Idaho Code
Chapter 30 - INCOME TAX
Section 63-3022M - EXPENSES AND INTEREST RELATING TO TAX EXEMPT INCOME.

63-3022M. EXPENSES AND INTEREST RELATING TO TAX EXEMPT INCOME. For taxable years commencing on and after January 1, 1999:
(1) Add interest and dividends received or accrued during the taxable year from foreign securities and from securities issued by states and other political subdivisions exempt from federal income tax under the Internal Revenue Code, less applicable amortization.
(2) Subtract any expenses and interest not allowed under sections 265 and 291 of the Internal Revenue Code in computing taxable income, as defined in section 63-3011B, Idaho Code, for interest on indebtedness incurred or continued to purchase or to carry obligations the interest of which is not subject to the taxes imposed under the Internal Revenue Code.
(3) Subtract interest and dividends received or accrued during the taxable year from securities issued:
(a) By the federal government and its instrumentalities to the extent included in taxable income and not subject to taxation by this state, and
(b) By the state of Idaho, its cities and political subdivisions, exempt from federal income tax under the Internal Revenue Code.
(4) No deduction shall be allowed for interest on indebtedness incurred or continued to purchase or to carry obligations the interest of which is not subject to the taxes imposed under this chapter. The amount of interest on indebtedness thus incurred or continued shall be an amount which bears the same ratio to the aggregate amount allowable to the taxpayer as a deduction for interest for the taxable year as the taxpayer’s interest income from the obligations mentioned in the preceding sentence bears to the taxpayer’s total income for the taxable year. "Aggregate amount allowable" means the taxpayer’s total interest expense deducted in determining taxable income as defined in section 63-3011B, Idaho Code, plus interest expense disallowed under sections 265 and 291 of the Internal Revenue Code, plus interest expense from a pass-through entity, plus the interest expense of a foreign corporation that, pursuant to sections 63-3027 and 63-3027B through 63-3027E, Idaho Code, is included in a combined report with the taxpayer less interest expense of any corporation included with the taxpayer in a consolidated federal return but not a part of the combined report filed with the state tax commission for the same taxable year. The deduction under this subsection shall not exceed the amount of interest and dividend income added pursuant to subsection (1) of this section less interest and dividend income from the state of Idaho, its cities and political subdivisions, subtracted pursuant to subsection (3) of this section.
(5) No deduction shall be allowed for expenses (other than interest) attributable to interest or dividend income which is not subject to the taxes imposed under this chapter.

History:
[63-3022M, added 1998, ch. 42, sec. 3, p. 179, am. 1999, ch. 28, sec. 1, p. 39.]

Structure Idaho Code

Idaho Code

Title 63 - REVENUE AND TAXATION

Chapter 30 - INCOME TAX

Section 63-3001 - TITLE.

Section 63-3002 - DECLARATION OF INTENT.

Section 63-3003 - DEFINITIONS.

Section 63-3004 - INTERNAL REVENUE CODE.

Section 63-3005 - PERSON.

Section 63-3006 - CORPORATION.

Section 63-3006A - LIMITED LIABILITY COMPANY — CLASSIFICATION AND TAXATION.

Section 63-3006B - PARTNERSHIP.

Section 63-3006C - PASS-THROUGH ENTITY.

Section 63-3007 - FIDUCIARY.

Section 63-3008 - INDIVIDUAL.

Section 63-3009 - TAXPAYER.

Section 63-3010 - TAXABLE YEAR.

Section 63-3011 - GROSS INCOME.

Section 63-3011A - ADJUSTED GROSS INCOME.

Section 63-3011B - TAXABLE INCOME.

Section 63-3011C - IDAHO TAXABLE INCOME.

Section 63-3012 - INCLUDES AND INCLUDING.

Section 63-3013 - RESIDENT.

Section 63-3013A - PART-YEAR RESIDENT.

Section 63-3014 - NONRESIDENT.

Section 63-3015 - ESTATES AND TRUSTS.

Section 63-3016 - PAID OR INCURRED AND PAID OR ACCRUED.

Section 63-3017 - EMPLOYER.

Section 63-3018 - EMPLOYEE.

Section 63-3020 - FARMER.

Section 63-3021 - NET OPERATING LOSS.

