Idaho Statutes Title 63. Revenue and Taxation § 63-3641. Rebate of sales taxes collected

(a) “Approved transportation improvements” means a highway project the cost of which is in excess of six million dollars ($6,000,000) for the installation of an interchange from an interstate highway or expended on the improvement of a highway as defined in section 40-109(5), Idaho Code. To qualify as an approved highway improvement the developer of a retail complex must enter into an agreement with the Idaho transportation board and/or political subdivision. An approved highway improvement shall include those costs directly associated with the highway project but shall not include any improvement not within the right-of-way of the proposed public highway improvement, improvements not specifically authorized in the agreement entered into, or developer financed improvements required by state or local agencies as part of the permitting and development process not within the public highway right-of-way.

(b) “Political subdivision” means a city, county or highway district that receives highway funding pursuant to section 40-709, Idaho Code.

(c) “Qualified retailer” means a specific location within a retail complex operated by a retailer in regard to which the retailer:

(d) “Retail complex” means:

(e) “Retailer” has the same meaning as provided in section 63-3610, Idaho Code;

(f) “Retail sales” has the same meaning as that term is defined in section 63-3609, Idaho Code.

(a) The claim shall:

(b) The claim shall be subject to such reasonable documentation and verification as the state tax commission may require.

(c) A developer of a retail complex must submit a claim under this subsection within two (2) years of the developer's last expenditure on approved transportation improvements.

(4)(a) Upon approval by the state tax commission, the developer is entitled to receive a rebate of sixty percent (60%) of all sales and use taxes imposed by this chapter and remitted to the state tax commission after the date of approval by qualified retailers in the retail complex but not to exceed the lesser of:

(b) No interest shall be paid on the amounts rebated.

(c) All sales and use tax information remitted by retailers shall be deemed a trade secret, shall be confidential and shall not be disclosed by the state tax commission.

(5)(a) When a retailer certifies to the state tax commission and the commission determines that the requirements of subsection (3)(a)(i), (ii) and (iii) of this section have been met, sixty percent (60%) of all sales and use taxes imposed by this chapter and remitted to the state tax commission after the date of approval by qualified retailers in the retail complex, shall be deposited into the demonstration pilot project fund, which is hereby created in the state treasury.

(b) All moneys rebated shall be paid by the state tax commission from the demonstration pilot project fund in a timely manner not to exceed sixty (60) calendar days after receipt as funds are available in the demonstration pilot project fund. Payments shall be specific to and accounted for by each project.

(c) Once a total of thirty-five million dollars ($35,000,000) has been paid in as a rebate on a particular approved transportation improvement, no additional rebates shall be paid in regard to that approved transportation improvement.