TITLE 63

REVENUE AND TAXATION

CHAPTER 35

COOPERATIVE ELECTRICAL ASSOCIATIONS — TAXING GROSS EARNINGS

63-3503C.  CALCULATION, COLLECTION, ALLOTMENT, AND APPORTIONMENT OF TAX FROM RATE-REGULATED ELECTRIC UTILITY COMPANIES, rate-regulated affiliated gas companies, and rate-regulated gas companies BY STATE TAX COMMISSION — rate-regulated tax fund. 

(1)(a)  On or before April 15 of each year beginning in 2026, every rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company in this state shall file with the state tax commission a statement of the amount of its kilowatt-hours and therms sold as described in section 63-3502B(3) and (4), Idaho Code, for the preceding year, and for rate-regulated electric utilities, the amount of kilowatt-hours sold during the preceding year for furnishing power for pumping water for irrigation or drainage purposes, as provided by section 63-3502C, Idaho Code.

(b)  On or before September 15 of each year beginning in 2026, every rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company in this state shall file with the state tax commission a statement of the amount of its kilowatt-hours and therms sold as described in section 63-3502B(3) and (4), Idaho Code, for the six (6) months of January through June of the current year, and for rate-regulated electric utilities, the amount of kilowatt-hours sold during such six (6) month period for furnishing power for pumping water for irrigation or drainage purposes, as provided by section 63-3502C, Idaho Code. Upon examining and verifying such statement, the state tax commission shall compute the amount of the tax due for the period January through June of the current year using the rates found in section 63-3502B(3) and (4), Idaho Code, and reduced as provided in section 63-3502C, Idaho Code, for rate-regulated electric utilities eligible for such exemption. Such tax shall be billed by the state tax commission to each rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company no later than the first Monday of November and shall be due and payable to the state tax commission no later than December 20. Upon receipt of such tax payments, the state tax commission shall promptly pay to each county treasurer the proportionate share of such taxes due to the county as provided in this section, and the county treasurer shall pay such amounts to eligible taxing districts, units, and urban renewal agencies as also provided in this section.

(c)  On or before April 15 of each year beginning in 2027, every rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company in this state shall file with the state tax commission a statement of the amount of its kilowatt-hours and therms sold as described in section 63-3502B(3) and (4), Idaho Code, for the six (6) months of July through December of the preceding calendar year, and for rate-regulated electric utilities, the amount of kilowatt-hours sold for the six (6) months of July through December of the preceding year for furnishing power for pumping water for irrigation or drainage purposes, as provided by section 63-3502C, Idaho Code. The rate-regulated electric utilities, rate-regulated affiliated gas companies, and rate-regulated gas companies shall also provide such information as shall be necessary for the state tax commission to comply with the requirements of section 63-405(4), Idaho Code, for any year in the applicable five (5) year period in which the filing of such information is required by that section. Upon examining and verifying such statement, the state tax commission shall compute the amount of the tax due for the period July through December of the preceding year, commencing with 2026, using the rates provided in section 63-3502B(3) and (4), Idaho Code, and reduced as provided in section 63-3502C, Idaho Code, for rate-regulated electric utilities eligible for such exemption. Such tax shall be billed by the state tax commission to each rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company no later than the first Monday of June and shall be due and payable to the state tax commission no later than June 20. Upon receipt of such tax payments, the state tax commission shall promptly pay to each county treasurer the proportionate share of such taxes due to the county as provided in this section, and the county treasurer shall pay such amounts to eligible taxing districts, units, and urban renewal agencies as also provided in this section.

(2)  By no later than the first Monday of July of each year, the state tax commission shall estimate the taxes that will be payable for the current calendar year by taxpayers subject to this section, using the information from the preceding year provided by the taxpayers in the April 15 statements required pursuant to subsection (1)(a) of this section, or by other information available to the state tax commission. The state tax commission shall then notify each county treasurer and county auditor of the amount of estimated taxes due to the county and each taxing district, unit, and urban renewal agency located within the county based on the proportions calculated pursuant to section 63-405(3) and (4), Idaho Code.

(3)  By no later than the first Monday of August each year, each county auditor shall notify each taxing district, unit, and urban renewal agency of the estimated amount they will receive based on the calculations provided in subsection (2) of this section. Such estimated amount shall be treated as property tax revenue for the purposes of the certification required by section 63-803, Idaho Code, and the limitations provided by section 63-802, Idaho Code. Amounts received by each county will be distributed by the county auditor to each eligible taxing district, unit, and urban renewal agency in the same manner as property tax.

(4)  A new taxing district or revenue allocation area formed after January 1, 2025, shall not be eligible for a tax distribution pursuant to this section.

(5)  If any taxing districts consolidate, the resulting district is entitled to a tax distribution pursuant to this section equal to the sum of the tax distributions that would have been made to each district prior to consolidation.

(6)  Any taxes levied pursuant to this section and not paid by the due dates provided in subsection (1) of this section shall become delinquent and a penalty of five percent (5%) thereof shall be imposed, together with interest at the rate of one percent (1%) per month from those dates until paid.

(7)  All taxes due and payable under this section shall be a lien on all property, real and personal, of the rate-regulated electric utility company, rate-regulated affiliated gas company, or rate-regulated gas company as of the due dates provided in subsection (1) of this section and shall be discharged only by the payment thereof. In any action to enforce payment of any delinquent taxes due under this section, the county pursuing such action shall be entitled to a judgment for the reasonable costs of prosecuting such action, as well as for the delinquent taxes, penalty, and interest.

(8)  If a rate-regulated electric utility, rate-regulated affiliated gas company, or rate-regulated gas company fails to file the statement of kilowatt-hours or therms sold in Idaho required pursuant to subsection (1) of this section, the state tax commission shall use the best available information to determine the kilowatt-hours or therms sold in Idaho.

(9)  There is hereby created in the state treasury the rate-regulated tax fund. The fund shall consist of all moneys received by the state tax commission pursuant to this section, which shall be deposited into the fund, and such other moneys that may be provided by legislative appropriation. Moneys in the fund are hereby continuously appropriated for disbursement to the appropriate county treasurer as provided in this section.

History:

[63-3503C, added 2025, ch. 188, sec. 8, p. 879; am. 2026, ch. 187, sec. 3, p. 841.]