SCS/SB 868 - This act modifies provisions relating to tax credits.MISSOURI DEVELOPMENT FINANCE BOARD
Current law provides that the Missouri Development Finance Board shall be composed of twelve members. This act adds four additional members to the Board. Two members shall be members of the Senate, one of which shall be from the majority party appointed by the President Pro Tempore and one of which shall be from the minority party appointed by the minority leader. The remaining two members shall be members of the House of Representatives, one of which shall be from the majority party appointed by the Speaker of the House and one of which shall be from the minority party appointed by the minority leader. (Section 100.265)
This act is identical to SB 865 (2022) and to a provision in SCS/SB 864 (2022) and SCS/SB 466 (2021), and is substantially similar to SB 469 (2021).
TAX CREDIT ACCOUNTABILITY ACT
This act modifies the definition of "domestic and social tax credits" by removing the health care access fund tax credit, which has expired, and by adding the previously authorized health, hunger, and hygiene tax credit.
This act also modifies the definition of "recipient" to provide that such term does not include the transferee of a tax credit. (Section 135.800)
This act requires an applicant for a tax credit, as a part of the application process, to sign a statement affirming that the applicant is aware of the reporting requirements and penalty provisions of the Tax Credit Accountability Act. (Section 135.802)
Current law requires the recipients of tax credits to file annual reports that includes either the estimated or actual project costs. This act requires such reports to include both the estimated and actual project costs.
Additionally, current law requires the administering agency of a tax credit to make available the names of each tax credit recipient. This act allows such information to be made available either on the Department of Economic Development's website or through the Missouri Accountability Portal.
This act modifies a provision providing that a person or entity shall not be required to submit an annual report until at least one year after the credit issuance date by making such time period one month. (Section 135.805)
Current law provides for penalties for a failure to submit required annual reports, with a penalty of 2% of the value of the tax credits for each month of delinquency of more than six months but less than one year, and a penalty of 10% of the value of the credits for each month of delinquency of more than one year. This act modifies such penalties. Failure to file the first annual report for more than three months shall result in a penalty of 1% of the value of the credits, not to exceed 10%. Failure to file the second or third annual report for more than three months shall result in a penalty of 1.5% of the value of the credits, not to exceed 20% per report.
Current law provides for a penalty equal to 100% of the value of the credits for fraud in the tax credit application process. This act increases such penalty to 200% for fraud in the application or reporting process. This act also provides that the Administrative Hearing Commission shall determine whether fraud has occurred. The Department of Revenue, the Department of Economic Development, or the administering agency may file a fraud complaint to the Administrative Hearing Commission, as described in the act.
Current law requires an administering agency to send a notice of delinquency ninety days after the annual report is due. This act changes such requirement to thirty days. This act also allows the Department of Revenue to enter into agreements to compromise or abate some or all of any penalties administered under the act. (Section 135.810)
Current law requires tax credit applicants to forfeit and repay tax credits if such applicant purposely and directly employs unauthorized aliens. This act changes such standard to an applicant knowingly employing unauthorized aliens. (Section 135.815)
These provisions are identical to provisions in HCS/SS/SCS/SB 931 (2022), HCS/SS#2/SCS/SB 968 (2022), and SS/HB 2400 (2022).
HEALTH INSURANCE DEDUCTION TAX CREDIT
Current law authorizes a refundable tax credit for self-employed taxpayers who are ineligible for the federal health insurance deduction. This act modifies such tax credit by making it nonrefundable, nontransferable, and not eligible to be carried forward or backward to any other tax year. This act also requires a taxpayer to have a Missouri income tax liability of less than $3,000. A taxpayer shall not be able to claim such tax credit and the state health insurance deduction in current law for the same tax year.
This tax credit shall sunset on December 31, 2028, unless reauthorized by the General Assembly. (Section 143.119)
This provision is identical to a provision in HCS/SS/SCS/SB 931 (2022), HCS/SS#2/SCS/SB 968 (2022), and SS/HB 2400 (2022).
MISSOURI HOUSING DEVELOPMENT COMMISSION
Current law provides that the Missouri Housing Development Commission shall be composed of ten members. This act adds four additional members to the Commission. Two members shall be members of the Senate, one of which shall be from the majority party appointed by the President Pro Tempore and one of which shall be from the minority party appointed by the minority leader. The remaining two members shall be members of the House of Representatives, one of which shall be from the majority party appointed by the Speaker of the House and one of which shall be from the minority party appointed by the minority leader. (Section 215.020)
This provision is identical to a provision in SCS/SB 864 (2022), HCS/SS/SCS/SB 931 (2022), and SCS/SB 466 (2021).
JOSH NORBERG