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ID H0382

Bill

Status

Passed

3/5/2010

Primary Sponsor

Unknown

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Defines "pass-through entity" to include partnerships, limited liability companies taxed as partnerships, S corporations, and trusts or estates required to file returns in Idaho.

  • Allows individuals who are owners of pass-through entities or beneficiaries of trusts or estates to elect to have Idaho income tax reported and paid by the entity at corporate tax rates instead of on individual returns.

  • Establishes a backup withholding system requiring pass-through entities to withhold taxes at the highest marginal individual rate on income of owners and beneficiaries who do not make an election to have taxes paid by the entity.

  • Exempts Idaho residents and individuals who make a timely election under the first provision from the backup withholding requirement.

  • Requires pass-through entities to file withholding returns with the state tax commission and furnish statements to affected individuals showing amounts withheld; effective January 1, 2011.

Legislative Description

Adds to and amends existing law relating to state income taxes to provide definitions of the terms "pass-through entity" and "owner of interest in a pass-through entity"; to revise the manner in which the income of pass-through entities income is reported and paid; and to provide a system of backup withholding for individuals who are owners of pass-through entities or beneficiaries of a trust or estate who do not elect to have their income taxes paid on the entity's return.

STATE TAX COMMISSION

Last Action

Governor signed Session Law Chapter 37 Effective: 01/01/11

3/5/2010

Committee Referrals

Local Government and Taxation1/26/2010
Revenue and Taxation1/15/2010

Full Bill Text

No bill text available