reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-102

Current through June 25, 2024
Taxes levied under Miss. Code Ann. Sections
					 27-65-17,
					 27-65-18,
					 27-65-19
					 (excluding the taxes levied against telecommunications services), 27-65-23,
					 27-65-24, 27-65-26 and 27-67-5 may be paid directly to the State by the holder
					 of a direct pay permit. Taxes levied under any other Sections are not covered
					 with the use of a direct pay permit including the contractor's tax levied under
					 Miss. Code Ann. Section
					 27-65-21.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-201

Current through June 25, 2024
The issuance of a direct pay permit transfers the
					 liability of the tax directly to the permit holder in lieu of payment to the
					 vendor and relieves vendors of the liability for the tax. The direct pay permit
					 shall not be used to purchase telecommunications services exempt from tax. The
					 tax due from these services must be remitted by the telecommunications provider
					 due to the separate diversions for interstate and intrastate
					 services.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-202

Current through June 25, 2024
If the permit holder continues to remit sales tax to the
					 vendor rather than directly to state, the permit holder will be required to
					 contact the vendor for a credit or refund of any overpayment resulting from
					 this practice. This will be required even if the overpayment is discovered
					 during a sales or use tax audit where there will be an assessment of additional
					 tax made or in cases where the Statute of Limitation has run on a portion of
					 the overpayment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-203

Current through June 25, 2024
Direct pay permits will be issued to qualified industries
					 and to taxpayers eligible to receive certain sales and use tax related
					 incentives that will be project or special purpose related. Permits issued to
					 qualified industries will be active as long as the taxpayer maintains the use
					 tax account to which the permit is associated or until such time as the
					 Commissioner revokes the permit. Project and special purpose related permits
					 will be good only for the special purpose or for the eligible time frame
					 associated with a specific project.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-301 - Manufacturers

Current through June 25, 2024
The Commissioner requires all manufacturers and custom
					 processors, with certain exceptions, to obtain a direct pay permit for purposes
					 of accruing and paying the applicable sales and use tax due on all purchases of
					 tangible personal property, utilities and services directly to the state in
					 lieu of payment of the tax to the vendor.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-302 - Utilities

Current through June 25, 2024
The Commissioner may also authorize or require any utility
					 company to obtain a direct pay permit for purposes of accruing and paying the
					 applicable sales and use tax on all purchases of tangible personal property and
					 services directly to the state in lieu of payment of tax to the
					 vendor.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-303 - Telecommunications Enterprises

Current through June 25, 2024
The Commissioner may authorize or require any entity
					 providing telecommunications services taxed under Miss. Code Ann. Section
					 27-65-19 to
					 obtain a direct pay permit for purposes of accruing and paying the applicable
					 sales and use tax on all purchases of tangible personal property, utilities and
					 services directly to the state in lieu of payment of the tax to the
					 vendor.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-304 - Floating Structures

Current through June 25, 2024
The Commissioner requires the owners of casinos and other
					 floating structures taxable under Miss. Code Ann. Section
					 27-65-18
					 to obtain a direct pay permit. The direct pay permit holder is responsible for
					 accruing and paying the applicable sales and use tax on purchases of tangible
					 personal property, utilities and services, as well as sales of tangible
					 personal property that become a component of the structure or construction
					 activities taxed under Miss. Code Ann. Section
					 27-65-18.
					 This section requires that the owner furnish the permit to a seller or person
					 performing construction activities on the floating structure. However, in those
					 instances where a contract is issued covering both water based and land based
					 construction activities taxed under Miss. Code Ann. Sections
					 27-65-18
					 and
					 27-65-21
					 respectively, the contractor is permitted to qualify the total contract and
					 remit the 31/2% contractor's tax due provided that the land based construction
					 activity is in excess of $10,000.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-401 - Contractor

Current through June 25, 2024
A contractor may obtain a letter granting the authority to
					 purchase freestanding tangible personal property tax free to resell to an
					 exempt entity in the performance of its construction project or for jobs where
					 the contractor is purchasing manufacturing or process machinery for sale to an
					 entity financing its project with bond proceeds or for an entity holding a
					 valid statutory exemption.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-402 - Bond Proceeds Project

