LEGISLATURE OF THE STATE OF IDAHO

Sixty-fourth Legislature First Regular Session 2018

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3 AN ACT
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5 RELATING TO INCOME TAXATION; AMENDING SECTION 63-3029FF, IDAHO CODE, TO PROVIDE
6 AN INCOME TAX CREDIT FOR VOLUNTARY CHARITABLE CONTRIBUTIONS MADE TO QUALIFIED
7 CHARITABLE ORGANIZATIONS INCORPORATED IN THE STATE OF IDAHO.

8 Be it Enacted by the Legislature of the State of Idaho:

9 SECTION 1. That Section 63-3029FF, Idaho Code, be, and the same is hereby amended to
10 read as follows:

11 63-3029FF. IDAHO UNIVERSAL CHARITABLE CREDIT LIMITATION. At the

12 election of the taxpayer, there shall be allowed, subject to the applicable limitations
13 provided herein, as a credit against the income tax imposed by chapter 30, title 63,
14 Idaho Code, an amount not to exceed $500 for single filers, or $1,000 for joint filers, for
15 voluntary cash contributions to nonprofit corporations which are qualified to be exempt
16 from federal taxation under the terms of section 501(c)(3) of the Internal Revenue Code,
17 and incorporated in the State of Idaho, for the express purpose of permitting taxpayers
18 to direct a portion of their state income tax liability to qualified charitable
19 organizations resulting in significant financial and civic benefits for our state.

20 (1) In the case of a taxpayer, the amount allowable as a credit under this section for any
21 taxable year shall not exceed taxpayer's total income tax liability imposed by section 63-
22 3024, Idaho Code, for the year, or five hundred dollars ($500), whichever is less.

23 (2) The credit allowed by this section is in lieu of a deduction pursuant to section 170 of
24 the Internal Revenue Code and taken for state tax purposes.

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 LEGISLATURE OF THE STATE OF IDAHO
Sixty-fourth Legislature First Regular Session 2018
1 (3) Taxpayers taking a credit authorized by this section shall provide the name of each
2 qualifying charitable organization and the amount of the contribution to the
3 department of revenue on forms provided by the department.

4 (4) The department of revenue shall compile and make available to the public a list of
5 qualified charitable organizations.

6 (5) Taxpayers choosing to make donations through an umbrella charitable organization

7 that collects donations on behalf of member charities shall designate that the donations
8 be directed to a member charitable organization that would qualify under this section
9 on a stand-alone basis.

10 (6) A credit granted under this article shall not be carried back or refunded.

11 For the purposes of this section, "qualified charitable organizations" means charitable
12 organizations that are exempt from federal income taxation under section 501(c)(3) of the
13 internal revenue code, not under suspension per section 501(p) of the internal revenue code, or
14 revocation per the Internal Revenue Bulletin at the time of the contribution, incorporated in
15 the State of Idaho, and in good standing with the Idaho Department of Revenue.

16 For the purposes of this section, a nonprofit corporation, fund, foundation, trust or
17 association that invests contributions in an endowment or otherwise shall be subject to the
18 standards of care imposed under section 33-5003, Idaho Code.

19 SECTION 2. This act applies retroactively to taxable years beginning from and after
20 December 31, 2017.
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