01.
In General. Section
63-3022O, Idaho Code, requires
that when computing Idaho taxable income, the amount of the adjusted basis of
depreciable property, depreciation, and gains and losses from the sale,
exchange, or other disposition of depreciable property acquired after September
10, 2001, and before December 31, 2007, or acquired after December 31, 2009,
must be computed without regard to bonus depreciation allowed by Section
168(k), Internal
Revenue Code. To meet this requirement, a taxpayer must be consistent in making
the Idaho adjustments required for all the taxable years in which federal bonus
depreciation is claimed. The adjustments required by this rule do not apply to
property acquired after 2007 and before 2010. (4-6-23)
02.
Depreciation. (4-6-23)
a. If a taxpayer makes the Idaho addition in
the first taxable year bonus depreciation was claimed for federal income tax
purposes, in the subsequent taxable years the taxpayer is entitled to the Idaho
subtractions for the additional depreciation computed for Idaho income tax
purposes that exceeds the amount of depreciation claimed for federal income tax
purposes. (4-6-23)
b. If a taxpayer
fails to make the Idaho addition in the first taxable year bonus depreciation
was claimed for federal income tax purposes, the taxpayer is not entitled to
claim the Idaho subtractions for additional depreciation in subsequent taxable
years. In such instances, claiming an Idaho subtraction for additional
depreciation when the first year Idaho addition was not claimed constitutes
computing depreciation with regard to Section
168(k), Internal
Revenue Code, which is specifically prohibited in Section
63-3022O(1),
Idaho Code. For example, the Idaho addition is required for a taxable year when
the bonus depreciation is claimed even though the taxpayer may be limited in
claiming a passive loss from a pass-through entity in which the bonus
depreciation arose. If the bonus depreciation is not added back in that taxable
year, the Idaho subtractions are not allowed in the subsequent taxable years.
(4-6-23)
c. The Idaho adjustments
are required in all taxable years in which the taxpayer has an Idaho filing
requirement or is a member of a combined group of corporations in which at
least one member has an Idaho filing requirement. If the taxpayer is not
required to file an Idaho income tax return for one (1) or more years in which
depreciation may be claimed, the taxpayer may claim the Idaho adjustment in the
taxable years in which an Idaho return is filed if all such taxable years are
treated consistently. (4-6-23)
d.
Example. A corporation transacted business in California and Oregon during
taxable year 2003. In 2004, the taxpayer began transacting business in Idaho
and was required to file an Idaho corporation income tax return for that year.
On the federal return filed for 2003, the taxpayer claimed bonus depreciation
for assets placed in service that year. Because the taxpayer was not required
to file an Idaho corporation income tax return for 2003, there was no Idaho
bonus depreciation addition required of the taxpayer. In 2004, the second year
of deprecation for the assets placed in service in 2003, the taxpayer was
required for Idaho income tax purposes to compute depreciation on the assets as
if bonus depreciation had not been claimed. The difference in the amount of
Idaho depreciation and the depreciation claimed for federal income tax purposes
for 2004 would be allowed to the taxpayer as an Idaho subtraction since the
taxpayer was required to file an Idaho corporation income tax return for that
year. Assuming the taxpayer files an Idaho corporation income tax return for
the remaining years when depreciation on the assets is allowed, the taxpayer
will be allowed the Idaho subtraction in those years for the difference in the
Idaho and federal depreciation amounts. If the corporation transacted business
in Idaho during 2003 only, the return filed for that year should reflect the
Idaho addition for the difference in the amount of Idaho depreciation and the
depreciation claimed for federal income tax purposes, even though the
subtractions will not apply in subsequent years. (4-6-23)