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the sales tax exemptions provided for under Miss. Code Ann.
					 Sections
					 57-10-1
					 et seq., 57-61-1 et. seq. and 57-71-1 et seq. to obtain a direct pay permit.
					 The direct pay permit holder must present the permit to its vendors in order to
					 purchase tangible personal property and services exempt from tax. This direct
					 pay permit is applicable only for purchases made for the specified project. The
					 direct pay permit holder must accrue and pay the applicable sales and use tax
					 on any purchases that are not made with or reimbursed with bond proceeds. The
					 exemption does not apply to any contractor's tax levied under Miss. Code Ann.
					 Section
					 27-65-21 or
					 vehicles tagged for highway use. The direct pay permit for this exemption will
					 stand rescinded when the bond money is depleted and tax will once again be due
					 to the vendor if the applicant is not a qualified industry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-403 - Motion Picture Production Companies

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the reduced manufacturing rate of tax provided for under Miss.
					 Code Ann. Section
					 27-65-17(e)
					 to obtain a direct pay permit for use in purchasing equipment used in the
					 production of a motion picture, which shall not include the production of
					 television coverage of news and athletic events, or a film, video, television
					 series or commercial that contains any material or performance defined in Miss.
					 Code Ann. Section
					 97-29-103.
					 The direct pay permit must be provided to vendors in order to make purchases
					 tax exempt. The holder of the permit is responsible for accruing and paying the
					 correct rate of tax on all purchases made which are not exempt. Any direct pay
					 permit issued to a motion picture production company will be production
					 specific and stand rescinded when the production is complete.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-404 - Growth and Prosperity (GAP) Area Exemption

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the exemption from sales tax provided for under Miss. Code Ann.
					 Section
					 57-80-1 et
					 seq. to obtain a direct pay permit. The direct pay permit holder must present
					 the permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The GAP exemption is for a period of 10 years;
					 however, the sales and use tax component of a GAP exemption covers only
					 purchases of component materials and purchases or leases of machinery and
					 equipment used in the initial construction or expansion of the business in the
					 GAP area. The holder of the permit is responsible for accruing and paying the
					 correct rate of tax on all purchases made which are not exempt. The exemption
					 does not apply to any contractor's tax levied under Miss. Code Ann. Section
					 27-65-21 or
					 vehicles tagged for highway use. The direct pay permit for this exemption will
					 stand rescinded when the project is complete and tax will once again be due to
					 the vendor if the applicant is not a qualified industry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-405 - National or Regional Headquarters Exemption

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the exemption from sales tax provided for under Miss. Code Ann.
					 Section
					 27-65-101(1)(r)
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The holder of the permit is responsible for accruing
					 and paying the correct rate of tax on all purchases made which are not exempt.
					 The exemption does not apply to any contractor's tax levied under Miss. Code
					 Ann. Section
					 27-65-21,
					 vehicles tagged for highway use or on-going expense and supply items. The
					 direct pay permit for this exemption will stand rescinded three (3) months
					 after the initial startup date of the facility.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-406 - Broadband Technology

Current through June 25, 2024
The Commissioner requires any telecommunications entity
					 wishing to take advantage of the sales tax exemption or reduced rate provided
					 for under Miss. Code Ann. Section
					 27-65-101(5)
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase qualified equipment exempt from tax.
					 The holder of the permit is responsible for accruing and paying the correct
					 rate of tax on all purchases made that are not exempt.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-407 - Major Economic Impact Project Exemption

Current through June 25, 2024
The Commissioner requires any entity establishing or
					 operating as a Major Economic Impact Project, as defined by Miss. Code Ann.
					 Section
					 57-75-5(f),
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The holder of the permit is responsible for accruing
					 and paying the correct rate of tax on all purchases made which are not exempt.
					 The exemption does not apply to any contractor's tax levied under Miss. Code
					 Ann. Section
					 27-65-21.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-408 - Data/Information and Technology Intensive Enterprises Exemptions

