Enlarge image | Form 49E 2023 Election to Claim the Qualified Investment Exemption from Property Tax Instead of Investment Tax Credit Use this form to elect the qualified investment exemption (QIE) from property tax for property placed in service during calendar year 2023. Name Social Security number or EIN If this corporation is included in a combined report, enter the name of the corporation the Idaho income tax return is filed under, if different than above. Name EIN Election — I elect to exempt the following property that was placed in service during calendar year 2023 from property tax for 2024 and 2025. I understand I waive my right to claim the investment tax credit on this property at any time. Once I make the election, I can’t change it. I must recapture the property tax benefit if, during the five-year recapture period, the property no longer qualifies as a qualified investment as defined in Idaho Code section 63-3029B. Loss in Second Preceding Tax Year — To qualify for the QIE, you must have had an Idaho income tax loss without regard to net operating loss carryovers or carrybacks in the second preceding tax year from the income tax year you placed the property in service. If you file income tax returns on a fiscal year basis, see the instructions to determine your qualifying loss years. County assessors can check with the Tax Commission to verify you had a loss in the applicable years. List the ending date of your tax years that ended in calendar year 2023 _________________________ If you had a short-period tax year during calendar year 2023 or during the previous two years, include a statement that includes your tax year ending dates. I elect to claim the QIE on the property listed below. The exemption for used property is limited. See instructions. Asset Asset Description County in Which Date Placed Qualifying Loss Year New or Original Cost Number (Describe what the asset is, including make, model, and serial number) Asset Located in Service (List beginning and ending date) Used to to to to to to to to (If additional space is required, complete Page 2.) Under penalties of perjury I affirm that, to the best of my knowledge and belief, the property listed on Form 49E is qualified investment property as defined in Idaho Code section 63-3029B, and that I haven’t or won’t claim the Idaho investment tax credit on the listed property. Signature Date Print Contact Name Contact Phone Number To elect the QIE, you must include this form with the operator’s statement or personal property declarations filed for 2024. You must also include a copy of your original Idaho income tax returns for the tax years in which the property was placed in service. EFO00031 09-18-2023 Page 1 of 2 |
Enlarge image | Form 49E 2023 (continued) Asset Asset Description County in Which Date Placed in Qualifying Loss Year New or Original Cost Number (Describe what the asset is, including make, model, and serial number) Asset Located Service (List beginning and ending date) Used to to to to to to to to to to to to to to to to to to to to to to to to to to (If you need more space, complete additional pages.) EFO00031 09-18-2023 Page 2 of 2 |
Enlarge image | Form 49E — Instructions Election to Claim the Qualified Investment Exemption 2023 from Property Tax Instead of Investment Tax Credit General Instructions To determine whether you had negative Idaho taxable Use Form 49E to elect an exemption from property income in the second preceding income tax year, you tax for personal property instead of earning the must go back two income tax years from the income Idaho investment tax credit (ITC) on the property. tax year when you placed the property in service. For This exemption is referred to on Form 49E and example, if you file income tax returns on a calendar in these instructions as the qualified investment year basis and you placed property in service during exemption (QIE). calendar year 2023, you must have had negative Idaho taxable income for the calendar year 2021 to The QIE is allowed for the two calendar years qualify for the election. A short tax year counts as one that follow the end of the calendar year that the income tax year. qualifying property was placed in service. For example, for property placed in service during If you file income tax returns on a fiscal year-end calendar year 2023, the QIE is available for basis and in one calendar year you placed property calendar years 2024 and 2025. in service in two different fiscal years, you’ll need to determine separately for each fiscal year whether If you elect the QIE, you can’t earn the ITC for Idaho you had negative Idaho taxable income in the second income tax purposes on that property. You can’t preceding income tax year from the tax year the change your election to claim the QIE on property property was placed in service. once you’ve made it. Compute recapture if you sell or otherwise dispose of an item of property that For example, you file income tax returns for the fiscal you claimed the QIE on or if the property no longer year ending August 31. Assuming you had no short tax qualifies during the five-year period starting with years, assets you placed in service from: the date the property was placed in service. Use • January 1, 2023 