reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-202

Current through June 25, 2024
The total amount of rebates authorized for a motion picture
				  production will not exceed $10,000,000 in the aggregate and the total amount of
				  rebates authorized in any fiscal year will not exceed $20,000,000 in the
				  aggregate.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-203

Current through June 25, 2024
The MPPC is responsible for registering with the proper state
				  authorities to legally conduct business within this state. This includes the
				  Mississippi Department of Employment Security, Mississippi Worker's
				  Compensation Commission, Mississippi Secretary of State, etc.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-301

Current through June 25, 2024
Base investment includes purchases of goods and services
				  from Mississippi vendors, as defined above, housing, housing allowances, food,
				  rental of equipment, dry cleaning, per diem and anything else that the MPPC
				  spends in Mississippi that is related to the production.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-302

Current through June 25, 2024
Purchases of services and tangible personal property must be
				  made from a Mississippi Vendor, as defined above, to qualify for the rebate.
				  Payments made to out of state independent contractors or vendors for tangible
				  personal property and services do not qualify for the rebate. Purchases of
				  services from a vendor must satisfy the following five criteria to be eligible
				  for the rebate:
1. The vendor must
				qualify as a Mississippi vendor;
2.
				The service must be wholly performed in this state;
3. The payment may not be for a qualified
				personnel expenditure;
4. The
				service must be directly attributable to the production; and
5. The transaction must be subject to
				taxation in this state.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-303

Current through June 25, 2024
Items that do not qualify as base investment:
1. Online purchases, regardless if
				Mississippi sales tax is charged
2.
				Postage
3. Mileage
4. Bank fees
5. Credit Card fees
6. Taxes
7. Personal Expenditures
8. Out of state expenses billed through a
				Mississippi pass through company.
9. Any other items that do not meet the
				definition of base investment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-304

Current through June 25, 2024
Airline tickets must be purchased through a Mississippi
				  travel agent and the sales invoice must indicate the airports in which the
				  flight departed and arrived. Airports located in Mississippi or one of the
				  following cities are eligible for the rebate:
1. Memphis, TN
2. New Orleans, LA
3. Baton Rouge, LA
4. Mobile, AL
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-307

Current through June 25, 2024
Contract labor paid to a Mississippi resident is eligible
				  for a twenty-five percent (25%) rebate, while non-resident contract labor is
				  not eligible for the rebate. A rebate request for contract labor should include
				  the name of the individual, city of residence, social security number, copy of
				  payment and a link to an image of Form 1099, if applicable, journals and any
				  other supporting documentation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-308

Current through June 25, 2024
Purchases of property or services from a local vendor who
				  has acquired the property or services from out of state may qualify for the
				  rebate if:
1. The Mississippi vendor
				is regularly engaged in the business of providing that same type of good or
				service.
2. The Mississippi vendor
				is a permanent business enterprise; and
3. The Mississippi vendor's sales to the
				motion picture production company are at an arm's length basis as evidenced by
				an added markup that is consistent with industry norms. The MPPC must not
				provide any assistance to the local vendor in providing the services or
				tangible personal property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-309

Current through June 25, 2024
The use of a local production company to provide goods and
				  services may also qualify for the rebate if the local production company meets
				  the requirements in Paragraph 308 above and the company was not established
				  specifically for the needs of any one production.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-310

Current through June 25, 2024
Petty cash and reimbursement expenses may qualify for the
				  rebate if the documentation provided in the rebate request includes a
				  reconciliation of the expenses allowed by the MPPC (e.g., Petty Cash top sheet
				  or reimbursement/check purchase order), copies of invoices or receipts, and
				  payment information. Examples of expenses that may qualify for the rebate
				  include meals, gas, office supplies, set design, art department expenses and
				  other similar production related expenses.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-311