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the exemptions from sales tax provided for under Miss. Code Ann.
					 Sections
					 27-65-101(1)(ff),
					 27-65-101(1)(gg),
					 27-65-101(3)
					 and
					 27-65-101(4)
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The holder of the permit is responsible for accruing
					 and paying the correct rate of tax on all purchases made which are not exempt.
					 The exemption does not apply to any contractor's tax levied under Miss. Code
					 Ann. Section
					 27-65-21,
					 vehicles tagged for highway use or on-going expense and supply items. The
					 direct pay permit for this exemption will stand rescinded three (3) months
					 after the initial startup date of the facility.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-409

Current through June 25, 2024
Clean Energy Business Enterprise, Aerospace Industry
					 Enterprise, and Data Center Enterprise Exemptions. The Commissioner requires
					 any entity wishing to take advantage of the exemptions from sales tax provided
					 for under Miss. Code Ann. Sections
					 27-65-101(1)(kk),
					 27-65-101(1)(ll),
					 27-65-101(1)(mm)
					 and
					 27-65-101(1)(nn)
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The holder of the permit is responsible for accruing
					 and paying the correct rate of tax on all purchases made which are not exempt.
					 The exemption does not apply to any contractor's tax levied under Miss. Code
					 Ann. Section
					 27-65-21,
					 vehicles tagged for highway use or on-going expense and supply
					 items.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-410 - Health Care Industry Zone Exemption

Current through June 25, 2024
The Commissioner requires any entity wishing to take
					 advantage of the exemptions from sales tax provided for under Miss. Code Ann.
					 Sections
					 27-65-101(1)(kk)
					 and
					 27-65-101(1)(mm)
					 to obtain a direct pay permit. The direct pay permit holder must present the
					 permit to its vendors in order to purchase tangible personal property and
					 services exempt from tax. The holder of the permit is responsible for accruing
					 and paying the correct rate of tax on all purchases made which are not exempt.
					 The exemption does not apply to any contractor's tax levied under Miss. Code
					 Ann. Section
					 27-65-21,
					 vehicles tagged for highway use or on-going expense and supply items. The
					 direct pay permit for this exemption will stand rescinded three (3) months
					 after the completion of the facility, addition or
					 improvement.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-411 - Reserved

Current through June 25, 2024
In order to receive an exemption, the exempt items must be
					 sold directly to, billed or invoiced directly to and paid for directly by the
					 entity receiving the exemption.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-412

Current through June 25, 2024
If a person improperly uses a direct pay permit or letter
					 granting the authority to make tax exempt purchases, that person may still be
					 liable for tax that would normally have been paid to the
					 vendor.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-501

Current through June 25, 2024
Use tax returns are required to be filed based upon the
					 filing status assigned by the Department. Any tax due on taxable purchases by
					 the permit holder must be reported on its return. Any other sales tax liability
					 of the permittee shall be reported under a separate account.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 01 - Direct Payment of Sales or Use Tax to the State in Lieu of Payment to Seller › Section 35-4-01-01-502

Current through June 25, 2024
A direct pay permit is subject to revocation when the
					 Commissioner determines that the best interest of the state will be served in
					 so doing.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-100

Current through June 25, 2024
The Sales Tax Law requires that monthly sales tax returns
					 shall be filed by the twentieth of the month following the period covered, and
					 quarterly sales tax returns shall be filed by the twentieth of the month
					 following the end of the quarter. Persistent, willful or recurring failure to
					 file such returns on or before the due date subjects the taxpayer to damages
					 and interest on the amount due.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-101

Current through June 25, 2024
Any taxpayer, to whom a sixty (60) day delinquent notice
					 has been directed or who makes a payment after the due date , will be assessed
					 a ten percent (10%) penalty and be subject to interest when the tax is paid.
					 This penalty is applicable in those instances where the failure to pay is due
					 to the taxpayers' negligence and the failure to comply is determined to be
					 without the intent to defraud. The interest rate assessed on or after January
					 1, 2015, is:
1. Nine-tenths of one
				  percent (9/10 of 1%) per month for taxes assessed on or after January 1, 2015,
				  and before January 1, 2016;
2.
				  Eight-tenths of one percent (8/10 of 1%) per month for taxes assessed on or
				  after January 1, 2016, and before January 1, 2017;
3. Seven-tenths of one percent (7/10 of 1%)
				  per month for taxes assessed on or after January 1, 2017, and before January 1,
				  2018;
4. Six-tenths of one percent
				  (6/10 of 1%) per month for taxes assessed on or after January 1, 2018, and
				  before January 1, 2019; and
5.
				  One-half of one percent (1/2 of 1%) per month for taxes assessed on or after
				  January 1, 2019.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-102

