IDAPA Title 35 — Idaho State Tax Commission Rules
IDAPA 35.01.01.942 — IDAHO SMALL EMPLOYER INCENTIVE ACT OF 2005 AS MODIFIED BY 2006
LEGISLATION: SMALL EMPLOYER TAX INCENTIVE CRITERIA (RULE 942).
Section 63-4402, Idaho Code
01.
In General. The small employer tax incentive criteria are the minimum requirements a taxpayer
must meet in order to be eligible for small employer tax incentives. To meet the small employer tax incentive criteria,
a taxpayer must satisfy the following requirements at the project site, during the project period:
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a.
Making capital investment in new plant and building facilities totaling five hundred thousand
dollars ($500,000) or more;
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b.
Increasing employment by at least ten (10) new employees who meet the requirements of Section
63-4402(2)(j)(ii)(1), Idaho Code;
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c.
Employment increases more than the ten (10) new employees described in Paragraph 942.01.b. of
this rule will meet the requirements of Section 63-4402(2)(j)(ii)(2), Idaho Code; and
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d.
Once the increase in employment has been reached, maintaining that increased employment in
Idaho for the remainder of the project period.
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02.
Certification. A taxpayer is to certify that he has met, or will meet, the small employer tax
incentive criteria before he can claim any of the small employer tax incentives. Certification is accomplished by filing
the applicable form as prescribed by the Tax Commission. The certification form includes the following information
and be filed with the Tax Commission prior to claiming any of the small employer tax incentives:
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a.
A description of the qualifying project;
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b.
The estimated or actual start date of the project;
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c.
The estimated or actual end date of the project;
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d.
The location of the project site or sites;
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e.
The estimated or actual number of new jobs created during the project period; and
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f.
The estimated or actual cost of capital investment in new plant and building facilities for each year
in the project period.
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03.
Copy of Certification Form Required. A copy of the certification form will be attached to the
Idaho income tax return for each taxable year that a small employer income tax incentive is claimed or carried over.
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Source: official text