Current through June 25, 2024
In the case of a motion picture production company, or its
				  owner, principal, member, production partner, independent contractor director
				  or producer, or subsidiary company that (i) is designated and pre-qualified by
				  the Mississippi Development Authority as Mississippi based or a Mississippi
				  resident; (ii) has filed income taxes in the State of Mississippi during each
				  of the previous three (3) years; and (iii) has engaged in activities related to
				  the production of at least two (2) motion pictures in Mississippi during the
				  past ten (10) years, base investment may include payroll and fringes paid for
				  any employee who is not a resident and whose wages are subject to the
				  Mississippi Income Tax Withholding Law of 1968, if so requested by the motion
				  picture production company. A motion picture production company must submit
				  such a request to the Mississippi Development Authority at the time the company
				  applies for approval as a state-certified production. If base investment
				  includes payroll and fringes, and the payroll and fringes paid for an employee
				  exceeds Five Million Dollars ($5,000,000.00), then only the first Five Million
				  Dollars ($5,000,000.00) of such payroll and fringes may be included in base
				  investment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-401

Current through June 25, 2024
If the eligible production has physical production or
				  postproduction activities both inside and outside the state, the rebate will
				  only be allowed on a prorated amount of the eligible payroll based on the
				  percentage of activities performed in Mississippi. Source documentation should
				  include a journal indicating time worked between states.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-402

Current through June 25, 2024
An individual who is hired through a loan out company or a
				  temporary staffing company will be considered an employee if the loan out
				  company or temporary staffing company is withholding Mississippi tax,
				  otherwise, the individual will be treated as a contract employee. Loan out
				  companies will be able to claim the withholding as an estimated payment on
				  their Mississippi income tax return. Loan out companies must contact the MDOR
				  before filing the return to ensure that there will not be a delay or problem in
				  regard to the withholding being claimed as an estimated
				  payment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-405

Current through June 25, 2024
If the payroll and fringes paid for an employee exceeds
				  $5,000,000, then the rebate is only authorized for the first $5,000,000 of the
				  single employee's payroll and fringes.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-406

Current through June 25, 2024
The production company may receive an additional 5% of the
				  wages payroll and fringes paid for an employee who is an honorably discharged
				  veteran of the United States Armed Forces upon which Mississippi income tax is
				  due and has been withheld. A copy of Federal Form DD 214 Proof of Military
				  Service is required to qualify for the additional 5%.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-501

Current through June 25, 2024
To claim the rebate by submitting the request to the MDOR,
				  the motion picture company must submit an electronic Excel spreadsheet upon
				  completion of the project containing a detailed accounting of the base
				  investment and the employee payroll to the MDOR in the proper format. The base
				  investment tab must include a listing of purchase invoices showing the name and
				  address of the vendor, date, description of items purchased, and the amount of
				  expenditures made to those vendors. Proper documentation to prove payment by
				  the MPPC that was certified for the rebate is also required. This includes
				  copies of bank statements, credit card statements and any other form of payment
				  used to purchase items eligible for the rebate. Include at what stage of
				  production the purchase was made: Preproduction, Production or Postproduction.
				  Each location should be grouped together by date for productions that take
				  place in more than one location.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-502

Current through June 25, 2024
The payroll tab should list residents of Mississippi,
				  including social security numbers, names, addresses, W-2s, a breakdown of the
				  amount of wages paid to and withheld from those individuals, employee benefits
				  and employer fringes. The payroll documentation should include a payroll detail
				  with a breakdown of wages, employee benefits and employer fringes by
				  employee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-503

Current through June 25, 2024
All tabs of the spreadsheet must contain links to the PDF
				  files of all source documentation contained in the rebate request. All source
				  documentation must be kept for verification and additional documentation may be
				  requested. The MDOR conducts a line-by-line review of the spreadsheet
				  submission. The rebate request (in the form of an Excel spreadsheet) and PDF
				  files are to be submitted to the MDOR on an USB Flash Drive (USB) and mailed
				  to: Mississippi Department of Revenue, Office of Tax Policy, P.O. Box 22828,
				  Jackson, MS 39215.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-504

