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H0469...............................................by REVENUE AND TAXATION
PERSONAL PROPERTY TAX - Adds to existing law to provide that the sales and
use tax does not apply to charges for personal property tax added to the
rent for leases of tangible personal property if certain circumstances
occur.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Rev/Tax
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Raybould, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Smith(30)
Floor Sponsor - Clark
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Loc Gov
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Jorgenson
Floor Sponsor - Hill
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/14 Governor signed
Session Law Chapter 92
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 469 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALES AND USE TAX EXEMPTIONS; AMENDING CHAPTER 36, TITLE 63, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 63-3622UU, IDAHO CODE, TO PROVIDE 4 THAT THE SALES AND USE TAX DOES NOT APPLY TO CHARGES FOR PERSONAL PROPERTY 5 TAX ADDED TO THE RENT FOR LEASES OF TANGIBLE PERSONAL PROPERTY IF CERTAIN 6 CIRCUMSTANCES OCCUR. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 36, Title 63, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 63-3622UU, Idaho Code, and to read as follows: 11 63-3622UU. PERSONAL PROPERTY TAX ON RENTALS. The taxes imposed by this 12 chapter do not apply to charges for personal property tax added to the rent 13 paid for leases of tangible personal property. This exemption applies if: 14 (1) The lessor separately states the charge for property tax to the les- 15 see; and 16 (2) The amount charged to the lessee is not more than the property tax 17 actually paid by the lessor; and 18 (3) The lease agreement is for an initial period of one (1) year or 19 longer.
STATEMENT OF PURPOSE
RS 17512
Current Idaho law appears to charge sales tax on personal
property tax if paid through a lease. This legislation provides
that charges for personal property tax added to the rents paid by
a lessee of tangible personal property are not subject to sales
tax as long as the lease period is at least one year and the
property tax is separately stated.
FISCAL NOTE
The fiscal impact on the general fund is difficult to
determine with accuracy, but it is estimated that sales tax
receipts will decrease by approximately $400,000.
Contact
Name: Senator Brent Hill
Phone: 332-1316
Senator Bart Davis
Phone: 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE H 469