IDAPA 35.01.05.311 — IFTA LICENSE BOND

Sections 63-2442A, 63-2470, Idaho Code
01.
General. The Tax Commission may compel an IFTA licensee to post a bond following the IFTA
provisions to maintain their license. A bond may be necessary when returns are filed or tax payments are remitted
after the due date at least three times within a three-year period. When a bond is obligated, the licensee will post the
bond within thirty (30) days from the date of the request. If no bond is posted within thirty (30) days, the license is
automatically revoked. Tax may be assessed for any unreported liability.
(7-1-25)
02.
Reinstating Revoked Licenses. An applicant may be obligated to post a bond if they have
previously had their IFTA license revoked or is related to a person who has previously had their IFTA license
revoked. An applicant is related to a person who has previously had their IFTA license revoked when:
(7-1-25)
a.
The person or persons owns at least twenty-five percent (25%) interest in the applicant, or (7-1-25)
b.
The person or persons operates or controls the applicant. Operation and control include, but are not
limited to, an officer or director or other person authorized to engage in the business or commercial activity of the
applicant.
(7-1-25)
03.
Type of Bond. Any type of bond allowed by IFTA or these rules may be secured. The bond amount
is reviewed annually but may be reviewed at any time thereafter. The licensee's returns and records may be reviewed
IDAHO ADMINISTRATIVE CODE
IDAPA 35.01.05
State Tax Commission
Motor Fuels Tax Administrative Rules
Section 320
Page 16
to determine if the bond amount is raised, lowered, or remains unchanged.
(7-1-25)
04.
Bond Waiver Request. The licensee may request a waiver of bond requirement within thirty (30)
days from the approval of the license renewal request. The licensee has to be a quarterly filer. The licensee needs to
have submitted the quarterly returns and paid the tax due by the due date for one calendar year.
(7-1-25)
05.
Denial of Bond Waiver Request and Appeal of Denial. The Tax Commission may deny a bond
waiver request when it determines that waiving the bond puts the financial interests of IFTA jurisdictions in jeopardy.
The licensee needs to follow the appeal procedure in Section 63-2470, Idaho Code, to appeal the denial of a bond
waiver request.
(7-1-25)