Section 63-3021A - CALCULATION OF NET OPERATING LOSS WHEN TAXABLE INCOME IS DETERMINED BY EXCESS INCLUSION INCOME.

Section 63-3022 - ADJUSTMENTS TO TAXABLE INCOME.

Section 63-3022A - DEDUCTION OF CERTAIN RETIREMENT BENEFITS.

Section 63-3022B - DEDUCTION FOR ENERGY EFFICIENCY UPGRADES.

Section 63-3022C - DEDUCTION FOR ALTERNATIVE ENERGY DEVICE AT RESIDENCE.

Section 63-3022D - DEDUCTION OF EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES.

Section 63-3022E - HOUSEHOLD DEDUCTION FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES.

Section 63-3022F - COMPUTATION OF TAX WHERE TAXPAYER RESTORES SUBSTANTIAL AMOUNT HELD UNDER THE CLAIM OF RIGHT.

Section 63-3022G - MONEYS PAID TO JAPANESE-AMERICANS FOR REPARATIONS FOR WORLD WAR II DISPLACEMENT.

Section 63-3022H - DEDUCTION OF CAPITAL GAINS.

Section 63-3022I - ADOPTION EXPENSES.

Section 63-3022J - DEDUCTION OF VALUE FOR TECHNOLOGICAL EQUIPMENT.

Section 63-3022K - MEDICAL SAVINGS ACCOUNT.

Section 63-3022L - INDIVIDUALS WHO ARE OWNERS OF AN INTEREST IN A PASS-THROUGH ENTITY OR BENEFICIARIES OF A TRUST OR ESTATE.

Section 63-3022M - EXPENSES AND INTEREST RELATING TO TAX EXEMPT INCOME.

Section 63-3022N - MARRIAGE PENALTY ADJUSTMENT.

Section 63-3022O - ADJUSTMENT — PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001 — SMALL BUSINESS EXPENSES — LIMITATIONS ON ASSESSMENTS AND REFUNDS.

Section 63-3022P - HEALTH INSURANCE COSTS.

Section 63-3022Q - LONG-TERM CARE INSURANCE.

Section 63-3022R - CERTAIN LOSS RECOVERIES.

Section 63-3022S - INCOME EARNED ON AN INDIAN RESERVATION.

Section 63-3022U - DEDUCTION FOR CERTAIN CHARITABLE CONTRIBUTIONS.

Section 63-3022V - DEDUCTION FOR FIRST-TIME HOME BUYERS.

Section 63-3023 - TRANSACTING BUSINESS.

Section 63-3024 - INDIVIDUALS’ TAX AND TAX ON ESTATES AND TRUSTS.

Section 63-3024A - FOOD TAX CREDITS AND REFUNDS.

Section 63-3024B - IDAHO TAX REBATE FUND.

Section 63-3025 - TAX ON CORPORATE INCOME.

Section 63-3025A - FRANCHISE TAX.

Section 63-3025B - ORGANIZATIONS EXEMPT FROM THE TAX IMPOSED BY THIS CHAPTER.

Section 63-3025C - CORPORATIONS EXEMPT FROM MINIMUM TAX.

Section 63-3025D - PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES.

Section 63-3026 - COMPUTING IDAHO TAXABLE INCOME OF RESIDENT INDIVIDUALS, TRUSTS AND ESTATES.

Section 63-3026A - COMPUTING IDAHO TAXABLE INCOME OF PART-YEAR OR NONRESIDENT INDIVIDUALS, TRUSTS AND ESTATES.

Section 63-3026B - AFFECTED BUSINESS ENTITIES — STATE AND LOCAL TAXATION TREATMENT.

Section 63-3027 - COMPUTING IDAHO TAXABLE INCOME OF MULTISTATE OR UNITARY CORPORATIONS.

Section 63-3027A - COMPUTING IDAHO TAXABLE INCOME OF CORPORATIONS NOT SUBJECT TO SECTION 63-3027, IDAHO CODE.

Section 63-3027B - WATER’S-EDGE ELECTION.

Section 63-3027C - ELECTION IS BINDING — TREATMENT OF DIVIDENDS.

Section 63-3027D - PRESUMPTIONS AND BURDENS OF PROOF.

Section 63-3027E - OPERATIVE DATES.

