reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 99 - MISSISSIPPI MAJOR ECONOMIC IMPACT WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-99-1 — 57-99-29) › QUALIFIED BUSINESS OR INDUSTRY - ENTERPRISES (§§ 57-99-21 — 57-99-29) › Section 57-99-27 - Filing of incentive payment claims; payments dependent on verification of number of qualified jobs created and maintained

(1)
As soon as practicable after the end of a calendar quarter for which a qualified business or industry has qualified to receive an incentive payment, the qualified business or industry shall file a claim for the payment with the State Tax Commission and shall specify the actual number of qualified jobs created and maintained by the business or industry for the calendar quarter and the wages and taxable benefits thereof. The State Tax Commission shall verify the actual number of qualified jobs maintained by the business or industry. If the State Tax Commission is not able to provide such verification utilizing all available resources, the State Tax Commission may request such additional information from the business or industry as may be necessary.
(2)
If the business or industry does not maintain the job requirements of Sections
57-99-21
through
57-99-29
at any other time during the ten-year period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified number of qualified jobs created and maintained by the business or industry equals or exceeds the requirements of Sections
57-99-21
through
57-99-29
for one (1) calendar quarter.
(3)
An establishment that has qualified pursuant to Sections
57-99-21
through
57-99-29
may receive payments only in accordance with the provision under which it initially applied and was approved.
(4)
As soon as practicable after verification of the qualified business or industry meeting the requirements of Sections
57-99-21
through
57-99-29
and all rules and regulations, the Department of Finance and Administration, upon requisition of the State Tax Commission, shall issue a warrant drawn on the MMEIA Withholding Rebate Fund to the establishment in the amount of the rebate as determined pursuant to subsection (1) of this section for the calendar quarter.
Laws, 2009, ch. 302, § 7, eff. 2/3/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 99 - MISSISSIPPI MAJOR ECONOMIC IMPACT WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-99-1 — 57-99-29) › QUALIFIED BUSINESS OR INDUSTRY - ENTERPRISES (§§ 57-99-21 — 57-99-29) › Section 57-99-29 - Mississippi Development Authority and State Tax Commission to promulgate rules and regulations

The MDA and the State Tax Commission shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, and all application forms and other forms necessary to implement their respective duties and responsibilities under the provisions of Sections
57-99-21
through
57-99-29
.
Laws, 2009, ch. 302, § 8, eff. 2/3/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 100 - EXISTING INDUSTRY WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-100-1 — 57-100-9) › Section 57-100-1 - Definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a)
"Qualified business or industry" means a manufacturing enterprise that has been operating in this state for not less than two (2) consecutive years that meets minimum criteria established by the Mississippi Development Authority.
(b)
"Qualified job" means a full-time job in this state:
(i)
At the location of a qualified business or industry that has qualified to receive an incentive payment pursuant to this chapter;
(ii)
Which did not exist in this state before the date of approval by the MDA of the application of the qualified business or industry pursuant to the provisions of this chapter; and
(iii)
The average annual salary of which is at least one hundred percent (100%) of the state or county average annual wage, whichever is the lesser.
(c)
"Full-time employment" means a job of at least thirty-five (35) hours per week.
(d)
"Rebate amount" means the amount of Mississippi income taxes withheld from employees in qualified jobs that is available for rebate to the qualified business or industry, provided that:
(i)
Except as otherwise provided in this paragraph (d), the rebate amount shall be three and one-half percent (3-1/2%) of the wages and taxable benefits for qualified jobs; and
(ii)
In no event shall incentive payments exceed the actual Mississippi income taxes withheld from employees in qualified jobs that are available for rebate to the qualified business or industry.
(e)
"MDA" means the Mississippi Development Authority.
Laws, 2009, ch. 557, § 16, eff. 4/17/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 100 - EXISTING INDUSTRY WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-100-1 — 57-100-9) › Section 57-100-3 - Quarterly incentive payments to qualified business or industry; duration of payments; application; job requirements; notification of State Tax Commission

