IdahoH 06452026 regular legislative sessionHouseWALLET

PORTABLE BENEFIT PLAN ACT – Adds to existing law to establish the Portable Benefit Plan Act.

Sponsored By: BUSINESS COMMITTEE

Signed by Governor

PORTABLE BENEFIT PLAN ACT

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Contractors exclude benefit contributions from income

Beginning July 1, 2026, independent contractors do not count hiring-party contributions to their portable benefit account as taxable income. The exclusion is 100% of the contributed amount for that tax year. This lowers the contractor’s state income taxes.

Tax write-off for contractor benefits

Beginning July 1, 2026, hiring parties can deduct 100% of what they put into a contractor’s portable benefit account. The deduction lowers taxable business income dollar-for-dollar in that tax year. This only covers contributions made to these accounts.

Portable benefit accounts for contractors

Beginning July 1, 2026, independent contractors can own a portable benefit account. Anyone can add money, including app-based platforms. You choose a third-party provider, and plans are in your name, not the hiring party’s. You can buy disability, health, income replacement, life, retirement, and unemployment insurance. The Idaho Department of Insurance can approve banks, investment firms, and technology managers to offer these accounts.

Contributions don’t make contractors employees

Beginning July 1, 2026, a hiring party’s payments into a portable benefit account cannot be used as proof that a worker is an employee under labor, tax, or workers’ comp laws. The law also defines an independent contractor as someone paid for a result, where the principal controls only the result, not how the work is done. This sets clearer lines for classification and who can use these accounts.

Optional pay withholding to fund benefits

Beginning July 1, 2026, part of a contractor’s pay can be withheld to fund a portable benefit account only if the contractor opts in. The agreement must be written, clear, and shown in the contract or on a separate invoice. The contractor can opt out at any time. Withholding reduces take-home pay but helps build benefits.

Sponsors & Cosponsors

Sponsor

  • BUSINESS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Lori Den Hartog

    Republican • Senate

  • Jason A. Monks

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 89 • No: 10

Senate vote • 3/17/2026

Senate Floor Vote

Yes: 25 • No: 7

House vote • 2/26/2026

House Floor Vote

Yes: 64 • No: 3

Actions Timeline

  1. Reported Signed by Governor on March 23, 2026 Session Law Chapter 106 Effective: 07/01/2026

    3/24/2026
  2. Delivered to Governor at 2 p.m. on March 19, 2026

    3/19/2026
  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/19/2026Senate
  4. Signed by President; returned to House

    3/18/2026Senate
  5. Received from the House enrolled/signed by Speaker

    3/18/2026Senate
  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/18/2026House
  7. Returned from Senate Passed; to JRA for Enrolling

    3/17/2026House
  8. Read third time in full – PASSED - 25-7-3

    3/17/2026Senate
  9. Retained on calendar

    3/16/2026Senate
  10. Read second time; filed for Third Reading

    3/11/2026Senate
  11. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/10/2026Senate
  12. Introduced, read first time; referred to: Commerce & Human Resources

    2/27/2026Senate
  13. Received from the House passed; filed for first reading

    2/27/2026Senate
  14. Read Third Time in Full – PASSED - 64-3-3

    2/26/2026House
  15. Read second time; Filed for Third Reading

    2/25/2026House
  16. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    2/24/2026House
  17. Reported Printed and Referred to Business

    2/13/2026House
  18. Introduced, read first time, referred to JRA for Printing

    2/12/2026House

Bill Text

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