Governance Rules

The Tax Commission creates administrative tax rules to clarify how statutes should be interpreted. Statutes are laws passed by the Idaho State Legislature. Administrative rules have the force and effect of law and are subject to a comprehensive process. Learn more at State of Idaho Office of the Administrative Rules Coordinator.

These pages will explain how you can participate in our rule-making process and provide details on the rules currently under discussion. If you need more information, please contact our Rules Coordinator at kimberlee.stratton@tax.idaho.gov.

Current rules

Temporary rules

A temporary rule is effective immediately upon adoption.

View our temporary rules 

Negotiated rulemaking

Idaho’s administrative rulemaking process is governed by the Idaho Administrative Procedure Act. See Idaho code Title 67 Chapter 52.

pdf How You Can Participate in Negotiated Rulemaking

The process

The Tax Commission engages in Negotiated Rulemaking which is a process where our agency and all other interested parties seek a consensus on the content of a rule. We start by publishing a document, “Notice of Intent to Promulgate a Rule.”

Most discussion takes place during our scheduled Rule Committee meetings (see “The committees,” below). Meetings are published on our Calendar page and the agendas for future meetings are published on each committee’s Web page. If you can’t attend a meeting, we also accept written comments via mail or email during this process. (Contact information is provided on each rule’s Web page.)

Any proposed rule must be formally submitted to and published in the Administrative Bulletin. This step will be noted on each rule’s Web page.

pending rule is subject to legislative review for final approval. A final rule, also known as a “permanent” rule, becomes final at the end of the legislative session after it has been reviewed and approved by the Legislature. It then becomes part of the Idaho Administrative Code.

The committees

The Tax Commission has four rules committees which meet regularly to discuss proposed new rules and rule changes. The dates, times, and locations are included on our Calendar page.

  • The Product Taxes Rules Committee is responsible for all tobacco, cigarette, beer, wine, and motor fuels rules as well as transfer fee rules.
  • The Income Tax Rules Committee is responsible for all individual and business income tax rules as well as kilowatt hour rules, mine license rules, and Tax Commission Administration and Enforcement rules.
  • The Property Tax Rules Committee is responsible for all property tax rules.
  • The Sales Tax Rules Committee is responsible for sales and use tax rules as well as hotel/motel and campground sales tax rules.