, permanently or tempo-
 16        rarily, directly or indirectly, or through a subsidiary or agent, by what-
 17        ever name called, an office, place of distribution, sales or  sample  room
 18        or  place, warehouse or storage place, or other place of business or main-
 19        taining a stock of goods.
 20        (b)  Any retailer having any representative, agent, salesman, canvasser or
 21        solicitor operating in this state under the authority of the  retailer  or
 22        its  subsidiary  for the purpose of selling, delivering, installing or the
 23        taking of orders for any tangible personal property.
 24        (c)  Any retailer, with respect to a lease  or  rental,  deriving  rentals
 25        from  a  lease  or  rental  of tangible personal property situated in this
 26        state.
 27        (d)  Any retailer engaging in any activity in connection with servicing or
 28        installing tangible personal property in this state.
 29        (e)  Any retailer owned or controlled by the same interests which  own  or
 30        control  any retailer engaged in business in the same or a similar line of
 31        business in this state with substantial nexus in  this  state  within  the
 32        meaning of section 63-3615A, Idaho Code.
 33        (f)  Any  retailer  having  a  franchisee  or licensee operating under its
 34        trade name if the franchisee or licensee is required to  collect  the  tax
 35        under  the  provisions of this section and the retailer and any franchisee
 36        or licensee are related parties as defined in subsection  (2)  of  section
 37        63-3615A,  Idaho  Code,  except  as  provided in section 63-3610(d), Idaho
 38        Code.
                                                                        
 39        SECTION 2.  That Chapter 36, Title 63, Idaho Code, be,  and  the  same  is
 40    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 41    ignated as Section 63-3615A, Idaho Code, and to read as follows:
                                                                        
                                       2
                                                                        
  1        63-3615A.  SUBSTANTIAL NEXUS. (1) A retailer has  substantial  nexus  with
  2    this state if both of the following apply:
  3        (a)  The  retailer  and  an  in-state business maintaining one (1) or more
  4        locations within this state are related parties; and
  5        (b)  The retailer and the in-state business use an identical  or  substan-
  6        tially similar name, trade name, trademark or goodwill to develop, promote
  7        or  maintain sales, or the in-state business provides services to, or that
  8        inure to the benefit of, the out-of-state business related to  developing,
  9        promoting or maintaining the in-state market.
 10        (2)  Two  (2) entities are related parties under this section if they meet
 11    any one (1) of the following tests:
 12        (a)  Both entities are component members of the same controlled  group  of
 13        corporations under section 1563 of the Internal Revenue Code;
 14        (b)  One  (1)  entity  is a related taxpayer to the other entity under the
 15        provisions of section 267 of the Internal Revenue Code;
 16        (c)  One (1) entity is a corporation and the other entity and  any  party,
 17        for which section 318 of the Internal Revenue Code requires an attribution
 18        of  ownership  of stock from that party to the entity, own directly, indi-
 19        rectly, beneficially, or constructively at least fifty  percent  (50%)  of
 20        the value of the outstanding stock of the corporation; or
 21        (d)  One (1) or both entities is a limited liability company, partnership,
 22        estate  or  trust,  none  of which is treated as a corporation for federal
 23        income tax purposes, and  such  limited  liability  company,  partnership,
 24        estate  or  trust  and  its  members, partners or beneficiaries own in the
 25        aggregate directly, indirectly, beneficially, or constructively  at  least
 26        fifty  percent  (50%) of the profits, capital, stock or value of the other
 27        entity or both entities.
 28        (3)  The provisions of this section shall not apply to a retailer that had
 29    sales in this state in the previous year in an amount of less than one hundred
 30    thousand dollars ($100,000).
 31        (4)  The definition of "Internal Revenue Code" in section  63-3004,  Idaho
 32    Code, shall apply to this section.
                                                                        
 33        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval.".
                                                                        
 36                                 CORRECTION TO TITLE
                                                                        
 37        On page 1, delete lines 2 through 6, and insert:
 38    "RELATING TO SALES AND USE TAXES; AMENDING SECTION  63-3611,  IDAHO  CODE,  TO
 39        PROVIDE  THAT  A  "RETAILER  ENGAGED  IN BUSINESS IN THIS STATE" MEANS ANY
 40        RETAILER WITH SUBSTANTIAL NEXUS IN THIS STATE WITHIN A  SPECIFIED  MEANING
 41        AND TO PROVIDE APPLICATION TO A RETAILER AND ANY FRANCHISEE OR LICENSEE AS
 42        RELATED  PARTIES,  WITH AN EXCEPTION; AMENDING CHAPTER 36, TITLE 63, IDAHO
 43        CODE, BY THE ADDITION OF A NEW SECTION 63-3615A, IDAHO  CODE,  TO  PROVIDE
 44        CONDITIONS  WHEN A RETAILER HAS SUBSTANTIAL NEXUS WITH THE STATE OF IDAHO,
 45        WITH EXCEPTIONS AND TO PROVIDE APPLICATION OF THE DEFINITION OF  "INTERNAL
 46        REVENUE CODE"; AND DECLARING AN EMERGENCY.".

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16624

     The purpose of this bill is to encourage ( C ) (3) entities
to locate and remain in Idaho by exempting from the sales and use
tax aircraft purchased in Idaho, if the entity will primarily
utilize the aircraft in a foreign country for a charitable,
nonprofit use.


                           FISCAL NOTE

  Estimated reduction of $60,000 to the general fund per annum.



Contact                                      
Name:  Senator Curt McKenzie 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                          H 74