reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.220 - Income earned by business, revenue producing enterprise, in zone, residential units, exemption, how computed.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1994
135.220. Income earned by business, revenue producing enterprise, in zone, residential units, exemption, how computed. —
1. The provisions of chapter 143 notwithstanding, one-half of the Missouri taxable income attributed to a new business facility in an enterprise zone which is earned by a taxpayer establishing and operating a new business facility located within an enterprise zone shall be exempt from taxation under chapter 143. A taxpayer operating a revenue producing enterprise as defined in paragraph (d) of subdivision (6) of section 135.200 may elect to exempt from taxation under chapter 143 one-half of the Missouri taxable income attributed to a new business facility in an enterprise zone or may elect to claim a fifty-dollar credit against the tax imposed under chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, for each room constructed for use as a bedroom for each qualifying residential unit. A
"bedroom"
is defined as a structurally separate room used primarily for sleeping, and not as a living room, dining room, kitchen or closet. That portion of income attributed to the new business facility shall be determined in a manner prescribed in paragraph (b) of subdivision (7)
*
of section 135.100, except that compensation paid to truck drivers, or rail or barge vehicle operators shall be excluded from the fraction.
2. In the case of a small corporation described in section 143.471 or a partnership, in computing the Missouri taxable income of the taxpayers described in subdivisions (1) and (2) of this subsection, a deduction apportioned in proportion to their share of ownership of the business on the last day of the taxpayer's tax period for which such tax credits are being claimed, shall be allowed from their Missouri adjusted gross income in the amount of one-half of the Missouri taxable income earned by the new business facility, as determined by the method prescribed in subsection 1 of this section located within the enterprise zone, as defined in this section, to the following:
(1) The shareholders of a small corporation described in section 143.471;
(2) The partners in a partnership.
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(L. 1982 H.B. 1713, et al. § 6, A.L. 1983 H.B. 559, A.L. 1986 S.B. 727, A.L. 1991 H.B. 294 & 405, A.L. 1992 S.B. 661 & 620, A.L. 1994 H.B. 1248 & 1048)
*In 2019, statutory reference to subdivision "(6)" changed to "(7)" in accordance with section 3.060 based on renumbering in section 135.100.
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.235 - Tax credit for expense of training employees — small corporations and partnerships.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1991
135.235. Tax credit for expense of training employees — small corporations and partnerships. —
To the extent that expenses incurred by a new business facility in an enterprise zone for the training of persons employed in the operation of the new business facility is not covered by an existing federal, state or local program, such new business facility shall be eligible for a full tax credit equal to eighty percent of that portion of such training expenses which are in excess of four hundred dollars for each trainee who is a resident of the enterprise zone or who was at the time of such employment at the new business facility unemployable or difficult to employ as defined in section 135.240, provided such credit shall not exceed four hundred dollars for each employee trained. In the case of a small corporation described in section 143.471 or a partnership, all credits allowed by this section shall be apportioned in proportion to the share of ownership of the business to the following:
(1) The shareholders of the corporation described in section 143.471; or
(2) The partners in a partnership.
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(L. 1982 H.B. 1713, et al. § 9, A.L. 1986 S.B. 727, A.L. 1991 H.B. 294 & 405)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.240 - Employees for which employer may claim training credit.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 06 Jul 1992, see footnote
135.240. Employees for which employer may claim training credit. —
The provisions of subdivision (3) of section 135.225 and section 135.230 shall apply to employees determined to:
(1) Be difficult to employ. For the purpose of this section,
"a person difficult to employ"
shall mean a person who was unemployed for at least three months immediately prior to being employed at the new business facility in the enterprise zone; or
(2) Be eligible for aid to families with dependent children or general relief programs.