(1)
Except as otherwise provided in this section, a qualified business or industry that meets the qualifications specified in this chapter may receive quarterly incentive payments for a period not to exceed two (2) years from the State Tax Commission pursuant to the provisions of this chapter in an amount which shall be equal to the lesser of three and one-half percent (3-1/2%) of the wages and taxable benefits for qualified jobs or the actual amount of Mississippi income tax withheld by the employer for the qualified jobs. The two-year period shall begin the quarter after the State Tax Commission verifies that the required number of jobs have been created.
(2)
In order to receive incentive payments, an establishment shall apply to the MDA. The application shall be on a form prescribed by the MDA and shall contain such information as may be required by the MDA to determine if the applicant is qualified.
(3)
In order to qualify to receive such payments, the establishment applying shall be required to:
(a)
Be engaged in a qualified business or industry; and
(b)
The business or industry must create a minimum of ten (10) qualified jobs within six (6) months after the date of the application and maintain at least ten (10) qualified jobs.
(4)
Upon approval of such an application, the MDA shall notify the State Tax Commission and shall provide it with a copy of the approved application. The State Tax Commission may require the qualified business or industry to submit such additional information as may be necessary to administer the provisions of this chapter. The State Tax Commission shall verify that at least ten (10) qualified jobs have been created within six (6) months after the date of the application before incentive payments may begin. The qualified business or industry shall report to the State Tax Commission periodically to show its continued eligibility for incentive payments. The qualified business or industry may be audited by the State Tax Commission to verify such eligibility.
(5)
No applications shall be accepted by MDA from and after July 1, 2011.
Laws, 2009, ch. 557, § 17, eff. 4/17/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 100 - EXISTING INDUSTRY WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-100-1 — 57-100-9) › Section 57-100-5 - Creation of Existing Industry Withholding Rebate Fund; purpose

(1)
There is created in the State Treasury a special fund to be known as the "Existing Industry Withholding Rebate Fund," into which shall be deposited withholding tax revenue required to be deposited into such fund pursuant to Section
27-7-312
. The money in the fund shall be used for the purpose of making the incentive payments authorized under this chapter.
(2)
The liability of the State of Mississippi to make the incentive payments authorized under this chapter shall be limited to the balance contained in the fund.
Laws, 2009, ch. 557, § 18, eff. 4/17/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 100 - EXISTING INDUSTRY WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-100-1 — 57-100-9) › Section 57-100-7 - Filing of claim for incentive payments; payments dependent on verification of number of qualified jobs created and maintained

(1)
As soon as practicable after the end of a calendar quarter for which a qualified business or industry has qualified to receive an incentive payment, the qualified business or industry shall file a claim for the payment with the State Tax Commission and shall specify the actual number of qualified jobs created and maintained by the business or industry for the calendar quarter and the wages and taxable benefits thereof. The State Tax Commission shall verify the actual number of qualified jobs created and maintained by the business or industry. If the State Tax Commission is not able to provide such verification utilizing all available resources, the State Tax Commission may request such additional information from the business or industry as may be necessary.
(2)
If the business or industry does not maintain the job requirements of this chapter at any other time during the two-year period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified number of qualified jobs created and maintained by the business or industry equals or exceeds the requirements of this chapter for one (1) calendar quarter.
(3)
A qualified business or industry that has qualified pursuant to this chapter may receive payments only in accordance with the provision under which it initially applied and was approved. If an establishment that is receiving incentive payments expands, it may apply for additional incentive payments based on the wages and taxable benefits for qualified jobs anticipated from the expansion only, pursuant to this chapter.
(4)
As soon as practicable after verification of the qualified business or industry meeting the requirements of this chapter and all rules and regulations, the Department of Finance and Administration, upon requisition of the State Tax Commission, shall issue a warrant drawn on the Existing Industry Withholding Rebate Fund to the establishment in the amount of the rebate as determined pursuant to subsection (1) of this section for the calendar quarter.
Laws, 2009, ch. 557, § 19, eff. 4/17/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 100 - EXISTING INDUSTRY WITHHOLDING REBATE INCENTIVE PROGRAM (§§ 57-100-1 — 57-100-9) › Section 57-100-9 - Promulgation of rules and regulations by the Mississippi Development Authority and State Tax Commission

The MDA and the State Tax Commission shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, and all application forms and other forms necessary to implement their respective duties and responsibilities under the provisions of this chapter.
Laws, 2009, ch. 557, § 20, eff. 4/17/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 101 - MISSISSIPPI MAJOR ECONOMIC IMPACT AUTHORITY COMPONENT CONSTRUCTION MATERIAL COSTS REBATE PROGRAM (§ 57-101-1) › Section 57-101-1 - through 57-101-5 - [Repealed]

Repealed by Laws of 2013, ch. 447, § 5, eff. 7/1/2013.
§ 57-101-1. [ Laws, 2007, ch. 303, § 23, eff. 3/2/2007.] § 57-101-3. [ Laws, 2007, ch. 303, § 24, eff. 3/2/2007.] § 57-101-5. [ Laws, 2007, ch. 303, § 25, eff. 3/2/2007.]
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 103 - TECHNOLOGY BASED BUSINESS CAPITAL ASSISTANCE PROGRAMS (§§ 57-103-1 — 57-103-11) › Section 57-103-11 - Mississippi Technology Alliance Administration Fund created; purpose; disbursement of monies; Mississippi Technology Alliance to develop performance monitoring system and make annual performance report before receiving funds

