Bill Text: MO HB2279 | 2010 | Regular Session | Introduced
Bill Title: Authorizes a tax credit against employer contributions to be known as Missouri Works Tax Credit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Job Creation and Economic Development (H) [HB2279 Detail]
Download: Missouri-2010-HB2279-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BRANDOM (Sponsor), DENISON, ZERR, POLLOCK, DIEHL AND FLOOK ((Co-sponsors).
5112L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 288, RSMo, by adding thereto one new section relating to tax credits against employer contributions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 288, RSMo, is amended by adding thereto one new section, to be known as section 288.105, to read as follows:
288.105. 1. The commission shall make an expedited request within fifteen days of August 28, 2010, for a determination by the United States Secretary of Labor that implementation of subsection 3 of this section is in conformity with federal law. If the United States Secretary of Labor determines subsection 3 of this section is not in conformity with federal law, subsection 3 of this section shall not become effective. Upon such determination, the commission shall take all necessary steps to obtain a waiver of conformity with federal law from the United States Secretary of Labor. If such waiver is granted, subsection 3 of this section shall become effective immediately upon the granting of the waiver. If the United States Secretary of Labor determines subsection 3 of this section is in conformity with federal law, subsection 3 of this section shall become effective upon such determination. The commission shall notify the revisor of statutes that the United States Secretary of Labor has determined subsection 3 of this section is in conformity with federal law.
2. In the event subsection 3 of this section becomes effective, it shall not be implemented unless the commission determines that the employer contribution and reimbursement liability shall not increase as a result of such implementation.
3. If this subsection becomes effective, for calendar quarters beginning January 1, 2011, there shall be a credit to be known as the "Missouri Works Tax Credit". The amount of the credit shall not be less than twenty-five dollars and not more than one hundred twenty-five dollars per individual employee per calendar quarter, as described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the commission based on the commission's evaluation of conditions in the Missouri labor market, the state of the economy, and the unemployment rate. The credit may be claimed by an employee for up to four calendar quarters for each individual hired by that employer for services to be performed in this state under the following conditions:
(1) Such individual:
(a) Has filed a claim for unemployment compensation in this state and is currently receiving weekly unemployment compensation benefits on that claim under this chapter and such benefits are chargeable to the experience rating account of an employer under section 288.100;
(b) Has been profiled by the commission as likely to exhaust benefits;
(c) Has no return-to-work date or promise of future employment; and
(d) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual;
(2) The credit for such hired individual per calendar quarter may be claimed on the employer's quarterly contribution and wage reports as a reduction from amounts otherwise due in each four calendar quarters immediately following the hire date of the individual; provided, however, that the credit shall not be claimed for any individual who has been hired more than once by the employer claiming the credit or for more than four calendar quarters for that one hiring;
(3) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least thirty hours per week during each week of that calendar quarter;
(4) The credit shall be timely claimed for the calendar quarter to which the credit is applicable and in no event later than the last day of the reporting month following the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit shall not reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of the calendar year shall not be carried forward to another calendar year and shall be deemed to have expired; and
(5) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed for that calendar year shall be cancelled and become delinquent as of the date originally due and subject to all the provisions of this chapter as if no credit had ever been available or claimed.
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