Albatross · Data Catalog

Idaho

ID · state · 18 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES: the ING hits only condition (a) of five (grantor domicile); one of five is far short of the required three, so the trust is nonresident. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed
sources (3)
Idaho Code Sec. 63-3015(2) (resident trust: three-of-five conditions) · high confidence · as of 2026-07-13 · TY 2026
Idaho requires three of five listed conditions for the entire year; a NV-sited ING of an Idaho settlor meets only one
A trust, other than a qualified funeral trust, is treated as a resident trust if three (3) or more of the following conditions existed for the entire taxable year: (a) The domicile or residency of the grantor is in Idaho; (b) The trust is governed by Idaho law; (c) The trust has real or tangible personal property located in Idaho; (d) The domicile or residency of the trustee is in Idaho; (e) The administration of the trust takes place in Idaho.
Note: Load-bearing details: the trust instrument must be governed by NV/DE law and hold no Idaho real or tangible property.
https://legislature.idaho.gov/statutesrules/idstat/title63/t63ch30/sect63-3015/
IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026
IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c).
Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelim
IRC §665(c) · high confidence · as of 2026-07-13 · TY 2026
IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust
(1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.
Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim
estate-noneEstate and inheritance taxNone
sources (1)
Idaho State Tax Commission, Estates and Taxes · high confidence · as of 2026-07-02 · TY 2025
Idaho has no inheritance tax and its estate tax expired for deaths in 2004
Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004.
Note: Verbatim from the live page, including the slightly awkward phrasing 'estate tax for deaths expired in 2004'.
https://tax.idaho.gov/taxes/estates-and-taxes/
rateTop income tax rate (TY2025)5.3% flat on federal taxable income above $2,500 (single) / $5,000 (MFJ); retroactive to TY2025
sources (1)
Idaho Code §63-3024 (as amended, retroactive TY2025) · high confidence · as of 2026-06-10 · TY 2025
Idaho income tax rate is 5.3% on taxable income above $2,500 (single filer) for TY2025
The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and three-tenths percent (5.3%) of taxable income over two thousand five hundred dollars ($2,500).
Note: Idaho's base is federal taxable income, so the federal MFJ standard deduction shelters the first ~$30,000 of gains. The 60% Idaho-property deduction explicitly excludes stocks and bonds and is immaterial to portfolio CG.
https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH30/SECT63-3024/
rateTop income tax rate (TY2024)5.695% flat above $4,674 (single); fell to 5.3% in TY2025
sources (1)
Idaho Code §63-3024 · high confidence · as of 2026-07-22 · TY 2024
Idaho income tax rate is 5.695% on taxable income over $2,500 (single) for TY2024
The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and six hundred ninety-five thousandths percent (5.695%) of taxable income over two thousand five hundred dollars ($2,500).
Note: Verbatim from §63-3024(2)(a) as enacted by HB 521 (2024, ch. 237). The statutory base is $2,500 single / $5,000 joint (CPI-indexed; the $4,674 a prior version quoted was an indexed figure, not statutory text). This 5.695% rate was reduced to 5.3% for TY2025 (2025 ch. 13 / HB 40), so the live §63-3024 page now shows only 5.3%; this citation points at the HB 521 session law that holds the 5.695% text. A prior version quoted a reconstructed sentence with the wrong ($4,674) threshold.
https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2024/legislation/H0521.pdf
conformityLoss carryforwardConforms to IRC §1212 indefinite federal carryforward applies
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: Idaho Code §63-3022: Idaho state and local bond interest exempt from Idaho income
sources (1)
Idaho Code §63-3022; IDAPA 35.01.01 Rule 105.01 · medium confidence · as of 2026-06-18 · TY 2025
ID exempts ID-issued bonds; out-of-state muni bond interest is an Idaho income addition per Idaho Code §63-3022
Certain interest and dividend income that is exempt from federal income tax must be added. The addition includes interest from bonds of states other than Idaho and their political subdivisions.