Current through June 25, 2024
Maintain a copy of the USB submission in case a USB is lost
				  or damaged in the mail. In addition, due to the agency's data security
				  policies, any USB received by the Department cannot be returned to its original
				  sender or the representatives of the production company. It is recommended that
				  the USB be password protected due to the sensitive information contained within
				  and that the password be emailed to the Department rather than being enclosed
				  with the USB on a letter or written note.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-505

Current through June 25, 2024
When the rebate request is received the MDOR will determine
				  if the submission is in the proper format to perform the review. If the request
				  is not in the proper format, it will be sent back with an explanation
				  containing the formatting requirements that were not met. The rebate request
				  will be denied if a suitable submission is not received within six (6) months.
				  A rebate request that is submitted in the proper format will be reviewed and
				  the review will be sent to the MPPC. The MPPC must respond to the MDOR review
				  or any subsequent reviews within six (6) months. If there is no response in the
				  form of additional documentation or agreement to the rebate amount, then the
				  qualifying rebate amount will be paid out and the remaining request will be
				  denied. When a rebate request is denied the MPPC should review their appeal
				  rights located at
www.dor.ms.gov
.
				  The MDOR will review any additional information provided by the MPPC for a
				  period of one year from the denial date.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-601

Current through June 25, 2024
The MPPC may also claim the rebate by engaging a CPA. The
				  CPA will need to perform the audit of the MPPC's production expenditures, and
				  such CPA shall verify each base investment, payroll, and fringes
				  expenditure.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-602

Current through June 25, 2024
Requirements for a CPA engaged to perform a Motion Picture
				  Incentive Submission Audit:
1. Contact
				the Mississippi Department of Revenue (MDOR) at 601-923-7440 once the audit is
				agreed to. The MDOR will provide a document containing language to be included
				in the audit submission.
2. Read
				the Motion Picture Production Incentive section of the most current Mississippi
				Tax Incentives, Exemptions and Credits Book at
https://www.dor.ms.gov/Pages/Business-Incentive.aspx
.
3. Both the verifying and reviewing CPAs must
				attest to conducting two (2) levels of review either within the CPA firm or as
				a cooperative endeavor for the review of the audit.
4. Supply notarized statements confirming
				that the CPAs are independent from any other activities related to the film
				project audited.
5. Provide a copy
				of both CPAs' licenses.
6. Provide
				a copy of the CPA firms' permits.
7. Both the verifying and reviewing CPAs must
				attest to completing twenty (20) hours of CPE each reporting cycle.
8. Verify supporting documentation for each
				individual expenditure claimed by the MPPC.
9. Work with the production company to
				resolve exceptions or discrepancies prior to submission to the Mississippi
				Department of Revenue (DOR).
10.
				Attest that all amounts on the rebate submission request are properly
				calculated and documented.
11. Find
				that the MPPC expended at least fifty thousand dollars ($50,000) in base
				investment, payroll and/or fringes in the State of Mississippi.
12. Find that no one employee exceeds five
				million dollars ($5,000,000) in payroll and fringes.
13. Verify that only eligible expenses
				incurred and paid for after the Mississippi Development Authority (MDA)
				certification date are included in the rebate amount.
14. Verify that only eligible expenses
				purchased by the MPPC certified for the incentive are allowed for the
				rebate.
15. Supply to the DOR an
				electronic copy of the submission showing the rebate calculation and the line
				items that were approved/denied. The audit must be submitted to
				Incentives@dor.ms.gov.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-603