(1)
There is created in the State Treasury a special fund, to be designated as the "Mississippi Technology Alliance Administration Fund," which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to defray the costs incurred by the Mississippi Technology Alliance in the implementation and administration of the programs created in Sections
57-103-1
through
57-103-9
.
(2)
(a)
Before January 1, 2010, the Mississippi Technology Alliance shall devise and implement a performance monitoring system consisting of the following:
(i)
Objectives and benchmarks for each program;
(ii)
Performance measures for each program; and
(iii)
A definition of the return on investment that is appropriate and accurate for every program.
(b)
From and after January 1, 2011, the Mississippi Technology Alliance shall report annually to the Mississippi Development Authority and the Legislature as to its success in meeting its program objectives and performance measures required by this subsection (2).
(c)
The Mississippi Development Authority may not disburse any funds to the Mississippi Technology Alliance, unless it has met the reporting requirements of this subsection (2).
Laws, 2007, ch. 459, § 6; Laws, 2009, ch. 406, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 107 - MISSISSIPPI WORKFORCE TRAINING PROJECTS (§§ 57-107-1 — 57-107-101) › Article 1 - DELTA AREA WORKFORCE TRAINING PROJECT [Repealed] (§ 57-107-1) › Section 57-107-1 - through 57-107-7 - [Repealed]

Laws, 2009, ch. 471, § 1; reenacted without change, Laws, 2011, ch. 480, § 35, eff. 4/6/2011.
Repealed by Laws of 2009, ch. 471, § 9, as amended by Laws of 2011, ch. 480, § 39, effective 7/1/2016.
§ 57-107-1. [ Laws, 2009, ch. 471, § 1; reenacted without change, Laws, 2011, ch. 480, § 35, eff from and after passage (approved Apr. 6, 2011.)] § 57-107-3. [ Laws, 2009, ch. 471, § 2; reenacted without change, Laws, 2011, ch. 480, § 36, eff from and after passage (approved Apr. 6, 2011.)] § 57-107-5. [ Laws, 2009, ch. 471, § 3; reenacted without change, Laws, 2011, ch. 480, § 37, eff from and after passage (approved Apr. 6, 2011.)] § 57-107-7. [ Laws, 2009, ch. 471, § 4; reenacted without change, Laws, 2011, ch. 480, § 38, eff from and after passage (approved Apr. 6, 2011.)]
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 107 - MISSISSIPPI WORKFORCE TRAINING PROJECTS (§§ 57-107-1 — 57-107-101) › Article 3 - SOUTHWEST MISSISSIPPI AREA WORKFORCE TRAINING PROJECT [Repealed] (§ 57-107-101) › Section 57-107-101 - through 57-107-107 - [Repealed]

Repealed by Laws, 2009, ch. 471, § 9, as amended byLaws, 2011, ch. 480, 39, eff. 7/1/2011. 57-107-101. [Laws, 2009, ch. 471, 5, eff from and after passage (approved 3/30/2009)]. 57-107-103. [Laws, 2009, ch. 471, 6, eff from and after passage (approved 3/30/2009)]. 57-107-105. [Laws, 2009, ch. 471, 7, eff from and after passage (approved 3/30/2009)]. 57-107-107. [Laws, 2009, ch. 471, 8, eff from and after passage (approved 3/30/2009)].
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 1 - BUSINESS ENTERPRISE TAX EXEMPTIONS: CLEAN ENERGY GENERATION AND AEROSPACE INDUSTRY ENTERPRISES (§§ 57-113-1 — 57-113-7) › Section 57-113-3 - Application for tax exemptions

Business enterprises wishing to apply for the tax exemptions authorized by this article shall make application to the MDA prior to construction or acquisition of the buildings for the location or expansion of the business enterprise in this state. The application shall, at a minimum, contain:
(a)
An overview of the project that includes the selected site, the number of jobs proposed, the length of time necessary for the company to meet its investment and employment requirements;
(b)
A two-year business plan, which shall include pro forma financial statements for the project;
(c)
Data supporting the expertise of the project's principals;
(d)
An acknowledgment that the business entity will be required to provide annual documentation to demonstrate that the minimum job requirement is being maintained; and
(e)
Such information as may be requested by the MDA.
Laws, 2010, ch. 533, § 13, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 1 - BUSINESS ENTERPRISE TAX EXEMPTIONS: CLEAN ENERGY GENERATION AND AEROSPACE INDUSTRY ENTERPRISES (§§ 57-113-1 — 57-113-7) › Section 57-113-5 - Certification of eligibility for tax exemption; term of exemption; nontransferability of exemption; performance requirements of approved business enterprise

