Title 63, REVENUE AND TAXATION

63-3002. Declaration of intent. It is the intent of the legislature by the adoption of this act, insofar as possible to make the provisions of the Idaho act identical to the provisions of the Federal Internal Revenue Code relating to the measurement of taxable income, to the end …

63-3003. Definitions. When used in this act, the terms defined in this chapter shall have the meanings respectively ascribed to them.

63-3004. Internal revenue code. The term "Internal Revenue Code" means the Internal Revenue Code as amended and in effect on the first day of January 2026, except that: (1) Internal Revenue Code section 85 is applied as in effect on January 1, 2020; and (2) Specified research or …

63-3005. Person. The term "person" means an individual, a trust or estate, a partnership, an association, a limited liability company or a corporation.

63-3006. Corporation. The term "corporation" includes any corporation formed under the laws of any government, any common law trust and any association of whatever kind other than a partnership. "Corporation" also includes any entity classified or taxed as a corporation pursuant …

63-3006A. Limited liability company — Classification and taxation. Notwithstanding the provisions of section 63-3006, Idaho Code, for the purposes of chapter 30, title 63, Idaho Code, a limited liability company as defined in subsection (5) or (6) of section 53-601, Idaho Code, o…

63-3006B. Partnership. "Partnership" shall be as defined in section 7701 of the Internal Revenue Code and shall include any entity classified as a partnership pursuant to regulations of the U.S. department of the treasury issued under section 7701 of the Internal Revenue Code, bu…

63-3006C. Pass-through entity. The term "pass-through entity" as used in this chapter includes a partnership, as defined in section 63-3006B, Idaho Code, a limited liability company taxed as a partnership under section 63-3006A, Idaho Code, an S corporation required to file a ret…

63-3007. Fiduciary. The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in a position of trust or fiduciary capacity for any other person or group of persons.

63-3008. Individual. The term "individual" means a natural person.

63-3009. Taxpayer. The term "taxpayer" means any person subject to a tax imposed by this act or required by the provisions of this act to file an income tax return, report income or pay a tax.

63-3010. Taxable year. The term "taxable year" with respect to any taxpayer means: (1) The taxable year of such taxpayer required pursuant to the Internal Revenue Code; or (2) Such other period as may be required by law; or (3) The calendar year.

63-3011. Gross income. The term "gross income" means gross income as defined in section 61(a) of the Internal Revenue Code.

63-3011A. Adjusted gross income. The term "adjusted gross income" means adjusted gross income as defined in section 62 of the Internal Revenue Code.

63-3011B. Taxable income. The term "taxable income" means federal taxable income as determined under the Internal Revenue Code.

63-3011C. Idaho taxable income. The term "Idaho taxable income" means taxable income as modified pursuant to the Idaho adjustments specifically provided in this chapter.

63-3012. Includes and including. The terms "includes" and "including" when used in a definition contained in this act shall not be deemed to exclude other things otherwise within the meaning of the term defined.

63-3013. Resident. (1) The term "resident," for income tax purposes, means any individual who: (a) Is domiciled in the state of Idaho for the entire taxable year; or (b) Maintains a place of abode in this state for the entire taxable year and spends in the aggregate more than two…

63-3013A. Part-year resident. The term "part-year resident," for income tax purposes, means any individual who is not a resident and who: (a) Has changed his domicile from Idaho or to Idaho during the taxable year; or (b) Has resided in Idaho for more than one (1) day during the …

63-3014. Nonresident. The term "nonresident" means any individual who is not a resident or part-year resident.

63-3015. estates and trusts. (1) An estate is treated as a resident estate if the decedent was a resident of Idaho on the date of death. (2) A trust, other than a qualified funeral trust, is treated as a resident trust if three (3) or more of the following conditions existed for …

63-3016. Paid or incurred and paid or accrued. The terms "paid or incurred" and "paid or accrued" shall be defined as set forth in the Internal Revenue Code and shall be construed according to the method of accounting upon the basis of which the taxable income is computed.

63-3017. Employer. The term "employer" means "employer" as defined in the Internal Revenue Code.

63-3018. Employee. The term "employee" means "employee" as defined in the Internal Revenue Code.

63-3020. Farmer. The term "farmer" means any person over two-thirds (2/3) of whose gross income is derived from farming.

