Missouri Revised Statutes
Chapter 620
Department of Economic Development
←620.1875
Section 620.1878.1
620.1881→
August 28, 2015
Definitions.
620.1878. For the purposes of sections 620.1875 to 620.1890, the
following terms shall mean:
(1) "Approval", a document submitted by the department to the qualified
company that states the benefits that may be provided by this program;
(2) "Average wage", the new payroll divided by the number of new jobs;
(3) "Commencement of operations", the starting date for the qualified
company's first new employee, which must be no later than twelve months from
the date of the approval;
(4) "County average wage", the average wages in each county as
determined by the department for the most recently completed full calendar
year. However, if the computed county average wage is above the statewide
average wage, the statewide average wage shall be deemed the county average
wage for such county for the purpose of determining eligibility. The
department shall publish the county average wage for each county at least
annually. Notwithstanding the provisions of this subdivision to the
contrary, for any qualified company that in conjunction with their project is
relocating employees from a Missouri county with a higher county average
wage, the company shall obtain the endorsement of the governing body of the
community from which jobs are being relocated or the county average wage for
their project shall be the county average wage for the county from which the
employees are being relocated;
(5) "Department", the Missouri department of economic development;
(6) "Director", the director of the department of economic development;
(7) "Employee", a person employed by a qualified company;
(8) "Full-time employee", an employee of the qualified company that is
scheduled to work an average of at least thirty-five hours per week for a
twelve-month period, and one for which the qualified company offers health
insurance and pays at least fifty percent of such insurance premiums;
(9) "High-impact project", a qualified company that, within two years
from commencement of operations, creates one hundred or more new jobs;
(10) "Local incentives", the present value of the dollar amount of direct
benefit received by a qualified company for a project facility from one or
more local political subdivisions, but shall not include loans or other funds
provided to the qualified company that must be repaid by the qualified
company to the political subdivision;
(11) "NAICS", the 1997 edition of the North American Industry
Classification System as prepared by the Executive Office of the President,
Office of Management and Budget. Any NAICS sector, subsector, industry group
or industry identified in this section shall include its corresponding
classification in subsequent federal industry classification systems;
(12) "New direct local revenue", the present value of the dollar amount
of direct net new tax revenues of the local political subdivisions likely to
be produced by the project over a ten-year period as calculated by the
department, excluding local earnings tax, and net new utility revenues,
provided the local incentives include a discount or other direct incentives
from utilities owned or operated by the political subdivision;
(13) "New investment", the purchase or leasing of new tangible assets to
be placed in operation at the project facility, which will be directly
related to the new jobs;
(14) "New job", the number of full-time employees located at the project
facility that exceeds the project facility base employment less any decrease
in the number of full-time employees at related facilities below the related
facility base employment. No job that was created prior to the date of the
notice of intent shall be deemed a new job. An employee that spends less
than fifty percent of the employee's work time at the facility is still
considered to be located at a facility if the employee receives his or her
directions and control from that facility, is on the facility's payroll, one
hundred percent of the employee's income from such employment is Missouri
income, and the employee is paid at or above the state average wage;
(15) "New payroll", the amount of taxable wages of full-time employees,
excluding owners, located at the project facility that exceeds the project
facility base payroll. If full-time employment at related facilities is below
the related facility base employment, any decrease in payroll for full-time
employees at the related facilities below that related facility base payroll
shall also be subtracted to determine new payroll;
(16) "Notice of intent", a form developed by the department, completed by
the qualified company and submitted to the department which states the
qualified company's intent to hire new jobs and request benefits under this
program;
(17) "Percent of local incentives", the amount of local incentives
divided by the amount of new direct local revenue;
(18) "Program", the Missouri quality jobs program provided in sections
620.1875 to 620.1890;
(19) "Project facility", the building used by a qualified company at
which the new jobs and new investment will be located. A project facility
may include separate buildings that are located within fifteen miles of each
other or within the same county such that their purpose and operations are
interrelated;
(20) "Project facility base employment", the greater of the number of
full-time employees located at the project facility on the date of the notice
of intent or for the twelve-month period prior to the date of the notice of
intent, the average number of full-time employees located at the project