(1)
Upon approval of the application, the MDA shall issue certification designating the business enterprise as eligible for the tax exemptions authorized by this article. This certification shall document the date by which all commitments must be met.
(2)
Upon the issuance of the certification, the business enterprise shall be exempt from state taxes for a period of ten (10) years subject to the performance requirements set out in the agreement required by subsection (3)(c) of this section. If the business enterprise is located in an area that has been declared by the Governor to be a disaster area and as a direct result of the disaster the business enterprise is unable to utilize the exemption from state taxes, the MDA may extend the period of time by which the minimum requirements must be met and duration of the exemption from state taxes for not more than two (2) years. Any business enterprise that has property or equipment purchased utilizing the state tax exemption that is damaged or destroyed as a result of the disaster may purchase replacement equipment and component building materials exempt from sales and use tax.
(3)
The following conditions, along with any other conditions the MDA shall promulgate from time to time by rule or regulation, shall apply to such exemptions:
(a)
Any exemption provided under this article is nontransferable and cannot be applied, used or assigned to any other person or business or tax account without prior approval by the MDA;
(b)
No approved business enterprise may claim or use the exemption granted under this article unless that enterprise is in full compliance with all state and local tax laws, and related ordinances and resolutions; and
(c)
The business enterprise must enter into an agreement with the MDA which sets out, at a minimum, the performance requirements of the approved business enterprise during the term of the exemption and provisions for the recapture of all or a portion of the taxes exempted if the performance requirements of the business enterprise are not met.
(4)
Upon certifying a business enterprise as eligible for the exemptions under this article, the MDA shall forward the certification along with any other necessary information to the Department of Revenue so that the exemptions can be implemented. The Department of Revenue shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, for the implementation of the state tax exemptions granted under this article.
Laws, 2010, ch. 533, § 14, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 1 - BUSINESS ENTERPRISE TAX EXEMPTIONS: CLEAN ENERGY GENERATION AND AEROSPACE INDUSTRY ENTERPRISES (§§ 57-113-1 — 57-113-7) › Section 57-113-7 - Promulgation of rules and regulations

The MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, for the implementation and administration of this article.
Laws, 2010, ch. 533, § 15, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 3 - BUSINESS ENTERPRISE TAX EXEMPTIONS: DATA CENTER ENTERPRISES (§§ 57-113-21 — 57-113-27) › Section 57-113-21 - Definitions

As used in this article:
(a)
"Business enterprise" means any business enterprise owning or operating a data center with a minimum capital investment in this state of Twenty Million Dollars ($20,000,000.00) which will create a minimum of twenty (20) new, full-time jobs with a minimum average annual salary of not less than one hundred twenty-five percent (125%) of the average annual state wage.
(b)
"Data center" means a business enterprise that utilizes hardware, software, technology, infrastructure and/or workforce, to store, manage or manipulate digital data.
(c)
"MDA" means the Mississippi Development Authority.
(d)
"State tax" means:
(i)
Any sales and use tax imposed on the business enterprise pursuant to law related to the purchase or lease of component building materials and equipment for initial construction of facilities or expansion of facilities that are certified by the Mississippi Development Authority;
(ii)
Any sales and use tax imposed by law on the business enterprise pursuant to law related to the purchase of replacement hardware, software or other necessary technology to operate a data center;
(iii)
All income tax imposed pursuant to law on income earned by the business enterprise certified by the Mississippi Development Authority; and
(iv)
Franchise tax imposed pursuant to law on the value of capital used, invested or employed by the business enterprise certified by the Mississippi Development Authority.
Laws, 2010, ch. 533, § 16, eff. 7/1/2010.
Amended by Laws, 2019, ch. 396, SB 2271,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 3 - BUSINESS ENTERPRISE TAX EXEMPTIONS: DATA CENTER ENTERPRISES (§§ 57-113-21 — 57-113-27) › Section 57-113-23 - Application for tax exemptions

Business enterprises wishing to apply for the tax exemptions authorized by this article shall make application to the MDA prior to construction or acquisition of the buildings for the location or expansion of the business enterprise in this state. The application, at a minimum, shall contain:
(a)
An overview of the project that includes the selected site, the number of jobs proposed, the length of time necessary for the company to meet its investment and employment requirements;
(b)
A two-year business plan, which shall include pro forma financial statements for the project and any service contracts to be performed at the Mississippi facility;
(c)
Data supporting the expertise of the project's principals;
(d)
An acknowledgment that the business entity will be required to provide annual documentation to demonstrate that the minimum job requirement is being maintained; and
(e)
Such information as may be requested by the MDA.
Laws, 2010, ch. 533, § 17, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 3 - BUSINESS ENTERPRISE TAX EXEMPTIONS: DATA CENTER ENTERPRISES (§§ 57-113-21 — 57-113-27) › Section 57-113-25 - Certification of eligibility for tax exemption; term of exemption; nontransferability of exemption; performance requirements of approved business enterprise

