TallyIDAHOLegislative Tracker
H07132022 Regular SessionSigned into law

Amends existing law to revise provisions regarding state and local tax treatment for affected business entities.

INCOME TAXES -- Amends existing law to revise provisions regarding state and local tax treatment for affected business entities.

IntroducedIn CommitteeFloor VoteEnacted
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This legislation replaces HB510 and makes technical corrections to legislation enacted in 2021 that provided state and local tax deductions (SALT) for income taxes paid by an Affected Business Entity (ABE) on behalf of its pass-through owners. The 2021 legislation, HB317, was a SALT workaround that allowed ABEs to elect to pay state income taxes on behalf of their owners, making those tax payments fully deductible at the federalleveljustlikebusinessesthatarenotpass-throughentities. LikeHB510, thisbillalsomakestheelection available to more taxpayers by including fiscal year taxpayers and ABEs with owners that are trusts or estates. It differs from HB510 in that it allows tiered pass-through entities (entities in which other pass-through entities are owners) to use the election. It also clarifies language used in HB510 that allowed ABEs with owners who do not have Idaho income tax liability to qualify for the election without charging those members a tax they do not owe. Finally, it eliminates the unintended multiple imposition of the permanent building fund excise tax erroneously caused by HB510, so a taxpayer pays it only once.

house Chamber· Mar 7, 2022

House Third Reading

✓ Passed
66 Yea
1 Nay
3 absentPassed by 65 votes
Republican
55 yea/0 nay
Democrat
11 yea/1 nay
Show all 67 voter names

Reported Signed by Governor on March 23, 2022 Session Law Chapter 185 Effective: Retroactive to 01/01/2022