US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 7
                             PROPERTY TAX RELIEF
    63-720.  RECOVERY OF ERRONEOUS AND OTHER IMPROPER DEFERRALS. (1) In
addition to the provisions of section 63-719, Idaho Code, the state tax
commission may recover deferrals of tax payments made under sections 63-712
through 63-721, Idaho Code, from any person who elected the deferral under
section 63-714, Idaho Code, if the commission determines that:
    (a)  A deferral was granted to a person who is not a qualified claimant or
    in regard to property that is not qualified property, or
    (b)  The owner of the property subject to the deferral possesses
    insufficient equity in that property, after consideration of encumbrances
    that are superior to any liens for deferral, to secure the payment of all
    existing deferrals granted in the property.
    (2)  The deficiency determination, collection, and enforcement procedures
provided by the Idaho income tax act, sections 63-3039, 63-3042, 63-3043
through 63-3064, Idaho Code, shall apply and be available to the commission
for enforcement and collection under sections 63-712 through 63-721, Idaho
Code, and such sections shall, for this purpose, be considered part of
sections 63-712 through 63-721, Idaho Code. Wherever liens or any other
proceedings are defined as income tax liens or proceedings, they shall, when
applied in enforcement or collection under sections 63-712 through 63-721,
Idaho Code, be described as tax deferral liens and proceedings. In connection
with such sections, a deficiency shall consist of any amount subject to
recovery under this section together with any interest and penalty due
thereon.