(1)
Upon approval of the application, the MDA shall issue a certification designating the business enterprise as eligible for the tax exemptions authorized by this article. This certification shall document the date by which all commitments must be met.
(2)
Upon the issuance of the certification, the business enterprise shall be exempt from state taxes for a period of ten (10) years subject to the performance requirements set out in the agreement required by subsection (3)(c) of this section.
(3)
The following conditions, along with any other conditions the MDA shall promulgate from time to time by rule or regulation, shall apply to such exemptions:
(a)
Any exemption provided under this article is nontransferable and cannot be applied, used or assigned to any other person or business or tax account without prior approval by the MDA;
(b)
No approved business enterprise may claim or use the exemption granted under this article unless that enterprise is in full compliance with all state and local tax laws, and related ordinances and resolutions; and
(c)
The business enterprise must enter into an agreement with the MDA which sets out, at a minimum, the performance requirements of the approved business enterprise during the term of the exemption and provisions for the recapture of all or a portion of the taxes exempted if the performance requirements of the business enterprise are not met.
(4)
Upon certifying a business enterprise as eligible for the exemptions under this article, the MDA shall forward the certification along with any other necessary information to the Department of Revenue so that the exemptions can be implemented. The Department of Revenue shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, for the implementation of the state tax exemptions granted under this article.
Laws, 2010, ch. 533, § 18, eff. 7/1/2010.
Amended by Laws, 2019, ch. 396, SB 2271,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 113 - BUSINESS ENTERPRISE TAX EXEMPTIONS (§§ 57-113-1 — 57-113-27) › Article 3 - BUSINESS ENTERPRISE TAX EXEMPTIONS: DATA CENTER ENTERPRISES (§§ 57-113-21 — 57-113-27) › Section 57-113-27 - Promulgation of rules and regulations

The MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, for the implementation and administration of this article.
Laws, 2010, ch. 533, § 19, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Flexible Tax Incentive Act."
Added by Laws, 2022, ch. 462, SB 2159,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-5 - Application for the mFlex tax incentive

Business or industrial enterprises wishing to apply for the mFlex tax incentive authorized by this chapter shall make application to the authority, on a form prescribed thereby; provided that the application shall, at a minimum, contain:
(a)
A brief overview of the applicant's business or industry, including its formation type (e.g., corporation, limited liability company, limited partnership, etc.), its date of incorporation or formation thereof, and the location of its principal headquarters, together with its principal place of business in the state, if the applicant already has one or more facilities located in the state;
(b)
The location of the selected project site or locations of selected project sites, if multiple locations will be involved;
(c)
A description of the proposed project;
(d)
The amount of the qualified investment proposed to be made as a result of the proposed project, including a breakout of projected expenditures for manufacturing machinery, nonmanufacturing equipment and component building materials to establish and equip the proposed project;
(e)
If the proposed project will be an expansion of an existing business or industrial operation, the current number of base full-time jobs;
(f)
The number of new full-time jobs proposed to be created as a result of the proposed project;
(g)
The average employer wage proposed to be paid by the applicant for new full-time jobs disclosed in the application;
(h)
A description of benefits, including but not limited to, health, dental and/or vision insurance, retirement savings account, etc. made available to employees, as well as a description of any employees to whom such benefits are not made available (e.g., part-time employees);
(i)
The length of time necessary for the applicant to meet its qualified investment and new full-time job creation projections;
(j)
A list of all affiliates of the qualified business or industry known at the time of the application, including the Federal Employer Identification Number for each such affiliate, which have or are expected to have any state tax liability that may be offset by all or some portion of the mFlex tax incentives awarded to the qualified business or industry;
(k)
An acknowledgment that the applicant, if awarded an mFlex tax incentive pursuant to this chapter, will be required to provide the annual report prescribed by Section
57-114-13
to demonstrate the actual amount of its qualified investment, including actual expenditures on manufacturing machinery, nonmanufacturing equipment and component building materials, and the number of new full-time jobs created and maintained as a result of the project; and
(l)
Any other information as may be requested by the authority.
Added by Laws, 2022, ch. 462, SB 2159,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-11 - Exclusive utilization of mFlex tax incentive