Current through June 25, 2024
In the instance a taxpayer makes a late payment, and it is
					 determined by the Commissioner that there is intentional disregard of the law
					 or done with intent to defraud, there will be a fifty percent (50%) penalty
					 assessed. This penalty will be used when the taxpayer continually pays late,
					 when an underpayment of tax by one hundred percent (100%) or more is discovered
					 during an audit or when an audit of taxpayer records reveals an attempt to
					 disguise or hide taxable transactions. This penalty will not be assessed if the
					 taxpayer can prove reasonable cause for failure to comply.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-103

Current through June 25, 2024
A penalty of three hundred percent (300%) of the tax due
					 will be assessed if it is proved by preponderance of the evidence, from the
					 taxpayer's records that tax was collected and then knowingly and intentionally
					 not remitted. The taxpayer cannot be presumed to have collected the tax. The
					 penalty can be assessed in addition to the ten percent (10%) or the fifty
					 percent (50%) late pay penalty.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-104

Current through June 25, 2024
The only exceptions to this procedure will be in those
					 cases where the taxpayer makes a bond, or when the taxpayer requests, and is
					 granted an extension of time in which to file, as provided by Section
					 27-65-33. When
					 the taxpayer makes bond, returns may be filed quarterly; and if the extension
					 is granted, returns may be filed before expiration of the extension without
					 penalty.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 02 - Damages for Delinquent Payment of Tax › Section 35-4-01-02-105

Current through June 25, 2024
The taxpayer discount will not be allowed on returns which
					 are filed after the twentieth of the month following the period covered or if t
					 he return is not fully paid. The granting of extensions of time in which to
					 file returns does not extend the period for claiming the discount. In the
					 instance a taxpayer files and pays a timely return claiming a discount, and
					 then subsequently files an am ended return owing more tax, the discount claimed
					 shall be added back in the amended calculation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-100

Current through June 25, 2024
The Sales Tax Law provides that cash or surety bonds be
					 filed in various instances where the revenue of the State of Mississippi must
					 be protected and the payment of taxes assured. Bonds are required in the
					 following circumstances, however, the Commissioner does retain the authority to
					 require a taxpayer to post a bond for other circumstances where the
					 Commissioner feels it is necessary.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-101

Current through June 25, 2024
Any taxpayer operating a business from their home or from a
					 temporary location (less than 90 day lease), shall be required to post a cash
					 or surety bond prior to receiving a Sales Tax Permit to engage in business. The
					 cash bond or approved surety bond shall be in an amount sufficient to cover the
					 estimated tax liability for a six-month period. The amount of the bond shall be
					 set by the Commissioner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-102

Current through June 25, 2024
A temporary location includes, but is not limited to, an
					 event held for a limited period of time that may include the issuance of a
					 temporary beer license. Any taxpayer who can demonstrate that they operate a
					 permanent business location in this State may be exempted from posting a bond
					 for a temporary event.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-103

Current through June 25, 2024
Any taxpayer operating a new or used mobile home dealership
					 shall be required to post a cash or surety bond prior to receiving a Sales Tax
					 Permit to engage in business. The amount of the bond shall be $25,000 for a
					 dealer of new mobile homes and $10,000 for a dealer of used mobile homes,
					 unless the taxpayer or Commissioner can show cause for another amount to be
					 accepted.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-104

Current through June 25, 2024
Any manufactured home dealer who files delinquent tax
					 returns for more than one period in a calendar year or who presents a check for
					 payment of tax that is returned by the bank for insufficient funds, shall be
					 required to post a bond equal to six months' tax liability. The six months'
					 liability shall be determined by accumulating the past 12 months' liability
					 (determined by returns filed or audit results) and dividing by
					 2.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-105

