View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0080...............................................by REVENUE AND TAXATION INCOME TAX CREDIT - GROCERY - Repeals and adds to existing law to provide income tax credits or refunds to certain resident individuals with a taxable income of twenty-six thousand dollars or less or to certain resident individuals over sixty-five years old; and to provide procedures, a method of payment and a statute of limitations. 01/31 House intro - 1st rdg - to printing 02/01 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 80 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXES; REPEALING SECTION 63-3024A, IDAHO CODE, RELATING TO 3 THE GROCERY TAX CREDIT; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 4 ADDITION OF A NEW SECTION 63-3024A, IDAHO CODE, TO PROVIDE FOR INCOME TAX 5 CREDITS OR REFUNDS TO CERTAIN RESIDENT INDIVIDUALS WITH A TAXABLE INCOME 6 OF TWENTY-SIX THOUSAND DOLLARS OR LESS OR TO CERTAIN RESIDENT INDIVIDUALS 7 OVER SIXTY-FIVE YEARS OLD, TO PROVIDE PROCEDURES, A METHOD OF PAYMENT AND 8 A STATUTE OF LIMITATIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE 9 APPLICATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-3024A, Idaho Code, be, and the same is hereby 12 repealed. 13 SECTION 2. That Chapter 30, Title 63, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 63-3024A, Idaho Code, and to read as follows: 16 63-3024A. CREDITS AND REFUNDS. (1) Any resident individual who is 17 required to file and who has filed an Idaho income tax return shall be allowed 18 a credit against taxes due under the Idaho income tax act for each personal 19 exemption for which a deduction is permitted by section 151(b) and (c) of the 20 Internal Revenue Code, and which is claimed on the taxpayer's Idaho income tax 21 return. The amount of the credit shall be as follows: 22 When Idaho taxable income is: The amount of credit for each 23 personal exemption is: 24 $ 1,000 or less $90.00 25 $ 1,001 to $ 2,000 $80.00 26 $ 2,001 to $ 3,000 $70.00 27 $ 3,001 to $ 5,000 $60.00 28 $ 5,001 to $ 8,000 $50.00 29 $ 8,001 to $11,000 $40.00 30 $11,001 to $15,000 $30.00 31 $15,001 to $20,000 $20.00 32 $20,001 to $26,000 $10.00 33 Over $26,000 $ 0.00 34 If taxes due are less than the total credit allowed, the taxpayer shall be 35 paid a refund equal to the balance of the unused credit. 36 (2) A resident individual who is not required to file an Idaho income tax 37 return and for whom no credit or refund is allowed under any other subsection 38 of this section shall, subject to the limitations of subsections (3), (4), (5) 39 and (6) of this section, be entitled to a refund in the amount provided in 40 subsection (1) of this section. 41 (3) A resident individual who has reached his sixty-fifth birthday 42 before the end of his taxable year, in addition to any amount of credit or 2 1 refund due under subsection (1) or (2) of this section, shall be entitled to 2 fifteen dollars ($15.00) which shall be claimed as a credit against any taxes 3 due under the Idaho income tax act. If taxes due are less than the total 4 credit allowed or if the individual is not required to file an income tax 5 return, the individual shall be paid a refund equal to the balance of the 6 unused credit. 7 (4) Except as provided in subsection (7) of this section, a credit or 8 refund under this section is only available if the individual for whom a per- 9 sonal exemption is claimed is a resident of the state of Idaho. 10 (5) In no event shall more than one (1) taxpayer be allowed a credit or 11 refund for the same personal exemption, or under more than one (1) subsection 12 of this section. 13 (6) In the event that a credit or refund is attributable to any individ- 14 ual for whom assistance under the federal food stamp program was received for 15 any month or part of a month during the taxable year for which the credit or 16 refund is claimed, the credit or refund allowed under this section shall be in 17 proportion to the number of months of the year in which no assistance was 18 received. 19 (7) Any part-year resident entitled to a credit under this section shall 20 receive a proportionate credit reflecting the part of the year in which he was 21 domiciled in this state. 22 (8) Any refund shall be paid to such individual only upon his making 23 application, therefor, at such time and in such manner as may be prescribed by 24 the state tax commission. The state tax commission shall prescribe the method 25 by which the refund is to be made to the taxpayer. The refunds authorized by 26 this section shall be paid from the state refund fund in the same manner as 27 the refunds authorized by section 63-3067, Idaho Code. 28 (9) An application for any refund which is due and payable under the pro- 29 visions of this section must be filed with the state tax commission within 30 three (3) years of: 31 (a) The due date, including extensions, of the return required under sec- 32 tion 63-3030, Idaho Code, if the applicant is required to file a return; 33 or 34 (b) The fifteenth day of April of the year following the year to which 35 the application relates if the applicant is not required to file a return. 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, and retroactively to January 1, 2007.
STATEMENT OF PURPOSE RS 16694 This legislation makes major changes to the Idaho Grocery Tax Credit. It increases the value of the regular credit from $20 to $90 on a means-tested basis. It removes the age restrictions from the Form 24, making all Idaho residents eligible for the credit (the Form 24 is the method that Idaho residents can use to file for the Grocery Credit if their income is below the income tax filing requirement, but it is currently restricted to Idahoans who are either 62 years of age or older, or blind, or a disabled American vet). It provides that Idaho residents participating in the Food Stamp program are ineligible for the grocery credit during months that they receive food stamps, meaning their credit amount is pro-rated to reflect only the period they DO NOT receive food stamps. The full credit is available to Idaho residents whose taxable income is $1,000 or less (equivalent to a gross income of $25,300 for a family of 4, or 120% of the poverty level), and the credit is phased-down to zero at taxable income levels in excess of $26,000 (equivalent to a gross income of $50,300 for a family of 4, or 240% of the poverty level). The extra $15 credit for the Idaho residents aged 65 or over is not changed, meaning it is not subject to the means-test. FISCAL NOTE The fiscal impact of this legislation is an estimated reduction of $22 million to the General Fund starting in FY 2008. This is the full-year on going impact and is expected to increase over time as the population of eligible recipients grows. Contact Name: Michael Ferguson, Division of Financial Management Phone: 854-3071 STATEMENT OF PURPOSE/FISCAL NOTE H 80