2007 Legislation
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HOUSE BILL NO. 276 – Sales tax reporting, semiannual

HOUSE BILL NO. 276

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Bill Status



H0276...............................................by REVENUE AND TAXATION
SALES TAX - REPORTING - Adds to and amends existing law to provide for
semiannual reporting of sales tax; and to provide for compensation to
retailers for calendar year 2008.
                                                                        
03/05    House intro - 1st rdg - to printing
03/06    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 276
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO  CODE,
  3        BY  THE  ADDITION  OF  A  NEW SECTION 63-3623C, IDAHO CODE, TO PROVIDE FOR
  4        SEMIANNUAL REPORTING OF THE TOTAL SALES AT RETAIL SUBJECT TO SALES AND USE
  5        TAX; TO PROVIDE FOR COMPENSATION TO  RETAILERS  FOR  CALENDAR  YEAR  2008;
  6        AMENDING  SECTION 63-3638, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF MONEYS
  7        FROM THE STATE SALES TAX ACCOUNT TO THE STATE TAX COMMISSION FOR  CALENDAR
  8        YEAR 2008; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Chapter  36,  Title 63, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 63-3623C, Idaho Code, and to read as follows:
                                                                        
 13        63-3623C.  REPORTING OF SALES TAX STATISTICS BY COUNTY. On and after Janu-
 14    ary  1,  2008,  the state tax commission shall provide semiannual reports, for
 15    the preceding six (6) months, when it has the  necessary  information  of  the
 16    total  sales  at retail subject to tax under the sales and use tax laws during
 17    the reporting period, the county within which the sales occurred, and the dol-
 18    lar amount of sales per county. The commission  shall  make  this  information
 19    available upon request.
                                                                        
 20        SECTION  2.  In  order to compensate retailers engaged in business in this
 21    state for changing their reporting of sales, a retailer during  calendar  year
 22    2008 engaged in business in this state whose computer hardware and software or
 23    accounting  system  must be reconfigured or reprogrammed may retain three hun-
 24    dred dollars ($300) of  sales tax receipts collected for its costs during cal-
 25    endar year 2008 only, to implement the provisions of Section  63-3623C,  Idaho
 26    Code.
                                                                        
 27        SECTION  3.  That  Section 63-3638, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        63-3638.  SALES TAX -- DISTRIBUTION. All moneys collected under this chap-
 30    ter, except as may otherwise be required  in  sections  63-3203  and  63-3709,
 31    Idaho Code, shall be distributed by the tax commission as follows:
 32        (1)  An  amount  of money shall be distributed to the state refund account
 33    sufficient to pay current refund claims. All  refunds  authorized  under  this
 34    chapter  by the commission shall be paid through the state refund account, and
 35    those moneys are continuously appropriated.
 36        (2)  Five million dollars ($5,000,000) per year is continuously  appropri-
 37    ated and shall be distributed to the permanent building fund, provided by sec-
 38    tion 57-1108, Idaho Code.
 39        (3)  Four  million eight hundred thousand dollars ($4,800,000) per year is
 40    continuously appropriated and shall be distributed to the water pollution con-
                                                                        
                                       2
                                                                        
  1    trol account established by section 39-3605, Idaho Code.
  2        (4)  An amount equal to the sum required to be certified by  the  chairman
  3    of  the Idaho housing and finance association to the state tax commission pur-
  4    suant to section  67-6211, Idaho Code, in each year is continuously  appropri-
  5    ated  and  shall be paid to any capital reserve fund, established by the Idaho
  6    housing and finance association pursuant to section 67-6211, Idaho Code.  Such
  7    amounts,  if any, as may be appropriated hereunder to the capital reserve fund
  8    of the Idaho housing and finance association shall be repaid for  distribution
  9    under  the  provisions  of  this section, subject to the provisions of section
 10    67-6215, Idaho Code, by the Idaho housing and finance association, as soon  as
 11    possible,  from  any  moneys  available  therefor and in excess of the amounts
 12    which the association determines will keep it self-supporting.
 13        (5)  An amount equal to the sum required by  the  provisions  of  sections
 14    63-709  and 63-717, Idaho Code, after allowance for the amount appropriated by
 15    section  63-718(3), Idaho Code, is continuously appropriated and shall be paid
 16    as provided by sections 63-709 and 63-717, Idaho Code.
 17        (6)  An amount required by the provisions of chapter 53, title  33,  Idaho
 18    Code.
 19        (7)  An  amount  required by the provisions of chapter 87, title 67, Idaho
 20    Code.
 21        (8)  One dollar ($1.00) on each application for certificate  of  title  or
 22    initial  application  for  registration  of  a motor vehicle, snowmobile, all-
 23    terrain vehicle or other vehicle processed by the county assessor or the Idaho
 24    transportation department excepting those applications in which any  sales  or
 25    use taxes due have been previously collected by a retailer, shall be a fee for
 26    the services of the assessor of the county or the Idaho transportation depart-
 27    ment in collecting such taxes, and shall be paid into the current expense fund
 28    of  the  county  or state highway account established in section 40-702, Idaho
 29    Code.
 30        (9)  Eleven and five-tenths percent (11.5%) is  continuously  appropriated
 31    and  shall  be  distributed to the revenue sharing account which is created in
 32    the state treasury, and the moneys in the revenue sharing account will be paid
 33    in installments each calendar quarter by the tax commission as follows:
 34        (a)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 35        ious cities as follows:
 36             (i)   Fifty percent (50%) of such amount shall be paid to the various
 37             cities, and each city shall be entitled to an amount in  the  propor-
 38             tion  that the population of that city bears to the population of all
 39             cities within the state; and
 40             (ii)  Fifty percent (50%) of such amount shall be paid to the various
 41             cities, and each city shall be entitled to an amount in  the  propor-
 42             tion  that  the preceding year's market value for assessment purposes
 43             for that city bears to the preceding year's market value for  assess-
 44             ment purposes for all cities within the state.
 45        (b)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 46        ious counties as follows:
 47             (i)   One  million three hundred twenty thousand dollars ($1,320,000)
 48             annually shall be distributed one forty-fourth (1/44) to each of  the
 49             various counties; and
 50             (ii)  The  balance  of such amount shall be paid to the various coun-
 51             ties, and each county shall be entitled to an amount in  the  propor-
 52             tion  that  the  population of that county bears to the population of
 53             the state;
 54        (c)  Thirty-five and nine-tenths percent (35.9%) of the  amount  appropri-
 55        ated in this subsection (9) shall be paid to the several counties for dis-
                                                                        