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(L. 1982 H.B. 1713, et al. § 10, A.L. 1986 S.B. 727, A.L. 1991 H.B. 294 & 405, A.L. 1992 S.B. 661 & 620)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.255 - Displaced enterprise zone resident assistance, when, limitations.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1982
135.255. Displaced enterprise zone resident assistance, when, limitations. —
After August 13, 1982, whenever an enterprise zone resident becomes displaced as a result of condemnation authorized under the provisions of chapter 353 and is displaced from a dwelling which was actually owned and occupied by the displaced person as his principal residence for not less than one year prior to the initiation of negotiations for acquisition of the property, the redevelopment corporation shall make payment to the displaced person upon proper application for:
(1) Actual expenses up to five hundred dollars incurred in moving himself, his family and other personal property; or the displaced person may elect to be moved by licensed, bonded moving services, or receive
*
a moving expense allowance up to a maximum of five hundred dollars;
(2) Actual dislocation expenses incurred up to two hundred dollars, including as eligible expenses, but not limited to, utility connection costs, and other incidental expenses;
(3) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the redevelopment corporation, equals the reasonable cost of a replacement dwelling which is comparable to the dwelling being acquired in size, condition, and accessibility to public services, and commercial facilities, and which is reasonably accessible to his place of employment, and is available on the private market without discrimination due to race, color, creed, religion, national origin, sex or source of income;
(4) The amount, if any, which will compensate the displaced person for any increased interest costs which such person is required to pay for financing the acquisition of a replacement dwelling. Such amount shall be equal to the interest differential between the existing and new mortgage based upon the remaining principal and term on the existing mortgage;
(5) The amount, if any, which will compensate the displaced person for any increased monthly payments for principal, interest, taxes and insurance which such person is required to pay due to the loss by such person of government subsidies, including, but not limited to, subsidies under Section 235 of Title 24, Code of Federal Regulations, as a result of being displaced. Such amount shall be discounted to present value. The discount rate shall be five and one-half percent. The payments authorized by this section shall be made only to a displaced person who purchases or occupies a replacement dwelling which is decent, safe and sanitary not later than one year after the date on which the displaced person receives payment of consideration for the acquired dwelling or the date on which the displaced person moves from the acquired dwelling, whichever is later. No payment under this section to any displaced person may exceed ten thousand dollars.
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(L. 1982 H.B. 1713, et al. § 13)
*Word "received" appears in original rolls.
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.256 - Enterprise zone to be established in certain cities (Rolla).

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1989
135.256. Enterprise zone to be established in certain cities (Rolla). —
In addition to the number of enterprise zones authorized under the provisions of sections 135.206 and 135.210, the department of economic development shall designate one such zone in every city of the third class in every county of the third class which contains a state university whose primary mission is engineering studies and technical research. Such enterprise zone designation shall only be made if the area in the city which is to be included meets all the requirements of section 135.205.
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(L. 1989 H.B. 249 & 47 § 1 merged with S.B. 59 § 1)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.257 - Enterprise zone to be established in city not within a county (St. Louis).

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 23 Dec 1997, see footnote
135.257. Enterprise zone to be established in city not within a county (St. Louis). —
In addition to the number of enterprise zones authorized pursuant to the provisions of sections 135.206, 135.208, 135.210 and 135.256, the department of economic development shall designate one such zone in any city not within a county if such area which is to be included in the enterprise zone meets all the requirements of section 135.205.
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(L. 1997 2d Ex. Sess. S.B. 1 § 1)
Effective 12-23-97
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.258 - Letter of intent required, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1999, see footnote
135.258. Letter of intent required, when. —
1. A taxpayer shall not be entitled to receive the tax credits, the exemption and the refunds respectively provided for in sections 135.110, 135.220, 135.225, and 135.245 solely because the taxpayer has met and maintained the new investment and new job creation criteria required by sections 135.100 through 135.256. In addition to meeting these criteria, the taxpayer must be in receipt of an approved letter of intent as described in subsection 2 of this section. The taxpayer shall make available such copies of the approved letter of intent, as may be required, to the department of revenue.
2. In order to be eligible for the tax credits, exemption and refunds specified in subsection 1 of this section, a taxpayer must submit a letter of intent to the director of the department of economic development. The letter of intent shall be completed on a form that shall be prepared by the department. It need not contain an estimate of the amounts of the tax credits, exemption or refunds for which the taxpayer may become eligible. The letter of intent shall be submitted to the director at least fifteen days prior to the commencement of commercial operations as defined in subdivision (1) of section 135.100. The director shall approve or deny the letter of intent and return such to the taxpayer within fifteen days of its receipt.