Section 63-3029 - CREDIT FOR INCOME TAXES PAID ANOTHER STATE.

Section 63-3029A - INCOME TAX CREDIT FOR CHARITABLE CONTRIBUTIONS — LIMITATION.

Section 63-3029B - INCOME TAX CREDIT FOR CAPITAL INVESTMENT.

Section 63-3029C - INCOME TAX CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS — LIMITATION.

Section 63-3029D - TAX CREDIT FOR QUALIFIED EQUIPMENT UTILIZING POSTCONSUMER WASTE OR POSTINDUSTRIAL WASTE.

Section 63-3029F - CLAIM OF RIGHT INCOME REPAYMENT ADJUSTMENTS.

Section 63-3029G - CREDITS FOR RESEARCH ACTIVITIES CONDUCTED IN THIS STATE — CARRYFORWARD.

Section 63-3029I - INCOME TAX CREDIT FOR INVESTMENT IN BROADBAND EQUIPMENT.

Section 63-3029K - TAX CREDIT FOR LIVE ORGAN DONATION EXPENSES.

Section 63-3029L - CHILD TAX CREDIT.

Section 63-3029M - INCOME TAX CREDIT FOR EMPLOYER CONTRIBUTIONS TO IDAHO COLLEGE SAVINGS PROGRAM ACCOUNTS.

Section 63-3029P - PRIORITY OF CREDITS.

Section 63-3030 - PERSONS REQUIRED TO MAKE RETURNS OF INCOME.

Section 63-3030A - MANDATE TO COMPEL RETURN.

Section 63-3031 - JOINT RETURNS.

Section 63-3032 - TIME FOR FILING INCOME TAX RETURNS.

Section 63-3033 - EXTENSION OF TIME.

Section 63-3034 - PAYMENT OF TAX.

Section 63-3035 - STATE WITHHOLDING TAX ON PERCENTAGE BASIS — WITHHOLDING, COLLECTION AND PAYMENT OF TAX.

Section 63-3035A - STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS.

Section 63-3035B - JOINT POWER AUTHORIZATION.

Section 63-3035C - REVOCATION AND SUSPENSION OF WITHHOLDING ACCOUNTS — PENALTIES.

Section 63-3036 - STATE WITHHOLDING TAX FOR FARMERS.

Section 63-3036A - PAYMENT OF ESTIMATED TAX.

Section 63-3036B - PASS-THROUGH ENTITIES — BACKUP WITHHOLDING.

Section 63-3037 - INFORMATION RETURNS.

Section 63-3038 - ADMINISTRATION.

Section 63-3039 - RULES AND REGULATIONS — PUBLICATION OF STATISTICS AND LAW.

Section 63-3040 - EXAMINATION OF RETURN AND DETERMINATION OF TAX.

Section 63-3041 - OVERPAYMENTS.

Section 63-3042 - EXAMINATION OF BOOKS AND WITNESSES.

Section 63-3042A - EVIDENCE OF EXPENDITURES.

Section 63-3043 - CONTEMPT.

Section 63-3044 - DEFICIENCY IN TAX.

Section 63-3045 - NOTICE OF REDETERMINATION OR DEFICIENCY — INTEREST.

Section 63-3045A - ASSESSMENT OF TAX.

Section 63-3045B - FINAL DECISIONS OF THE COMMISSION.

Section 63-3046 - PENALTIES AND ADDITIONS TO THE TAX IN CASE OF DEFICIENCY.

Section 63-3046A - INTEREST ON UNDERPAYMENT OF ESTIMATED TAX.

Section 63-3046B - FAILURE TO FILE PARTNERSHIP RETURN.

Section 63-3047 - COMPROMISED CASES.

Section 63-3048 - ADJUSTED OR COMPROMISED CASES — SETTLEMENT AND CLOSING AGREEMENTS.

Section 63-3049 - JUDICIAL REVIEW.

Section 63-3050 - ACTION TO COLLECT UNPAID TAX OR DEFICIENCY.

Section 63-3050A - RELIEF FROM JOINT AND SEVERAL LIABILITY ON JOINT RETURN.

Section 63-3051 - PROPERTY SUBJECT TO LIEN.

Section 63-3055 - RELEASE OR SUBORDINATION OF INCOME TAX LIEN.