(1)
A qualified business or industry awarded any mFlex tax incentive by the authority for its qualified economic development project pursuant to this chapter shall not be eligible for, nor shall it apply for or claim, any one or more of the following tax credits, exemptions or incentives for such qualified project:
(a)
For any new full-time job, any state income tax credit authorized by Sections
27-7-22.17
,
27-7-22.18
,
27-7-22.19
,
27-7-22.27
,
27-7-22.29
,
27-7-22.34
,
27-7-22.36
and
57-73-21(2) through (5)
;
(b)
For any new full-time job, any withholding tax rebate authorized by Sections
57-62-1
through
57-62-7
or Sections
57-100-1
through
57-100-9
;
(c)
Any exemption from state income tax authorized by Section
27-7-30
, Sections
57-80-1
through
57-80-11
, Sections
57-113-1
through
57-113-7
, and Sections
57-113-21
through
57-113-27
;
(d)
Any state income tax credit authorized by Section
27-7-22.20
or Section
27-7-22.35
;
(e)
Any exemption from state sales or use tax authorized by Section
27-65-101(1)(q), (r), (v), (w), (x), (y), (cc), (dd), (ff), (gg), (hh), (kk), (ll), (mm), (nn), (qq), (uu), (vv), (2) or (3)
; Sections
57-80-1
through
57-80-11
; Sections
57-113-1
through
57-113-7
; and Sections
57-113-21
through
57-113-27
;
(f)
Any exemption from state franchise tax authorized by Section
27-13-5(4)
, Section
27-13-7(4)
, Sections
57-80-1
through
57-80-11
, Sections
57-113-1
through
57-113-7
, and Sections
57-113-21
through
57-113-27
.
(2)
Notwithstanding subsection (1) of this section, a qualified business or industry shall not be prohibited from applying for or receiving any of the tax credits, exemptions or incentives described in paragraphs (a) through (f) of subsection (1) of this section for any project or expansion which is not certified by the authority as a qualified economic development project and for which no mFlex tax incentive is awarded by the authority, notwithstanding the fact the qualified business or industry is awarded an mFlex tax incentive by the authority for a specific qualified economic development project undertaken thereby.
Added by Laws, 2022, ch. 462, SB 2159,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-17 - Implementation and exclusive jurisdiction

(1)
The authority and the Department of Revenue shall implement the provisions of this chapter and exercise all powers as authorized in this chapter; however, the application of this chapter and the offering and awarding of any mFlex tax incentive as to any particular qualified business or industry shall be carried out at the discretion of the authority subject to, and in compliance with, this chapter. The exercise of powers conferred by this chapter shall be deemed and held to be the performance of essential public purposes.
(2)
The authority shall have sole and exclusive jurisdiction and authority to determine whether an applicant qualifies as a qualified business or industry, whether an applicant's project qualifies as a qualified economic development project, whether to certify an applicant and its project as a qualified business or industry undertaking a qualified economic development project and the eligibility thereof for the mFlex tax incentive, the initial calculation of any mFlex tax incentive award, any terms or conditions or further requirements to be included in any mFlex agreement, and any subsequent adjustments to any mFlex tax incentive award or any revocation thereof, in all instances in accordance with this chapter.
(3)
Nothing in this chapter shall be construed to constitute a guarantee or assumption by the State of Mississippi of any debt of any corporation, limited liability company, partnership, person or sole proprietorship, business trust or other legal entity and subunit or affiliate thereof nor to authorize the credit of the state to be given, pledged or loaned to any corporation, limited liability company, partnership, person or sole proprietorship, business trust or other legal entity and subunit or affiliate thereof. Further, nothing in this chapter gives any right to any qualified business or industry to the tax incentives authorized by this chapter unless such incentive is awarded by this chapter.
Added by Laws, 2022, ch. 462, SB 2159,§ 9, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-19 - Promulgation of rules and regulations

The authority and the Department of Revenue shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, Section
25-43-1.101
et seq. and all application forms and other forms necessary to implement their respective duties and responsibilities under the provisions of this chapter.
Added by Laws, 2022, ch. 462, SB 2159,§ 10, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 114 - MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT (§§ 57-114-1 — 57-114-21) › Section 57-114-21 - Grant equal to difference between mFlex tax incentive payment and amount of mFlex incentive a qualified entity would have been eligible for if mFlex incentive had been calculated using applicable income tax rates in Section 27-7-5 that were in effect before January 1, 2023

From and after January 1, 2023, if the amount of any mFlex tax incentive or other incentive that a qualified business or other entity is eligible to receive under the Mississippi Flexible Tax Incentive Act is less than the amount of the mFlex tax incentive or other incentive that the qualified business or other entity would have been eligible to receive or to use if the mFlex tax incentive or other incentive had been calculated using any applicable income tax rates in Section
27-7-5
, Mississippi Code of 1972, that were in effect before January 1, 2023, then the qualified business or other entity shall receive a grant from the Mississippi Development Authority equal to the difference between such two amounts.
Added by Laws, 2022, ch. 462, SB 2159,§ 19, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 115 - MISSISSIPPI SMALL BUSINESS INVESTMENT COMPANY ACT (§§ 57-115-1 — 57-115-11) › Section 57-115-1 - Short title

