Idaho Code
Idaho Code § 63-3629 (2026)
Deficiency determinations.
✓ current as of May 2026
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Deficiency determinations.
(a) If the state tax commission is not satisfied with the return or returns of the tax, because of errors or omissions discovered in audits or in any other way, it may compute and determine the amount which is due upon the basis of facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession and assert a deficiency. One or more deficiency determinations may be made of the amount due for one or for more than one period. In making such determination, the state tax commission may offset overpayments against amounts due.
(b) If any person fails to make a return, the state tax commission shall make an estimate of the amount of sales or use subject to tax by this act, and shall in this manner determine the amount of tax due from such person. The estimate shall be made for the period or periods in respect to which the person failed to make a return and shall be based upon any information which is in the state tax commission’s possession or may come into its possession.
(c) The state tax commission shall give written notice of its determination and the amount of the deficiency, including any interest and penalties, to the person from whom such deficiency amount is due in the manner prescribed by section 63-3045, Idaho Code.
Notes of Decisions
Cited in 3
cases, 1978–2002 · leading case: State Tax Comm'n v. W. Elec., Inc., 580 P.2d 72 (Idaho 1978).
State Tax Comm'n v. W. Elec., Inc., 580 P.2d 72 (Idaho 1978). “Because they were listed as officers, they were each sent by certified mail a Notice of Deficiency Determination pursuant to I.C. § 63-3629. Any taxpayer served with a Notice of Deficiency Determination has thirty days to protest this determination.”
Ryder v. Idaho State Tax Comm'n, 939 P.2d 564 (Idaho 1997). “The Tax Commission did conduct an audit and has asserted a tax deficiency pursuant to I.C. § 63-3629. Based on this fact, the district court was correct to permit an offset for the sales tax erroneously paid by Ryder.”
Butler v. Elle, 281 F.3d 1014 (2002). “See Idaho Code §§ 63-3629 , 63-3045. Such notice triggers an appeals process wherein the taxpayer has the opportunity to show that the taxes in question were in fact paid, or were not in fact due.”
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