Bill Text: MO HB2381 | 2010 | Regular Session | Introduced


Bill Title: Authorizes an income tax deduction for a bank or lending institution for the amount of income tax due on any taxable interest received from a loan to an individual or entity located in an enterprise zone

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-21 - Referred: Rules - Pursuant to Rule 25(32)(f) (H) [HB2381 Detail]

Download: Missouri-2010-HB2381-Introduced.html

SECOND REGULAR SESSION

HOUSE BILL NO. 2381

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVE CUNNINGHAM.

5424L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 143, RSMo, by adding thereto one new section relating to an income tax deduction for interest earned on certain loans.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 143, RSMo, is amended by adding thereto one new section, to be known as section 143.475, to read as follows:

            143.475. 1. As used in this section, the following terms mean:

            (1) "Bank or lending institution", any bank or other similar institution that makes loans to any individual or entity located within an enterprise zone as defined in chapter 135;

            (2) "Deduction", an amount subtracted from the taxpayer's Missouri adjusted gross income to determine Missouri taxable income for the tax year in which such deduction is claimed;

            (3) "Taxpayer", any bank or lending institution subject to the income tax imposed in this chapter.

            2. In addition to all deductions listed in this chapter, for all taxable years beginning on or after January 1, 2010, a taxpayer shall be allowed a deduction for the amount of any income tax due on any interest realized from any loan made to an individual or entity located within an enterprise zone as defined in chapter 135, to the extent that such interest is subject to income tax under this chapter. The deduction amount shall be equal to the full amount of the interest realized on such loans, to the extent that such interest is subject to income tax under this chapter.

            3. The department of revenue shall establish the procedure by which the deduction provided in this section may be claimed, and may 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 under 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, 2010, shall be invalid and void.

            4. Under section 23.253 of the Missouri sunset act:

            (1) The provisions of the new program authorized under this section shall automatically sunset on December thirty-first six years after the effective date of this section 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 on December thirty-first 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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