Title 63 — REVENUE AND TAXATION

63-3022S. Income earned on an Indian Reservation. (1) A taxpayer who is an enrolled member of a federally recognized Indian tribe who resides on the reservation of the Coeur d’Alene tribe, the Kootenai tribe of Idaho, the Nez Perce tribe, the Shoshone-Bannock tribes of the Fort H…

63-3022U. deduction for certain charitable contributions. A taxpayer may deduct from taxable income the amount by which the taxpayer must reduce a charitable contribution deduction under section 170(d)(1)(B) or 170(d)(2)(B) of the Internal Revenue Code. The amount allowed to a pa…

63-3022V. deduction for first-time home buyers. (1) As used in this section: (a) "Account holder" means an individual who resides in Idaho, who has filed an income tax return in Idaho for the most recent taxable year, who is a first-time home buyer, and who establishes, individua…

63-3023. Transacting business. Subject only to the limitations of the constitutions of the United States and of the state of Idaho, the term "transacting business" shall include owning or leasing, whether as lessor or lessee, of any property, including real and personal property,…

63-3024. Individuals’ tax and tax on estates and trusts. (1) For each taxable year, a tax measured by Idaho taxable income as defined in this chapter is hereby imposed upon every individual, trust, or estate required by this chapter to file a return. (2)(a) The tax imposed upon i…

63-3024A. Food tax credits and refunds. (1) Any resident individual who is required to file and who has filed an Idaho income tax return shall be allowed a credit against taxes due under the Idaho income tax act for the taxpayer, the taxpayer’s spouse, and each dependent, as defi…

63-3024B. Idaho tax rebate fund. (1) There is hereby created in the state treasury the Idaho tax rebate fund for the purpose of implementing the provisions of this section. (a) Up to two hundred twenty million dollars ($220,000,000), less administrative costs, shall be distribute…

63-3025. Tax on corporate income. (1) For each taxable year, a tax is hereby imposed on the Idaho taxable income of a corporation, other than an S corporation, that transacts or is authorized to transact business in this state or has income attributable to this state. The tax rat…

63-3025A. Franchise tax. (1) For taxable years commencing on and after January 1, 2001, a franchise tax shall be imposed upon any corporation, other than an S corporation, for the privilege of exercising its corporate franchise within the state during such taxable year including,…

63-3025B. Organizations exempt from the tax imposed by this chapter. (1) Except as provided in subsection (4) of this section, an organization described in section 501 of the Internal Revenue Code, and the additional organizations listed in this section shall be specifically exem…

63-3025C. Corporations exempt from minimum tax. The minimum tax provisions of sections 63-3025 and 63-3025A Idaho Code, shall not apply to any corporation which is not organized for profit and is not required to pay any federal tax on unrelated business income under the provision…

63-3025D. Payment for dependents sixty-five years of age or older or persons with developmental disabilities. (1) In lieu of the deduction from taxable income allowed by section 63-3022E, Idaho Code, a resident individual who maintains a household, which includes as an immediate …

63-3026. Computing Idaho taxable income of resident individuals, trusts and estates. The Idaho taxable income of resident individuals, trusts or estates shall be computed by making appropriate adjustments under the provisions of section 63-3022, Idaho Code, to the taxable income …

63-3026A. Computing Idaho taxable income of part-year or nonresident individuals, trusts and estates. (1) For nonresident individuals, trusts, or estates the term "Idaho taxable income" includes only those components of Idaho taxable income as computed for a resident which are de…

63-3026B. affected business entities — state and local taxation treatment. (1) As used in this section: (a) "Affected business entity" means any partnership or S corporation that elects to be subject to tax pursuant to this section. (b) "Affected business entity income" means, in…

63-3027. Computing Idaho taxable income of multistate or unitary corporations. The Idaho taxable income of any multistate or unitary corporation transacting business both within and without this state shall be computed in accordance with the provisions of this section: (1) As use…