facility. In the event the project facility has not been in operation for a
full twelve-month period, the average number of full-time employees for the
number of months the project facility has been in operation prior to the date
of the notice of intent;
(21) "Project facility base payroll", the total amount of taxable wages
paid by the qualified company to full-time employees of the qualified
company located at the project facility in the twelve months prior to the
notice of intent, not including the payroll of the owners of the qualified
company unless the qualified company is participating in an employee stock
ownership plan. For purposes of calculating the benefits under this program,
the amount of base payroll shall increase each year based on an appropriate
measure, as determined by the department;
(22) "Project period", the time period that the benefits are provided to
a qualified company;
(23) "Qualified company", a firm, partnership, joint venture,
association, private or public corporation whether organized for profit or
not, or headquarters of such entity registered to do business in Missouri
that is the owner or operator of a project facility, offers health insurance
to all full-time employees of all facilities located in this state, and pays
at least fifty percent of such insurance premiums. For the purposes of
sections 620.1875 to 620.1890, the term "qualified company" shall not include:
(a) Gambling establishments (NAICS industry group 7132);
(b) Retail trade establishments (NAICS sectors 44 and 45);
(c) Food and drinking places (NAICS subsector 722);
(d) Public utilities (NAICS 221 including water and sewer services);
(e) Any company that is delinquent in the payment of any nonprotested
taxes or any other amounts due the state or federal government or any other
political subdivision of this state;
(f) Any company that has filed for or has publicly announced its
intention to file for bankruptcy protection. However, a company that has
filed for or has publicly announced its intention to file for bankruptcy
between January 1, 2009, and December 31, 2009, may be a qualified company
provided that such company:
a. Certifies to the department that it plans to reorganize and not to
liquidate; and
b. After its bankruptcy petition has been filed, it produces proof, in a
form and at times satisfactory to the department, that it is not delinquent
in filing any tax returns or making any payment due to the state of Missouri,
including but not limited to all tax payments due after the filing of the
bankruptcy petition and under the terms of the plan of reorganization.
Any taxpayer who is awarded benefits under this subsection and who files for
bankruptcy under Chapter 7 of the United States Bankruptcy Code, Title 11
U.S.C., shall immediately notify the department and shall forfeit such
benefits and shall repay the state an amount equal to any state tax credits
already redeemed and any withholding taxes already retained;
(g) Educational services (NAICS sector 61);
(h) Religious organizations (NAICS industry group 8131);
(i) Public administration (NAICS sector 92);
(j) Ethanol distillation or production; or
(k) Biodiesel production.
Notwithstanding any provision of this section to the contrary, the
headquarters or administrative offices of an otherwise excluded business may
qualify for benefits if the offices serve a multistate territory. In the
event a national, state, or regional headquarters operation is not the
predominant activity of a project facility, the new jobs and investment of
such headquarters operation is considered eligible for benefits under this
section if the other requirements are satisfied;
(24) "Qualified renewable energy sources" shall not be construed to
include ethanol distillation or production or biodiesel production; however,
it shall include:
(a) Open-looped biomass;
(b) Close-looped biomass;
(c) Solar;
(d) Wind;
(e) Geothermal; and
(f) Hydropower;
(25) "Related company" means:
(a) A corporation, partnership, trust, or association controlled by the
qualified company;
(b) An individual, corporation, partnership, trust, or association in
control of the qualified company; or
(c) Corporations, partnerships, trusts or associations controlled by an
individual, corporation, partnership, trust or association in control of the
qualified company. As used in this subdivision, "control of a corporation"
shall mean ownership, directly or indirectly, of stock possessing at least
fifty percent of the total combined voting power of all classes of stock
entitled to vote, "control of a partnership or association" shall mean
ownership of at least fifty percent of the capital or profits interest in such
partnership or association, "control of a trust" shall mean ownership,
directly or indirectly, of at least fifty percent of the beneficial interest
in the principal or income of such trust, and ownership shall be determined
as provided in Section 318 of the Internal Revenue Code of 1986, as amended;
(26) "Related facility", a facility operated by the qualified company or
a related company located in this state that is directly related to the
operations of the project facility;
(27) "Related facility base employment", the greater of the number of
full-time employees located at all related facilities on the date of the
notice of intent or for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at all
related facilities of the qualified company or a related company located in
this state;
(28) "Related facility base payroll", the total amount of taxable wages
paid by the qualified company to full-time employees of the qualified
company located at a related facility in the twelve months prior to the
