Bill Amendment: MS SB3124 | 2026 | Regular Session
Bill Title: Pregnancy Resource Act; revise tax credits authorized for contributions to certain charitable organizations.
Status: 2026-04-08 - Approved by Governor [SB3124 Detail]
Download: Mississippi-2026-SB3124-House_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 3124
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 27-7-22.43, Mississippi Code of 1972, is amended as follows:
27-7-22.43. (1) This section shall be known and may be cited as the "Pregnancy Resource Act."
(2) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Department" means the Department of Revenue.
(b) "Eligible charitable organization" means an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and is a pregnancy resource center or crisis pregnancy center. To be considered an "eligible charitable organization" a pregnancy resource center or crisis pregnancy center must meet the following criteria:
(i) Certify that no more than twenty percent (20%) of the contributions received under this section will be spent on administrative purposes;
(ii) File
annually with the Secretary of State the organization's publicly available
Internal Revenue Service filings * * *;
(iii) Maintain in this state a physical office, clinic, or maternity home and regularly answer a dedicated phone line;
(iv) Exclusively offer services or direct financial assistance, with the express purposes of providing assistance to carry a pregnancy to term or to encourage parenting, marriage, or adoption as an alternative to abortion;
(v) Utilize trained and licensed medical professionals to perform any available medical procedures; and
(vi) Not make referrals or facilitate in any way any abortion as defined by Section 41-41-45(1) or refer for or facilitate use of any abortion inducing drug as defined by Section 41-41-105.
(3) (a) For calendar years through 2025, the tax credit authorized in this section shall be available only to a taxpayer who is a business enterprise engaged in commercial, industrial or professional activities and operating as a corporation, limited liability company, partnership or sole proprietorship; thereafter, the tax credit authorized in this section shall also be available to taxpayers that are not business enterprises. Except as otherwise provided in this section, a credit is allowed against the taxes imposed by Sections 27-7-5, 27-15-103, 27-15-109 and 27-15-123, for voluntary cash contributions made by a taxpayer during the taxable year to an eligible charitable organization. For calendar year 2022, for a taxpayer that is not operating as a corporation, a credit is also allowed against ad valorem taxes assessed and levied on real property for voluntary cash contributions made by the taxpayer during the taxable year to an eligible charitable organization. From and after January 1, 2023, a credit is also allowed against ad valorem taxes assessed and levied on real property for voluntary cash contributions made by a taxpayer during the taxable year to an eligible charitable organization. The amount of credit that may be utilized by a taxpayer in a taxable year shall be limited to (i) an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for the taxes imposed by such sections of law and (ii) an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for ad valorem taxes assessed and levied on real property. Any tax credit claimed under this section but not used in any taxable year may be carried forward for five (5) consecutive years from the close of the tax year in which the credits were earned.
(b) A contribution for which a credit is claimed under this section may not be used as a deduction by the taxpayer for state income tax purposes.
(4) Taxpayers taking a credit authorized by this section shall provide the name of the eligible charitable organization and the amount of the contribution to the department on forms provided by the department.
(5) An eligible charitable organization shall provide the department with a written certification that it meets all criteria to be considered an eligible charitable organization. The organization shall also notify the department of any changes that may affect eligibility under this section.
(6) The eligible charitable organization's written certification must be signed by an officer of the organization under penalty of perjury. The written certification shall include the following:
(a) Verification of the organization's status under Section 501(c)(3) of the Internal Revenue Code;
(b) A statement that
the organization does not provide, pay for, prescribe, distribute, refer
for, promote or provide coverage of * * * any abortion as defined by
Section 41-41-45(1) or any abortion-inducing drug as defined by Section 41-41-105,
and does not financially support or affiliate with any other entity that
provides, pays for, prescribes, distributes, refers for, promotes or
provides coverage of * * * any abortion;
(c) A statement that the organization:
(i) In the prior fiscal year, did not receive more than fifty percent (50%) of its total annual revenue from a federal, state, or local governmental agency, either directly or as a contractor of such an agency; and
(ii) In the prior fiscal year, expended seventy percent (70%) of any contributions received under this section to serve clients who are full-time or part-time residents of this state; and
( * * *d) Any other information that the
department requires to administer this section.
(7) The department shall review each written certification and determine whether the organization meets all the criteria to be considered an eligible charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile and make available to the public a list of eligible charitable organizations.
(8) Tax credits authorized by this section that are earned by a partnership, limited liability company, S corporation or other similar pass-through entity, shall be allocated among all partners, members or shareholders, respectively, either in proportion to their ownership interest in such entity or as the partners, members or shareholders mutually agree as provided in an executed document.
