TallyIDAHOLegislative Tracker
H05632022 Regular SessionSigned into law

Amends existing law to revise provisions regarding computing Idaho taxable income of multistate or unitary corporations.

INCOME TAXES -- Amends existing law to revise provisions regarding computing Idaho taxable income of multistate or unitary corporations.

IntroducedIn CommitteeFloor VoteEnacted
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This bill relates to the taxation of multistate business income in Idaho. Over the past few decades, most states have moved towards taxing multistate income based on both market-based and single-sales factor approaches. Idaho currently taxes multistate income for sales other than tangible property (ie., intangible property and services) using a "cost-of-performance" method. Cost-of-performance assigns the sales revenue to the location having the greater proportion of services performed. Market-based sourcing assigns the sales revenue to the location receiving or benefiting from the services. Changing to "market-based" sourcing for these activities will create uniformity with other states. Note that Idaho currently applies market-based sourcing to the sale of tangible property which is already uniform to other states. Idaho currently taxes multistate income using a three-factor method to apportion business income, which includes: 1) Property; 2) Payroll; and 3) Double-weighted sales. Changing to a single-sales factor to apportion income will simplify the process and also create uniformity with other states. As other states have moved away from cost-of-performance as well as three-factor apportionment methodologies, instances of double taxation for Idaho-based companies, and instances of out-of-state companies doing business in Idaho without paying income taxes have become more and more prevalent. This bill resolves these two problems, provides for a more-favorable tax environment for Idaho, and simplifies the taxation of multistate income for both taxpayers and the State Tax Commission.

house Chamber· Feb 21, 2022

House Third Reading

✓ Passed
67 Yea
0 Nay
3 absentPassed by 67 votes
Republican
55 yea/0 nay
Democrat
12 yea/0 nay
Show all 67 voter names

Reported Signed by Governor on March 16, 2022 Session Law Chapter 52 Effective: Retroactive to 01/01/2022