filing of the notice of intent, not including the payroll of the owners of the
qualified company unless the qualified company is participating in an
employee stock ownership plan. For purposes of calculating the benefits
under this program, the amount of related facility base payroll shall
increase each year based on an appropriate measure, as determined by the
department;
(29) "Rural area", a county in Missouri with a population less than
seventy-five thousand or that does not contain an individual city with a
population greater than fifty thousand according to the most recent federal
decennial census;
(30) "Small and expanding business project", a qualified company that
within two years of the date of the approval creates a minimum of twenty new
jobs if the project facility is located in a rural area or a minimum of forty
new jobs if the project facility is not located in a rural area and creates
fewer than one hundred new jobs regardless of the location of the project
facility;
(31) "Tax credits", tax credits issued by the department to offset the
state income taxes imposed by chapters 143 and 148, or which may be sold or
refunded as provided for in this program;
(32) "Technology business project", a qualified company that within two
years of the date of the approval creates a minimum of ten new jobs involved
in the operations of a company:
(a) Which is a technology company, as determined by a regulation
promulgated by the department under the provisions of section 620.1884 or
classified by NAICS codes;
(b) Which owns or leases a facility which produces electricity derived
from qualified renewable energy sources, or produces fuel for the generation
of electricity from qualified renewable energy sources, but does not include
any company that has received the alcohol mixture credit, alcohol credit, or
small ethanol producer credit pursuant to 26 U.S.C. Section 40 of the tax
code in the previous tax year;
(c) Which researches, develops, or manufactures power system technology
for: aerospace; space; defense; hybrid vehicles; or implantable or wearable
medical devices; or
(d) Which is a clinical molecular diagnostic laboratory focused on
detecting and monitoring infections in immunocompromised patient populations;
(33) "Withholding tax", the state tax imposed by sections 143.191 to
143.265. For purposes of this program, the withholding tax shall be computed
using a schedule as determined by the department based on average wages.
(L. 2005 S.B. 343, A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2008 H.B. 2058
merged with S.B. 718, A.L. 2009 H.B. 191)
Effective 6-04-09
2008
2007
2005
2008
620.1878. For the purposes of sections 620.1875 to 620.1890, the
following terms shall mean:
(1) "Approval", a document submitted by the department to the
qualified company that states the benefits that may be provided by this
program;
(2) "Average wage", the new payroll divided by the number of new
jobs;
(3) "Commencement of operations", the starting date for the qualified
company's first new employee, which must be no later than twelve months
from the date of the approval;
(4) "County average wage", the average wages in each county as
determined by the department for the most recently completed full calendar
year. However, if the computed county average wage is above the statewide
average wage, the statewide average wage shall be deemed the county average
wage for such county for the purpose of determining eligibility. The
department shall publish the county average wage for each county at least
annually. Notwithstanding the provisions of this subdivision to the
contrary, for any qualified company that in conjunction with their project
is relocating employees from a Missouri county with a higher county average
wage, the company shall obtain the endorsement of the governing body of the
community from which jobs are being relocated or the county average wage
for their project shall be the county average wage for the county from
which the employees are being relocated;
(5) "Department", the Missouri department of economic development;
(6) "Director", the director of the department of economic
development;
(7) "Employee", a person employed by a qualified company;
(8) "Full-time employee", an employee of the qualified company that
is scheduled to work an average of at least thirty-five hours per week for
a twelve-month period, and one for which the qualified company offers
health insurance and pays at least fifty percent of such insurance
premiums;
(9) "High-impact project", a qualified company that, within two years
from commencement of operations, creates one hundred or more new jobs;
(10) "Local incentives", the present value of the dollar amount of
direct benefit received by a qualified company for a project facility from
one or more local political subdivisions, but shall not include loans or
other funds provided to the qualified company that must be repaid by the
qualified company to the political subdivision;
(11) "NAICS", the 1997 edition of the North American Industry
Classification System as prepared by the Executive Office of the President,
Office of Management and Budget. Any NAICS sector, subsector, industry
group or industry identified in this section shall include its
corresponding classification in subsequent federal industry classification
systems;
(12) "New direct local revenue", the present value of the dollar
amount of direct net new tax revenues of the local political subdivisions
likely to be produced by the project over a ten-year period as calculated
by the department, excluding local earnings tax, and net new utility
