Personal Property Exemption – What Needs to Change
Richard G. Smith Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701‐1617
The System is Still Difficult to Administer •
Yes, fewer taxpayers now pay the tax
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But even for them, there are administrative issues, old and new
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For everyone else, the same issues as before, plus a few more.
The Tax is Still Not Fair, or Rational • Over time, almost all taxpayers have become exempt • From 1901 to 2013, now even smaller businesses are fully exempt • This leaves only larger businesses paying all the taxes assessed on personal property • This is not fair ….
The Tax is Not Rational • … Nor is it rational • Bigger businesses create most of the employment and growth – 4% of Idaho’s businesses – about 1800 companies ‐‐ employ about 51% of the workers – If we want to stimulate growth in Idaho, we should not freeze out larger businesses
• The current exemption is de minimus for a business of any size
The System is Not Uniform • The pre‐2013 exemption excluded operating property – unconstitutional • The current law includes operating property but the Tax Commission’s new rule excludes it again • The definition of “personal property” needs to be fixed. – Railroad tracks and pipeline are not real property
The Fix Expand the exemption to all personal property, for all taxpayers
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Over time, if necessary
Recognize a reasonable and fair definition of “personal property” – For operating property, it is logical to use the percentages for each industry developed in cooperation with the Tax Commission
Thank you! Richard G. Smith 208.388.4932
[email protected] www.hawleytroxell.com