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ID H0677

Bill

Status

Passed

3/31/2022

Primary Sponsor

Revenue and Taxation Committee

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Origin

House of Representatives

2022 Regular Session

AI Summary

  • Prohibits out-of-state taxing entities from taxing Idaho businesses for sales or transactions conducted within Idaho between an Idaho business and a nonresident physically present in the state.

  • Declares any tax imposed in violation of this prohibition to be null, void, and unenforceable in Idaho, notwithstanding other Idaho law provisions.

  • Defines "out-of-state taxing entity" to include other U.S. states, territories, governmental subdivisions, and foreign nations or governments, but excludes the federal government.

  • Establishes legislative intent to protect Idaho citizens from out-of-state tax overreach, specifically citing Oregon's corporate activity tax effective January 1, 2020, which the state claims violates the Commerce Clause and Due Process Clause.

  • Takes effect immediately upon passage and approval under emergency provisions.

Legislative Description

Adds to existing law to prohibit the enforcement of taxation of Idaho businesses by certain out-of-state taxing entities.

CORPORATE ACTIVITIES TAX

Last Action

Reported Signed by Governor on March 29, 2022 Session Law Chapter 312 Effective: 03/29/2022

3/31/2022

Committee Referrals

Local Government and Taxation3/7/2022
Revenue and Taxation2/25/2022

Full Bill Text

No bill text available