US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 17
                              TAXATION OF FOREST
                          LANDS AND FOREST PRODUCTS
    63-1706.  YIELD TAX ON APPLICABLE FOREST PRODUCTS. (1) All forest lands
designated by the owner  to be subject to the provisions of section
63-1703(b), Idaho Code, shall be appraised, assessed and taxed according to
the provisions of this section.
    (2)  Forest lands held in private ownership and designated by the owner to
be subject to the provisions of this section for property taxation shall be
valued by the county assessor as real property at rates which reflect only
bare forest land value as determined under rules of the state tax commission.
    (3)  All timber severed from lands subject to the provisions of this
section and delivered to a point of utilization as logs or semiprocessed
forest products, shall be subject to a forest products yield tax. This yield
tax is in lieu of and replacement for, and not in addition to, property taxes
on timber.
    (4)  The yield tax rate shall be three percent (3%) of stumpage value as
determined by the state tax commission. In establishing stumpage values, the
state tax commission shall:
    (a)  Divide the state into appropriate stumpage value zones, with each
    zone designated so as to recognize the uniqueness of timber marketing
    areas.
    (b)  By November 1, set stumpage values by zone for each species and/or
    product, for use in the reporting and payment of yield taxes for timber
    severed during the following calendar year. Stumpage values shall be based
    on a five (5) year rolling average value of comparable timber harvested
    from state timber sales within the stumpage value zone and/or the best
    available data for the same five (5) year period.
    (5)  Report and payment of yield taxes become the direct liability and
responsibility of the landowner at the time of severance. At the time of
severance the yield taxes become a perpetual lien on the real and personal
property of the landowner. Yield tax amounts shall be calculated by the county
assessor on forms prescribed by the state tax commission. Yield tax amounts
shall be supplied by the county assessor to the county tax collector on or
before November 15 for timber that was severed from January 1 through June 30,
with payments due and payable on or before December 20. If the taxes due for
said period are not paid on or before December 20, the payment becomes
delinquent and subject to late charges and interest in the amount provided in
sections 63-201 and 63-1001 or 63-904, Idaho Code, calculated from the
following January 1. Yield tax amounts shall be supplied by the county
assessor to the county tax collector on or before May 15 for timber severed
from July 1 through December 31 in the year following severance with payments
due on or before June 20 in the year following severance. If the yield taxes
due for said period are not paid on or before June 20, the payment becomes
delinquent and subject to late charges and interest in the amount provided in
sections 63-201 and 63-1001 or 63-904, Idaho Code, calculated from the
following July 1. Delinquent yield taxes shall remain a lien against the land
from which the timber was harvested and against any other real and personal
property of the landowner who owned the land at the time of severance. To
collect delinquent yield taxes, the treasurer may use either the personal or
real property collection procedures provided in title 63, Idaho Code.
    (6)  All yield tax revenues and any late charges or interest thereon shall
be apportioned among the several county funds and taxing districts as provided
for the apportionment of property taxes.
    (7)  The party utilizing logs or semiprocessed forest products as raw
materials shall be required to report the quantity, species and source of all
such materials to the Idaho department of lands. Such report shall be
structured to comply with and act as a simultaneous report of data already
required under the provisions of section 38-122, Idaho Code. The report format
shall include the identification of the forest landowner at the source, legal
description of the source, timber or product owner at time of severance,
harvester and volume of forest products severed. The Idaho department of lands
shall deliver to the various county assessors without fee, copies of these
reports as they are available. In the event the point of utilization lies out
of the state or a report is not required under the provisions of section
38-122, Idaho Code, the timber owner at time of severance shall be responsible
for the reporting of the above-stated data to the department of lands.
    (8)  If reports required by this section are found to be intentionally
false or when appropriate reports are not made, the assessor shall value the
forest crop harvested, based on the best available estimates.
    (9)  Not reporting timber or forest products delivery or receipt as
required by this section shall be deemed a misdemeanor.
    (10) Buildings and other improvements, other than roads, located on forest
lands shall be appraised, assessed and taxed as provided by applicable law and
rules.