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(L. 1998 H.B. 1656)
Effective 1-01-99
CROSS REFERENCE:
Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.259 - Enterprise zone designated for a certain county (Wright County)

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2002
135.259. Enterprise zone designated for a certain county (Wright County) —
In addition to the number of enterprise zones authorized pursuant to the provisions of sections 135.206, 135.210, 135.256 and 135.257, the department of economic development shall designate one such zone for any county of the third classification without a township form of government with a population of less than eighteen thousand and more than seventeen thousand nine hundred. Such enterprise zone designation shall only be made if such area which is to be included in the enterprise zone meets all the requirements of section 135.205.
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(L. 2002 S.B. 856)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.260 - Enterprise zone designated for a certain city (Carl Junction)

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2002
135.260. Enterprise zone designated for a certain city (Carl Junction) —
In addition to the number of enterprise zones authorized pursuant to the provisions of sections 135.206 and 135.210, the department of economic development shall designate one such zone in every city of the fourth classification with greater than five thousand two hundred inhabitants and less than five thousand three hundred inhabitants in every noncharter county of the first classification which contains greater than one hundred four thousand inhabitants and fewer than one hundred five thousand inhabitants. Such enterprise zone shall only be made if such area in the city which is to be included meets all the requirements of section 135.205.
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(L. 2002 S.B. 856)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.262 - Any area meeting enterprise zone requirements shall be designated as such.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2004
135.262. Any area meeting enterprise zone requirements shall be designated as such. —
In addition to the number of enterprise zones authorized under the provisions of sections 135.206 to 135.260, the department of economic development shall designate any area that meets all the requirements of section 135.205 as an enterprise zone.
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(L. 2004 S.B. 1155)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.270 - Strategic initiative investment income tax refund, automobile manufacturers or assemblers.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1998
135.270. Strategic initiative investment income tax refund, automobile manufacturers or assemblers. —
1. Any automobile manufacturer or assembler, as defined by standard industrial classification code (SIC) number 3711, that is located within a state enterprise zone established pursuant to sections 135.200 to 135.256 may make an application to the department of economic development for a strategic initiative investment income tax refund.
2. Such refunds shall be approved only if the total amount of tax credits certified for the automobile manufacturer or assembler in the four calendar years immediately preceding 1998 exceeded the company's total Missouri tax on taxable income in those years by an amount equal to at least twenty million dollars. In such cases, a portion of tax credits earned shall constitute an overpayment of taxes and may be refunded to the taxpayer in the manner authorized by this section as a strategic initiative income tax fund.
3. The department shall evaluate and may approve such applications based upon the importance of the manufacturer to the economy of Missouri, the company's investment of at least one hundred million dollars in new facilities or equipment, and the number of jobs to be created or retained as a result of new investment. Such applications may be approved annually for no longer than five successive years. The maximum amount of refund that may be awarded to the manufacturer or assembler shall not exceed two million dollars per year.
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(L. 1998 S.B. 827 § 1)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.277 - Taxable income of retained business facility exempt from income taxation, amount.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 07 Jul 2003, see footnote
135.277. Taxable income of retained business facility exempt from income taxation, amount. —
The provisions of chapter 143 notwithstanding, one-half of the Missouri taxable income attributed to an approved retained business facility that is earned by a taxpayer operating the approved retained business facility may be exempt from taxation under chapter 143. That portion of income attributed to the retained business facility shall be determined in a manner prescribed in paragraph (b) of subdivision (9) of section 135.276, except that compensation paid to truck drivers, rail, or barge vehicle operators shall be excluded from the fraction.
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(L. 2003 H.B. 289 merged with S.B. 620)
Effective 6-18-03 (S.B. 620); 7-07-03 (H.B. 289)
Contingent expiration date, see § 135.284
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.281 - Application for income tax refund (Hazelwood Ford Plant) — approval procedures.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 07 Jul 2003, see footnote
135.281. Application for income tax refund (Hazelwood Ford Plant) — approval procedures. —
1. Any taxpayer operating an approved retained business facility that is located within a state enterprise zone established pursuant to sections 135.200 to 135.256 may make an application to the department of economic development for an income tax refund.
