T63CH37

Title 63 > T63CH37

Sections (9)

63-3701

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3701. Multistate tax compact enacted. The Multistate Tax Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows: ARTICLE I PURPOSES The purposes of this compact are to: 1. Facilitate proper determination of State and local tax liability of multistate taxpayers, including the equitable apportionment of tax bases and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. ARTICLE II DEFINITIONS As used in this compact: 1. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any Territory or Possession of the United States. 2. Subdivision means any governmental unit or special district of a State. 3. Taxpayer means any corporation, partnership, firm, association, governmental unit or agency or person acting as a business entity in more than one State. 4. Income tax means a tax imposed on or measured by net income including any tax imposed on or measured by an amount arrived at by deducting expenses from gross income, one or more forms of which expenses are not specifically and directly related to particular transactions. 5. Capital stock tax means a tax measured in any way by the capital of a corporation considered in its entirety. 6. Gross receipts tax means a tax, other than a sales tax, which is imposed on or measured by the gross volume of business, in terms of gross receipts or in other terms, and in the determination of which no deduction is allowed which would constitute the tax an income tax. 7. Sales tax means a tax imposed with respect to the transfer for a consideration of ownership, possession or custody of tangible personal property or the rendering of services measured by the price of the tangible personal property transferred or services rendered and which is required by State or local law to be separately stated from the sales price by the seller, or which is customarily separately stated from the sales price, but does not include a tax imposed exclusively on the sale of a specifically identified commodity or article or class of commodities or articles. 8. Use tax means a nonrecurring tax, other than a sales tax, which (a) is imposed on or with respect to the exercise or enjoyment of any right or power over tangible personal property incident to the ownership, possession or custody of that property or the leasing of that property from another including any consumption, keeping, retention, or other use of tangible personal property and (b) is complementary to a sales tax. 9. Tax means an income tax, capital stock tax, gross receipts tax, sales tax, use tax, and any other tax which has a multistate impact, except that the provision

63-3702

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3702. Optional reporting for sales. Every multistate taxpayer as defined in said Compact and required to file a return in Idaho whose only activities within Idaho consist of sales and which does not own or rent real estate or tangible personal property and whose dollar volume of gross sales made during the tax year within this state is not in excess of the dollar volume prescribed in article III, section 2, of the Multistate Tax Compact may elect to report its income and pay tax to the state of Idaho at the rate of one per cent (1%) of such dollar volume. History: [63-3702, added 1967, ch. 316, sec. 2, p. 928; am. 1969, ch. 301, sec. 1, p. 901.]

63-3703

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3703. Appointment to the multistate tax commission. The governor, with the advise and consent of the senate, shall appoint a member of the Multistate Tax Commission to represent Idaho from among the persons made eligible by Article VI, Section 1(a) of the Multistate Tax Compact. History: [63-3703, added 1967, ch. 316, sec. 3, p. 928.]

63-3704

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3704. Multistate tax commission — Designation of alternate. The member representing Idaho on the multistate tax commission may be represented thereon by an alternate designated by him. The name of the alternate thus designated shall be filed with the multistate tax commission by the member representing this state. History: [63-3704, added 1967, ch. 316, sec. 4, p. 928.]

63-3705

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3705. Attorney general or designee to be nonvoting member. The attorney general of this state or his designee shall be a nonvoting member of said commission representing this state. History: [63-3705, added 1967, ch. 316, sec. 5, p. 928.]

63-3706

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3706. Multistate tax compact advisory committee — Composition — Meetings — Purpose. There is hereby established the Multistate Tax Compact advisory committee composed of the member of the multistate tax commission representing this state, any alternate designated by him, the attorney general or his designee, two members of the senate appointed by the president pro tempore of the senate, and two members of the house of representatives appointed by the speaker thereof. The chairman shall be the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than once in each year. The committee may consider any and all matters relating to recommendations of the multistate tax commission as raised by any of its members. History: [63-3706, added 1967, ch. 316, sec. 6, p. 928; am. 2023, ch. 168, sec. 1, p. 453.]

63-3707

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3707. Interstate audits participation — Limitation. This state specifically adopts and agrees to participate in the interstate audits provided by article VIII of the Multistate Tax Compact and said article shall be in full force and effect in respect to this state; providing that the state tax commission shall determine the extent of participation by this state in such interstate audits. History: [63-3707, added 1967, ch. 316, sec. 7, p. 928.]

63-3708

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3708. Sharing of tax information. The state tax commission at its discretion may furnish to the multistate tax commission, any information contained in tax returns and reports and related schedules and documents filed pursuant to the laws of this state and in the report of an audit or investigation made with respect thereto, provided only that said information be furnished solely for tax purposes; and the multistate tax commission may make said information available to the tax officials of any other state, the District of Columbia, the United States and its territories for tax purposes. History: [63-3708, added 1973, ch. 81, sec. 1, p. 130.]

63-3709

TITLE 63 REVENUE AND TAXATION CHAPTER 37 INTERSTATE COMPACT 63-3709. Multistate tax compact account — Creation — Appropriations. (a) There is hereby created in the office of the state treasurer and subject to his control and custody in the state operating fund an account to be known and designated as the Multistate Tax Compact Account. (b) All moneys collected as a direct result of audits or compliance activities conducted by the multistate tax commission or by employees of the state tax commission whose salaries are appropriated from the multistate tax compact account shall be paid by the state tax commission into the multistate tax compact account. (c) Upon receipt by the state tax commission of the budget of the multistate tax commission, and the statement of Idaho’s share of such budget to be appropriated, the state tax commission shall review said budget and Idaho’s share, and shall determine compliance or noncompliance of said budget and share with section 4(b) of article VI of the multistate tax compact. Upon reviewing said budget and Idaho’s share thereof, the state tax commission shall, on or before February 1 of each year, certify to the Senate finance committee, the House appropriations committee, the Senate local government and taxation committee, and the House revenue and taxation committee, that the budget and Idaho’s share thereof either comply or do not comply with the provisions of section 4(b) of article VI of the multistate tax compact. Unless the legislature determines otherwise prior to adjournment, the amounts which the state tax commission has certified as complying with section 4(b) of article VI are hereby continually appropriated from the multistate tax compact account to the multistate tax commission. (d) If, at any time, the funds in the multistate tax compact account exceed one hundred and ten percent (110%) of the most recent continuing annual appropriation to the multistate tax commission, the excess thereof shall be transferred to the general account. (e) Payments to the multistate tax commission from the multistate tax compact account shall be made only with the approval of the state tax commission. History: [63-3709, added 1980, ch. 115, sec. 1, p. 253; am. 1999, ch. 26, sec. 1, p. 38.]