revenues, provided the local incentives include a discount or other direct
incentives from utilities owned or operated by the political subdivision;
(13) "New investment", the purchase or leasing of new tangible assets
to be placed in operation at the project facility, which will be directly
related to the new jobs;
(14) "New job", the number of full-time employees located at the
project facility that exceeds the project facility base employment less any
decrease in the number of full-time employees at related facilities below
the related facility base employment. No job that was created prior to the
date of the notice of intent shall be deemed a new job. An employee that
spends less than fifty percent of the employee's work time at the facility
is still considered to be located at a facility if the employee receives
his or her directions and control from that facility, is on the facility's
payroll, one hundred percent of the employee's income from such employment
is Missouri income, and the employee is paid at or above the state average
wage;
(15) "New payroll", the amount of taxable wages of full-time
employees, excluding owners, located at the project facility that exceeds
the project facility base payroll. If full-time employment at related
facilities is below the related facility base employment, any decrease in
payroll for full-time employees at the related facilities below that
related facility base payroll shall also be subtracted to determine new
payroll;
(16) "Notice of intent", a form developed by the department,
completed by the qualified company and submitted to the department which
states the qualified company's intent to hire new jobs and request benefits
under this program;
(17) "Percent of local incentives", the amount of local incentives
divided by the amount of new direct local revenue;
(18) "Program", the Missouri quality jobs program provided in
sections 620.1875 to 620.1890;
(19) "Project facility", the building used by a qualified company at
which the new jobs and new investment will be located. A project facility
may include separate buildings that are located within one mile of each
other or within the same county such that their purpose and operations are
interrelated;
(20) "Project facility base employment", the greater of the number of
full-time employees located at the project facility on the date of the
notice of intent or for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at the
project facility. In the event the project facility has not been in
operation for a full twelve-month period, the average number of full-time
employees for the number of months the project facility has been in
operation prior to the date of the notice of intent;
(21) "Project facility base payroll", the total amount of taxable
wages paid by the qualified company to full-time employees of the qualified
company located at the project facility in the twelve months prior to the
notice of intent, not including the payroll of the owners of the qualified
company unless the qualified company is participating in an employee stock
ownership plan. For purposes of calculating the benefits under this
program, the amount of base payroll shall increase each year based on an
appropriate measure, as determined by the department;
(22) "Project period", the time period that the benefits are provided
to a qualified company;
(23) "Qualified company", a firm, partnership, joint venture,
association, private or public corporation whether organized for profit or
not, or headquarters of such entity registered to do business in Missouri
that is the owner or operator of a project facility, offers health
insurance to all full-time employees of all facilities located in this
state, and pays at least fifty percent of such insurance premiums. For the
purposes of sections 620.1875 to 620.1890, the term "qualified company"
shall not include:
(a) Gambling establishments (NAICS industry group 7132);
(b) Retail trade establishments (NAICS sectors 44 and 45);
(c) Food and drinking places (NAICS subsector 722);
(d) Public utilities (NAICS 221 including water and sewer services);
(e) Any company that is delinquent in the payment of any nonprotested
taxes or any other amounts due the state or federal government or any other
political subdivision of this state;
(f) Any company that has filed for or has publicly announced its
intention to file for bankruptcy protection;
(g) Educational services (NAICS sector 61);
(h) Religious organizations (NAICS industry group 8131);
(i) Public administration (NAICS sector 92);
(j) Ethanol distillation or production; or
(k) Biodiesel production.
Notwithstanding any provision of this section to the contrary, the
headquarters or administrative offices of an otherwise excluded business
may qualify for benefits if the offices serve a multistate territory. In
the event a national, state, or regional headquarters operation is not the
predominant activity of a project facility, the new jobs and investment of
such headquarters operation is considered eligible for benefits under this
section if the other requirements are satisfied;
(24) "Qualified renewable energy sources" shall not be construed to
include ethanol distillation or production or biodiesel production;
however, it shall include:
(a) Open-looped biomass;
(b) Close-looped biomass;
(c) Solar;
(d) Wind;
(e) Geothermal; and
(f) Hydropower;
(25) "Related company" means:
(a) A corporation, partnership, trust, or association controlled by
the qualified company;
(b) An individual, corporation, partnership, trust, or association in
control of the qualified company; or
(c) Corporations, partnerships, trusts or associations controlled by