2. Such refunds shall be approved only if the amount of tax credits certified for the taxpayer in the taxable year exceeded the company's total Missouri tax on taxable income in that year by an amount equal to at least one million dollars. In such cases, a portion of tax credits earned shall constitute an overpayment of taxes and may be refunded to the taxpayer in the manner authorized by this section.
3. The department shall evaluate and may approve such applications based upon the importance of the approved retained business facility to the economy of Missouri, the company's investment of at least five hundred million dollars in facilities or equipment, and the number of jobs to be created or retained. Such applications may be approved annually for no longer than five successive years. The maximum amount of refund that may be awarded to the manufacturer or assembler shall not exceed two million dollars per year. Notwithstanding other provisions of law to the contrary, if the taxpayer's tax credits issued under sections 135.276 to 135.283 for a taxable year exceed the taxpayer's taxable income by more than two million dollars, the credits may be carried forward for five years or until used, whichever is earlier, and may be included in refund amounts otherwise authorized by this section.
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(L. 2003 H.B. 289 merged with S.B. 620)
Effective 6-18-03 (S.B. 620); 7-07-03 (H.B. 289)
Contingent expiration date, see § 135.284
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.283 - Program application — approval by department — executed agreement required, contents.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 07 Jul 2003, see footnote
135.283. Program application — approval by department — executed agreement required, contents. —
1. A taxpayer shall apply to the department for approval to participate in the program authorized by sections 135.276 to 135.283. The application shall be in a form prescribed by and contain all information requested by the department to determine eligibility for the program and for the department to make its decision whether to approve the taxpayer for participation in the program.
2. The department may issue an approval contingent upon the successful execution of an agreement between the department and the taxpayer seeking approval of a facility as a retained business facility which shall include, but not be limited to, the following:
(1) A detailed description of the project that is the subject of the agreement;
(2) A requirement that the taxpayer shall annually report to the department the total amount of salaries and wages paid to eligible employees in retained business facility jobs, and any other information the department requires to confirm compliance with the requirements of sections 135.276 to 135.283;
(3) A requirement that the taxpayer shall provide written notification to the director not more than thirty days after the taxpayer makes or receives a proposal that would transfer the taxpayer's state tax liability obligations to a successor taxpayer;
(4) A requirement that the taxpayer shall maintain operations at the facility location for at least ten years at a certain employment level;
(5) The requirements otherwise required by sections 135.276 to 135.283; and
(6) A provision for repayment of incentives upon breach of the agreement.
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(L. 2003 H.B. 289 merged with S.B. 620)
Effective 6-18-03 (S.B. 620); 7-07-03 (H.B. 289)
Contingent expiration date, see § 135.284
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.284 - Contingent expiration of certain sections.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2013, 3 histories
135.284. Contingent expiration of certain sections. —
1. The repeal and reenactment of sections 100.710 and 100.840, and the enactment of sections 135.276, 135.277, 135.279, 135.281, and 135.283 shall expire on January 1, 2006, if no essential industry retention projects have been approved by the department of economic development by December 31, 2005. If an essential industry retention project has been approved by the department of economic development by December 31, 2005, the repeal and reenactment of sections 100.710 and 100.840, and the enactment of sections 135.276, 135.277, 135.279, 135.281, and 135.283 shall expire on January 1, 2020
*
.
2. Notwithstanding any other provision of law to the contrary, the time for approval of essential industry retention projects as identified in subsection 1 of this section is extended until December 31, 2007, and if an essential industry retention project has been approved by the department of economic development by December 31, 2007, the provisions of subsection 1 of this section shall expire on January 1, 2020
*
.
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(L. 2003 H.B. 289 § B merged with S.B. 620 § B, A.L. 2005 S.B. 343 §§ 135.284, 1, A.L. 2013 H.B. 196)
*Revisor's note: No notification was provided to the Revisor of Statutes regarding this section.
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.286 - Revenue-producing enterprises not eligible for certain tax benefits — time period of exemptions.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2004
135.286. Revenue-producing enterprises not eligible for certain tax benefits — time period of exemptions. —
1. Notwithstanding any provision of law to the contrary, no revenue-producing enterprise shall receive the state tax exemption, state tax credits, or state tax refund as provided in sections 135.200 to 135.283 for facilities commencing operations on or after January 1, 2005. This provision is not intended to affect in any way the local real property tax abatement authorized by section 135.215.
