Missouri Revised Statutes
Chapter 135
Tax Relief
←135.980
Section 135.1150.1
135.1180→
August 28, 2015
Citation of law--definitions--tax credit, amount--claim application--limitation--transferability of credit--rulemaking authority.
135.1150. 1. This section shall be known and may be cited as the
"Residential Treatment Agency Tax Credit Act".
2. As used in this section, the following terms mean:
(1) "Certificate", a tax credit certificate issued under this
section;
(2) "Department", the Missouri department of social services;
(3) "Eligible donation", donations received from a taxpayer by an
agency that are used solely to provide direct care services to children who
are residents of this state. Eligible donations may include cash, publicly
traded stocks and bonds, and real estate that will be valued and documented
according to rules promulgated by the department of social services. For
purposes of this section, "direct care services" include but are not
limited to increasing the quality of care and service for children through
improved employee compensation and training;
(4) "Qualified residential treatment agency" or "agency", a
residential care facility that is licensed under section 210.484,
accredited by the Council on Accreditation (COA), the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO), or the Commission on
Accreditation of Rehabilitation Facilities (CARF), and is under contract
with the Missouri department of social services to provide treatment
services for children who are residents or wards of residents of this
state, and that receives eligible donations. Any agency that operates more
than one facility or at more than one location shall be eligible for the
tax credit under this section only for any eligible donation made to
facilities or locations of the agency which are licensed and accredited;
(5) "Taxpayer", any of the following individuals or entities who make
an eligible donation to an agency:
(a) A person, firm, partner in a firm, corporation, or a shareholder
in an S corporation doing business in the state of Missouri and subject to
the state income tax imposed in chapter 143;
(b) A corporation subject to the annual corporation franchise tax
imposed in chapter 147;
(c) An insurance company paying an annual tax on its gross premium
receipts in this state;
(d) Any other financial institution paying taxes to the state of
Missouri or any political subdivision of this state under chapter 148;
(e) An individual subject to the state income tax imposed in chapter
143;
(f) Any charitable organization which is exempt from federal income
tax and whose Missouri unrelated business taxable income, if any, would be
subject to the state income tax imposed under chapter 143.
3. For all taxable years beginning on or after January 1, 2007, any
taxpayer shall be allowed a credit against the taxes otherwise due under
chapter 143, 147, or 148, excluding withholding tax imposed by sections
143.191 to 143.265, in an amount equal to fifty percent of the amount of an
eligible donation, subject to the restrictions in this section. The amount
of the tax credit claimed shall not exceed the amount of the taxpayer's
state income tax liability in the tax year for which the credit is claimed.
Any amount of credit that the taxpayer is prohibited by this section from
claiming in a tax year shall not be refundable, but may be carried forward
to any of the taxpayer's four subsequent taxable years.
4. To claim the credit authorized in this section, an agency may
submit to the department an application for the tax credit authorized by
this section on behalf of taxpayers. The department shall verify that the
agency has submitted the following items accurately and completely:
(1) A valid application in the form and format required by the
department;
(2) A statement attesting to the eligible donation received, which
shall include the name and taxpayer identification number of the individual
making the eligible donation, the amount of the eligible donation, and the
date the eligible donation was received by the agency; and
(3) Payment from the agency equal to the value of the tax credit for
which application is made.
If the agency applying for the tax credit meets all criteria required by
this subsection, the department shall issue a certificate in the
appropriate amount.
5. An agency may apply for tax credits in an aggregate amount that
does not exceed the payments made by the department to the agency in the
preceding twelve months.
6. Tax credits issued under this section may be assigned,
transferred, sold, or otherwise conveyed, and the new owner of the tax
credit shall have the same rights in the credit as the taxpayer. Whenever
a certificate is assigned, transferred, sold, or otherwise conveyed, a
notarized endorsement shall be filed with the department specifying the
name and address of the new owner of the tax credit or the value of the
credit.
7. The department shall promulgate rules to implement the provisions
of this section. Any rule or portion of a rule, as that term is defined in
section 536.010, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536 and, if applicable, section 536.028.