an individual, corporation, partnership, trust or association in control of
the qualified company. As used in this subdivision, "control of a
corporation" shall mean ownership, directly or indirectly, of stock
possessing at least fifty percent of the total combined voting power of all
classes of stock entitled to vote, "control of a partnership or
association" shall mean ownership of at least fifty percent of the capital
or profits interest in such partnership or association, "control of a
trust" shall mean ownership, directly or indirectly, of at least fifty
percent of the beneficial interest in the principal or income of such
trust, and ownership shall be determined as provided in Section 318 of the
Internal Revenue Code of 1986, as amended;
(26) "Related facility", a facility operated by the qualified company
or a related company located in this state that is directly related to the
operations of the project facility;
(27) "Related facility base employment", the greater of the number of
full-time employees located at all related facilities on the date of the
notice of intent or for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at all
related facilities of the qualified company or a related company located in
this state;
(28) "Related facility base payroll", the total amount of taxable
wages paid by the qualified company to full-time employees of the qualified
company located at a related facility in the twelve months prior to the
filing of the notice of intent, not including the payroll of the owners of
the qualified company unless the qualified company is participating in an
employee stock ownership plan. For purposes of calculating the benefits
under this program, the amount of related facility base payroll shall
increase each year based on an appropriate measure, as determined by the
department;
(29) "Rural area", a county in Missouri with a population less than
seventy-five thousand or that does not contain an individual city with a
population greater than fifty thousand according to the most recent federal
decennial census;
(30) "Small and expanding business project", a qualified company that
within two years of the date of the approval creates a minimum of twenty
new jobs if the project facility is located in a rural area or a minimum of
forty new jobs if the project facility is not located in a rural area and
creates fewer than one hundred new jobs regardless of the location of the
project facility;
(31) "Tax credits", tax credits issued by the department to offset
the state income taxes imposed by chapters 143 and 148, RSMo, or which may
be sold or refunded as provided for in this program;
(32) "Technology business project", a qualified company that within
two years of the date of the approval creates a minimum of ten new jobs
involved in the operations of a company:
(a) Which is a technology company, as determined by a regulation
promulgated by the department under the provisions of section 620.1884 or
classified by NAICS codes;
(b) Which owns or leases a facility which produces electricity
derived from qualified renewable energy sources, or produces fuel for the
generation of electricity from qualified renewable energy sources, but does
not include any company that has received the alcohol mixture credit,
alcohol credit, or small ethanol producer credit pursuant to 26 U.S.C.
Section 40 of the tax code in the previous tax year; or
(c) Which researches, develops, or manufactures power system
technology for: aerospace; space; defense; hybrid vehicles; or implantable
or wearable medical devices;
(33) "Withholding tax", the state tax imposed by sections 143.191 to
143.265, RSMo. For purposes of this program, the withholding tax shall be
computed using a schedule as determined by the department based on average
wages.
2007
620.1878. For the purposes of sections 620.1875 to 620.1890, the
following terms shall mean:
(1) "Approval", a document submitted by the department to the
qualified company that states the benefits that may be provided by this
program;
(2) "Average wage", the new payroll divided by the number of new
jobs;
(3) "Commencement of operations", the starting date for the qualified
company's first new employee, which must be no later than twelve months
from the date of the approval;
(4) "County average wage", the average wages in each county as
determined by the department for the most recently completed full calendar
year. However, if the computed county average wage is above the statewide
average wage, the statewide average wage shall be deemed the county average
wage for such county for the purpose of determining eligibility. The
department shall publish the county average wage for each county at least
annually. Notwithstanding the provisions of this subdivision to the
contrary, for any qualified company that in conjunction with their project
is relocating employees from a Missouri county with a higher county average
wage, the company shall obtain the endorsement of the governing body of the
community from which jobs are being relocated or the county average wage
for their project shall be the county average wage for the county from
which the employees are being relocated;
(5) "Department", the Missouri department of economic development;
(6) "Director", the director of the department of economic
development;
(7) "Employee", a person employed by a qualified company;
(8) "Full-time employee", an employee of the qualified company that
is scheduled to work an average of at least thirty-five hours per week for
a twelve-month period, and one for which the qualified company offers
health insurance and pays at least fifty percent of such insurance