2. Notwithstanding subsection 4 of section 135.215 to the contrary, if an exemption pursuant to section 135.215 is granted on property prior to the expiration of the twenty-five year anniversary of the designation of the enterprise zone, the property may continue to receive that exemption for up to twenty-five years following the date the exemption on that property was granted, provided that the total number of years of exemption on that property shall not exceed twenty-five.
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(L. 2004 S.B. 1155)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.300 - Definitions.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1997, see footnote
135.300. Definitions. —
As used in sections 135.300 to 135.311, unless the context requires otherwise, the following terms mean:
(1)
"Missouri forestry industry residue"
, any residue that results from normal timber harvest or production to include slash, sawdust, shavings, edgings, slabs, leaves, bark, and timber thinnings from timber stand improvements;
(2)
"Processed wood products"
, wood pellets, cubes, flour, or any product that results from thermal, chemical, or mechanical processes that sufficiently alter the wood residue to be used as an energy source. Hogged wood and chipped wood do not qualify as processed wood energy resources under sections 135.300 to 135.311;
(3)
"Wood energy producer"
, any person, firm or corporation who engages in the business of producing processed wood products, to be used as an energy source, from Missouri forest industry residues;
(4)
"Wood energy producing facility"
, a Missouri facility using Missouri forest industry residue to produce processed wood products.
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(L. 1985 H.B. 831 § 1, A.L. 1996 H.B. 1237)
Effective 1-01-97
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.305 - Eligibility — amount of tax credit.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 02 Jan 2023, 3 histories, see footnote
135.305. Eligibility — amount of tax credit. —
A Missouri wood energy producer shall be eligible for a tax credit on taxes otherwise due under chapter 143, except sections 143.191 to 143.261, as a production incentive to produce processed wood products in a qualified wood-producing facility using Missouri forest product residue. The tax credit to the wood energy producer shall be five dollars per ton of processed material. The credit may be claimed for a period of five years and is to be a tax credit against the tax otherwise due. No new tax credits, provided for under sections 135.300 to 135.311, shall be authorized after June 30, 2028. In no event shall the aggregate amount of all tax credits allowed under sections 135.300 to 135.311 exceed six million dollars in any given fiscal year. There shall be no tax credits authorized under sections 135.300 to 135.311 unless an appropriation is made for such tax credits.
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(L. 1985 H.B. 831 § 2, A.L. 1996 H.B. 1237, A.L. 2008 H.B. 2058, A.L. 2014 S.B. 729, A.L. 2022 1st Ex. Sess. H.B. 3)
Effective 1-02-23
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.307 - Credit exceeding tax, not refunded, effect.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1997, see footnote
135.307. Credit exceeding tax, not refunded, effect. —
Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed four years.
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(L. 1985 H.B. 831 § 3, A.L. 1996 H.B. 1237)
Effective 1-01-97
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.309 - Assignment of credit, procedure.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1997, see footnote
135.309. Assignment of credit, procedure. —
The wood energy producer may elect to assign to a third party the approved tax credit. Certification of assignment and other appropriate forms must be filed with the Missouri department of revenue.
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(L. 1985 H.B. 831 § 4, A.L. 1996 H.B. 1237)
Effective 1-01-97
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.311 - Application, content, filed where.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2018, 2 histories
135.311. Application, content, filed where. —
When applying for a tax credit the wood energy producer shall make application for the credit to the division of energy of the department of economic development. The application shall include:
(1) The number of tons of processed wood products produced during the preceding calendar year;
(2) The name and address of the person to whom processed products were sold and the number of tons sold to each person;
(3) Other information which the department of economic development reasonably requires. The application shall be received and reviewed by the division of energy of the department of economic development and the division shall certify to the department of revenue each applicant which qualifies as a wood energy-producing facility.