This section and chapter 536 are nonseverable and if any of the powers
vested with the general assembly pursuant to chapter 536 to review, to
delay the effective date, or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking authority
and any rule proposed or adopted after August 28, 2006, shall be invalid
and void.
(L. 2006 S.B. 614 § 135.1142, A.L. 2007 H.B. 453 merged with S.B. 86,
A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2012 H.B. 1172, A.L. 2015
S.B. 463)
2012
2007
2007
2007
2012
135.1150. 1. This section shall be known and may be cited as the
"Residential Treatment Agency Tax Credit Act".
2. As used in this section, the following terms mean:
(1) "Certificate", a tax credit certificate issued under this
section;
(2) "Department", the Missouri department of social services;
(3) "Eligible donation", donations received from a taxpayer by an
agency that are used solely to provide direct care services to children who
are residents of this state. Eligible donations may include cash, publicly
traded stocks and bonds, and real estate that will be valued and documented
according to rules promulgated by the department of social services. For
purposes of this section, "direct care services" include but are not
limited to increasing the quality of care and service for children through
improved employee compensation and training;
(4) "Qualified residential treatment agency" or "agency", a
residential care facility that is licensed under section 210.484,
accredited by the Council on Accreditation (COA), the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO), or the Commission on
Accreditation of Rehabilitation Facilities (CARF), and is under contract
with the Missouri department of social services to provide treatment
services for children who are residents or wards of residents of this
state, and that receives eligible donations. Any agency that operates more
than one facility or at more than one location shall be eligible for the
tax credit under this section only for any eligible donation made to
facilities or locations of the agency which are licensed and accredited;
(5) "Taxpayer", any of the following individuals or entities who make
an eligible donation to an agency:
(a) A person, firm, partner in a firm, corporation, or a shareholder
in an S corporation doing business in the state of Missouri and subject to
the state income tax imposed in chapter 143;
(b) A corporation subject to the annual corporation franchise tax
imposed in chapter 147;
(c) An insurance company paying an annual tax on its gross premium
receipts in this state;
(d) Any other financial institution paying taxes to the state of
Missouri or any political subdivision of this state under chapter 148;
(e) An individual subject to the state income tax imposed in chapter
143;
(f) Any charitable organization which is exempt from federal income
tax and whose Missouri unrelated business taxable income, if any, would be
subject to the state income tax imposed under chapter 143.
3. For all taxable years beginning on or after January 1, 2007, any
taxpayer shall be allowed a credit against the taxes otherwise due under
chapter 147, 148, or 143, excluding withholding tax imposed by sections
143.191 to 143.265, in an amount equal to fifty percent of the amount of an
eligible donation, subject to the restrictions in this section. The amount
of the tax credit claimed shall not exceed the amount of the taxpayer's
state income tax liability in the tax year for which the credit is claimed.
Any amount of credit that the taxpayer is prohibited by this section from
claiming in a tax year shall not be refundable, but may be carried forward
to any of the taxpayer's four subsequent taxable years.
4. To claim the credit authorized in this section, an agency may
submit to the department an application for the tax credit authorized by
this section on behalf of taxpayers. The department shall verify that the
agency has submitted the following items accurately and completely:
(1) A valid application in the form and format required by the
department;
(2) A statement attesting to the eligible donation received, which
shall include the name and taxpayer identification number of the individual
making the eligible donation, the amount of the eligible donation, and the
date the eligible donation was received by the agency; and
(3) Payment from the agency equal to the value of the tax credit for
which application is made. If the agency applying for the tax credit meets
all criteria required by this subsection, the department shall issue a
certificate in the appropriate amount.
5. An agency may apply for tax credits in an aggregate amount that
does not exceed the payments made by the department to the agency in the
preceding twelve months.
6. Tax credits issued under this section may be assigned,
transferred, sold, or otherwise conveyed, and the new owner of the tax
credit shall have the same rights in the credit as the taxpayer. Whenever
a certificate is assigned, transferred, sold, or otherwise conveyed, a
notarized endorsement shall be filed with the department specifying the
name and address of the new owner of the tax credit or the value of the
credit.
7. The department shall promulgate rules to implement the provisions
of this section. Any rule or portion of a rule, as that term is defined in
section 536.010, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536 and, if applicable, section 536.028.