Section 63-3056 - ACTION TO ENFORCE LIEN.

Section 63-3057 - DISTRAINT ON PERSONAL PROPERTY.

Section 63-3058 - EXEMPT PROPERTY.

Section 63-3059 - LEVY OR DISTRAINT WARRANT.

Section 63-3060 - PROCEEDINGS ON LEVY OR DISTRAINT.

Section 63-3060A - CONTINUOUS EXECUTION ON INDIVIDUAL EARNINGS.

Section 63-3061 - SUCCESSIVE SEIZURES.

Section 63-3061A - NOTICE OF LEVY AND DISTRAINT.

Section 63-3062 - PRODUCTION OF BOOKS.

Section 63-3063 - COLLECTION BY DISTRAINT NOT EXCLUSIVE.

Section 63-3064 - OTHER REMEDIES PRESERVED.

Section 63-3065 - JEOPARDY ASSESSMENTS.

Section 63-3065A - JURISDICTION OVER NONRESIDENTS.

Section 63-3066 - LEGAL ADVISER.

Section 63-3067 - REVENUE RECEIVED — STATE REFUND ACCOUNT.

Section 63-3067A - INCOME TAX REFUND OR PAYMENT DESIGNATION BY INDIVIDUALS TO TRUST ACCOUNTS.

Section 63-3067B - SUNSETTING DESIGNATIONS.

Section 63-3067D - DESIGNATION BY TAXPAYER — OPPORTUNITY SCHOLARSHIP.

Section 63-3068 - PERIOD OF LIMITATIONS FOR ISSUING A NOTICE OF DEFICIENCY AND COLLECTION OF TAX.

Section 63-3069 - NOTICE OF ADJUSTMENT OF FEDERAL OR STATE TAX LIABILITY.

Section 63-3069A - SPECIAL STATUTE OF LIMITATIONS.

Section 63-3071 - DESTRUCTION OF OLD RETURNS.

Section 63-3072 - CREDITS AND REFUNDS.

Section 63-3073 - INTEREST ON REFUNDS AND CREDITS.

Section 63-3074 - ACTIONS AGAINST STATE OF IDAHO.

Section 63-3075 - PENALTIES.

Section 63-3076 - PENALTY FOR DIVULGING INFORMATION.

Section 63-3077 - INFORMATION FURNISHED TO CERTAIN OFFICIALS.

Section 63-3077A - AGREEMENTS FOR EXCHANGE OF INFORMATION AND JOINT ADMINISTRATION WITH DEPARTMENT OF LABOR.

Section 63-3077B - AGREEMENTS FOR EXCHANGE OF INFORMATION WITH INDUSTRIAL COMMISSION.

Section 63-3077C - AGREEMENT FOR EXCHANGE OF INFORMATION WITH DEPARTMENT OF FISH AND GAME.

Section 63-3077D - AGREEMENT FOR COLLECTION OF TAX.

Section 63-3077E - AGREEMENTS FOR EXCHANGE OF INFORMATION WITH THE STATE TREASURER.

Section 63-3077F - INFORMATION FURNISHED TO CERTAIN INDIVIDUALS.

Section 63-3077G - AGREEMENT FOR EXCHANGE OF INFORMATION WITH THE IDAHO DEPARTMENT OF CORRECTION.

Section 63-3077H - AGREEMENT FOR EXCHANGE OF INFORMATION WITH THE IDAHO DEPARTMENT OF HEALTH AND WELFARE.

Section 63-3078 - FAILURE TO COLLECT AND PAY OVER TAX, OR ATTEMPT TO EVADE OF [OR] DEFEAT TAX.

Section 63-3079 - FRANCHISE TAX NOT REPEALED.

Section 63-3080 - NOT A PROPERTY TAX.

Section 63-3082 - ADDITIONAL TAX REQUIRED WHEN FILING INCOME TAX RETURN.

Section 63-3083 - “PERSON” DEFINED.

Section 63-3084 - TAX ADDITIONAL TO OTHER INCOME TAXES.

Section 63-3085 - DATE TAX DUE AND PAYABLE.

Section 63-3086 - PERSONS EXEMPT FROM TAX.

Section 63-3087 - COLLECTION AND ENFORCEMENT.