through August 31, 2023, are Form 49ER to calculate the recapture. assets placed in service during fiscal year ended Include Form 49E with your operator’s statements August 31, 2023. You must have had negative or personal property declarations filed for 2024. Idaho taxable income for the fiscal year ended Include a copy of this form with your original Idaho August 31, 2021, to elect the QIE on any of income tax returns for the income tax years when these assets. the property was placed in service. If you submit • September 1, 2023 through December 31, 2023, multiple Forms 49E to one or more assessors, are assets placed in service during fiscal year include a copy of each Form 49E with the ended August 31, 2024. You must have had applicable year’s income tax returns. negative Idaho taxable income for the fiscal year ended August 31, 2022, to elect the QIE on any Qualifying Taxpayers of these assets. To qualify for the QIE, you must: If you’re part of a unitary group of corporations filing a • Not have your rate of charge or rate of return combined report for Idaho income tax purposes, you regulated or limited by federal or state law, and must look to your Idaho taxable income as computed • Have had negative Idaho taxable income in according to Idaho Code section 63-3027 to determine the second preceding income tax year from whether you had negative Idaho taxable income in the income tax year in which you placed the the second preceding tax year. This will be computed property in service by applying your Idaho apportionment factor to the Negative Idaho taxable income is computed for a combined income or loss for that year and including year before applying any net operating losses from your income or loss allocated to Idaho. other years that you may be able to carry forward or The following table provides examples of determining carry back to that year. Such negative income must the second preceding income tax year. The second coincide with you doing business in Idaho during the and fourth examples show how you determine the same second preceding income tax year from the second preceding tax year when you have a short tax date you placed the property in service. period that results from a change in income tax years. EIN00031 09-18-2023 Page 1 of 4 |
Enlarge image | Form 49E — Instructions 2023 (continued) Tax Year Property First Preceding Second Preceding Placed in Service Tax Year Tax Year Calendar year 2023 Calendar year 2022 Calendar year 2021 Calendar year 2023 Calendar year 2022 Short tax year beginning Feb. 1, 2021 and ending Dec. 31, 2021 Fiscal year beginning Sept. 1, 2022 Fiscal year beginning Sept. 1, 2021 Fiscal year beginning Sept. 1, 2020 and ending Aug. 31, 2023 and ending Aug. 31, 2022 and ending Aug. 31, 2021 Fiscal year beginning Sept. 1, 2022 Short tax year beginning Jan. 1, 2022 Calendar year 2021 and ending Aug. 31, 2023 and ending Aug. 31, 2022 Qualifying Property Denial of QIE The following is a brief description of qualifying If the QIE is denied for all or part of the market value property. For more detailed information, call the Tax of any property, the county assessor will notify you Commission at (208) 334-7660 in the Boise area or with the reason for the denial. toll free at (800) 972-7660. Specific Instructions General Information Heading The QIE is available only on property that qualifies Enter the name that’s used on your personal property for the Idaho ITC. Idaho generally follows the declaration or operator’s statement. definition of qualified investment credit property found in the Internal Revenue Code (IRC) Sections Enter your Social Security number or your federal 46 and 48 as in effect prior to 1986. The property Employer Identification Number, whichever is must be used in Idaho the first year it’s placed applicable, in the space provided. If you were in service. included in a combined report, enter the name of the corporation the Idaho income tax return is filed under Qualifying property generally includes: and its federal Employer Identification Number. • Tangible personal property – machinery and equipment Loss in Second Preceding Tax Year You must have had negative Idaho taxable income not • Other tangible property including net operating loss carryovers or carrybacks Property used as an integral part of in the second preceding tax year from the income manufacturing, production, extraction, or tax year you placed the property in service. In the Furnishing transportation, communications space provided, enter the last day of your income or utility services, or tax year that ended in calendar year 2023. For Research facilities and bulk storage facilities example, if you’re a calendar year taxpayer, enter used in connection with those businesses December 31, 2023. If you’re a fiscal year taxpayer, • Elevators and escalators enter the last day of the fiscal year that ended during 2023. If you had two income tax filing periods that • Single-purpose agricultural or horticultural ended during 2023, enter both ending dates. structures If during calendar year 2023 or the previous two • Qualified timber property years you had a short-period tax year for income • Petroleum storage facilities tax purposes, include a statement that lists the • Qualified broadband equipment as approved ending dates for each income tax filing period by the Idaho Public Utilities Commission during that two-year period. For example, if during Items that don’t qualify include: 2022 you changed from filing income tax returns on a calendar year basis to filing them on a June 30 • Buildings and their structural components year-end basis, include a schedule identifying the • Property used in certain lodging facilities tax year ending dates as December 31, 2021, and • Construction in progress June 30, 2022. • The cost of property expensed EIN00031 09-18-2023 Page 2 of 4 |