This section and chapter 536 are nonseverable and if any of the powers
vested with the general assembly pursuant to chapter 536 to review, to
delay the effective date, or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking authority
and any rule proposed or adopted after August 28, 2006, shall be invalid
and void.
8. Under section 23.253 of the Missouri sunset act:
(1) The program authorized under this section shall expire on
December 31, 2015; and
(2) This section shall terminate on September 1, 2016.
2007
135.1150. 1. This section shall be known and may be cited as the
"Residential Treatment Agency Tax Credit Act".
2. As used in this section, the following terms mean:
(1) "Certificate", a tax credit certificate issued under this section;
(2) "Department", the Missouri department of social services;
(3) "Eligible donation", donations received from a taxpayer by an
agency that are used solely to provide direct care services to children who
are residents of this state. Eligible donations may include cash, publicly
traded stocks and bonds, and real estate that will be valued and documented
according to rules promulgated by the department of social services. For
purposes of this section, "direct care services" include but are not limited
to increasing the quality of care and service for children through improved
employee compensation and training;
(4) "Qualified residential treatment agency" or "agency", a residential
care facility that is licensed under section 210.484, accredited by the
Council on Accreditation (COA), the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO), or the Commission on Accreditation of
Rehabilitation Facilities (CARF), and is under contract with the Missouri
department of social services to provide treatment services for children who
are residents or wards of residents of this state, and that receives eligible
donations. Any agency that operates more than one facility or at more than
one location shall be eligible for the tax credit under this section only for
any eligible donation made to facilities or locations of the agency which are
licensed and accredited;
(5) "Taxpayer", any of the following individuals or entities who make
an eligible donation to an agency:
(a) A person, firm, partner in a firm, corporation, or a shareholder in
an S corporation doing business in the state of Missouri and subject to the
state income tax imposed in chapter 143;
(b) A corporation subject to the annual corporation franchise tax
imposed in chapter 147;
(c) An insurance company paying an annual tax on its gross premium
receipts in this state;
(d) Any other financial institution paying taxes to the state of
Missouri or any political subdivision of this state under chapter 148;
(e) An individual subject to the state income tax imposed in chapter 143;
(f) Any charitable organization which is exempt from federal income tax
and whose Missouri unrelated business taxable income, if any, would be
subject to the state income tax imposed under chapter 143.
3. For all taxable years beginning on or after January 1, 2007, any
taxpayer shall be allowed a credit against the taxes otherwise due under
chapter 147, 148, or 143, excluding withholding tax imposed by sections
143.191 to 143.265, in an amount equal to fifty percent of the amount of an
eligible donation, subject to the restrictions in this section. The amount
of the tax credit claimed shall not exceed the amount of the taxpayer's state
income tax liability in the tax year for which the credit is claimed. Any
amount of credit that the taxpayer is prohibited by this section from
claiming in a tax year shall not be refundable, but may be carried forward to
any of the taxpayer's four subsequent taxable years.
4. To claim the credit authorized in this section, an agency may submit
to the department an application for the tax credit authorized by this
section on behalf of taxpayers. The department shall verify that the agency
has submitted the following items accurately and completely:
(1) A valid application in the form and format required by the
department;
(2) A statement attesting to the eligible donation received, which shall
include the name and taxpayer identification number of the individual making
the eligible donation, the amount of the eligible donation, and the date the
eligible donation was received by the agency; and
(3) Payment from the agency equal to the value of the tax credit for
which application is made.
If the agency applying for the tax credit meets all criteria required by this
subsection, the department shall issue a certificate in the appropriate
amount.
5. An agency may apply for tax credits in an aggregate amount that does
not exceed forty percent of the payments made by the department to the agency
in the preceding twelve months.
6. Tax credits issued under this section may be assigned, transferred,
sold, or otherwise conveyed, and the new owner of the tax credit shall have
the same rights in the credit as the taxpayer. Whenever a certificate is
assigned, transferred, sold, or otherwise conveyed, a notarized endorsement
shall be filed with the department specifying the name and address of the new
owner of the tax credit or the value of the credit.
