Idaho Code
Chapter 30 - INCOME TAX
Section 63-3024 - INDIVIDUALS’ TAX AND TAX ON ESTATES AND TRUSTS.

63-3024. INDIVIDUALS’ TAX AND TAX ON ESTATES AND TRUSTS. [EFFECTIVE UNTIL JANUARY 3, 2023] For each taxable year, a tax measured by Idaho taxable income as defined in this chapter is hereby imposed upon every individual, trust, or estate required by this chapter to file a return.
(a) The tax imposed upon individuals, trusts and estates shall be computed at the following rates:

When Idaho taxable income is:
The rate is:
Less than $1,000
One percent (1%)
$1,000 but less than $3,000
$10.00, plus three percent (3%) of the amount over $1,000
$3,000 but less than $5,000
$70.00, plus four and five-tenths percent (4.5%) of the amount over $3,000
$5,000 and over
$160, plus six percent (6%) of the amount over $5,000

For taxable year 2000 and each year thereafter, the state tax commission shall prescribe a factor that shall be used to compute the Idaho income tax brackets provided in this section. The factor shall provide an adjustment to the Idaho tax brackets so that inflation will not result in a tax increase. The Idaho tax brackets shall be adjusted as follows: multiply the bracket amounts by the percentage (the consumer price index for the calendar year immediately preceding the calendar year to which the adjusted brackets will apply divided by the consumer price index for calendar year 1998). For the purpose of this computation, the consumer price index for any calendar year is the average of the consumer price index as of the close of the twelve (12) month period for the immediately preceding calendar year, without regard to any subsequent adjustments, as adopted by the state tax commission. This adoption shall be exempt from the provisions of chapter 52, title 67, Idaho Code. The consumer price index shall mean the consumer price index for all U.S. urban consumers published by the United States department of labor. The state tax commission shall annually include the factor as provided in this subsection to multiply against Idaho taxable income using the brackets in this section to arrive at that year’s Idaho taxable income for tax bracket purposes.
(b) In case a joint return is filed by husband and wife pursuant to the provisions of section 63-3031, Idaho Code, the tax imposed by this section shall be twice the tax that would be imposed on one-half (1/2) of the aggregate Idaho taxable income. For the purposes of this section, a return of a surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and a head of household, as defined in section 2(b) of the Internal Revenue Code, shall be treated as a joint return and the tax imposed shall be twice the tax that would be imposed on one-half (1/2) of the Idaho taxable income.
(c) In the case of a trust that is an electing small business trust as defined in section 1361 of the Internal Revenue Code, the special rules for taxation of such trusts contained in section 641 of the Internal Revenue Code shall apply except that the maximum individual rate provided in this section shall apply in computing tax due under this chapter.
(d) The state tax commission shall compute and publish Idaho income tax liability for taxpayers at the midpoint of each bracket of Idaho taxable income in fifty-dollar ($50.00) steps to fifty thousand dollars ($50,000), rounding such calculations to the nearest dollar. Taxpayers having income within such brackets shall file returns based upon and pay taxes according to the schedule thus established. The state tax commission shall promulgate rules defining the conditions upon which such returns shall be filed.

63-3024. INDIVIDUALS’ TAX AND TAX ON ESTATES AND TRUSTS. [EFFECTIVE JANUARY 3, 2023] (1) For each taxable year, a tax measured by Idaho taxable income as defined in this chapter is hereby imposed upon every individual, trust, or estate required by this chapter to file a return.
(2)(a) The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and eight-tenths percent (5.8%) of taxable income over two thousand five hundred dollars ($2,500).
(b) For taxpayers filing a joint return pursuant to the provisions of section 63-3031, Idaho Code, the tax imposed shall be computed at the rate of five and eight-tenths percent (5.8%) of taxable income over five thousand dollars ($5,000). For the purposes of this section, a return of a surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and a head of household, as defined in section 2(b) of the Internal Revenue Code, shall be treated as a joint return.
(3) For taxable year 2000 and each year thereafter, the state tax commission shall prescribe a factor that shall be used to compute the Idaho income tax thresholds provided in subsection (2) of this section. The factor shall provide an adjustment to the Idaho tax thresholds so that inflation will not result in a tax increase. The Idaho tax thresholds shall be adjusted as follows: multiply the last threshold amount by the percentage (the consumer price index for the calendar year immediately preceding the calendar year to which the adjusted threshold amount will apply divided by the consumer price index for calendar year 1998). For the purpose of this computation, the consumer price index for any calendar year is the average of the consumer price index as of the close of the twelve (12) month period for the immediately preceding calendar year, without regard to any subsequent adjustments, as adopted by the state tax commission. This adoption shall be exempt from the provisions of chapter 52, title 67, Idaho Code. The consumer price index shall mean the consumer price index for all U.S. urban consumers published by the United States department of labor. The state tax commission shall annually include the factor as provided in this subsection to multiply against Idaho taxable income using the thresholds in this section to arrive at that year’s Idaho taxable income for tax threshold purposes.
(4) In the case of a trust that is an electing small business trust as defined in section 1361 of the Internal Revenue Code, the special rules for taxation of such trusts contained in section 641 of the Internal Revenue Code shall apply, except that the individual rate provided in subsection (2)(a) of this section shall apply in computing tax due under this chapter.
(5) The state tax commission may promulgate rules defining the conditions upon which such returns shall be filed.

History:
[63-3024, added 1959, ch. 299, sec. 24, p. 613; am. 1963, ch. 425, sec. 1, p. 1104; am. 1965, ch. 195, sec. 39, p. 408; am. 1967, ch. 294, sec. 4, p. 828; am. 1968 (2nd E.S.), ch. 27, sec. 1, p. 51; am. 1969, ch. 319, sec. 8, p. 982; am. 1969, ch. 456, sec. 1, p. 1262; am. 1971, ch. 302, sec. 2, p. 1242; am. 1972, ch. 398, sec. 4, p. 1149; am. 1973, ch. 326, sec. 1, p. 690; am. 1974, ch. 303, sec. 1, p. 1782; am. 1975, ch. 138, sec. 1, p. 309; am. 1975, ch. 170, sec. 1, p. 460; am. 1976, ch. 1, sec. 2, p. 3; am. 1976, ch. 76, sec. 1, p. 247; am. 1986, ch. 90, sec. 3, p. 267; am. 1987, ch. 93, sec. 3, p. 181; am. 1987, ch. 342, sec. 1, p. 726; am. 1992, ch. 11, sec. 4, p. 23; am. 1995, ch. 111, sec. 19, p. 361; am. 2000, ch. 479, sec. 2, p. 1652; am. 2001, ch. 386, sec. 1, p. 1349; am. 2002, ch. 35, sec. 6, p. 71; am. 2003, ch. 10, sec. 3, p. 25; am. 2006, ch. 195, sec. 1, p. 599; am. 2012, ch. 321, sec. 1, p. 879; am. 2018, ch. 46, sec. 4, p. 115; am. 2021, ch. 342, sec. 1, p. 1039; am. 2022, ch. 1, sec. 1, p. 3; added 2022, 1st E.S., ch. 1, sec. 5, p. 6.]

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.