premiums;
(9) "High-impact project", a qualified company that, within two years
from commencement of operations, creates one hundred or more new jobs;
(10) "Local incentives", the present value of the dollar amount of
direct benefit received by a qualified company for a project facility from
one or more local political subdivisions, but shall not include loans or
other funds provided to the qualified company that must be repaid by the
qualified company to the political subdivision;
(11) "NAICS", the 1997 edition of the North American Industry
Classification System as prepared by the Executive Office of the President,
Office of Management and Budget. Any NAICS sector, subsector, industry
group or industry identified in this section shall include its
corresponding classification in subsequent federal industry classification
systems;
(12) "New direct local revenue", the present value of the dollar
amount of direct net new tax revenues of the local political subdivisions
likely to be produced by the project over a ten-year period as calculated
by the department, excluding local earnings tax, and net new utility
revenues, provided the local incentives include a discount or other direct
incentives from utilities owned or operated by the political subdivision;
(13) "New investment", the purchase or leasing of new tangible assets
to be placed in operation at the project facility, which will be directly
related to the new jobs;
(14) "New job", the number of full-time employees located at the
project facility that exceeds the project facility base employment less any
decrease in the number of full-time employees at related facilities below
the related facility base employment. No job that was created prior to the
date of the notice of intent shall be deemed a new job. An employee that
spends less than fifty percent of the employee's work time at the facility
is still considered to be located at a facility if the employee receives
his or her directions and control from that facility, is on the facility's
payroll, one hundred percent of the employee's income from such employment
is Missouri income, and the employee is paid at or above the state average
wage;
(15) "New payroll", the amount of taxable wages of full-time
employees, excluding owners, located at the project facility that exceeds
the project facility base payroll. If full-time employment at related
facilities is below the related facility base employment, any decrease in
payroll for full-time employees at the related facilities below that
related facility base payroll shall also be subtracted to determine new
payroll;
(16) "Notice of intent", a form developed by the department,
completed by the qualified company and submitted to the department which
states the qualified company's intent to hire new jobs and request benefits
under this program;
(17) "Percent of local incentives", the amount of local incentives
divided by the amount of new direct local revenue;
(18) "Program", the Missouri quality jobs program provided in
sections 620.1875 to 620.1890;
(19) "Project facility", the building used by a qualified company at
which the new jobs and new investment will be located. A project facility
may include separate buildings that are located within one mile of each
other such that their purpose and operations are interrelated;
(20) "Project facility base employment", the greater of the number of
full-time employees located at the project facility on the date of the
notice of intent or for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at the
project facility. In the event the project facility has not been in
operation for a full twelve-month period, the average number of full-time
employees for the number of months the project facility has been in
operation prior to the date of the notice of intent;
(21) "Project facility base payroll", the total amount of taxable
wages paid by the qualified company to full-time employees of the qualified
company located at the project facility in the twelve months prior to the
notice of intent, not including the payroll of the owners of the qualified
company unless the qualified company is participating in an employee stock
ownership plan. For purposes of calculating the benefits under this
program, the amount of base payroll shall increase each year based on an
appropriate measure, as determined by the department;
(22) "Project period", the time period that the benefits are provided
to a qualified company;
(23) "Qualified company", a firm, partnership, joint venture,
association, private or public corporation whether organized for profit or
not, or headquarters of such entity registered to do business in Missouri
that is the owner or operator of a project facility, offers health
insurance to all full-time employees of all facilities located in this
state, and pays at least fifty percent of such insurance premiums. For the
purposes of sections 620.1875 to 620.1890, the term "qualified company"
shall not include:
(a) Gambling establishments (NAICS industry group 7132);
(b) Retail trade establishments (NAICS sectors 44 and 45);
(c) Food and drinking places (NAICS subsector 722);
(d) Public utilities (NAICS 221 including water and sewer services);
(e) Any company that is delinquent in the payment of any nonprotested
taxes or any other amounts due the state or federal government or any other
political subdivision of this state;
(f) Any company that has filed for or has publicly announced its
intention to file for bankruptcy protection;
(g) Educational services (NAICS sector 61);
(h) Religious organizations (NAICS industry group 8131); or
(i) Public administration (NAICS sector 92).