(9) (a) A taxpayer shall apply for credits with the department on forms prescribed by the department. In the application the taxpayer shall certify to the department the dollar amount of the contributions made or to be made during the calendar year. Within thirty (30) days after the receipt of an application, the department shall allocate credits based on the dollar amount of contributions as certified in the application. However, if the department cannot allocate the full amount of credits certified in the application due to the limit on the aggregate amount of credits that may be awarded under this section in a calendar year, the department shall so notify the applicant within thirty (30) days with the amount of credits, if any, that may be allocated to the applicant in the calendar year. Once the department has allocated credits to a taxpayer, if the contribution for which a credit is allocated has not been made as of the date of the allocation, then the contribution must be made not later than sixty (60) days from the date of the allocation. If the contribution is not made within such time period, the allocation shall be cancelled and returned to the department for reallocation. Upon final documentation of the contributions, if the actual dollar amount of the contributions is lower than the amount estimated, the department shall adjust the tax credit allowed under this section.
(b) For the purposes of using a tax credit against ad valorem taxes assessed and levied on real property, a taxpayer shall present to the appropriate tax collector the tax credit documentation provided to the taxpayer by the Department of Revenue, and the tax collector shall apply the tax credit against such ad valorem taxes. The tax collector shall forward the tax credit documentation to the Department of Revenue along with the amount of the tax credit applied against ad valorem taxes, and the department shall disburse funds to the tax collector for the amount of the tax credit applied against ad valorem taxes. Such payments by the Department of Revenue shall be made from current tax collections.
(10) The aggregate amount of tax credits that may be allocated by the department under this section during a calendar year shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00). However, for calendar year 2023, and for each calendar year thereafter, the aggregate amount of tax credits that may be allocated by the department under this section during a calendar year shall not exceed Ten Million Dollars ($10,000,000.00). For credits allocated during a calendar year for contributions to eligible charitable organizations, no more than twenty-five percent (25%) of such credits may be allocated for contributions to a single eligible charitable organization; however, credits not allocated before June 1, may be allocated without regard to such restriction for the same calendar year.
SECTION 2. Section 27-7-22.41, Mississippi Code of 1972, is amended as follows:
27-7-22.41. (1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Department" means the Department of Revenue.
(b) "Eligible charitable organization" means an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and is:
(i) Licensed by or under contract with the Mississippi Department of Child Protection Services and provides services for:
1. The prevention and diversion of children from custody with the Department of Child Protection Services,
2. The safety, care and well-being of children in custody with the Department of Child Protection Services, or
3. The express purpose of creating permanency for children through adoption; or
(ii) Certified by the department as an educational services charitable organization that is accredited by a regional accrediting organization and provides services to:
1. Children in a foster care placement program established by the Department of Child Protection Services, children placed under the Safe Families for Children model, or children at significant risk of entering a foster care placement program established by the Department of Child Protection Services,
2. Children who have a chronic illness or physical, intellectual, developmental or emotional disability, or
3. Children eligible for free or reduced price meals programs under Section 37-11-7, or selected for participation in the Promise Neighborhoods Program sponsored by the U.S. Department of Education.
(2) (a) The tax credit authorized in this section shall be available only to a taxpayer who is a business enterprise engaged in commercial, industrial or professional activities and operating as a corporation, limited liability company, partnership or sole proprietorship. Except as otherwise provided in this section, a credit is allowed against the taxes imposed by Sections 27-7-5, 27-15-103, 27-15-109 and 27-15-123, for voluntary cash contributions made by a taxpayer during the taxable year to an eligible charitable organization. From and after January 1, 2022, through calendar year 2025, for a taxpayer that is not operating as a corporation, a credit is also allowed against ad valorem taxes assessed and levied on real property for voluntary cash contributions made by the taxpayer during the taxable year to an eligible charitable organization. From and after January 1, 2026, a credit is also allowed against ad valorem taxes assessed and levied on real property for voluntary cash contributions made by a taxpayer during the taxable year to an eligible charitable organization. The amount of credit that may be utilized by a taxpayer in a taxable year shall be limited to (i) an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for the taxes imposed by such sections of law and (ii) an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for ad valorem taxes assessed and levied on real property. Any tax credit claimed under this section but not used in any taxable year may be carried forward for five (5) consecutive years from the close of the tax year in which the credits were earned.
(b) A contribution to an eligible charitable organization for which a credit is claimed under this section does not qualify for and shall not be included in any credit that may be claimed under Section 27-7-22.39.
(c) A contribution for which a credit is claimed under this section may not be used as a deduction by the taxpayer for state income tax purposes.
(3) Taxpayers taking a credit authorized by this section shall provide the name of the eligible charitable organization and the amount of the contribution to the department on forms provided by the department.
(4) An eligible charitable organization shall provide the department with a written certification that it meets all criteria to be considered an eligible charitable organization. An eligible charitable organization must also provide the department with written documented proof of its license and/or written contract with the Mississippi Department of Child Protection Services. The organization shall also notify the department of any changes that may affect eligibility under this section.