Note: Idaho Code §63-3022 and IDAPA 35.01.01 Rule 105.01. Idaho bonds exempt; out-of-state bonds taxable.
https://adminrules.idaho.gov/rules/current/35/350101.pdf
muni-outstateOut-of-state muni bond interestTaxable: Idaho Code §63-3022 / IDAPA Rule 105.01: out-of-state muni bond interest added to Idaho income
sources (1)
Idaho Code §63-3022; IDAPA 35.01.01 Rule 105.01 · medium confidence · as of 2026-06-18 · TY 2025
ID exempts ID-issued bonds; out-of-state muni bond interest is an Idaho income addition per Idaho Code §63-3022
Certain interest and dividend income that is exempt from federal income tax must be added. The addition includes interest from bonds of states other than Idaho and their political subdivisions.
Note: Idaho Code §63-3022 and IDAPA 35.01.01 Rule 105.01. Idaho bonds exempt; out-of-state bonds taxable.
https://adminrules.idaho.gov/rules/current/35/350101.pdf
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity
sources (1)
Idaho Code §63-3004 · high confidence · as of 2026-07-22 · TY 2025
Idaho conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
The term "Internal Revenue Code" means the Internal Revenue Code as amended and in effect on the first day of January 2026, except that: (1) Internal Revenue Code section 85 is applied as in effect on January 1, 2020.
Note: Verbatim (lead) from §63-3004's IRC-conformity definition (as of January 1, 2026, with the §85 and §174 exceptions), which incorporates §1400Z-2. A prior version quoted a reconstructed imposition sentence that does not appear in §63-3004.
https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH30/SECT63-3004/
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback
sources (1)
Idaho Code §63-3011B · high confidence · as of 2026-06-19 · TY 2025
Idaho conforms to IRC §1202 QSBS gain exclusion
The term "taxable income" means federal taxable income as determined under the Internal Revenue Code.
Note: Idaho IRC conformity incorporates §1202; no addback.
https://legislature.idaho.gov/statutesrules/idstat/title63/t63ch30/sect63-3011b/
agency-obligationsFNMA/FHLMC bond interestTaxable: Idaho starts from federal taxable income; FNMA/FHLMC interest is in that base and the §63-3022 add-back applies only to IRC §103-excluded muni interest, not GSE interest
sources (1)
Idaho Admin. Code r. 35.01.01.085 (IDAPA 35.01.01) · medium confidence · as of 2026-06-20 · TY 2025
Idaho taxes FNMA and FHLMC bond interest: Idaho starts from federal taxable income (which includes FNMA/FHLMC interest); the §63-3022 add-back applies only to IRC §103-excluded muni interest
Certain interest and dividend income that is exempt from federal income tax must be added. The addition includes interest from bonds of states other than Idaho and their political subdivisions.
Note: Idaho starts from federal taxable income. FNMA and FHLMC bond interest is INCLUDED in federal taxable income; it is not IRC §103-excluded. The §63-3022 add-back applies only to IRC §103-excluded out-of-state muni interest; FNMA/FHLMC interest is already in the base. No separate Idaho subtraction exists for non-federally-preempted GSE interest.
https://adminrules.idaho.gov/rules/current/35/350101.pdf
dividend-qualifiedQualified dividend rate (IRC §1(h)(11))Ordinary rate: Idaho has no IRC §1(h)(11) preferential rate; qualified dividends taxed at the 5.3% flat rate
sources (1)
Idaho Code §63-3024 (as amended, retroactive TY2025) · high confidence · as of 2026-06-10 · TY 2025
Idaho income tax rate is 5.3% on taxable income above $2,500 (single filer) for TY2025
The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and three-tenths percent (5.3%) of taxable income over two thousand five hundred dollars ($2,500).