Current through June 25, 2024
Any person who fails to comply with all the provisions of
					 the sales tax law forfeits his right to do business in this state until such
					 time as the person shall comply with all the provisions, post an adequate
					 surety bond as established by the Commissioner and pay all taxes legally due. A
					 surety bond will be required for any person who:
1. Fails to obtain a sales tax permit before
				  going into business;
2. Continues
				  to operate a business after revocation of the sales tax permit;
3. Fails to file their sales tax returns;
4. Fails to keep adequate records
				  and invoices as required by the sales tax laws;
5. Fails or refuses to permit inspection of
				  records; or
6. Fails to pay any
				  taxes due under the sales tax laws.
The surety bond shall be in an amount sufficient to cover
					 the estimated tax liability for a six months' period and conditioned that all
					 taxes accruing in the future will be paid when due.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-106

Current through June 25, 2024
A taxpayer petitioning for a hearing prior to sale of
					 property which has been seized under a jeopardy warrant must execute a
					 supersedeas surety bond with a surety company doing business in this state for
					 double the amount of the assessment. The bond must be conditioned that any
					 taxes, damages, interest and costs adjudged to be due after the hearing will be
					 paid promptly upon order of the Department of Revenue.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-107

Current through June 25, 2024
Contractors performing contracts in excess of $75,000 must
					 post a bond, prior to beginning construction, on any taxable contracts
					 performed in this State unless the tax is prepaid. The bonds shall be either a
					 job bond which guarantees payment when due of the taxes resulting from
					 performance of a specified job or activity regardless of date of completion or
					 a blanket bond which guarantees payment when due of the taxes resulting from
					 performance of all jobs or activities taxable under Miss. Code Ann. Section
					 27-65-21 begun
					 during the time period covered by the bond regardless of the date of completion
					 of the job. The bond must be sufficient to cover the liability for sales, use,
					 income, withholding and motor fuel taxes. The bond must be approved by the
					 Commissioner. When a bond is filed, the sales tax due under Miss. Code Ann.
					 Section
					 27-65-21 must be
					 paid on a monthly basis as compensation is received.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 03 - Sales Tax Bonds › Section 35-4-01-03-108

Current through June 25, 2024
The surety on the tax bond is secondarily liable for all
					 taxes due on the contract covered by the bond. When a contractor defaults on
					 the execution of his contract and the bonding company acting as surety for the
					 performance of the contract assumes completion of the contract, the bonding
					 company becomes primarily liable for the payment of the sales, use, income,
					 withholding and motor fuel taxes accruing as a result of its activities and is
					 subject to the same bonding requirements and MPC (material purchase
					 certificate) requirements as the original contractor.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 05 - Taxpayer Discount › Section 35-4-01-05-101

Current through June 25, 2024
For prompt filing and payment of all taxes due, certain
					 taxpayers are allowed a 2% discount of the tax liability subject to the
					 following limitations
1. It shall not
				  exceed $50.00 per calendar reporting period (monthly, quarterly, or annually),
				  per permit location on each sales tax return and on each use tax return.
2. Total shall not exceed $600.00
				  per permit location per calendar year.
3. The discount is not available to:
a. Contractors
b. County or State agencies serving as
				  collectors of sales or use tax
c.
				  Public utilities
d. Wholesalers
				  collecting the wholesale rates of tax which are equal to or greater than the
				  tax rate applicable to retail sales of the same property or service.
e. Any person failing to file by the 20 
				  th day following the reporting period.
				  The granting of extensions of time does not extend the period for claiming the
				  discount. An authorized extension avoids imposition of penalty and interest on
				  returns filed by the extended due date, but the discount is confined by Statute
				  to returns filed within twenty (20) days after the reporting period only.
f. Any person found deficient in
				  the payment of his liability for any period. When a deficiency assessment
				  amounts only to a very small percentage of the total tax paid, approval may be
				  given to allow the discount.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-100 - Credit for tax paid to another state

Current through June 25, 2024
An individual, who imports property into Mississippi, is
					 entitled to a tax credit for taxes paid to another state at either the state or
					 local level or both. The tax credit is the smaller of either the amount of
					 Mississippi use tax due or the total amount of tax properly paid in another
					 state. For sales tax to be properly paid to another state, the situs of the
					 sale must be that state, and for use tax to be properly paid, first use must
					 occur in that state. Also, any sales or use tax claimed as a credit must have
					 been levied by a state or local taxing authority. The individual must provide
					 an invoice or other evidence that clearly and correctly shows the amount of tax
					 as a separate item to support the credit for taxes paid to another
					 state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-101 - Value