(5) The eligible charitable organization's written certification must be signed by an officer of the organization under penalty of perjury. The written certification shall include the following:
(a) Verification of the organization's status under Section 501(c)(3) of the Internal Revenue Code;
(b) A statement that the organization does not provide, pay for or provide coverage of abortions and does not financially support any other entity that provides, pays for or provides coverage of abortions;
(c) A statement that the funds generated from the tax credit shall be used for educational resources, staff and expenditures and/or other purposes described in this section.
(d) Any other information that the department requires to administer this section.
(6) The department shall review each written certification and determine whether the organization meets all the criteria to be considered an eligible charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile and make available to the public a list of eligible charitable organizations.
(7) Tax credits authorized by this section that are earned by a partnership, limited liability company, S corporation or other similar pass-through entity, shall be allocated among all partners, members or shareholders, respectively, either in proportion to their ownership interest in such entity or as the partners, members or shareholders mutually agree as provided in an executed document.
(8) (a) A taxpayer shall apply for credits with the department on forms prescribed by the department. In the application the taxpayer shall certify to the department the dollar amount of the contributions made or to be made during the calendar year. Within thirty (30) days after the receipt of an application, the department shall allocate credits based on the dollar amount of contributions as certified in the application. However, if the department cannot allocate the full amount of credits certified in the application due to the limit on the aggregate amount of credits that may be awarded under this section in a calendar year, the department shall so notify the applicant within thirty (30) days with the amount of credits, if any, that may be allocated to the applicant in the calendar year. Once the department has allocated credits to a taxpayer, if the contribution for which a credit is allocated has not been made as of the date of the allocation, then the contribution must be made not later than sixty (60) days from the date of the allocation. If the contribution is not made within such time period, the allocation shall be cancelled and returned to the department for reallocation. Upon final documentation of the contributions, if the actual dollar amount of the contributions is lower than the amount estimated, the department shall adjust the tax credit allowed under this section.
(b) A taxpayer who applied for a tax credit under this section during calendar year 2020, but who was unable to be awarded the credit due to the limit on the aggregate amount of credits authorized for calendar year 2020, shall be given priority for tax credits authorized to be allocated to taxpayers under this section by Section 27-7-22.39.
(c) For the purposes of using a tax credit against ad valorem taxes assessed and levied on real property, a taxpayer shall present to the appropriate tax collector the tax credit documentation provided to the taxpayer by the Department of Revenue, and the tax collector shall apply the tax credit against such ad valorem taxes. The tax collector shall forward the tax credit documentation to the Department of Revenue along with the amount of the tax credit applied against ad valorem taxes, and the department shall disburse funds to the tax collector for the amount of the tax credit applied against ad valorem taxes. Such payments by the Department of Revenue shall be made from current tax collections.
(9) (a) The
aggregate amount of tax credits that may be allocated by the department under
this section during a calendar year shall not exceed Five Million Dollars
($5,000,000.00), and not more than fifty percent (50%) of tax credits allocated
during a calendar year may be allocated for contributions to eligible
charitable organizations described in subsection (1)(b)(ii) of this section.
However, for calendar year 2021, the aggregate amount of tax credits that may
be allocated by the department under this section during a calendar year shall
not exceed Ten Million Dollars ($10,000,000.00), for calendar year 2022, the
aggregate amount of tax credits that may be allocated by the department under
this section during a calendar year shall not exceed Sixteen Million
Dollars ($16,000,000.00), * * *and for calendar year 2023, and for each calendar year
thereafter through calendar year 2025, the aggregate amount of tax
credits that may be allocated by the department under this section during a
calendar year shall not exceed Eighteen Million Dollars ($18,000,000.00),
for calendar year 2026, the aggregate amount of tax credits that may be
allocated by the department under this section during a calendar year shall not
exceed Thirty-two Million Dollars ($32,000,000.00), for calendar year
2027, the aggregate amount of tax credits that may be allocated by the
department under this section during a calendar year shall not exceed Thirty-six
Million Dollars ($36,000,000.00), and for calendar year 2028, and for each
calendar year thereafter, the aggregate amount of tax credits that may be
allocated by the department under this section during a calendar year shall not
exceed Forty Million Dollars ($40,000,000.00). For calendar year
2021, and for each calendar year thereafter, fifty percent (50%) of the tax
credits allocated during a calendar year shall be allocated for contributions
to eligible charitable organizations described in subsection (1)(b)(i) of this
section and fifty percent (50%) of the tax credits allocated during a calendar
year shall be allocated for contributions to eligible charitable organizations
described in subsection (1)(b)(ii) of this section; however, credits not
allocated before October 1 of a calendar year may be allocated under paragraph
(b) of this subsection without regard to such percentage requirements for the
same calendar year. For calendar year 2021, and for each calendar year
thereafter, for credits allocated during a calendar year for contributions to
eligible charitable organizations described in subsection (1)(b)(i) of this
section, no more than twenty-five percent (25%) of such credits may be
allocated for contributions to a single eligible charitable organization; however, credits may be allocated under paragraph (b)
of this subsection without regard to such restriction for the same calendar year.
