Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 100 - Tax Credits › Section 13 CSR 35-100.010 - Residential Treatment Agency Tax Credit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures for the
				  implementation of section
				  135.1150,
				  RSMo, Residential Treatment Agency Tax Credit Act.
(1) In general, a qualified residential
				treatment agency may apply for tax credits on behalf of taxpayers who make cash
				donations to the agency. The amount of total credits available to any qualified
				residential treatment agency cannot exceed the total funds received from the
				Department of Social Services in the preceding twelve (12) months. Those who
				donate to qualifying providers are eligible to receive a tax credit up to fifty
				percent (50%) of their donation. Qualified residential treatment agencies that
				accept these donations are required to remit payments equivalent to the amount
				of the tax credit to the state of Missouri.
(2) Definition of terms-
(A) "Certificate," a tax credit certificate
				issued to a taxpayer who makes an eligible donation to a qualified residential
				treatment agency as described under section
				135.1150,
				RSMo;
(B) "Eligible donation,"
				donations received from a taxpayer by a qualified residential treatment agency
				that are used solely to provide direct care services to children who are
				residents of this state. Direct care services include, but are not limited to,
				increasing the quality of care and service for children through improved
				employee compensation and training. Eligible donations may include cash,
				publicly traded stocks and bonds, and real estate;
(C) "Qualified residential treatment agency,"
				a residential treatment care facility that-
1. Is licensed under section
				210.484,
				RSMo; and
2. Is accredited by-
A. Council on Accreditation (COA);
				or
B. Joint Commission on
				Accreditation of Healthcare Organizations (JCAHO); or
C. Commission on Accreditation of
				Rehabilitation Facilities (CARF); and
3. Is under contract with the Department of
				Social Services to provide treatment services for children who are residents or
				wards of residents of this state; and
4. Receives donations. Any agency that
				operates more than one (1) facility or at more than one (1) location can only
				be eligible for the tax credit for eligible donations made to facilities or
				locations of the agency which are licensed and accredited;
(D) "Taxpayer," any of the following
				individuals or entities who make eligible donations to a qualified residential
				treatment agency-
1. A person, firm, 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 in Chapter
				143, RSMo;
2. A corporation subject
				to the annual corporation franchise tax imposed in Chapter 147, RSMo;
3. An insurance company paying an annual tax
				on its gross premium receipts in this state;
4. Any other financial institution paying
				taxes to the state of Missouri or any political subdivision of the state under
				Chapter 148, RSMo; or
5. Any
				charitable organization which is exempt from federal income tax and whose
				Missouri unrelated business taxable income, if any, would be subject to the
				state income tax imposed under Chapter 143, RSMo; and
(E) "State tax liability," any tax liability
				due under Chapters 147, 148, or 143, RSMo, excluding withholding tax imposed by
				sections
				143.191
				to
				143.265,
				RSMo, as identified in section 135.1142, RSMo.