This chapter shall be known and may be cited as the Mississippi Small Business Investment Company Act.
Laws, 2011, ch. 524, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 115 - MISSISSIPPI SMALL BUSINESS INVESTMENT COMPANY ACT (§§ 57-115-1 — 57-115-11) › Section 57-115-11 - Rules and regulations for implementation of chapter

The MDA and the department each may promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, for the implementation and administration of this chapter.
Laws, 2011, ch. 524, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-1 - [Repealed effective 7/1/2025] Short title

This chapter shall be known and may be cited as the "Mississippi Health Care Industry Zone Act."
Laws, 2012, ch. 520, § 1, eff. 7/1/2012.
Reenacted without change by Laws, 2022, ch. 449, HB 474,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-3 - [Repealed effective 7/1/2025] Definitions

In this chapter:
(a)
"Health care industry facility" means:
(i)
A business engaged in the research and development of pharmaceuticals, biologics, biotechnology, diagnostic imaging, medical supplies, medical equipment or medicine and related manufacturing or processing, medical service providers, medical product distribution, or laboratory testing that creates a minimum of twenty-five (25) new full-time jobs and/or Ten Million Dollars ($10,000,000.00) of capital investment after July 1, 2012; or
(ii)
A business that 1. is located on land owned by or leased from an academic health science center with a medical school accredited by the Liaison Committee on Medical Education and a hospital accredited by the Joint Committee on Accreditation of Healthcare Organizations and 2. creates a minimum of twenty-five (25) new jobs and/or Twenty Million Dollars ($20,000,000.00) of capital investment after July 1, 2012.
The term "health care industry facility" does not include any medical cannabis establishment as defined in the Mississippi Medical Cannabis Act.
(b)
"MDA" means the Mississippi Development Authority.
(c)
"Health care industry zone" means a geographical area certified by the MDA as provided for in Section
57-117-5
.
(d)
"Local government unit" means any county or incorporated city, town or village in the State of Mississippi.
(e)
"Person" means a natural person, partnership, limited liability company, association, corporation, business trust or other business entity.
(f)
"Qualified business" means a business or health care industry facility that meets the requirements of Section
57-117-7
and any other requirements of this chapter. The term "qualified business" does not include any medical cannabis establishment as defined in the Mississippi Medical Cannabis Act.
Laws, 2012, ch. 520, § 2, eff. 7/1/2012.
Reenacted and amended by Laws, 2022, ch. 449, HB 474,§ 2, eff. 7/1/2022.
Amended by Laws, 2022, ch. 303, SB 2095,§ 95, eff. 2/2/2022.
Amended by Laws, 2013, ch. 505, HB 722, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-5 - [Repealed effective 7/1/2025] Health care industry zone requirements

(1)
The MDA may certify an area as a health care industry zone if the following requirements are met:
(a)
The area is located within:
(i)
Three (3) contiguous counties which have certificates of need of more than three hundred seventy-five (375) acute care hospital beds; and/or
(ii)
A county which has a hospital with a minimum capital investment of Two Hundred Fifty Million Dollars ($250,000,000.00) and for which construction is completed before July 1, 2017;
(b)
The health care industry facility is located within an eight-mile radius of:
(i)
A facility with a certificate of need for hospital beds; and/or
(ii)
A university or college that is:
1.
Accredited by the Southern Association of Colleges and Schools and awards degrees and/or trains workers for jobs in health care or pharmaceutical fields of study and/or work, and
2.
Located along or near Mississippi Highway 67 within a master planned community as defined in Section
19-5-10
; and
(c)
The zoning of the local government unit, if applicable, allows the construction or operation in the proposed health care industry zone of the health care industry facility.
(2)
A health care industry facility that engages in an activity for which a certificate of need is required must comply with the provisions of Section
41-7-191
in order to be certified as a qualified business.
(3)
The MDA may adopt and promulgate such rules and regulations, in compliance with the Mississippi Administrative Procedures Law, as are necessary for the efficient and effective administration of this section in keeping with the purposes for which it is enacted.
Laws, 2012, ch. 520, § 3, eff. 7/1/2012.
Amended by Laws, 2024, ch. 522, HB 1417,§ 1, eff. 7/1/2024.
Reenacted without change by Laws, 2022, ch. 449, HB 474,§ 3, eff. 7/1/2022.
Amended by Laws, 2013, ch. 505, HB 722, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-7 - [Repealed 7/1/2025] Certification of businesses and health care industry facilities as qualified business; exemption from certain taxes; other tax benefits