                                       3
                                                                        
  1        tribution to the cities and counties as follows:
  2             (i)   Each  city and county which received a payment under the provi-
  3             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
  4             calendar year 1999, shall  be entitled to a like amount  during  suc-
  5             ceeding calendar quarters.
  6             (ii)  If  the  dollar amount of money available under this subsection
  7             (9)(c) in any quarter does not equal the amount paid  in  the  fourth
  8             quarter of calendar year 1999, each city's and county's payment shall
  9             be reduced proportionately.
 10             (iii) If  the  dollar amount of money available under this subsection
 11             (9)(c) in any quarter exceeds the amount paid in the  fourth  quarter
 12             of  calendar  year  1999, each city and county shall be entitled to a
 13             proportionately increased payment, but such increase shall not exceed
 14             one hundred five percent (105%) of the  total  payment  made  in  the
 15             fourth quarter of calendar year 1999.
 16             (iv)  If  the  dollar amount of money available under this subsection
 17             (9)(c) in any quarter exceeds one hundred five percent (105%) of  the
 18             total  payment  made in the fourth quarter of calendar year 1999, any
 19             amount over and above such one hundred five percent (105%)  shall  be
 20             paid fifty percent (50%) to the various cities in the proportion that
 21             the  population  of  the  city  bears to the population of all cities
 22             within the state, and fifty percent (50%) to the various counties  in
 23             the  proportion  that the population of a county bears to the popula-
 24             tion of the state; and
 25        (d)  Seven and seven-tenths percent (7.7%) of the amount  appropriated  in
 26        this subsection (9) shall be paid to the several counties for distribution
 27        to special purpose taxing districts as follows:
 28             (i)   Each  such  district  which received a payment under the provi-
 29             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 30             calendar year 1999, shall be entitled to a like  amount  during  suc-
 31             ceeding calendar quarters.
 32             (ii)  If  the  dollar amount of money available under this subsection
 33             (9)(d) in any quarter does not equal the amount paid  in  the  fourth
 34             quarter of calendar year 1999, each special purpose taxing district's
 35             payment shall be reduced proportionately.
 36             (iii) If  the  dollar amount of money available under this subsection
 37             (9)(d) in any quarter exceeds the amount distributed under  paragraph
 38             (i)  of  this subsection (9)(d), each special purpose taxing district
 39             shall be entitled to a share of the excess based  on  the  proportion
 40             each  such district's current property tax budget bears to the sum of
 41             the current property tax budgets of all such districts in the  state.
 42             The  state  tax  commission shall calculate district current property
 43             tax budgets to include any unrecovered foregone amounts as determined
 44             under section 63-802(1)(e), Idaho Code. When a special purpose taxing
 45             district is situated in more than one (1) county, the tax  commission
 46             shall  determine the portion attributable to the special purpose tax-
 47             ing district from each county in which it is situated.
 48             (iv)  If special  purpose  taxing  districts  are  consolidated,  the
 49             resulting  district  is entitled to a base amount equal to the sum of
 50             the base amounts which were received in the last calendar quarter  by
 51             each district prior to the consolidation.
 52             (v)   If   a   special   purpose  taxing  district  is  dissolved  or
 53             disincorporated, the state tax commission shall continuously distrib-
 54             ute to the board of county commissioners an amount equal to the  last
 55             quarter's  distribution prior to dissolution or disincorporation. The
                                                                        