Note: Idaho's base is federal taxable income, so the federal MFJ standard deduction shelters the first ~$30,000 of gains. The 60% Idaho-property deduction explicitly excludes stocks and bonds and is immaterial to portfolio CG.
https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH30/SECT63-3024/
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
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31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Idaho income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Idaho income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 5.3% rate (Idaho Code §63-3024)
sources (1)
Idaho Code §63-3024 (as amended, retroactive TY2025) · high confidence · as of 2026-06-10 · TY 2025
Idaho income tax rate is 5.3% on taxable income above $2,500 (single filer) for TY2025
The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and three-tenths percent (5.3%) of taxable income over two thousand five hundred dollars ($2,500).
Note: Idaho's base is federal taxable income, so the federal MFJ standard deduction shelters the first ~$30,000 of gains. The 60% Idaho-property deduction explicitly excludes stocks and bonds and is immaterial to portfolio CG.
https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH30/SECT63-3024/
community-propertyCommunity property stateCommunity property state: property acquired during marriage is community property; each spouse owns one-half (Idaho Code § 32-906); separate property (owned before marriage or received by gift/inheritance) is excluded
sources (1)
Idaho Code § 32-906 · high confidence · as of 2026-06-21 · TY 2025
Idaho is a community property state: property acquired during marriage is community property (Idaho Code § 32-906)
All property acquired after marriage by either husband or wife, except as provided in section 32-903, Idaho Code, is community property.
Note: Idaho has been a community property state since territorial days. Idaho Code § 32-906 is the principal statute. Idaho community property includes wages, salaries, and income from community property. Separate property (§ 32-903) is property owned before marriage or acquired by gift or inheritance during marriage.
https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH9/SECT32-906/
filing-status-doubledMFJ brackets double Single bracketsYes: Idaho Code §63-3024(2)(b) sets the joint-return taxable income threshold at $5,000 (exactly 2× the $2,500 single threshold in §63-3024(2)(a)); flat 5.3% rate above each doubled threshold (marriage neutral)
sources (1)
Idaho Code §63-3024(2)(a) and §63-3024(2)(b) · high confidence · as of 2026-06-22 · TY 2025
Idaho income tax: joint-return income threshold ($5,000) is exactly double single-filer threshold ($2,500); flat 5.3% rate applies above each threshold
(2)(a) The tax imposed upon individuals, trusts, and estates shall be computed at the rate of five and three-tenths percent (5.3%) of taxable income over two thousand five hundred dollars ($2,500). (2)(b) For taxpayers filing a joint return pursuant to the provisions of section 63-3031, Idaho Code, the tax imposed shall be computed at the rate of five and three-tenths percent (5.3%) of taxable income over five thousand dollars ($5,000).
Note: Idaho has a single flat rate (5.3%) that applies above the income threshold. The threshold doubles for joint filers: $2,500 for individuals vs. $5,000 for joint returns (§63-3031). Thresholds are adjusted annually for inflation under §63-3024(3). The $5,000/$2,500 doubling is exactly 2×, making Idaho marriage-neutral in the threshold structure.
https://legislature.idaho.gov/statutesrules/idstat/Title63/T63CH30/SECT63-3024/
migration-loss-conformityMigration loss carryforward conformityDisallowed: Idaho Form 39NR adds back capital losses incurred in another state or that Idaho does not tax, so a pre-residency federal capital-loss carryforward cannot offset Idaho gains.
sources (1)
Idaho Form 39NR, Additions · medium confidence · as of 2026-07-03 · TY 2025
Idaho Form 39NR adds back capital losses incurred in another state or that Idaho does not tax
Column A: Enter any capital losses included on federal Form 1040 or 1040-SR, line 7 that you incurred in another state or capital losses from activities that Idaho doesn't tax.
Note: Idaho Form 39NR (Additions), Capital Loss Carryforward line, requires adding back capital losses incurred in another state or that Idaho does not tax, so an imported pre-residency federal capital-loss carryforward cannot offset Idaho gains. Quote verbatim from the live Form 39NR PDF (fetched via curl).
https://tax.idaho.gov/document-mngr/forms_EFO00087/