63-3027A. Computing Idaho taxable income of corporations not subject to section 63-3027, Idaho Code. The Idaho taxable income of any corporation transacting business in this state which is not subject to the provisions of section 63-3027, Idaho Code, shall be computed by making a…

63-3027B. Water’s-edge election. (a) A qualified taxpayer, as defined in paragraph (3) of subsection (b) of this section whose income is subject to the tax imposed under this chapter, may elect to determine its income derived from or attributable to sources within this state purs…

63-3027C. Election is binding — Treatment of dividends. (a) A water’s-edge election shall be made in the original return for a year and shall be binding for all years thereafter, except as follows: (1) If, in the future, the United States supreme court or the supreme court of the…

63-3027D. Presumptions and burdens of proof. (a) A qualified taxpayer and its affiliates shall be presumed to be a part of a unitary business and all income of that business shall be presumed to be apportionable business income if a valid water’s-edge election has been made, exce…

63-3027E. Operative dates. (a) Sections 63-3027B through 63-3027E, Idaho Code, shall be operative for the computation of taxes for the earlier of either of the following: (1) Taxable years beginning on or after January 1, 1988. (2) Taxable years beginning on or after January 1 of…

63-3029. Credit for income taxes paid another state. (1) A resident individual shall be allowed a credit against the tax otherwise due under this chapter for the amount of any income tax imposed on the individual, an S corporation, partnership, limited liability company, estate o…

63-3029A. Income tax credit for charitable contributions — Limitation. At the election of the taxpayer, there shall be allowed, subject to the applicable limitations provided herein, as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount equal t…

63-3029B. Income tax credit for capital investment. (1) At the election of the taxpayer, there shall be allowed, subject to the applicable limitations provided herein as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount equal to the sum of: (a…

63-3029C. Income tax credit for certain charitable contributions — Limitation. At the election of the taxpayer, there shall be allowed, subject to the applicable limitations provided herein, as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount…

63-3029D. Tax credit for qualified equipment utilizing postconsumer waste or postindustrial waste. (1) For income tax years commencing on and after January 1, 1994, there shall be allowed a credit against the tax imposed pursuant to this chapter for each taxpayer who purchases qu…

63-3029F. claim of right income repayment adjustments. (1) Subject to the provisions of this section, a credit against the taxes otherwise due shall be allowed to a taxpayer for a claim of right income repayment adjustment. (2) The credit under this section shall be allowed only …

63-3029G. Credits for research activities conducted in this state — carryforward. (1)(a) Subject to the limitations of this section, there shall be allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 63-3024, 63-3025, and 63-3025A, Idaho Code, for incre…

63-3029I. Income tax credit for investment in broadband equipment. (1) Subject to the limitations of this section, for taxable years beginning after January 1, 2001, there shall be allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 63-3024, 63-3025, an…

63-3029K. Tax credit for live organ donation expenses. (1) As used in this section: (a) "Human organ" means human bone marrow or any part of a human including the intestine, kidney, liver, lung or pancreas. (b) "Live organ donation" means that an individual who is living donates …

63-3029L. child TAX CREDIT. (1) For taxable years beginning on or after January 1, 2018, and before January 1, 2026, there shall be allowed to a taxpayer a nonrefundable credit against the tax imposed by this chapter in the amount of two hundred five dollars ($205) with respect t…

63-3029M. income tax credit for employer contributions to idaho college savings program accounts. (1) Subject to the limitations of this section, for taxable years beginning on and after January 1, 2020, there shall be allowed to an employer a nonrefundable credit against taxes i…

63-3029N. IDAHO PARENTAL CHOICE TAX CREDIT. (1) There is hereby established the Idaho parental choice tax credit. (2) For the purpose of this section: (a) "Academic instruction" means kindergarten through grade 12 instruction that includes, at a minimum, English language arts, ma…

