(1)Beginning on January 1, 2027, and on or before April 15 of each year thereafter, every rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company in this state shall file with the state tax commission a statement of the amount of its kilowatt-hours and therms sold in Idaho for the preceding calendar year, and for rate-regulated electric utilities, the amount of kilowatt-hours sold the preceding year for furnishing power for pumping water for irrigation or drainage purposes, as provided by section 63-3502C, Idaho Code. The rate-regulated electric utilities, rate-regulated affiliated gas company, and rate-regulated gas companies shall also provide such information as shall be necessary for the state tax commission to redetermine the allocations
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(1) Beginning on January 1, 2027, and on or before April 15 of each year thereafter, every rate-regulated electric utility, rate-regulated affiliated gas company, and rate-regulated gas company in this state shall file with the state tax commission a statement of the amount of its kilowatt-hours and therms sold in Idaho for the preceding calendar year, and for rate-regulated electric utilities, the amount of kilowatt-hours sold the preceding year for furnishing power for pumping water for irrigation or drainage purposes, as provided by section 63-3502C, Idaho Code. The rate-regulated electric utilities, rate-regulated affiliated gas company, and rate-regulated gas companies shall also provide such information as shall be necessary for the state tax commission to redetermine the allocations of the tax as required in section 63-405 (4), Idaho Code. Upon examining and verifying such statement, the state tax commission shall compute the amount of the tax due using the rates found in section 63-3502B (3) and (4), Idaho Code, and reduced as provided in section 63-3502C, Idaho Code, for rate-regulated electric utilities eligible for such exemption.
(2) Upon the calculation of taxes determined in this section, and no later than the third Monday of May, the state tax commission shall notify each county treasurer of the amount of taxes due to the county based on the proportions calculated pursuant to section 63-405 (3) and (4), Idaho Code. Such tax shall be billed by the state tax commission to each rate-regulated electric utility company, rate-regulated affiliated gas company, and rate-regulated gas company no later than the fourth Monday of May and due and payable to the state tax commission no later than June 30. Upon receipt of such tax payments, the state tax commission shall promptly pay to each county treasurer the proportionate share of such taxes due to the county as provided in this section.
(3) By no later than the fourth Monday of July each year, each county auditor shall notify each taxing district, unit, and urban renewal agency of the amount they will receive. By the fourth Monday of August, such amounts will be paid by the county auditor to each eligible taxing district, unit, and urban renewal agency.
(4) A new taxing district or revenue allocation area formed after January 1, 2025, shall not be eligible for a tax distribution pursuant to this section.
(5) If any taxing districts consolidate, the resulting district is entitled to a tax distribution pursuant to this section equal to the sum of the tax distributions that would have been made to each district prior to consolidation.
(6) Any taxes levied pursuant to this section and not paid by June 30 shall become delinquent and a penalty of five percent (5%) thereof shall be imposed, together with interest at the rate of one percent (1%) per month from June 30 until paid.
(7) All taxes due and payable under this section shall be a lien on all property, real and personal, of the rate-regulated electric utility company, rate-regulated affiliated gas company, or rate-regulated gas company as of June 30 of each year and shall be discharged only by the payment thereof. In any action to enforce payment of any delinquent taxes due under this section, the county pursuing such action shall be entitled to a judgment for the reasonable costs of prosecuting such action, as well as for the delinquent taxes, penalty, and interest.
(8) If a rate-regulated electric utility, rate-regulated affiliated gas company, or rate-regulated gas company fails to file the statement of kilowatt-hours or therms sold in Idaho required pursuant to subsection (1) of this section, the state tax commission shall use the best available information to determine the kilowatt-hours or therms sold in Idaho.