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(L. 1985 H.B. 831 §§ 5, 6, A.L. 1991 S.B. 185, A.L. 1996 H.B. 1237, A.L. 2018 S.B. 975 & 1024 Revision)
CROSS REFERENCE:
Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.313 - Credit for charcoal producers.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1999, see footnote
135.313. Credit for charcoal producers. —
1. Any person, firm or corporation who engages in the business of producing charcoal or charcoal products in the state of Missouri shall be eligible for a tax credit on income taxes otherwise due pursuant to chapter 143, except sections 143.191 to 143.261, as an incentive to implement safe and efficient environmental controls. The tax credit shall be equal to fifty percent of the purchase price of the best available control technology equipment connected with the production of charcoal in the state of Missouri or, if the taxpayer manufactures such equipment, fifty percent of the manufacturing cost of the equipment, to and including the year the equipment is put into service. The credit may be claimed for a period of eight years beginning with the 1998 calendar year and is to be a tax credit against the tax otherwise due.
2. Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed seven years.
3. The charcoal producer may elect to assign to a third party the approved tax credit. Certification of assignment and other appropriate forms must be filed with the Missouri department of revenue and the department of economic development.
4. When applying for a tax credit, the charcoal producer specified in subsection 1 of this section shall make application for the credit to the division of environmental quality of the department of natural resources. The application shall identify the specific best available control technology equipment and the purchase price, or manufacturing cost of such equipment. The director of the department of natural resources is authorized to require permits to construct prior to the installation of best available control technology equipment and other information which he or she deems appropriate.
5. The director of the department of natural resources in conjunction with the department of economic development shall certify to the department of revenue that the best available control technology equipment meets the requirements to obtain a tax credit as specified in this section.
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(L. 1998 H.B. 1656)
Effective 1-01-99
CROSS REFERENCE:
Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.325 - Title.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2021, 2 histories
135.325. Title. —
Sections 135.325 to 135.339 shall be known and may be cited as the "Adoption Tax Credit Act".
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(L. 1987 S.B. 402 § 1, A.L. 2021 H.B. 429 merged with H.B. 430)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.326 - Definitions.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2021, 2 histories
135.326. Definitions. —
As used in sections 135.325 to 135.339, the following terms shall mean:
(1)
"Business entity"
, person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153;
(2)
"Child"
, any individual who:
(a) Has not attained an age of at least eighteen years; or
(b) Is eighteen years of age or older but is physically or mentally incapable of caring for himself or herself;
(3)
"Disability"
, a mental, physical, or emotional impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, and where the impairment is verified by medical findings;
(4)
"Nonrecurring adoption expenses"
, reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child and which are not incurred in violation of federal, state, or local law;
(5)
"Special needs child"
, a child for whom it has been determined by the children's division, or by a child-placing agency licensed by the state, or by a court of competent jurisdiction to be a child:
(a) That cannot or should not be returned to the home of his or her parents; and
(b) Who has a specific factor or condition such as age, membership in a sibling group, medical condition or diagnosis, or disability because of which it is reasonable to conclude that such child cannot be easily placed with adoptive parents;
(6)
"State tax liability"
, any liability incurred by a taxpayer under the provisions of chapter 143, chapter 147, chapter 148, and chapter 153, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265 and related provisions.
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(L. 1987 S.B. 402 § 2, A.L. 1995 H.B. 414, A.L. 1999 H.B. 316, et al., A.L. 2014 H.B. 1299 Revision, A.L. 2021 H.B. 429 merged with H.B. 430)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.329 - Credit not allowed, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1996, see footnote
135.329. Credit not allowed, when. —
No credit shall be allowable for that portion of the nonrecurring adoption expenses for which a credit is allowable and taken under any similar provision of federal, state, or local law. Credit may be taken up to the amount allowable under section 135.327 for that portion of the nonrecurring adoption expenses which exceed the credit taken under such other provision of federal, state or local law. If there is a deduction allowable and taken under any other provision of federal, state or local law which is similar to the credit allowable under section 135.327, the credit allowable for nonrecurring adoption expenses shall be reduced by the amount of the decrease in the tax liability resulting from taking such deduction. No credit shall be allowable for that portion of the nonrecurring adoption expenses paid from any funds received under any federal, state, or local program.
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(L. 1987 S.B. 402 § 4, A.L. 1995 H.B. 414)
Effective 1-01-96
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.331 - Adopted child eighteen years of age or older, credit not allowed — exception.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2023, 2 histories
135.331. Adopted child eighteen years of age or older, credit not allowed — exception. —
No credit shall be allowable for the adoption of any child who has attained the age of eighteen, unless it has been determined that the child has a medical condition or disability that would limit the child's ability to live independently of the adoptive parents.