(1)
Businesses and health care industry facilities shall apply to the MDA for certification as a qualified business. If the health care industry facility or business is located in a health care industry zone and meets the requirements of this chapter, the MDA shall certify it as a qualified business.
(2)
A health care industry facility or business certified by the MDA as a qualified business within a health care industry zone that constructs or renovates a health care industry facility within a health care industry zone shall qualify for the following:
(a)
An accelerated state income tax depreciation deduction. The accelerated depreciation deduction shall be computed by accelerating depreciation period required by Mississippi Administrative Code, to a ten-year depreciation period.
(b)
A sales tax exemption as authorized in Section
27-65-101(1)(pp)
.
(c)
A fee-in-lieu of taxes as authorized in Section
27-31-104
.
(d)
An ad valorem tax exemption as authorized in Section
27-31-101
.
Laws, 2012, ch. 520, § 4, eff. 7/1/2012.
Reenacted without change by Laws, 2022, ch. 449, HB 474,§ 4, eff. 7/1/2022.
Amended by Laws, 2013, ch. 505, HB 722, 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-9 - [Repealed 7/1/2025] Revocation of health care industry zone certification

If the qualified business has not created the requisite number of jobs required by this chapter, the health care industry zone certification may be revoked by MDA after five (5) years have elapsed from the effective date of certification. A revocation under this section shall not act retroactively to remove any incentives granted by this chapter.
Laws, 2012, ch. 520, § 5, eff. 7/1/2012.
Reenacted without change by Laws, 2022, ch. 449, HB 474,§ 5, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 117 - [Repealed] (§§ 57-117-1 — 57-117-11) › Section 57-117-11 - [Repealed 7/1/2025] Repeal of Sections 57-117-1 through 57-117-11

Sections
57-117-1
through
57-117-11
shall be repealed from and after July 1, 2025.
Laws, 2012, ch. 520, § 6, eff. 7/1/2012, amended by Laws, 2022, ch. 449, HB 474,§ 10, eff. 7/1/2022.
Amended by Laws, 2022, ch. 449, HB 474,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 119 - GULF COAST RESTORATION FUND (§§ 57-119-1 — 57-119-17) › Section 57-119-1 - Gulf Coast Restoration Fund (GCRF)

(1)
There is created in the State Treasury a special fund to be designated as the "Gulf Coast Restoration Fund" (GCRF). The GCRF shall consist of funds required to be deposited into the GCRF by Section
27-103-302
, funds appropriated or otherwise made available by the Legislature in any manner, and funds from any other source designated for deposit into the GCRF. Unexpended amounts remaining in the GCRF at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the GCRF shall be deposited to the credit of the GCRF.
(2)
Monies in the GCRF shall be administered by the Mississippi Development Authority (MDA), and shall be used, upon appropriation by the Legislature, to provide assistance to applicants through programs or projects authorized by this chapter. Monies in the GCRF shall be used only for programs or projects that are located in the Gulf Coast region as defined in the federal RESTORE Act, or twenty-five (25) miles from the northern boundaries of the three (3) coastal counties of Harrison, Hancock and Jackson, but not to expand beyond the boundaries of Hancock, Harrison, Jackson, Pearl River, Stone, and George Counties. If a county is included in the coastal zone, then the county seat and the land lying to the east, west and south within that county would be considered a part of the coastal zone.
Added by Laws, 2018EX1, ch. 3, SB 2002,§ 3, eff. 9/5/2018.
Mississippi Code 1972 (2023) › Title 57 - PLANNING, RESEARCH AND DEVELOPMENT (§§ 57-NEW-001 — 57-123-55) › Chapter 119 - GULF COAST RESTORATION FUND (§§ 57-119-1 — 57-119-17) › Section 57-119-3 - Use of fund monies only for purposes specified in this chapter and upon appropriation by the Legislature; full faith and credit of state for GCRF monies obligated or pledged as security for MDA debt

(1)
Monies in the Gulf Coast Restoration Fund shall be used only for the purposes specified in this chapter, and no other expenditure, appropriation or transfer of monies in the GCRF shall be made except by an act of the Legislature making specific reference to the GCRF as the source of those monies.
(2)
If any monies in the GCRF are obligated or pledged as security for any debt incurred by MDA, and the monies in the GCRF that have been obligated or pledged are later expended, appropriated, transferred, obligated or pledged for any other purpose, the debt for which the monies were originally obligated or pledged shall be the obligation and indebtedness of the State of Mississippi secured by the full faith and credit of the state.
Added by Laws, 2018EX1, ch. 3, SB 2002,§ 4, eff. 9/5/2018.