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     Idaho Statutes

[No Title]
TITLE 63
REVENUE AND TAXATION
CHAPTER 36
SALES TAX
 63-3622O. Exempt private and public organizations. (1) There are exempted from the taxes imposed by this chapter:
(a)  Sales to or purchases by hospitals, health-related entities, educational institutions, forest protective associations and canal companies which are nonprofit organizations; and
(b)  Donations to, sales to, and purchases by the Idaho Foodbank Warehouse, Inc.; and
(c)  Donations to, sales to, and purchases by food banks or soup kitchens of food or other tangible personal property used by food banks or soup kitchens in the growing, storage, preparation or service of food, but not including motor vehicles or trailers; and
(d)  Sales of clothes to, donations of clothes to, and purchases of clothes by nonsale clothiers; and
(e)  Sales to or purchases by centers for independent living; and
(f)  Sales to or purchases by the state of Idaho and its agencies and its political subdivisions; and
(g)  Sales to or purchases by volunteer fire departments or licensed emergency medical service agencies; and
(h)  Sales to or purchases by a qualifying senior citizen center; and
(i)  Sales to or purchases by the Blind Services Foundation, Inc.; and
(j)  Donations to, sales to or purchases by the Advocates for Survivors of Domestic Violence and Sexual Assault, Inc., a nonprofit corporation; and
(k)  Sales to or purchases by nonprofit organizations offering free dental clinic services to children; and
(l)  Admissions to and purchases by museums, as defined in subsection (2) of this section.
(2)  As used in this section, these words shall have the following meanings:
(a)  "Educational institution" shall mean nonprofit colleges, universities, public charter schools organized pursuant to chapter 52, title 33, Idaho Code, the Idaho digital learning academy established pursuant to chapter 55, title 33, Idaho Code, and other primary and secondary schools, the income of which is devoted solely to education and in which systematic instruction in the usual branches of learning is given. This definition does not include schools primarily teaching business, dancing, dramatics, music, cosmetology, writing, gymnastics, exercise and other special accomplishments nor parent-teacher associations, parent groups, alumni or other auxiliary organizations with purposes related to the educational function of an institution or collective group of institutions.
(b)  "Hospital" shall include nonprofit institutions licensed by the state for the care of ill persons. It shall not extend to nursing homes or similar institutions.
(c)  "Health-related entities" shall mean the Idaho Cystic Fibrosis Foundation, Idaho Epilepsy League, Idaho Lung Association, March of Dimes, American Cancer Society, Mental Health Association, The Arc, The Children's Home Society of Idaho, American Heart Association, Idaho Ronald McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dystrophy Foundation, National Multiple Sclerosis Society, Rocky Mountain Kidney Association, American Diabetes Association, Easter Seals, Idaho Community Action Agencies, Idaho Primary Care Association and community health centers who are members of the Idaho Primary Care Association, the Idaho Diabetes Youth Programs, Special Olympics Idaho, the Idaho Women's and Children's Alliance, and the Family Services Alliance of Southeast Idaho, together with said entities' local or regional chapters or divisions.
(d)  "Canal companies" shall include nonprofit corporations which are incorporated solely for the purpose of operating and maintaining and are engaged solely in operation and maintenance of dams, reservoirs, canals, lateral and drainage ditches, pumps or pumping plants.
(e)  "Forest protective associations" shall mean associations whose purpose is the furnishing, operating and maintaining of a protective system for the detection, prevention and suppression of forest or range fires. Forest protective associations shall include only those associations with which the state of Idaho has contracted or become a member of pursuant to chapter 1, title 38, Idaho Code.
(f)  "Food banks or soup kitchens" shall mean any nonprofit corporation or association, other than the Idaho Foodbank Warehouse, Inc., one of whose regular activities is the furnishing or providing of food or food products to others without charge.
(g)  "Nonsale clothier" shall mean any nonprofit corporation or association, one of whose primary purposes is the furnishing or providing of clothes to others without charge.
(h)  "Clothes" shall mean garments in general, designed or intended to be worn by humans and shall include footwear in addition to wearing apparel.
(i)  "Center for independent living" shall mean a private, nonprofit, nonresidential organization in which at least fifty-one percent (51%) of the principal governing board, management and staff are individuals with disabilities and that:
(i)   Is designed and operated within a local community by individuals with disabilities;
(ii)  Provides an array of independent living services and programs; and
(iii) Is cross-disability.
(j)  "Political subdivision" means:
(i)    A governmental organization which:
1.  Embraces a certain territory,
2.  Is organized for public advantage and not in the interest of private individuals or classes,
3.  Has been delegated functions of government, and
4.  Has the statutory power to levy taxes; or
(ii)   A public health district created by section 39-408, Idaho Code; or
(iii)  A soil conservation district as defined in section 22-2717, Idaho Code; or
(iv)   A drainage district created pursuant to chapter 29, title 42, Idaho Code; or
(v)    An irrigation district created pursuant to title 43, Idaho Code; or
(vi)   A state grazing board created by section 57-1204, Idaho Code; or
(vii)  A water measurement district created pursuant to section 42-705 or 42-706, Idaho Code; or
(viii) A ground water management district created pursuant to chapter 51, title 42, Idaho Code.
(k)  "Agency of the state of Idaho" shall mean an office or organization created by the constitution or statutes of this state and constituting a component part of the executive, judicial or legislative branch of the government of this state.
(l)  "Volunteer fire department" means an entity exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code and which primarily provides fire protection, or fire prevention on a not-for-profit basis to surrounding residents.
(m)  "Licensed emergency medical service agency (EMS)" means an emergency medical service licensed by the EMS bureau of the department of health and welfare and which is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code and which provides emergency medical services on a not-for-profit basis to surrounding residents.
(n)  "Qualifying senior citizen center" means an entity exempt from income tax pursuant to section 501(c)(3) of the Internal Revenue Code and which is a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health, including mental health, social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals.
(o)  "Museum" means a public institution or an entity exempt from income tax pursuant to section 501(c)(3) of the Internal Revenue Code, which stores, preserves and exhibits objects of art, history, science or other objects of historical, educational or cultural value on a permanent basis in a building, portion of a building or outdoor location and which provides museum services to the public on a regular basis.
(3)  The exemption granted by subsection (1)(f) of this section does not include any association or other organization whose members are political subdivisions or state agencies unless the organization is expressly created under the joint powers provision of sections 67-2328 through 67-2333, Idaho Code.
(4)  The exemptions granted by subsection (1) of this section do not include the use of tangible personal property by a contractor used to improve real property of an exempt entity when such use is within the definition provided by section 63-3615(b), Idaho Code, whether the use tax liability is included in a contract total or stated separately in a contract.
(5)  There is exempted from the taxes imposed in this chapter, the renting of a place to sleep to an individual by the Idaho Ronald McDonald House.

History:
[63-3622O, added 1984, ch. 239, sec. 2, p. 576; am. 2007, ch. 90, sec. 26, p. 263; am. 2008, ch. 172, sec. 1, p. 472.]

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