2005 Idaho Code - 63-3029E — DEFINITIONS -- CONSTRUCTION OF TERMS

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 30
                                  INCOME TAX
    63-3029E.  DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section
and in section 63-3029F, Idaho Code:
    (1)  (a) "New employee" means a person subject to Idaho income tax
    withholding whether or not any amounts are required to be withheld,
    employed by the taxpayer in a trade or business, and covered for
    unemployment insurance purposes under chapter 13, title 72, Idaho Code,
    during the taxable year for which the credit allowed by section 63-3029F,
    Idaho Code, is claimed. A person shall be deemed to be so engaged if such
    person performs duties on:
         (i)   A regular full-time basis; or
         (ii)  A part-time basis if such person is customarily performing such
         duties at least twenty (20) hours per week.
    No credit shall be earned unless the new employee shall have performed
    such duties for the taxpayer for a minimum of nine (9) months during the
    taxable year for which the credit is claimed.
    (b)  The provisions of paragraph (a) of this subsection notwithstanding,
    no credit shall be allowed for employment of persons by a taxpayer who
    acquires a trade or business from another taxpayer or who operates in a
    place of business the same or a substantially identical trade or business
    as operated by another taxpayer within the prior twelve (12) months,
    except as the prior taxpayer would have qualified under the provisions of
    paragraph (c) of this subsection. Employees transferred from a related
    taxpayer shall not be included in the computation of the credit.
    (c)  The number of employees during any taxable year for any taxpayer
    shall be the mathematical average of the number of employees reported to
    the Idaho department of labor for employment security purposes during the
    twelve (12) months of the taxable year which qualified under paragraph (a)
    of this subsection. In the event the business is in operation for less
    than the entire taxable year, the number of employees of the business for
    the year shall be the average number actually employed during the months
    of operation, providing that the qualifications of paragraph (a) of this
    subsection are met.
    (2)  "Revenue-producing enterprise" means the production, assembly,
fabrication, manufacture or processing of any natural resource product.
    (3)  "Same or a substantially identical trade or business" means a trade
or business in which the products produced or sold, or the activities
conducted are the same in character and use and are produced, sold or
conducted in the same manner as, or for the same types of customers as, the
products or activities produced, sold or conducted in another trade or
business.