63-3029P. Priority of credits. When a taxpayer subject to any taxes imposed under this chapter is entitled to two (2) or more credits against such taxes, the priority of credits shall be determined in the following order: (a) Nonrefundable credits. Nonrefundable credits shall be …

63-3030. Persons required to make returns of income. (a) Returns with respect to taxes measured by income in this chapter shall be made by the following: (1) Every resident individual required to file a federal return under section 6012(a)(1) of the Internal Revenue Code. (2) Any…

63-3030A. Mandate to compel return. (a) If a taxpayer fails to file a return within sixty (60) days of the time prescribed by this chapter, a district judge of the county within which the taxpayer resides or has its principal place of business or of Ada county in the case of a no…

63-3031. Joint returns. (a) A husband and wife may make a single return jointly even though one of the spouses has neither gross income nor deductions, except as provided below: (1) No joint return shall be made if, during the current taxable year, either the husband or the wife …

63-3032. Time for filing income tax returns. (1) Except as provided in section 63-3033, Idaho Code: (a) Returns made on the basis of the calendar year shall be filed in the office of the Idaho state tax commission on or before the fifteenth day of April following the close of the…

63-3033. Extension of time. (a) Taxpayers shall have an automatic extension of time for filing any return, declaration, statement or other document required by this chapter for a period of six (6) months if on or before the unextended due date the taxpayer has paid at least eight…

63-3034. Payment of tax. (a) The entire tax imposed by this chapter shall be paid to the state tax commission on or before the date, including any extensions of the due date, upon which the return must be filed with the state tax commission, provided that payments made before the…

63-3035. State withholding tax on percentage basis — Withholding, collection and payment of tax. (a) Every employer who is required under the provisions of the Internal Revenue Code to withhold, collect and pay income tax on wages or salaries paid by such employer to any employee…

63-3035A. State income tax withholding tax on lottery winnings. (1) Whenever the Idaho state lottery is required by the Internal Revenue Code to withhold, collect and pay over income tax on any prize, proceeds or winnings it shall, at the time of payment of such prize, proceeds o…

63-3035B. Joint power authorization. The state tax commission may, pursuant to sections 67-2326 through 67-2333, Idaho Code, enter into an agreement with the department of labor providing for the joint administration of employment security taxes and income tax withholding through…

63-3035C. Revocation and suspension of withholding accounts — Penalties. (1) An income tax withholding account issued under section 63-3035, Idaho Code, shall be held only by persons actively engaged in activities requiring such an account under this chapter. Any person not so en…

63-3036. State withholding tax for farmers. (1) Every farmer who is an employer required by the provisions of the Internal Revenue Code to withhold, collect, and pay income tax on wages paid by such employer to any employee shall at the time of the payment of wages, salaries, bon…

63-3036A. Payment of estimated tax. (a) Any corporation subject to this chapter which is required to make a payment of estimated taxes to the internal revenue service and will have an Idaho income tax liability of five hundred dollars ($500) or more shall pay to the state tax com…

63-3036B. Pass-through entities — backup withholding. (1) A pass-through entity, as defined in section 63-3006C, Idaho Code, that is transacting business in Idaho during a taxable year shall withhold tax as prescribed in this section. (2) For each nonresident individual who has i…

63-3037. Information returns. (a) All persons, in whatever capacity, including lessees or mortgagors of real or personal property, fiduciaries and employers, making payment to another person of interest, rent, salaries, wages, except as provided by subsection (b) of section 63-30…

63-3038. Administration. It shall be the duty of the state tax commission of the state of Idaho as established in chapter 1 of title 63, Idaho Code, to administer and enforce the provision of this title. The state tax commission is authorized to designate deputies and employees t…

63-3039. Rules and regulations — Publication of statistics and law. (1) The state tax commission shall prescribe all needful rules and regulations for the enforcement of this act, which shall be deemed to include all interpretations and constructions of this act, which must be un…