Current through June 25, 2024
The MPPC shall provide the CPA performing the audit with, at
				  a minimum, the following information:
1. A copy of the Motion Picture Incentive
				Certificate from MDA.
2. A list of
				all expenditures claimed by line item in electronic format.
3. Payroll expense reports which identify,
				trace, and reconcile payroll costs for each employee to a final payroll
				register, identify on which payments and in what amounts with holdings of
				Mississippi income tax have been made and document that appropriate
				corresponding payments and filings have been made to the State of
				Mississippi.
4. Copies of all paid
				invoices and receipts relating to each expenditure claimed as base
				investment.
5. A completed crew
				list.
6. A completed cast
				list.
7. MS Driver's license, voter
				registration, car tag or homestead exemption to confirm the residency of
				employees/contract labor.
8. Copies
				of issued W-2s and 1099s relating to all activities within the State of
				Mississippi on the state certified production. If the production company has
				not issued any W-2s or 1099s prior to completion of the submission, then it
				shall provide other comparable documentation to verify payment.
9. Documentation or other verification that
				purchases of services and tangible personal property are made from a
				Mississippi vendor and purchases of services satisfy the five criteria to be
				eligible for the rebate. Please see paragraph 302 of this regulation.
10. Documentation showing that the MPPC has
				registered to do business with the Mississippi Secretary of State.
11. Any other documentation needed to confirm
				base investment, payroll, and fringes expenditures during the audit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-605

Current through June 25, 2024
The CPA performing the audit may not include an expenditure
				  in the rebate amount unless the MPPC has provided a receipt of payment or other
				  evidence that the expenditure has been paid by the MPPC and was expended in
				  Mississippi. Please see the most current Mississippi Tax Incentives, Exemptions
				  and Credit Book at
https://www.dor.ms.gov/Pages/Business-Incentive.aspx
.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-606

Current through June 25, 2024
The CPA must verify that any property or services purchased
				  through a Mississippi vendor that has acquired the property or services from
				  out of state meets the requirements in paragraph 308 of this
				  regulation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-607

Current through June 25, 2024
The CPA must include the language in the "Requirements for
				  CPAs Auditing Motion Picture Production Rebate Submissions" instructions when
				  submitting the audit. The language must be on the CPAs
				  letterhead.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-608

Current through June 25, 2024
The DOR will review the audit using a sample in lieu of a one
				  hundred percent (100%) line item review. Upon receipt of the CPA's audit the
				  DOR will request samples of supporting documentation to be submitted in
				  electronic format if it is not provided. The sample will not exceed ten percent
				  (10%) of the line items.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-610

Current through June 25, 2024
The DOR will apply the rate of misstatement of the exceptions
				  identified in the sample, if any, to the respective populations tested. The
				  rate of misstatement will be calculated by the total value of the exceptions
				  identified, divided by the total dollar value tested, and multiplied by the
				  respective populations tested. The total of all calculated misstatements for
				  each population tested will be deducted from the original submission to arrive
				  at a revised rebate amount.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 09 - Motion Picture Production Tax Incentive › Section 35-10-09-611

Current through June 25, 2024
Any adjusted amounts per the sample will be presented to the
				  CPA. Additional information may be provided to the DOR for the transaction in
				  the sample. Keep in mind that the DOR will have thirty (30) days after receipt
				  of the original audit submission by the CPA to approve or deny a request. A
				  rebate check will be issued to the MPPC and is not
				  transferrable.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 10 - SMART Business Incentive › Section 35-10-10-101

Current through June 25, 2024
The SMART (Strengthening Mississippi Academic Research
				  Through) Business rebate is based on an investor incurring qualified research
				  costs subject to a research agreement as defined in Miss. Code Ann. Section
				  37-148-1
				  et seq. The amount of the rebate is twenty-five percent (25%) of the qualified
				  research costs.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 10 - SMART Business Incentive › Section 35-10-10-102

Current through June 25, 2024
The total amount of rebates authorized for an investor will
				  not exceed $1,000,000 in the aggregate and the total amount of rebates
				  authorized in any fiscal year will not exceed $5,000,000 in the
				  aggregate.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 10 - SMART Business Incentive › Section 35-10-10-103

Current through June 25, 2024
In order to receive the rebate, the investor must submit the
				  SMART Business Incentive form as well as proof of payment to college or
				  research corporation, a copy of the SMART Business certificate from IHL, a copy
				  of the research agreement, and any other documentation requested by the
				  Department of Revenue.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-101

