IDAPA 35.02.01.400 — PENALTIES: GENERAL RULES

Sections 63-3033, 63-3046, Idaho Code
01.
Penalty Presumed Appropriate. If a taxpayer becomes liable to pay the Internal Revenue Service
a penalty similar to one provided in Section 63-3046, Idaho Code, it shall be presumed the penalty is appropriate as
part of the related state tax deficiency.
(3-15-22)
02.
Computation of Tax Due Amounts for Failure to File, Failure to Pay, Delinquent Filing,
Substantial Understatement, and Extension Penalties. For purposes of computing the failure to file, failure to pay,
substantial understatement, or delinquent filing penalties, provided by Section 63-3046, Idaho Code, and the penalty
for failing to meet the extension criteria, provided by Section 63-3033, Idaho Code, the terms tax shown thereon to be
due, tax required to be shown on the return, tax due on such return, and the amount on which the extension penalty is
applied shall mean amounts computed as follows:
(3-15-22)
a.
Include the income tax, the permanent building fund tax, tax from recapture of Idaho income tax
credits, income tax credits, and any payments for these taxes for that year.
(3-15-22)
b.
Exclude items reported on the income tax return that are not included in Title 63, Chapter 30, Idaho
Code, such as sales or use tax due, fuels tax due, and special fuels or gasoline tax refunds.
(3-15-22)
03.
Net Operating Loss and Capital Loss Carrybacks. If the tax due for the taxable year is reduced
after the application of a net operating loss carryback or a capital loss carryback, the penalty shall be computed on the
tax due prior to the application of the carryback.
(3-15-22)
IDAHO ADMINISTRATIVE CODE
IDAPA 35.02.01
State Tax Commission
Administration and Enforcement Rules
Section 410
Page 11