Enlarge image | Form 49E — Instructions 2023 (continued) Listing of Property Elected If you didn’t use the asset in Idaho during the first year Designate each specific asset and its location the property was placed in service, the asset doesn’t you’re claiming the QIE on. Group listings of assets qualify. For example, if you purchased the asset in won’t be accepted. If you can’t list all the elected 2021 and used the asset outside of Idaho until moving assets on page 1, use additional copies of page 2 it to Idaho to use during 2023, the asset won’t qualify as needed. for the QIE. Asset Number Qualifying Loss Year Enter the asset’s assigned identification number. Enter the beginning and ending dates of the qualifying loss year. This must be the second preceding income Asset Description tax year from the income tax year in which the Enter a description of the asset. The description property is placed in service. must be detailed enough to identify what the property is and to determine if it qualifies. If the If you file your income tax returns on a calendar year make, model, or serial number isn’t available, basis, and you didn’t have any short-period tax years include other identifying information that will during the previous two years, enter January 1, 2021 describe the asset. to December 31, 2021. If you didn’t have negative Idaho taxable income for 2021, you can’t make the Asset Location election on property placed in service during 2023. Enter the county where the asset is located. If the If you file your income tax returns on a fiscal year property is used in more than one county, enter the basis, or you had a short-period income tax year, you home county where the asset is located. may have two different qualifying loss years. Identify If you’re claiming the QIE on used property, notify the applicable qualifying loss year for each asset. all counties where you’re claiming the QIE of the If you’re an S corporation or partnership, your net amount of used property elected. You can do this in business income apportioned to Idaho plus the one of two ways: nonbusiness income or loss allocated to Idaho for the • Include copies of all Forms 49E that list used second preceding income tax year must be negative. property to the personal property declaration sent to each county, or New or Used Indicate whether the asset is new or used. • Complete a separate Form 49E that lists only used property, and send that to each county Used Property If you’re electing the QIE for property that’s Qualifying used property is limited to a total cost of assessed as nonregulated operating property by $150,000 per income tax year, whether you claim the Tax Commission, list on Form 49E every county the QIE, the ITC, or a combination of both for that where each asset is located regardless of whether year. In addition, you must have acquired the used the asset is new or used. property by purchase. If you have used property in excess of $150,000, you must select the specific Date Placed in Service items on which to claim the QIE. If you select an Enter the date you placed the asset in service. item, the entire cost must be taken into account Property is placed in service in the earlier of: unless you’ve exceeded the $150,000 limit. If the • The income tax year in which, under $150,000 used property limit is exceeded, the your depreciation practice, the period for remaining amount of an item selected and any depreciation of the property begins, or items not selected don’t qualify for the ITC. For • The income tax year in which you placed example, used assets A, B, C, and D, each costing the property in a condition or state of $70,000, were placed in service. Two of the assets readiness and availability for a specifically will qualify, and a third asset will partially qualify. assigned function You must select which two items qualify and which EIN00031 09-18-2023 Page 3 of 4 |
Enlarge image | Form 49E — Instructions 2023 (continued) third item partially qualifies. If you claim the QIE on assets A and B, you may claim a partial QIE on either asset C or D, or you may claim the ITC on asset C or D but only up to $10,000, the remaining amount of the $150,000 used-property limitation. Original Cost Enter the asset’s original cost. This should be the same amount you would list as the purchase price on the Idaho Personal Property Declaration. Include trade-in allowances and all associated costs to acquire and prepare the item for its intended use. Contact us: In the Boise area: (208) 334-7660 |Toll free: (800) 972-7660 Hearing impaired (TDD) (800) 377-3529 tax.idaho.gov/contact EIN00031 09-18-2023 Page 4 of 4 |