63-3030. PERSONS REQUIRED TO MAKE RETURNS OF INCOME. (a) Returns with respect to taxes measured by income in this chapter shall be made by the following:

(1) Every resident individual required to file a federal return under section 6012(a)(1) of the Internal Revenue Code.

(2) Any nonresident individual having for the current taxable year a gross income from Idaho sources in excess of two thousand five hundred dollars ($2,500), or any part-year resident individual having for the current taxable year a gross income from all sources while domiciled in or residing in Idaho, and from Idaho sources while not domiciled in and not residing in Idaho, which in total are in excess of two thousand five hundred dollars ($2,500);

(3) Every corporation which is transacting business in this state, authorized to transact business in this state or having income attributable to this state, unless exempt from the tax imposed in this chapter;

(4) Every corporation reporting as an S corporation pursuant to Internal Revenue Code sections 1361 through 1379 to the federal government, which is transacting business in this state, or is authorized to transact business in this state. A corporation which is reporting as an S corporation to the federal government must report to the state of Idaho as an S corporation for and during the same period or periods in which its election to report as such a corporation is effective for federal tax purposes and must identify itself as an S corporation on its income tax return filed with this state;

(5) Every estate, the residence of which estate is in Idaho, having a gross income of six hundred dollars ($600) or more for the current taxable year;

(6) Every estate, the residence of which is in a state other than Idaho, having a gross income from Idaho sources in excess of six hundred dollars ($600);

(7) Every trust required to file a federal return under the Internal Revenue Code, the residence of which trust is in Idaho, having gross income of one hundred dollars ($100) or more for the current taxable year;

(8) Every trust required to file a federal return under the Internal Revenue Code, the residence of which is in a state other than Idaho, having a gross income from Idaho sources in excess of one hundred dollars ($100);

(9) Every partnership which transacts business in this state. Such return shall be a supplemental information return and shall include the names and addresses of the persons who would be entitled to share in the net income of the partnership if distributed and the amount of the distributive share of each person. Such return shall be signed by one (1) of the partners.

(b) Returns of fiduciaries and receivers:

(1) Fiduciaries and receivers shall file returns with the state tax commission in accordance with the provisions of section 6012(b) of the Internal Revenue Code.

History:

[63-3030, added 1959, ch. 299, sec. 30, p. 613; am. 1961, ch. 328, sec. 13, p. 622; am. 1967, ch. 294, sec. 5, p. 828; am. 1970, ch. 222, sec. 7, p. 621; am. 1971, ch. 302, sec. 3, p. 1242; am. 1973, ch. 100, sec. 1, p. 168; am. 1977, ch. 85, sec. 1, p. 174; am. 1981. ch. 291, sec. 1, p. 610; am. 1987, ch. 93, sec. 6, p. 184; am. 1987, ch. 315, sec. 1, p. 658; am. 1989, ch. 181, sec. 4, p. 455; am. 1993, ch. 3, sec. 3, p. 12; am. 1994, ch. 39, sec. 3, p. 62; am. 1995, ch. 111, sec. 31, p. 373; am. 1996, ch. 37, sec. 1, p. 100; am. 1998, ch. 51, sec. 1, p. 202; am. 2000, ch. 26, sec. 5, p. 49.]