Current through June 25, 2024
A sales and/or use tax exemption for construction or
				  expansion is available for an eligible business that has obtained bond
				  financing through the Mississippi Business Finance Corporation (MBFC). The type
				  of eligible businesses depends upon the type of bond issued.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-102

Current through June 25, 2024
The Mississippi Development Authority (MDA) and the MBFC
				  determines whether a business qualifies for financing under these programs and
				  the MDOR determines how the exemption is applied.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-103

Current through June 25, 2024
The bonds that qualify for the exemptions are authorized
				  by
1. Sections
				57-10-1
				et seq., Miss. Code Ann., and is known by the short title of "Small Business
				Assistance ".
2. Sections
				57-61-1 et
				seq., Miss. Code Ann., and is known by the short title of the "Mississippi
				Business Investment Act".
3.
				Sections
				57-71-1 et
				seq., Miss. Code Ann., and is known by the short title of the "Mississippi
				Small Enterprise Development Finance Act".
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-104

Current through June 25, 2024
All bonds must be issued within eighteen (18) months from the
				  inducement date or an extension must be requested by the business addressed to
				  the MDOR. If bonds do not remain outstanding for at least one (1) year the
				  purchase is not considered to be made with bond proceeds and would not be
				  exempt from sales or use tax. A full accounting of the draws and expenditures
				  associated with bond proceeds is required.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-201

Current through June 25, 2024
The Small Business Assistance program is administered by the
				  Mississippi Business Finance Corporation. The sales and use tax exemption is
				  for all purchases, including leases, necessary to establish the enterprise that
				  are made with bond funds. This program consists of two types of bonds,
				  Industrial Revenue Development Bonds and Rural Economic Development
				  Bonds.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-202

Current through June 25, 2024
The Industrial Revenue Development Bonds are issued to
				  for-profit companies and in very limited circumstances, non-profit companies
				  will qualify. Only businesses engaged in manufacturing or processing may
				  qualify for the tax-exempt bonds. The following businesses may qualify for
				  taxable bonds:
1. Companies that
				manufacture, process, store, warehouse, assemble or distribute agricultural,
				mining or industrial products.
2.
				Research and development enterprises.
3. Offices used to manage, supervise or
				service a manufacturing operation
4. Any commercial enterprise.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-203

Current through June 25, 2024
The Rural Economic Development Bonds are issued to
				  manufacturing or processing companies, certain warehouse and distribution
				  centers, certain telecommunication and data processing companies, multi-state
				  national or regional headquarters, certain research and development and
				  technology intensive enterprises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-301

Current through June 25, 2024
The Mississippi Business Investment Program, administered by
				  the MDA, is designed for making low interest loans to counties and incorporated
				  cities or towns (Local Sponsors) to finance improvements necessary to
				  complement investments by private companies that create and maintain new
				  full-time jobs. The bonds issued are general obligations bonds of the State of
				  Mississippi. The sales and use tax exemption is for all purchases of tangible
				  personal property and services to establish the facility that are made with
				  bond funds.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-302

Current through June 25, 2024
Eligibility for the assistance provided by the Mississippi
				  Business Investment Program is determined by the MDA and is limited to the
				  following types of projects Agricultural, industrial, manufacturing,
				  aquacultural or maricultural, tourism, service, regional shopping malls and
				  research and development projects.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-303

Current through June 25, 2024
Temporary borrowings in anticipation of the issuance of the
				  bonds authorized by this program will mirror the exemption of the bonds. A
				  promissory note from the Local Sponsor to the State evidences these borrowings.
				  If the project agreement is unfulfilled, the State can require the Local
				  Sponsor and/or the private company to repay the unpaid loan principal with
				  interest and penalties. If necessary, a portion of the Local Sponsor's sales
				  tax and/or homestead exemption reimbursement may be withheld in an amount that
				  is sufficient to repay the obligation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-401

