63-3029A. INCOME TAX CREDIT FOR CHARITABLE CONTRIBUTIONS — LIMITATION. At the election of the taxpayer, there shall be allowed, subject to the applicable limitations provided herein, as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount equal to fifty percent (50%) of the aggregate amount of charitable contributions made by such taxpayer during the year to a nonprofit corporation, fund, foundation, trust, or association organized and operated exclusively for the benefit of institutions of higher learning located within the state of Idaho, including a university related research park, to nonprofit private or public institutions of elementary, secondary, or higher education or their foundations located within the state of Idaho, to Idaho education public broadcast system foundations within the state of Idaho, to the Idaho state historical society or its foundation, to the council for the deaf and hard of hearing, to the developmental disabilities council, to the commission for the blind and visually impaired, to the commission on Hispanic affairs, to the state independent living council, to the Idaho commission for libraries and to public libraries or their foundations and library districts or their foundations located within the state of Idaho, to the Idaho STEM action center, to nonprofit public or private museums or their foundations located within the state of Idaho, to residency programs accredited by the accreditation council for graduate medical education or the American osteopathic association or their designated nonprofit support organizations based in Idaho and devoted to training residents in Idaho and to dedicated accounts within the Idaho community foundation inc. that exclusively support the charitable purposes otherwise qualifying for the tax credit authorized under the provisions of this section.
(1) In the case of a taxpayer other than a corporation, the amount allowable as a credit under this section for any taxable year shall not exceed fifty percent (50%) of such taxpayer’s total income tax liability imposed by section 63-3024, Idaho Code, for the year, or five hundred dollars ($500), whichever is less.
(2) In the case of a corporation, the amount allowable as a credit under this section for any taxable year shall not exceed ten percent (10%) of such corporation’s total income or franchise tax liability imposed by sections 63-3025 and 63-3025A, Idaho Code, for the year, or five thousand dollars ($5,000), whichever is less.
For the purposes of this section, "contribution" means monetary donations reduced by the value of any benefit received in return such as food, entertainment or merchandise.
For the purposes of this section, "institution of higher learning" means only an educational institution located within this state meeting all of the following requirements:
(a) It maintains a regular faculty and curriculum and has a regularly enrolled body of students in attendance at the place where its educational activities are carried on.
(b) It regularly offers education above the twelfth grade.
(c) It is accredited by the northwest commission on colleges and universities.
For the purposes of this section, a nonprofit institution of secondary or higher education means a private nonprofit secondary or higher educational institution located within the state of Idaho, which is accredited by the northwest commission on colleges and universities, or accredited by a body approved by the state board of education. A nonprofit private institution of elementary education means a private nonprofit elementary educational institution located within the state of Idaho and accredited by the state board of education pursuant to section 33-119, Idaho Code.
For the purposes of this section, a nonprofit corporation, fund, foundation, trust or association that invests contributions in an endowment or otherwise shall be subject to the standards of care imposed under section 33-5003, Idaho Code.
History:
[63-3029A, added 1976, ch. 58, sec. 1, p. 198; am. 1977, ch. 249, sec. 1, p. 730; am. 1978, ch. 177, sec. 1, p. 406; am. 1984, ch. 286, sec. 14, p. 660; am. 1986, ch. 219, sec. 1, p. 557; am. 1987, ch. 304, sec. 1, p. 644; am. 1992, ch. 10, sec. 1, p. 16; am. 1994, ch. 211, sec. 1, p. 667; am. 1998, ch. 59, sec. 1, p. 216; am. 1999, ch. 361, sec. 1, p. 956; am. 2001, ch. 370, sec. 1, p. 1294; am. 2006, ch. 235, sec. 31, p. 718; am. 2010, ch. 274, sec. 1, p. 711; am. 2010, ch. 354, sec. 2, p. 930; am. 2013, ch. 40, sec. 1, p. 82; am. 2013, ch. 40, sec. 2, p. 84; am. 2015, ch. 209, sec. 1, p. 656; am. 2015, ch. 209, sec. 5, p. 658; am. 2016, ch. 78, sec. 1, p. 255; am. 2016, ch. 78, sec. 3, p. 256; am. 2018, ch. 33, sec. 1, p. 61; am. 2018, ch. 33, sec. 2, p. 63.]
Structure Idaho Code
Title 63 - REVENUE AND TAXATION
Section 63-3002 - DECLARATION OF INTENT.
Section 63-3003 - DEFINITIONS.
Section 63-3004 - INTERNAL REVENUE CODE.
Section 63-3006 - CORPORATION.
Section 63-3006A - LIMITED LIABILITY COMPANY — CLASSIFICATION AND TAXATION.
Section 63-3006B - PARTNERSHIP.
Section 63-3006C - PASS-THROUGH ENTITY.
Section 63-3010 - 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 63-3013A - PART-YEAR RESIDENT.
Section 63-3014 - NONRESIDENT.
Section 63-3015 - ESTATES AND TRUSTS.
Section 63-3016 - PAID OR INCURRED AND PAID OR ACCRUED.
Section 63-3021 - NET OPERATING LOSS.
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 63-3022G - 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 63-3022M - EXPENSES AND INTEREST RELATING TO TAX EXEMPT INCOME.
Section 63-3022N - MARRIAGE PENALTY ADJUSTMENT.
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 63-3026 - COMPUTING IDAHO TAXABLE INCOME OF RESIDENT 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 63-3027B - 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 63-3029F - 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 63-3029P - 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 63-3035A - 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 63-3044 - 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 63-3076 - PENALTY FOR DIVULGING INFORMATION.
Section 63-3077 - INFORMATION FURNISHED TO CERTAIN OFFICIALS.
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 63-3078 - 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.