Current through June 25, 2024
For sales tax purposes, the term "value" as used in Miss.
					 Code Ann. Section
					 27-65-3(h)
					 means the entire cost of goods, wares, merchandise or property that is
					 withdrawn from the inventory or stock of a business for use, either personal
					 use or for use in the performance of a job or service. The entire cost includes
					 the cost of materials, labor, overhead or any other similar costs that are
					 incurred in delivering the property to the point of use and which would
					 otherwise contribute to the sales price of such property if it were not
					 converted to use.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-102 - Value

Current through June 25, 2024
For use tax purposes, the term "value" as used in Miss.
					 Code Ann. Section
					 27-67-3(h)
					 means the estimated or assessed monetary worth of a thing or property. The
					 value of property transferred into this state for sales promotion or
					 advertising shall not be less than the cost paid by the person who transfers
					 the property or who donates the property. The value of property that is brought
					 into this state when the property has been used in another state is determined
					 by its cost less straight line depreciation; however, the value cannot be less
					 than twenty percent (20%) of the cost. Any other method of determining value
					 may be used when such method is acceptable to the Commissioner. The value of
					 property imported by the manufacturer of such property for rental or lease in
					 this state is the manufactured cost of the property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-103 - Person

Current through June 25, 2024
For sales tax purposes, the term "person" shall mean any
					 individual, firm, copartnership, joint venture, association, corporation,
					 promoter of a temporary event, estate, trust or other group or combination
					 acting as a unit, and includes the plural as well as the singular in number.
					 "Person" shall also include husband or wife, or both, where they may jointly
					 benefit from the operation of a business that is subject to sales tax. "Person"
					 shall also include any state, county, municipality or other political
					 subdivision and any agency, institution or instrumentality thereof engaging in
					 a business that is subject to sales tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-104 - Person

Current through June 25, 2024
For use tax purposes, the term "person" shall mean any
					 individual, firm, partnership, joint venture, association, corporation, estate,
					 trust, receiver, syndicate or any other group or combination acting as a unit
					 and includes the plural as well as the singular in number. "Person" shall also
					 include husband or wife, or both, where joint benefits are derived from the
					 operation of a business that is subject to use tax or where joint benefits are
					 derived from the use of property that is subject to use tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 06 - Definitions › Section 35-4-01-06-106 - Old Men's or Ladies' Homes

Current through June 25, 2024
For the purposes of the exemption found in Miss. Code Ann.
					 Section
					 27-65-111(e),
					 the term means a place which provides group living arrangements for elderly
					 persons who are unrelated to the operator unless approved in letter ruling by
					 the Tax Commission as provided for in
Title 35, Part I, Chapter 01
					 Mississippi Administrative Code
and who are being provided food,
					 shelter, personal and medical care. This includes facilities such as nursing
					 homes, convalescent homes and assisted living facilities. Additionally, the
					 facility must be supported by a religious denomination, fraternal nonprofit
					 organization or other non profit organization.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-101

Current through June 25, 2024
Miss. Code Ann. Sections
					 27-65-33 and
					 27-67-17
					 require taxpayers to file a return on the twentieth day of each month with the
					 amount of tax due by such taxpayer for the preceding calendar month. The
					 Commissioner of Revenue may permit filing periods of a different
					 duration.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-102

Current through June 25, 2024
All returns must be sworn to by the taxpayer to be a true,
					 correct and complete return as required by Miss. Code Ann. Section
					 27-65-33(3).
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-103

Current through June 25, 2024
If the taxpayer fails to timely file a return, the
					 Commissioner shall issue an assessment estimating the amount of tax due as
					 required under Miss. Code Ann. Section
					 27-65-35.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-201

Current through June 25, 2024
If a taxpayer determines that the amount of tax due on a
					 previously filed return is incorrect, the taxpayer may request an examination
					 of such by filing an amended return.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-202