Current through June 25, 2024
The Mississippi Small Enterprise Development Finance Program,
				  administered by the MBFC, is designed for making loans to qualified private
				  companies that will increase employment and investment in the state. The sales
				  and use tax exemption is for all purchases of tangible personal property and
				  services to establish the facility that are made with bond
				  funds.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-402

Current through June 25, 2024
The loan may not be in excess of ninety percent (90%) of the
				  market value of the financed assets and the loan may not be used to refinance
				  existing debt. The aggregate amount loaned to one borrower may not exceed four
				  million dollars ($4,000,000) and the term shall not exceed twenty (20) years.
				  The project must create a minimum often (10) new jobs.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-501

Current through June 25, 2024
The purchases must be sold directly to, billed directly to
				  and paid for directly by the entity induced by MBFC. The exemption does not
				  cover tagged vehicles or ongoing expenses and supply items that are not
				  purchases required to establish the facility.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 10 - Economic Development › Chapter 11 - Sales and Use Tax Exemption for Bond Financing › Section 35-10-11-502

Current through June 25, 2024
Bond financing exemptions do not apply to the three and
				  one-half percent (31/2%) or the one and one-half (11/2%) contractor's tax
				  levied in Miss. Code Ann. Section
				  27-65-21. The
				  contractor's tax is levied directly on the contractor for the privilege of
				  performing contracts exceeding $10,000 for the construction, repair or
				  renovation of non-residential real property. The contractor's tax is levied on
				  the contractor's gross receipts from the construction contract regardless of
				  any exemptions the project owner may have. Purchases of component materials for
				  a construction project made by the contractor and reimbursed by the project
				  owner are considered part of the contractor's gross receipts subject to the
				  three and one-half percent (31/2%) contractor's tax. Miss. Code Ann. Section
				  27-65-21(1)(a)
				  ii provides that amounts included in commercial construction contracts with
				  manufacturers representing the sale of manufacturing machinery shall be taxed
				  at the 11/2% reduced rate of tax in lieu of the 31/2% contractors' sales tax.
				  However, the owner's exemption will apply on the sale by the construction
				  contractor to the project owner of manufacturing machinery that retains its
				  identity as tangible personal property.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-100 - Cannabis

Current through June 25, 2024
"Cannabis" means all parts of the plant of the genus
				  cannabis, the flower, the seeds thereof, the resin extracted from any part of
				  the plant, and every compound, manufacture, salt, derivative, mixture, or
				  preparation of the plant, its seeds or its resin, including whole plant
				  extracts. It does not mean cannabis derived from drug products approved by the
				  federal Food and Drug Administration under Section 505 of the Food, Drug and
				  Cosmetic Act.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-101 - Cannabis product

Current through June 25, 2024
"Cannabis product" means cannabis flower, concentrated
				  cannabis, cannabis extracts, and products that are infused with cannabis or an
				  extract thereof and are intended for use or consumption by humans. The term
				  includes, without limitation, edible cannabis products, beverages, topical
				  products, ointments, oils, tinctures and suppositories that contain
				  tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those products
				  excluded from control under Miss. Code Sections
				  41-29-113
				  and
				  41-29-136.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-103 - Concentrate

Current through June 25, 2024
"Concentrate" means a substance obtained by separating
				  cannabinoids from cannabis by:
1. A
				mechanical extraction process;
2. A
				chemical extraction process using a nonhydrocarbon-based or other solvent, such
				as water, vegetable glycerin, vegetable oils, animal fats, food-grade ethanol
				or steam distillation; or
3. A
				chemical extraction process using the hydrocarbon-based solvent carbon dioxide,
				provided that the process does not involve the use of high heat or
				pressure.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-106 - Dispensary

Current through June 25, 2024
"Dispensary" means an entity licensed and registered with the
				  Department that acquires, possesses, stores, transfers, sells, supplies, or
				  dispenses cannabis, cannabis products, equipment used for medical cannabis, or
				  related supplies and educational materials to cardholders. An entity or
				  individual cannot have greater than a ten (10%) interest in more than five (5)
				  dispensaries.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-107 - Disqualifying felony offense

