IDAPA 35.01.02.136 — REBATES PAID TO CERTAIN REAL ESTATE DEVELOPERS (RULE 136)

01.
Rebate of Sales Tax. Section 63-3641, Idaho Code, provides for a rebate of sales taxes to be paid
to real estate developers who build a qualifying retail complex at a cost of four million dollars ($4,000,000) or more
and who expend more than six million dollars ($6,000,000) for the installation of a highway interchange or for
improvements on a highway. For the purposes of this rule, the term "qualifying shopping center" is a qualifying retail
complex as specified by Section 63-3641, Idaho Code.
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02.
Qualifying Shopping Center Location. Qualified retailers located in a qualifying shopping center
apply for a separate sellers' permit and report sales separately for that location. For instance, if a retailer has multiple
stores in Idaho it files a separate return for any store located in a qualifying shopping center. A retailer who ceases
operation in a qualifying shopping center notifies the Commission and cancels the sellers' permit for that location.
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IDAHO ADMINISTRATIVE CODE
IDAPA 35.01.02
State Tax Commission
Idaho Sales & Use Tax Administrative Rules
Section 137
Page 123
03.
Confidential Information. Information about an individual store's sales or aggregate sales for
stores located in a qualifying shopping center is confidential and may not be released to the public.
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04.
Developer Responsibilities. The developer of a qualifying shopping center provides the names and
taxpayer identification numbers of the stores located in the shopping center to the Commission. The developer also
notifies the Commission whenever a new retailer begins operation or when a retailer ceases operations in a qualifying
shopping center.
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05.
Certifying Expenditures Prior to Rebate Payment. No rebate will be paid unless the Idaho
Department of Transportation or an appropriate political subdivision of the state of Idaho has certified as to the
amounts expended and that the expenditures were made for the purpose of constructing approved transportation
improvements.
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06.
Disposition of Revenue from a Qualifying Shopping Center. The Commission will deposit sixty
percent (60%) of the sales and use tax reported by qualifying retailers in the demonstration pilot project fund after a
developer has:
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a.
Identified the location and boundaries of the retail complex;
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b.
Identified the qualified retailers making retail sales within the complex; and
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c.
Verified that it has met the expenditure requirements of Subsection 136.01 of this rule.
(3-31-22)