2005 Idaho Code - 63-3024A — CREDITS AND REFUNDS

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 30
                                  INCOME TAX
    63-3024A.  CREDITS AND REFUNDS. (a) Any resident individual not entitled
to the credit allowed in subsection (b)(1), who is required to file by law and
who has filed an Idaho income tax return, shall be allowed a credit against
taxes due under the Idaho income tax act equal to the amount of twenty dollars
($20.00) for each personal exemption for which a deduction is permitted by
section 151(b) and (c) of the Internal Revenue Code if such deduction is
claimed on the taxpayer's Idaho income tax return, and if the individual for
whom the deduction is claimed is a resident of the state of Idaho. If taxes
due are less than the total credit allowed, the taxpayer shall be paid a
refund equal to the balance of the unused credit. If the credit or refund is
not claimed for the year for which the individual income tax return is filed,
the right thereafter to claim such credit or refund shall be forfeited. The
state tax commission shall prescribe the method by which the refund, if any,
is to be made to the taxpayer.
    (b) (1)  A resident individual who has reached his sixty-fifth  birthday
    before the end of his taxable year, who is required to file by law and who
    has filed an Idaho income tax return, shall be allowed a credit against
    taxes due under the Idaho income tax act equal to the amount of
    thirty-five dollars ($35.00) for each personal exemption representing
    himself, a spouse over the age of sixty-five (65) years, or a dependent
    over the age of sixty-five (65) years, but shall be allowed a credit
    against taxes due under the Idaho income tax act equal to twenty dollars
    ($20.00) for each personal exemption representing a spouse or dependent
    under the age of sixty-five (65) years. If taxes due are less than the
    total credit allowed, the taxpayer shall be paid a refund equal to the
    balance of the unused credit. If the credit or refund is not claimed for
    the year for which the individual income tax return is filed, the right
    thereafter to claim such credit or refund shall be forfeited. The state
    tax commission shall prescribe the method by which the refund, if any, is
    to be made to the taxpayer.
    (2)  A resident individual who has reached his sixty-fifth  birthday and
    is not required by law to file an Idaho income tax return and who has
    received no credit or refund under any other subsection of this section,
    shall be entitled to a refund of thirty-five dollars ($35.00). Any refund
    shall be paid to such individual only upon his making application therefor
    at such time and in such manner as may be prescribed by the state tax
    commission.
    (c)  A resident individual of the state of Idaho who is:
    (i)   blind, or
    (ii)  a disabled American veteran of any war engaged in by the United
    States, whose disability is recognized as a service connected disability
    of a degree of ten percent (10%) or more, or who is in receipt of a
    pension for nonservice connected disabilities, in accordance with laws and
    regulations administered by the United States veterans administration,
    substantiated by a statement as to status signed by a responsible officer
    of the United States veterans administration, or
    (iii) over sixty-two (62) years of age, and has been allowed none, or less
    than all, of the credit provided by subsection (a) or subsection (b) of
    this section, shall be entitled to a payment from the refund fund in an
    amount equal to twenty dollars ($20.00), or the balance of his unused
    credit, whichever is less, upon making application therefor at such time
    and in such manner as the state tax commission may prescribe.
    (d)  Any part-year resident entitled to a credit under this section shall
receive a proportionate credit, in the manner above provided, reflecting the
part of the year in which he was domiciled in this state.
    (e)  No credit or refund may be claimed for an exemption which represents
a person who has himself filed an Idaho income tax return claiming a deduction
for his own personal exemption, and in no event shall more than one (1)
taxpayer be allowed a credit or refund for the same exemption, or under more
than one (1) subsection of this section.
    (f)  The refunds authorized by this section shall be paid from the state
refund fund in the same manner as the refunds authorized by section 63-3067,
Idaho Code.
    (g)  An application for any refund which is due and payable under the
provisions of this section must be filed with the state tax commission within
three (3) years of:
    (i)  the due date, including extensions, of the return required under
    section 63-3030, Idaho Code, if the applicant is required to file a
    return, or
    (ii) the 15th day of April of the year following the year to which the
    application relates if the applicant is not required to file a return.