Current through June 25, 2024
Amended returns must be sworn to by the taxpayer to be a
					 true, correct and complete return as required by Miss. Code Ann. Section
					 27-65-33(3).
					 Single adjustment or transaction requests will not be granted. The taxpayer
					 must attest to the accuracy of the entire tax amount for the period. An
					 adjustment to a customer's invoice reported on a prior period within statute
					 can be included in the period the adjustment was made.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-203

Current through June 25, 2024
Miss. Code Ann. Section
					 27-65-42
					 provides thirty-six (36) months for the Commissioner to determine and assess
					 the amount of taxes due on any return which has been filed. Any amended return
					 which is filed is also subject to audit and assessment in the same
					 manner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-204

Current through June 25, 2024
Amended returns resulting in an increase in the taxpayer's
					 liability will result in the loss of the discount previously allowed under
					 Miss. Code Ann. Section
					 27-65-33. The
					 additional amount due will be subject to applicable penalty and
					 interest.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-301

Current through June 25, 2024
Tax Credits or Refunds will only be granted to the taxpayer
					 having paid the tax to the State of Mississippi.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-302

Current through June 25, 2024
Tax collected by a vendor cannot be refunded by the
					 Department directly to the customer of the vendor. Retail customers believing
					 they were charged the incorrect tax should contact the vendor to pursue any
					 available refund.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-303

Current through June 25, 2024
If the overpayment can be used within a twelve (12) month
					 period, the Department will allow a credit to be used against the account for
					 future periods as authorized in Miss. Code Ann. Section
					 27-65-53.
					 Refund claims for an overpayment that cannot be used within a twelve (12) month
					 period will be granted. The determination as to whether the credit can be used
					 within a twelve (12) month period will be based on the amount of tax paid on
					 the account within the twelve (12) months preceding the date the amended return
					 reflecting the claim for overpayment received.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-304

Current through June 25, 2024
If the taxpayer wants a refund in lieu of a credit on the
					 account, the taxpayer should send a written request that states, in detail, the
					 basis for the refund request after filing amended returns.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 07 - Sales and Use Tax - Returns, Amended Returns, Credits and Refunds › Section 35-4-01-07-305

Current through June 25, 2024
The Department, at its discretion, may still issue a refund
					 as requested in the taxpayer's claim under extenuating circumstances when the
					 credit of the overpayment can be used within a twelve (12) month period. The
					 determination to not issue a refund on an account where a credit can be used
					 within a twelve (12) month period is not subject to appeal under Miss. Code
					 Ann. Section
					 27-77-5
					 so long as the credit was issued in the amount requested.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-100

Current through June 25, 2024
For purposes of this chapter, the term, "person", is
					 defined in Miss. Code Ann. Section
					 27-65-3(c).
					 Note that the definition of a "person" includes a spouse when joint benefits
					 are derived from the operation of the business.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-101

Current through June 25, 2024
A lien is attached to any property of a person having a
					 sales tax liability who closes or sells a business, which includes selling off
					 the inventory of the business. A return is required to be filed within ten (10)
					 days after the date the business is closed, or sold, or the inventory is sold
					 and any sales tax liability due must be paid.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-102

Current through June 25, 2024
A purchaser of a business is required to withhold an
					 amount not to exceed the purchase price assuming the purchase is at arm's
					 length. If the purchase is not an arm's length transaction, then the amount
					 withheld should not be below the fair market value of the business. The amount
					 withheld is used to cover any tax liability due in the event the seller is
					 unable to produce a tax clearance letter from the Department showing the
					 liability has been paid. If the purchaser fails to withhold this amount and the
					 liability due is unpaid after the ten (10) days allowed, the total tax
					 liability becomes the liability of both the purchaser and the seller. The
					 property sold to the purchaser will be proceeded against by the
					 Commissioner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 01 - Administrative › Chapter 08 - Liability When Selling a Business and Transfer of Assessments › Section 35-4-01-08-103

Current through June 25, 2024
Persons owning stock of ten percent (10%) or more of a
					 total corporation or interest of ten percent (10%) or more in a limited
					 liability company (LLC) with thirty-five (35) or fewer owners, and exercising
					 responsibility for fiscal management at the time that the tax liability is
					 accrued are liable for the taxes due.