63-3021. Net operating loss. (a) The term "net operating loss" means the amount by which Idaho taxable income, after making the modifications specified in subsection (b) of this section, is less than zero (0). (b) Add the following amounts: (1) The amount of any net operating los…

63-3021A. Calculation of net operating loss when taxable income is determined by excess inclusion income. When, pursuant to section 63-3011B, Idaho Code, taxable income for any tax year is determined by the amount of excess inclusion income taxable as determined by Internal Reven…

63-3022. Adjustments to taxable income. The additions and subtractions set forth in this section, and in sections 63-3022A through 63-3022U, Idaho Code, are to be applied to the extent allowed in computing Idaho taxable income: (a) Add any state and local taxes, as defined in sec…

63-3022A. Deduction of certain retirement benefits. (1) An amount specified by subsection (2) of this section of the following retirement benefits may be deducted by an individual from taxable income: (a) If such individual has either attained age sixty-five (65) years or has att…

63-3022B. Deduction for Energy efficiency upgrades. (1) An individual taxpayer may deduct from taxable income an amount actually paid or accrued by the individual taxpayer during the taxable year for the actual installation of energy efficiency upgrade measures within any existin…

63-3022C. Deduction for alternative energy device at residence. (1) An individual taxpayer who installs an alternative energy device to serve a place of residence of the individual taxpayer in the state of Idaho may deduct from taxable income the following amounts actually paid o…

63-3022D. Deduction of expenses for household and dependent care services. There shall be allowed as a deduction, in the case of an individual who maintains a household that includes as a member one (1) or more qualifying individuals, as defined in section 21(b)(1) of the Interna…

63-3022E. Household deduction for dependents sixty-five years of age or older or persons with developmental disabilities. [effective until January 1, 2027] (1) An additional deduction from taxable income shall be allowed in the case of an individual who maintains a household, whi…

63-3022F. Computation of tax where taxpayer restores substantial amount held under the claim of right. In the case of a taxpayer who is entitled to a reduction in federal tax due to the restoration of an item of gross income under section 1341 of the Internal Revenue Code (relati…

63-3022G. Moneys paid to Japanese-Americans for reparations for World War II displacement. (1) Amounts paid to eligible individuals shall not be included as Idaho taxable income if the payment was made from the United States civil liberties public education fund which is created …

63-3022H. Deduction of capital gains. (1) If an individual taxpayer reports capital gain net income in determining Idaho taxable income, eighty percent (80%) in taxable year 2001 and sixty percent (60%) in taxable years thereafter of the capital gain net income from the sale or e…

63-3022I. Adoption expenses. For taxable years commencing on or after January 1, 2018, legal fees and costs and medical expenses and costs all related to the adoption of a child may be deducted from taxable income by adoptive parents. The deduction allowed pursuant to this sectio…

63-3022J. Deduction of value for technological equipment. (1) Any individual or corporation may deduct from taxable income an amount equal to the fair market value of technological equipment donated to public elementary or public secondary schools, private elementary or private s…

63-3022K. Medical savings account. (1) For taxable years commencing on and after January 1, 1995, annual contributions to a medical savings account not exceeding two thousand dollars ($2,000) for the account holder and interest earned on a medical savings account shall be deducte…

63-3022L. Individuals who are owners of an interest in a pass-through entity or beneficiaries of a trust or estate. (1) Individuals who are not a resident of Idaho as defined in section 63-3014, Idaho Code, but who are owners of an interest in a pass-through entity, as defined in…

63-3022M. Expenses and interest relating to tax exempt income. For taxable years commencing on and after January 1, 1999: (1) Add interest and dividends received or accrued during the taxable year from foreign securities and from securities issued by states and other political su…

63-3022N. Marriage penalty adjustment. (1) To eliminate from the calculation of Idaho taxable income any marriage penalty that may exist in the basic standard deductions provided in the Internal Revenue Code, basic federal standard deductions shall be adjusted as provided in this…

63-3022O. Adjustment — Property acquired after September 10, 2001 — Small business expenses — Limitations on assessments and refunds. For taxable years commencing on and after January 1, 2001, in computing Idaho taxable income: (1)(a) The adjusted basis of depreciable property, d…

63-3022P. Health insurance costs. With respect to an individual taxpayer, an amount equal to the amount paid by the taxpayer during the taxable year for insurance which constitutes medical care for the taxpayer, the spouse or dependents of the taxpayer which is not otherwise dedu…

63-3022Q. Long-term care insurance. For taxable years commencing on or after January 1, 2004, premiums paid during the taxable year, by a taxpayer for long-term care insurance as that term is defined in section 41-4603, Idaho Code, which long-term care insurance is to be for the …

63-3022R. certain loss recoveries. If taxable income includes recovered amounts previously deducted from taxable income that were not allowed or allowable as a deduction from Idaho taxable income except as provided by this section, a deduction equal to the recovered amount shall …