Notwithstanding any provision of this section to the contrary, the
headquarters or administrative offices of an otherwise excluded business
may qualify for benefits if the offices serve a multistate territory. In
the event a national, state, or regional headquarters operation is not the
predominant activity of a project facility, the new jobs and investment of
such headquarters operation is considered eligible for benefits under this
section if the other requirements are satisfied;
(24) "Related company" means:
(a) A corporation, partnership, trust, or association controlled by
the qualified company;
(b) An individual, corporation, partnership, trust, or association in
control of the qualified company; or
(c) Corporations, partnerships, trusts or associations controlled by
an individual, corporation, partnership, trust or association in control of
the qualified company. As used in this subdivision, control of a
corporation shall mean ownership, directly or indirectly, of stock
possessing at least fifty percent of the total combined voting power of all
classes of stock entitled to vote, control of a partnership or association
shall mean ownership of at least fifty percent of the capital or profits
interest in such partnership or association, control of a trust shall mean
ownership, directly or indirectly, of at least fifty percent of the
beneficial interest in the principal or income of such trust, and ownership
shall be determined as provided in Section 318 of the Internal Revenue Code
of 1986, as amended;
(25) "Related facility", a facility operated by the qualified company
or a related company located in this state that is directly related to the
operations of the project facility;
(26) "Related facility base employment", the greater of the number of
full-time employees located at all related facilities on the date of the
notice of intent or for the twelve-month period prior to the date of the
notice of intent, the average number of full-time employees located at all
related facilities of the qualified company or a related company located in
this state;
(27) "Related facility base payroll", the total amount of taxable
wages paid by the qualified company to full-time employees of the qualified
company located at a related facility in the twelve months prior to the
filing of the notice of intent, not including the payroll of the owners of
the qualified company unless the qualified company is participating in an
employee stock ownership plan. For purposes of calculating the benefits
under this program, the amount of related facility base payroll shall
increase each year based on an appropriate measure, as determined by the
department;
(28) "Rural area", a county in Missouri with a population less than
seventy-five thousand or that does not contain an individual city with a
population greater than fifty thousand according to the most recent federal
decennial census;
(29) "Small and expanding business project", a qualified company that
within two years of the date of the approval creates a minimum of twenty
new jobs if the project facility is located in a rural area or a minimum of
forty new jobs if the project facility is not located in a rural area and
creates fewer than one hundred new jobs regardless of the location of the
project facility;
(30) "Tax credits", tax credits issued by the department to offset
the state income taxes imposed by chapters 143 and 148, RSMo, or which may
be sold or refunded as provided for in this program;
(31) "Technology business project", a qualified company that within
two years of the date of the approval creates a minimum of ten new jobs
involved in the operations of a technology company as determined by a
regulation promulgated by the department under the provisions of section
620.1884 or classified by NAICS codes; or which researches, develops, or
manufactures power system technology for: aerospace; space; defense;
hybrid vehicles; or implantable or wearable medical devices;
(32) "Withholding tax", the state tax imposed by sections 143.191 to
143.265, RSMo. For purposes of this program, the withholding tax shall be
computed using a schedule as determined by the department based on average
wages.
2005
620.1878. For the purposes of sections 620.1875 to 620.1890, the
following terms shall mean:
(1) "Average wage", the new payroll divided by the number of new
jobs;
(2) "Commencement of operations", the starting date for the qualified
company's first new employee, which must be no later than twelve months
from the date of the proposal;
(3) "County average wage", the average wages in each county as
determined by the department for the most recently completed full calendar
year. However, if the computed county average wage is above the statewide
average wage, the statewide average wage shall be deemed the county average
wage for such county. The department shall publish the county average wage
for each county at least annually;
(4) "Department", the Missouri department of economic development;
(5) "Director", the director of the department of economic
development;
(6) "Employee", a person employed by a qualified company;
(7) "Full-time equivalent employees", employees of the qualified
company converted to reflect an equivalent of the number of full-time,
year-round employees. The method for converting part-time and seasonal
employees into an equivalent number of full-time, year-round employees
shall be published in a rule promulgated by the department as authorized in
section 620.1884;
(8) "Full-time, year-round employee", an employee of the company that
works an average of at least thirty-five hours per week for a twelve-month
period, and one for which the qualified company offers health insurance and
pays at least fifty percent of such insurance premiums;
(9) "High-impact project", a qualified company that, within two years
from commencement of operations, creates one hundred or more new jobs;
(10) "Local incentives", the present value of the dollar amount of
direct benefit received by a qualified company for a project facility from
one or more local political subdivisions, but shall not include loans or
other funds provided to the qualified company that must be repaid by the
qualified company to the political subdivision;
(11) "NAICS", the 1997 edition of the North American Industry
Classification System as prepared by the Executive Office of the President,
Office of Management and Budget. Any NAICS sector, subsector, industry
