Idaho Administrative Code
Title IDAPA 35 - Tax Commission, State
Rule 35.01.02 - IDAHO SALES AND USE TAX ADMINISTRATIVE RULES
Section 35.01.02.136 - REBATES PAID TO CERTAIN REAL ESTATE DEVELOPERS

Universal Citation: ID Admin Code 35.01.02.136

Current through September 2, 2024

01. Rebate of Sales Tax. Section 63-3641, Idaho Code, provides for a rebate of sales taxes to be paid to real estate developers who build a qualifying retail complex at a cost of four million dollars ($4,000,000) or more and who expend more than six million dollars ($6,000,000) for the installation of a highway interchange or for improvements on a highway. For the purposes of this rule, the term "qualifying shopping center" is a qualifying retail complex as specified by Section 63-3641, Idaho Code.

02. Qualifying Shopping Center Location. Qualified retailers located in a qualifying shopping center apply for a separate sellers' permit and report sales separately for that location. For instance, if a retailer has multiple stores in Idaho it files a separate return for any store located in a qualifying shopping center. A retailer who ceases operation in a qualifying shopping center notifies the Commission and cancels the sellers' permit for that location.

03. Confidential Information. Information about an individual store's sales or aggregate sales for stores located in a qualifying shopping center is confidential and may not be released to the public.

04. Developer Responsibilities. The developer of a qualifying shopping center provides the names and taxpayer identification numbers of the stores located in the shopping center to the Commission. The developer also notifies the Commission whenever a new retailer begins operation or when a retailer ceases operations in a qualifying shopping center.

05. Certifying Expenditures Prior to Rebate Payment. No rebate will be paid unless the Idaho Department of Transportation or an appropriate political subdivision of the state of Idaho has certified as to the amounts expended and that the expenditures were made for the purpose of constructing approved transportation improvements.

06. Disposition of Revenue from a Qualifying Shopping Center. The Commission will deposit sixty percent (60%) of the sales and use tax reported by qualifying retailers in the demonstration pilot project fund after a developer has:

a. Identified the location and boundaries of the retail complex;

b. Identified the qualified retailers making retail sales within the complex; and

c. Verified that it has met the expenditure requirements of Subsection 136.01 of this rule.

Effective March 31, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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