IDAPA 35.01.01.872 — REPORTING AND PAYING STATE INCOME TAX WITHHOLDING (RULE 872)

Sections 63-3035 and 63-3036, Idaho Code
01.
Payment of State Income Tax Withheld.
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a.
In General. An employer must remit monthly any state income tax withheld. These monthly
payments are due on or before the 20th day of the following month. However, employers who owe seven hundred
fifty dollars ($750) or less per calendar quarter may, at the discretion of the Tax Commission, be allowed to remit the
tax withheld on or before the last day of the month following the end of the quarter. Employers who owe less than
seven hundred fifty dollars ($750) annually may be allowed to remit the tax withheld annually on or before January
31. When a filing cycle is changed, the change will take effect on January 1 of the following year.
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b.
Semimonthly Filers.
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i.
An employer who withholds state income taxes that meet or exceed the monthly or annual
threshold amounts provided in Section 63-3035, Idaho Code, and listed in Subparagraph 872.01.b.ii., of this rule, will
remit the tax withheld based on semimonthly withholding periods. The first semimonthly withholding period begins
on the first day of the month and ends on the 15th day of the same month with payment made no later than the 20th
day of the same month. The second period begins on the 16th day of the month and ends on the last day of the same
month with payment made no later than the fifth day of the following month.
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ii.
Threshold amounts:
IDAHO ADMINISTRATIVE CODE
IDAPA 35.01.01
Idaho State Tax Commission
Income Tax Administrative Rules
Section 873
Page 117
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iii.
An employer who meets the threshold amounts provided in Section 63-3035, Idaho Code, and
listed in Subparagraph 872.01.b.ii. of this rule, but only has one (1) monthly pay period, may request approval by the
Tax Commission to pay and report monthly. The request should include verification of monthly payroll.
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c.
Farmer-Employers. Generally an employer who is a farmer will remit state income tax withheld on
or before the last day of January. However, an employer who is a farmer will remit the state income tax withheld on
or before the last day of the month following the end of the quarter if he is a covered employer required to file with
the Department of Commerce and Labor.
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02.
Filing of Annual Reconciliation Returns.
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a.
In General. An employer must file an annual reconciliation return for any calendar year in which
the employer had an active Idaho withholding account or withheld Idaho income taxes. Such return will:
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i.
Report payroll paid during the preceding calendar year; and
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ii.
Reconcile the state income tax withheld during the preceding calendar year with the tax remitted
for the preceding calendar year.
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b.
Due Date of Reconciliation Returns. The annual reconciliation return must be filed with the Forms
W-2 on or before such date as required for filing of the W-2. See Rule 874 of these rules. The Tax Commission may
require a shorter filing period and due date.
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c.
Zero Tax Returns. For reporting periods in which the employer had no payroll or withheld no tax,
the annual reconciliation return must be completed and filed by the due date.
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03.
Extension of Time to Pay or File Returns. The Tax Commission may allow a one (1) month
extension of time to make a monthly or quarterly payment or to file the annual reconciliation return.
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a.
The employer must file a written request by the due date of the payment or annual reconciliation
return that identifies the reason for the extension and includes the required minimum payment. The minimum
payment must be at least ninety percent (90%) of the tax withheld for the period or one hundred percent (100%) of
the tax withheld for the same period of the prior year.
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b.
The employer must file the annual reconciliation return within one (1) month of the due date. The
tax paid with the extension request must be shown on the payment line of the return. Interest from the due date
applies to any additional tax due.
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04.
Valid Returns. All withholding returns and other documents required to be filed pursuant to
Sections 63-3035 and 63-3036, Idaho Code, and this rule will be filed using the proper forms as prescribed by the Tax
Commission. The forms will include the taxpayer's name, signature, withholding account number, and federal
employer identification number. Returns that fail to meet these requirements are invalid and may be returned to the
taxpayer to be refiled. Failure to file a valid return by the due date may cause interest and penalties to be imposed.
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