group or industry identified in this section shall include its
corresponding classification in subsequent federal industry classification
systems;
(12) "New direct local revenue", the present value of the dollar
amount of direct net new tax revenues of the local political subdivisions
likely to be produced by the project over a ten-year period as calculated
by the department and net new utility revenues, provided the local
incentives include a discount or other direct incentives from utilities
owned or operated by the political subdivision;
(13) "New investment", the purchase or leasing of new tangible assets
to be placed in operation at the project facility, which will be directly
related to the new jobs;
(14) "New job", the number of full-time, year-round employees located
at the project facility that exceeds the project facility base employment
less any decrease in the number of full-time equivalent employees at
related facilities below the related facility base employment;
(15) "New payroll", the amount of wages paid by a qualified company
to employees in new jobs;
(16) "Notice of intent", a form developed by the department,
completed by the qualified company and submitted to the department which
states the qualified company's intent to hire new jobs and request benefits
under this program;
(17) "Percent of local incentives", the amount of local incentives
divided by the amount of new direct local revenue;
(18) "Program", the Missouri quality jobs program provided in
sections 620.1875 to 620.1890;
(19) "Project facility", the building used by a qualified company at
which the new jobs and new investment will be located. A project facility
may include separate buildings that are located within one mile of each
other such that their purpose and operations are interrelated;
(20) "Project facility base employment", for the twelve-month period
prior to the date of the proposal, the average number of full-time
equivalent employees located at the project facility. In the event the
project facility has not been in operation for a full twelve-month period,
project facility base employment is the average number of full-time
equivalent employees for the number of months the project facility has been
in operation prior to the date of the proposal;
(21) "Project period", the time period that the benefits are provided
to a qualified company;
(22) "Proposal", a document submitted by the department to the
qualified company that states the benefits that may be provided by this
program. The effective date of such proposal cannot be prior to the
commencement of operations. The proposal shall not offer benefits
regarding any jobs created prior to its effective date unless the proposal
is for a job retention project;
(23) "Qualified company", a firm, partnership, joint venture,
association, private or public corporation whether organized for profit or
not, or headquarters of such entity registered to do business in Missouri
that is the owner or operator of a project facility. For the purposes of
sections 620.1875 to 620.1890, the term "qualified company" shall not
include:
(a) Gambling establishments (NAICS industry group 7132);
(b) Retail trade establishments (NAICS sectors 44 and 45);
(c) Food and drinking places (NAICS subsector 722);
(d) Utilities regulated by the Missouri public service commission;
(e) Any company that is delinquent in the payment of any nonprotested
taxes or any other amounts due the state or federal government or any other
political subdivision of this state; or
(f) Any company that has filed for or has publicly announced its
intention to file for bankruptcy protection;
(24) "Related company" means:
(a) A corporation, partnership, trust, or association controlled by
the qualified company;
(b) An individual, corporation, partnership, trust, or association in
control of the qualified company; or
(c) Corporations, partnerships, trusts or associations controlled by
an individual, corporation, partnership, trust or association in control of
the qualified company. As used in this subdivision, "control of a
corporation" shall mean ownership, directly or indirectly, of stock
possessing at least fifty percent of the total combined voting power of all
classes of stock entitled to vote, "control of a partnership or
association" shall mean ownership of at least fifty percent of the capital
or profits interest in such partnership or association, "control of a
trust" shall mean ownership, directly or indirectly, of at least fifty
percent of the beneficial interest in the principal or income of such
trust, and ownership shall be determined as provided in Section 318 of the
Internal Revenue Code of 1986, as amended;
(25) "Related facility", a facility operated by the qualified company
or a related company located in this state that is directly related to the
operations of the project facility;
(26) "Related facility base employment", for the twelve-month period
prior to the date of the proposal, the average number of full-time
equivalent employees located at all related facilities of the qualified
company or a related company located in this state;
(27) "Rural area", a county in Missouri with a population less than
seventy-five thousand or that does not contain an individual city with a
population greater than fifty thousand according to the most recent federal
decennial census;
(28) "Small and expanding business project", a qualified company that
within two years of the date of the proposal creates a minimum of twenty
new jobs if the project facility is located in a rural area or a minimum of
forty new jobs if the project facility is not located in a rural area and
creates fewer than one hundred new jobs regardless of the location of the
project facility;
(29) "Tax credits", tax credits issued by the department to offset
the state income taxes imposed by chapter 143, RSMo, or which may be sold
or refunded as provided for in this program;
(30) "Technology business project", a qualified company that within
two years of the date of the proposal creates a minimum of ten new jobs
with at least seventy-five percent of the new jobs directly involved in the
operations of a technology company as determined by a regulation
promulgated by the department under the provisions of section 620.1884 and
classified by NAICS codes;
(31) "Withholding tax", the state tax imposed by sections 143.191 to
143.265, RSMo.
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