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(L. 1987 S.B. 402 § 5, A.L. 2023 S.B. 24)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.333 - Credit exceeding tax due or applied for, refundable, when — effect of assignment, transfer or sale of tax credit.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2023, 2 histories
135.333. Credit exceeding tax due or applied for, refundable, when — effect of assignment, transfer or sale of tax credit. —
1. (1) For tax years beginning on or before December 31, 2023, any amount of tax credit which exceeds the tax due or which is applied for and otherwise eligible for issuance but not issued shall not be refunded but may be carried over to any subsequent tax year, not to exceed a total of five years for which a tax credit may be taken for each child adopted.
(2) For all tax years beginning on or after January 1, 2024, any amount of tax credit that is issued and which exceeds the tax due shall be refunded to the taxpayer; however, any tax credits carried forward from tax years beginning on or before December 31, 2023, shall not be refundable.
2. Tax credits that are assigned, transferred or sold as allowed in section 135.327 may be assigned, transferred or sold in their entirety notwithstanding the taxpayer's tax due.
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(L. 1987 S.B. 402 § 6, A.L. 1999 H.B. 316, et al., A.L. 2006 H.B. 1485 merged with S.B. 1229, A.L. 2023 S.B. 24)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.335 - Credit reduced, amount, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2021, 2 histories
135.335. Credit reduced, amount, when. —
In the year of adoption and in any year thereafter in which the credit is carried forward pursuant to section 135.333, the credit shall be reduced by an amount equal to the state's cost of providing care, treatment, maintenance and services when:
(1) The child is placed, with no intent to return to the adoptive home, in foster care or residential treatment licensed or operated by the children's division, the division of youth services or the department of mental health; or
(2) A juvenile court temporarily or finally relieves the adoptive parents of custody of the child.
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(L. 1987 S.B. 402 § 7, A.L. 2014 H.B. 1299 Revision, A.L. 2021 H.B. 429 merged with H.B. 430)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.337 - Credit not to be considered for adoption subsidy.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Jan 1996, see footnote
135.337. Credit not to be considered for adoption subsidy. —
A tax credit taken by a person or business entity under the provisions of sections 135.325 to 135.339 shall not be considered in determining the eligibility for, or the amount of, any adoption subsidy to the child adopted, including a subsidy for nonrecurring adoption expenses, that is available under any federal, state, or local program.
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(L. 1987 S.B. 402 § 8, A.L. 1995 H.B. 414)
Effective 1-01-96
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.339 - Rules authorized, procedure.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2014
135.339. Rules authorized, procedure. —
The director of revenue, in consultation with the children's division, shall prescribe such rules and regulations necessary to carry out the provisions of sections 135.325 to 135.339. No rule or portion of a rule promulgated under the authority of sections 135.325 to 135.339 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1987 S.B. 402 § 9, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.350 - Definitions.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 18 Jun 1991, see footnote
135.350. Definitions. —
As used in this section, unless the context clearly requires otherwise, the following words and phrases shall mean:
(1)
"Commission"
, the Missouri housing development commission, or its successor agency;
(2)
"Director"
, director of the department of revenue;
(3)
"Eligibility statement"
, a statement authorized and issued by the commission certifying that a given project qualifies for the Missouri low-income housing tax credit. The commission shall promulgate rules establishing criteria upon which the eligibility statements will be issued. The eligibility statement shall specify the amount of the Missouri low-income housing tax credit allowed. The commission shall only authorize the tax credits to qualified projects which begin after June 18, 1991;
(4)
"Federal low-income housing tax credit"
, the federal tax credit as provided in section 42 of the 1986 Internal Revenue Code, as amended;
(5)
"Low-income project"
, a housing project which has restricted rents that do not exceed thirty percent of median income for at least forty percent of its units occupied by persons of families having incomes of sixty percent or less of the median income, or at least twenty percent of the units occupied by persons or families having incomes of fifty percent or less of the median income;
(6)
"Median income"
, those incomes which are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size;
(7)
"Qualified Missouri project"
, a qualified low-income building as that term is defined in section 42 of the 1986 Internal Revenue Code, as amended, which is located in Missouri;
(8)
"Taxpayer"
, person, firm or corporation subject to the state income tax imposed by the provisions of chapter 143 (except withholding imposed by sections 143.191 to 143.265) or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, or an express company which pays an annual tax on its gross receipts in this state.