Current through June 25, 2024
"Disqualifying felony offense" means:
1. A conviction for a crime of violence, as
				defined in Miss. Code Section
				97-3-2;
2. A conviction for a crime that was defined
				as a violent crime in the law of the jurisdiction in which the offense was
				committed, and that was classified as a felony in the jurisdiction where the
				person was convicted; or
3. A
				conviction for a violation of a state or federal controlled substances law that
				was classified as a felony in the jurisdiction where the person was convicted,
				including the service of any term of probation, incarceration, or supervised
				release within the previous five (5) years and the offender has not committed
				another similar offense since the conviction. Under this subparagraph (3), a
				disqualifying felony offense shall not include a conviction that consisted of
				conduct for which the Medical Cannabis Program would likely have prevented the
				conviction but for the fact that the conduct occurred before the effective date
				of the Program's creation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-108 - Economic Interest

Current through June 25, 2024
"Economic Interest" means holding an ownership interest as a
				  sole proprietor, partner, limited partner, member holding at least a 10% equity
				  or similar interest, stockholder owning at least 10% of available stock, or any
				  other type of interest that entitles the individual or entity to regular
				  payments for amounts based on a percentage of revenue derived from the sale of
				  cannabis or cannabis products in any licensed dispensary. This definition
				  excludes the following:
1. Any
				investment that the investor does not control in nature, amount or timing,
				including mutual funds, group investments, etc.;
2. Lenders that have provided a loan to the
				dispensary where the repayment amounts for the loan are regular flat fee
				payments;
3. Operators under
				management agreements where the fee paid to management company is a flat
				monthly rate or is a percentage fee equal to less than 10% of the monthly gross
				revenue of the dispensary; or
4.
				Landlords that are receiving flat monthly rate lease payments from the
				dispensary.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-109 - Edible cannabis products

Current through June 25, 2024
"Edible cannabis products" means products that:
1. Contain or are infused with cannabis or an
				extract thereof;
2. Are intended
				for human consumption by oral ingestion; and
3. Are presented in the form of foodstuffs,
				beverages, extracts, oils, tinctures, lozenges and other similar
				products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-113 - Main Point of Entry

Current through June 25, 2024
"Main Point of Entry" and "Main Entrance" both mean the
				  primary entryway or door through which the majority of cardholders are directed
				  to enter the dispensary to purchase medical cannabis
				  products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-114 - MMCEU

Current through June 25, 2024
"MMCEU" means Mississippi Medical Cannabis Equivalency Unit.
				  One unit of MMCEU shall be considered equal to:
1. Three and one-half (3.5) grams of medical
				cannabis flower;
2. One (1) gram of
				medical cannabis concentrate; or
3.
				One hundred (100) milligrams of THC in an infused product.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-115 - Registry identification card

Current through June 25, 2024
"Registry identification card" means a document issued by the
				  Mississippi Department of Health that identifies a person as a registered
				  qualifying patient, nonresident registered qualifying patient or registered
				  designated caregiver.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-116 - School

Current through June 25, 2024
"School" means an institution for the teaching of children,
				  consisting of a physical location, whether owned or leased, including
				  instructional staff members and students, and which is in session each school
				  year. This definition shall include, but not be limited to, public, private,
				  church and parochial programs for kindergarten, elementary, junior high and
				  high schools. Such term shall not mean a home instruction
				  program.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 1 - Definitions › Section 35-11-1-117 - Brand

Current through June 25, 2024
"Brand" shall mean a name, term, design or symbol or any
				  other feature that identifies one seller's goods or services as distinct from
				  those of other sellers. For the purposes of these regulations, a company logo
				  is considered a brand.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-101

