(1) In addition to the provisions of section 63-719 , Idaho Code, the state tax commission may recover deferrals of tax payments made under sections 63-712 through 63-721 , Idaho Code, from any person who elected the deferral under section 63-714 , Idaho Code, if the commission determines that:
- (a) A deferral was granted to a person who is not a qualified claimant or in regard to property that is not qualified property; or
- (b) The owner of the property subject to the deferral does not possess sufficient equity in that property.
- (2) The deficiency determination, collection, and enforcement procedures provided by the Idaho income tax act, sections 63-3039, 63-3042, 63-3043 through 63-3064, Idaho Code, shall apply and be available to the commission for enforcement and collection under sections 63-712 through 63-721, Idaho Code, and such sections shall, for this purpose, be considered part of sections 63-712 through 63-721, Idaho Code. Wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement or collection under sections 63-712 through 63-721, Idaho Code, be described as tax deferral liens and proceedings. In connection with such sections, a deficiency shall consist of any amount subject to recovery under this section together with any interest and penalty due thereon.
[63-720, added 2006, ch. 234, sec. 1, p. 696; am. 2013, ch. 22, sec. 4, p. 43.]