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(L. 1990 H.B. 960 § 3 subsec. 1, A.L. 1991 S.B. 185)
Effective 6-18-91
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.355 - Eligibility statement must be filed with tax return, failure to comply, effect — federal requirement to recapture, state requires to recapture, amount.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 2000
135.355. Eligibility statement must be filed with tax return, failure to comply, effect — federal requirement to recapture, state requires to recapture, amount. —
1. The owner of a qualified Missouri project eligible for the Missouri low-income housing tax credit shall submit, at the time of filing the owner's return, an eligibility statement. In the case of failure to attach the eligibility statement, no credit under this section shall be allowed with respect to such project for that year until these copies are provided to the department of revenue.
2. If under Section 42 of the 1986 Internal Revenue Code, as amended, a portion of any federal low-income housing credits taken on a low-income project is required to be recaptured only during the first ten years after a project is placed in service, the taxpayer claiming state credits with respect to such project shall also be required to recapture a portion of any state credits authorized by this section. The state recapture amount shall be equal to the proportion of the state credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal low-income housing credit amount subject to recapture.
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(L. 1990 H.B. 960 § 3 subsec. 2 subdivs. (3), (4), A.L. 1994 H.B. 1745, A.L. 2000 H.B. 1238)
CROSS REFERENCE:
Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.357 - Capital gain exclusion, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 01 Oct 1990, see footnote
135.357. Capital gain exclusion, when. —
A taxpayer shall be allowed to exclude from taxation under chapter 143 a portion of the capital gain, as calculated under the Internal Revenue Code of 1986, as amended, that results from the sale of a low-income project subsidized by the federal Department of Housing and Urban Development to a nonprofit or governmental organization, agreeing to preserve or increase the low-income occupancy of the project. For those owners whose low-income project has at least forty percent of its units occupied by persons or families having incomes of sixty percent or less of the median income, the exclusion shall equal twenty-five percent of the capital gain.
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(L. 1990 H.B. 960 § 3 subsec. 3)
Effective 10-01-90
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.359 - Rules authorized, procedure.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1995
135.359. Rules authorized, procedure. —
The director or the commission may require the filing of additional documentation necessary to determine the accuracy of a tax preference claimed under the provisions of this section through the promulgation of rules. No rule or portion of a rule promulgated under the authority of sections 135.350 to 135.363 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1990 H.B. 960 § 3 subsec. 4, A.L. 1991 S.B. 185, A.L. 1993 S.B. 52, A.L. 1994 H.B. 1248 & 1048, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.361 - Rules, effective, when — rules invalid and void, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1997
135.361. Rules, effective, when — rules invalid and void, when. —
Any rule or portion of a rule promulgated pursuant to this bill
*
shall become effective only as provided pursuant to chapter 536, including but not limited to section 536.028, if applicable, after August 28, 1997. All rulemaking authority delegated prior to August 28, 1997, is of no force and effect and repealed. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, if applicable, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.
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(L. 1997 H.B. 578 § 2)
*"This bill" (H.B. 578, 1997) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title X - Taxation and Revenue › Chapter 135 - Tax Relief › Section 135.362 - Eligibility statement, low-income housing credit, not applicable, when.

Title X TAXATION AND REVENUE
Chapter 135
• Effective - 28 Aug 1993
135.362. Eligibility statement, low-income housing credit, not applicable, when. —
1. The provisions of subdivision (3) of section 135.350 shall not apply to any qualified Missouri project:
(1) With respect to which a loan is made or insured under Title V of the U.S. Housing Act of 1949; or
(2) In which at least ten percent of the total reasonably expected basis in such project was incurred by the project owner prior to June 18, 1991, and such project is placed in service no later than December 31, 1993.
2. Qualified Missouri projects described in subdivisions (1) and (2) of subsection 1 of this section shall continue to be governed by the provisions of subdivision (2) of section 135.350 in effect prior to June 18, 1991.
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(L. 1991 S.B. 185 § A § 1, A.L. 1993 H.B. 566)