Current through June 25, 2024
An application must include the following:
1. The names and other required information
				for all individuals and legal entities who are applicants.
2. Any forms required by the Department and
				any information identified in the forms that is required to be
				submitted.
3. A map or sketch of
				the premises proposed for licensure, including the defined boundaries of the
				premises and a scaled floorplan sketch of all enclosed areas with clear
				identification of the main entrance, walls, all areas of ingress and egress,
				and all limited access areas. This map must provide accurate measurements that
				allow the Department, at a minimum, to determine the precise main entrance
				location in reference to the rest of the premises.
4. If the application is based on proposed
				construction not completed at the time of application, the applicant must
				submit construction plans for the proposed building which will be the basis for
				the application investigation. These plans must, at a minimum, provide accurate
				measurements that allow the Department to determine the precise main entrance
				location in reference to the rest of the building.
5. An operating plan that demonstrates at a
				minimum how the applicant's proposed premises and business will comply with
				applicable laws and rules regarding:
a.
				Security;
b. Employee
				qualifications, including background checks, and training;
c. Record-keeping systems;
d. Hours of operation;
e. Preventing non-cardholders under the age
				of 21 from entering the licensed premises; and
f. Preventing non-cardholders from obtaining
				or attempting to obtain any items sold by the dispensary.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-102

Current through June 25, 2024
In addition to submitting the application and the items
				  described in Paragraph 101 of this rule, the Department will require the
				  following to be submitted:
1. For
				applicants:
a. An affidavit provided by the
				Department affirming that, among other things, the applicant has not been
				convicted of a disqualifying felony; and
b. Any forms required by the Department and
				any information identified in the form that is required to be
				submitted.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-103

Current through June 25, 2024
The Department will review an application to determine if it
				  is complete. An application will not be considered complete if the applicant
				  does not provide all information required by the application form, the full
				  application and license fees have not been paid, or all of the additional
				  information required under these rules is not submitted. If items are missing,
				  the Department will send notification to the applicant that the application has
				  been rejected and provide a description of the needed information. The
				  applicant will need to resubmit an amended application for a license if the
				  application is rejected.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-104

Current through June 25, 2024
Once all required information is received and the fees have
				  been paid, the Department will send notification to the applicant that it has
				  received a completed application. Once the application has been deemed
				  complete, the Department will investigate the application and issue a
				  determination within thirty (30) days of receiving the completed application.
				  Applications will be processed in the order in which a completed application is
				  filed. Investigations will be initiated based on the order in which a complete
				  application is filed; however, the duration of the investigation will depend
				  upon the information provided by the applicant.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-105

Current through June 25, 2024
The applicant will be required to pay the $15,000 application
				  fee and $25,000 license fee before the application can be considered complete.
				  If the applicant is denied a license because its main entrance is within 1,500
				  feet of a licensed dispensary, both the $15,000 application fee and the $25,000
				  license fee will be refunded. If the license is denied for any other reason,
				  including violation of any other distance restriction, the $25,000 license fee
				  will be refunded, but the $15,000 application fee will not be refunded. The
				  application fee and license fee must be paid by credit card or ACH debit
				  through the licensing vendor selected for the Mississippi Medical Cannabis
				  Program.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-106

Current through June 25, 2024
The Department will make a determination as to whether to
				  grant or deny a license within 30 days of receiving a completed application. If
				  the Department is unable to receive results of a background check for
				  disqualifying felonies within those 30 days, it will grant a license to
				  otherwise successful applicants. Thereafter, if the Department receives results
				  from the background checks that include a disqualifying felony, it will provide
				  the licensee with the opportunity to divest itself of the individual with a
				  disqualifying felony. If the licensee is unable to or refuses to do so within
				  10 days of notice, the Department will revoke the subject
				  license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 2 - Application Process › Section 35-11-2-107

Current through June 25, 2024
If a license is issued to an applicant that is still
				  constructing the licensed premises, the applicant must complete construction
				  and fulfill all obligations required by the Department to open for business
				  prior to the end of its twelve (12) month license and are conducting
				  transactions within the seed-to-sale system. If not, the license will not be
				  eligible for renewal and the license will cease. The licensee will then be
				  required to submit a new application for investigation.