7. The department shall promulgate rules to implement the provisions of
this section. Any rule or portion of a rule, as that term is defined in
section 536.010, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to all
of the provisions of chapter 536 and, if applicable, section 536.028. This
section and chapter 536 are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536 to review, to delay the
effective date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2006, shall be invalid and void.
8. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section
shall automatically sunset six years after August 28, 2006, unless
reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this
section shall automatically sunset twelve years after the effective date of
the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year
immediately following the calendar year in which the program authorized under
this section is sunset.
2007
135.1150. 1. This section shall be known and may be cited as the
"Residential Treatment Agency Tax Credit Act".
2. As used in this section, the following terms mean:
(1) "Certificate", a tax credit certificate issued under this
section;
(2) "Department", the Missouri department of social services;
(3) "Eligible donation", donations received from a taxpayer by an
agency that are used solely to provide direct care services to children who
are residents of this state. Eligible donations may include cash, publicly
traded stocks and bonds, and real estate that will be valued and documented
according to rules promulgated by the department of social services. For
purposes of this section, "direct care services" include but are not
limited to increasing the quality of care and service for children through
improved employee compensation and training;
(4) "Qualified residential treatment agency" or "agency", a
residential care facility that is licensed under section 210.484, RSMo,
accredited by the Council on Accreditation (COA), the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO), or the Commission on
Accreditation of Rehabilitation Facilities (CARF), and is under contract
with the Missouri department of social services to provide treatment
services for children who are residents or wards of residents of this
state, and that receives eligible donations. Any agency that operates more
than one facility or at more than one location shall be eligible for the
tax credit under this section only for any eligible donation made to
facilities or locations of the agency which are licensed and accredited;
(5) "Taxpayer", any of the following individuals or entities who make
an eligible donation to an agency:
(a) A person, firm, partner in a firm, corporation, or a shareholder
in an S corporation doing business in the state of Missouri and subject to
the state income tax imposed in chapter 143, RSMo;
(b) A corporation subject to the annual corporation franchise tax
imposed in chapter 147, RSMo;
(c) An insurance company paying an annual tax on its gross premium
receipts in this state;
(d) Any other financial institution paying taxes to the state of
Missouri or any political subdivision of this state under chapter 148,
RSMo;
(e) An individual subject to the state income tax imposed in chapter
143, RSMo.
3. For all taxable years beginning on or after January 1, 2007, any
taxpayer shall be allowed a credit against the taxes otherwise due under
chapter 147, 148, or 143, RSMo, excluding withholding tax imposed by
sections 143.191 to 143.265, RSMo, in an amount equal to fifty percent of
the amount of an eligible donation, subject to the restrictions in this
section. The amount of the tax credit claimed shall not exceed the amount
of the taxpayer's state income tax liability in the tax year for which the
credit is claimed. Any amount of credit that the taxpayer is prohibited by
this section from claiming in a tax year shall not be refundable, but may
be carried forward to any of the taxpayer's four subsequent taxable years.
4. To claim the credit authorized in this section, an agency may
submit to the department an application for the tax credit authorized by
this section on behalf of taxpayers. The department shall verify that the
agency has submitted the following items accurately and completely:
(1) A valid application in the form and format required by the
department;
(2) A statement attesting to the eligible donation received, which
shall include the name and taxpayer identification number of the individual
making the eligible donation, the amount of the eligible donation, and the
date the eligible donation was received by the agency; and
(3) Payment from the agency equal to the value of the tax credit for
which application is made.
If the agency applying for the tax credit meets all criteria required by
this subsection, the department shall issue a certificate in the
appropriate amount.
5. An agency may apply for tax credits in an aggregate amount that
does not exceed forty percent of the payments made by the department to the
agency in the preceding twelve months.
6. Tax credits issued under this section may be assigned,
transferred, sold, or otherwise conveyed, and the new owner of the tax
credit shall have the same rights in the credit as the taxpayer. Whenever
a certificate is assigned, transferred, sold, or otherwise conveyed, a
notarized endorsement shall be filed with the department specifying the
name and address of the new owner of the tax credit or the value of the
credit.
7. The department shall promulgate rules to implement the provisions
of this section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is subject
to all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if
any of the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date, or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2006, shall be
invalid and void.
8. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this section
shall automatically sunset six years after August 28, 2006, unless
reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under
this section shall automatically sunset twelve years after the effective
date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar
year immediately following the calendar year in which the program
authorized under this section is sunset.
2007
135.1150. 1. This section shall be known and may be cited as the
"Residential Treatment Agency Tax Credit Act".
2. As used in this section, the following terms mean:
(1) "Certificate", a tax credit certificate issued under this
section;
(2) "Department", the Missouri department of social services;
(3) "Eligible donation", donations received from a taxpayer by an
agency that are used solely to provide direct care services to children who
are residents of this state. Eligible donations may include cash, publicly
traded stocks and bonds, and real estate that will be valued and documented
according to rules promulgated by the department of social services. For
purposes of this section, "direct care services" include but are not
limited to increasing the quality of care and service for children through
improved employee compensation and training;
(4) "Qualified residential treatment agency" or "agency", a
residential care facility that is licensed under section 210.484, RSMo,
accredited by the Council on Accreditation (COA), the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO), or the Commission on
Accreditation of Rehabilitation Facilities (CARF), and is under contract
with the Missouri department of social services to provide treatment
services for children who are residents or wards of residents of this
state, and that receives eligible donations. Any agency that operates more
than one facility or at more than one location shall be eligible for the
tax credit under this section only for any eligible donation made to
facilities or locations of the agency which are licensed and accredited;
(5) "Taxpayer", any of the following individuals or entities who make
an eligible donation to an agency:
(a) A person, firm, partner in a firm, corporation, or a shareholder
in an S corporation doing business in the state of Missouri and subject to
the state income tax imposed in chapter 143, RSMo;
(b) A corporation subject to the annual corporation franchise tax
imposed in chapter 147, RSMo;
(c) An insurance company paying an annual tax on its gross premium
receipts in this state;
(d) Any other financial institution paying taxes to the state of
Missouri or any political subdivision of this state under chapter 148,
RSMo;
(e) An individual subject to the state income tax imposed in chapter
143, RSMo.
3. For all taxable years beginning on or after January 1, 2007, any
taxpayer shall be allowed a credit against the taxes otherwise due under
chapter 147, 148, or 143, RSMo, excluding withholding tax imposed by
sections 143.191 to 143.265, RSMo, in an amount equal to fifty percent of
the amount of an eligible donation, subject to the restrictions in this
section. The amount of the tax credit claimed shall not exceed the amount
of the taxpayer's state income tax liability in the tax year for which the
credit is claimed. Any amount of credit that the taxpayer is prohibited by
this section from claiming in a tax year shall not be refundable, but may
be carried forward to any of the taxpayer's four subsequent taxable years.
4. To claim the credit authorized in this section, an agency may
submit to the department an application for the tax credit authorized by
this section on behalf of taxpayers. The department shall verify that the
agency has submitted the following items accurately and completely:
(1) A valid application in the form and format required by the
department;
(2) A statement attesting to the eligible donation received, which
shall include the name and taxpayer identification number of the individual
making the eligible donation, the amount of the eligible donation, and the
date the eligible donation was received by the agency; and
(3) Payment from the agency equal to the value of the tax credit for
which application is made.
If the agency applying for the tax credit meets all criteria required by
this subsection, the department shall issue a certificate in the
appropriate amount.
5. An agency may apply for tax credits in an aggregate amount that
does not exceed forty percent of the payments made by the department to the
agency in the preceding twelve months.
6. Tax credits issued under this section may be assigned,
transferred, sold, or otherwise conveyed, and the new owner of the tax
credit shall have the same rights in the credit as the taxpayer. Whenever
a certificate is assigned, transferred, sold, or otherwise conveyed, a
notarized endorsement shall be filed with the department specifying the
name and address of the new owner of the tax credit or the value of the
credit.
7. The department shall promulgate rules to implement the provisions
of this section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is subject
to all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if
any of the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date, or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2006, shall be
invalid and void.
8. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this section
shall automatically sunset six years after August 28, 2006, unless
reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under
this section shall automatically sunset twelve years after the effective
date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar
year immediately following the calendar year in which the program
authorized under this section is sunset.
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