                                       4
                                                                        
  1             board of county commissioners shall determine any  redistribution  of
  2             moneys so received.
  3             (vi)  Taxing districts formed after January 1, 2001, are not entitled
  4             to a payment under the provisions of this subsection (9)(d).
  5             (vii) For  purposes of this subsection (9)(d), a special purpose tax-
  6             ing district  is any taxing district which is not a city, a county or
  7             a school district.
  8        (10) Amounts calculated in accordance with section 2, chapter 356, laws of
  9    2001, for annual distribution to counties and other taxing districts beginning
 10    in October 2001 for replacement of property tax on farm machinery  and  equip-
 11    ment  exempted  pursuant  to  section 63-602EE, Idaho Code. For nonschool dis-
 12    tricts, the state tax commission shall distribute  one-fourth  (1/4)  of  this
 13    amount certified quarterly to each county. For school districts, the state tax
 14    commission shall distribute one-fourth (1/4) of the amount certified quarterly
 15    to  each  school  district.  For nonschool districts, the county auditor shall
 16    distribute to each district within thirty (30) calendar days from  receipt  of
 17    moneys  from  the  tax commission. Moneys received by each taxing district for
 18    replacement shall be utilized in the same manner and in the  same  proportions
 19    as  revenues  from  property taxation. The moneys remitted to the county trea-
 20    surer for replacement of property exempt from  taxation  pursuant  to  section
 21    63-602EE,  Idaho Code, may be considered by the counties and other taxing dis-
 22    tricts and budgeted at the same time, in the same manner and in the same  year
 23    as  revenues from taxation on personal property which these moneys replace. If
 24    taxing districts are consolidated, the resulting district is  entitled  to  an
 25    amount  equal to the sum of the amounts which were received in the last calen-
 26    dar quarter by each district pursuant to this subsection prior to the consoli-
 27    dation. If a taxing district is dissolved or disincorporated,  the  state  tax
 28    commission  shall continuously distribute to the board of county commissioners
 29    an amount equal to the last quarter's distribution  prior  to  dissolution  or
 30    disincorporation. The board of county commissioners shall determine any redis-
 31    tribution  of moneys so received.  If a taxing district annexes territory, the
 32    distribution of moneys received pursuant to this  subsection  shall  be  unaf-
 33    fected.  Taxing  districts formed after January 1, 2001, are not entitled to a
 34    payment under the  provisions  of  this  subsection.  School  districts  shall
 35    receive  an  amount  determined by multiplying the sum of the year 2000 school
 36    district levy minus .004 times the market value on December 31, 2000,  in  the
 37    district  of  the  property exempt from taxation pursuant to section 63-602EE,
 38    Idaho Code, provided that the result of these calculations shall not  be  less
 39    than  zero (0). The result of these school district calculations shall be fur-
 40    ther increased by six percent (6%). For purposes of the limitation provided by
 41    section 63-802, Idaho Code, moneys received pursuant to this section as  prop-
 42    erty  tax  replacement  for  property exempt from taxation pursuant to section
 43    63-602EE, Idaho Code, shall be treated as property tax revenues.
 44        (11) For calendar year 2008, $557,000 is appropriated and  shall  be  dis-
 45    tributed  to the state tax commission for the purpose of implementing the pro-
 46    visions of section 63-3623C, Idaho Code.
 47        (12) Any moneys remaining over and  above  those  necessary  to  meet  and
 48    reserve for payments under other subsections of this section shall be distrib-
 49    uted to the general fund.
                                                                        
 50        SECTION  4.  This act shall be in full force and effect on and after Janu-
 51    ary 1, 2008.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          RS17138
                              
  The purpose of this legislation is to direct the Idaho State
  Tax Commission to issue retail sales tax revenue data semi-
  annually for all businesses identifying each county where
  the sales tax was collected. The legislation requires
  businesses to report retail sales tax data by the individual
  county from where the business collected the sales tax.
  Provisions authorize a retail business to retain $300 on a
  one-time basis to upgrade and make modifications to their
  sales tax reporting systems to comply with the proposed
  state policy. It further authorizes the State Tax commission
  to retain funds to make one-time expenditures for software,
  hardware and systems upgrades, and future expenditures
  associated with vendor notification.
  
  
                        FISCAL NOTE
  
  Tax Commission Estimates $395,000 one-time expenditure for
  changing sales tax systems and software for semi-annual
  reporting, and $152,000 for on-going expenses related to
  notifying retail vendors and collecting and reporting the
  data. Retailers are allowed to retain $300 each one-time to
  cover.  
  
  
  Contact
  Name:     John Watts
  Phone:    385-7070
            Rep. Wendy Jaquet
            Rep. Leon Smith
  Phone:    (208) 332-1000
  
  STATEMENT OF PURPOSE/FISCAL NOTE                  H 276