Except as otherwise provided in this section, for calendar year 2021, and for
each calendar year thereafter through calendar year 2025, for credits
allocated during a calendar year for contributions to eligible charitable
organizations described in subsection (1)(b)(ii) of this section, no more than
four and one-half percent (4-1/2%) of such credits may be allocated for
contributions to a single eligible charitable organization. For calendar
year 2026, and for each calendar year thereafter, for credits allocated during
a calendar year for contributions to eligible charitable organizations
described in subsection (1)(b)(ii) of this section, no more than two and one-half
percent (2-1/2%) of such credits may be allocated for contributions to a single
eligible charitable organization; however, credits may be allocated under
paragraph (b) of this subsection without regard to such restriction for the
same calendar year.
(b) For calendar year 2026, and for each calendar year thereafter:
(i) Credits that are available for allocation during a calendar year for contributions to eligible charitable organizations described in subsection (1)(b)(i) of this section, but that are not allocated before October 1 of the calendar year, may be allocated during the same calendar year for contributions to eligible charitable organizations described in subsection (1)(b)(ii) of this section by a taxpayer who applied during the same calendar year for a tax credit for such a contribution under this section but who was unable to be awarded the credit due to the limit on the aggregate amount of credits authorized for the calendar year; and
(ii) Credits that are available for allocation during a calendar year for contributions to eligible charitable organizations described in subsection (1)(b)(ii) of this section, but that are not allocated before October 1 of the calendar year, may be allocated during the same calendar year for contributions to eligible charitable organizations described in subsection (1)(b)(i) of this section by a taxpayer who applied during the same calendar year for a tax credit for such a contribution under this section but who was unable to be awarded the credit due to the limit on the aggregate amount of credits authorized for the calendar year.
SECTION 3. (1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this subsection unless the context clearly indicates otherwise:
(a) "Department" means the Department of Revenue.
(b) "Qualifying charitable organization" means a charitable organization that (i) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and (ii) each operating year provides services to at least fifteen (15) qualified individuals in this state and spends at least fifty percent (50%) of its budget on services to qualified individuals in this state. A charitable organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and that meets all other requirements of this paragraph except that it does not spend at least fifty percent (50%) of its overall budget in Mississippi may be a qualifying charitable organization if it spends at least fifty percent (50%) of its Mississippi budget on services to qualified individuals in Mississippi and it certifies to the department that one hundred percent (100%) of the voluntary cash contributions from the taxpayer will be spent on services to qualified individuals in Mississippi.
(c) "Qualified individual" means an adult or child with diagnosed intellectual, developmental and/or physical disabilities who is unable to live independently or be left unsupervised due to their condition, and who receives daytime or full-time care from a nonprofit organization that is not funded through Medicaid or Medicare and is not a mental health care provider or a public or private school.
(d) "Services" means:
(i) Supervised daytime shelter and life-skills enrichment for adults with disabilities;
(ii) Medical-related assistance through access to equipment and community resources; and/or
(iii) Support and referral services to families facing financial hardship.
(2) (a) (i) Except as otherwise provided in this subsection, a credit is allowed against the taxes imposed by this chapter for voluntary cash contributions by an individual taxpayer during the taxable year to a qualifying charitable organization. The amount of credit that may be utilized by a taxpayer in a taxable year shall be limited to an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for the taxes imposed by this chapter. Any tax credit claimed under this subsection but not used in any taxable year may be carried forward for five (5) consecutive years from the close of the tax year in which the credits were earned.
(ii) A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half (1/2) of the tax credit that would have been allowed for a joint return.
(iii) A contribution to a qualifying charitable organization for which a credit is claimed under this subsection does not qualify for and shall not be included in any credit that may be claimed under subsection (3) of this subsection.
(iv) A contribution for which a credit is claimed under this subsection may not be used as a deduction by the taxpayer for state income tax purposes.
(b) Taxpayers taking a credit authorized by this subsection shall provide the name of the qualifying charitable organization and the amount of the contribution to the department on forms provided by the department.
(c) A qualifying charitable organization shall provide the department with a written certification that it meets all criteria to be considered a qualifying charitable organization. The organization shall also notify the department of any changes that may affect the qualifications under this subsection.
(d) The charitable organization's written certification must be signed by an officer of the organization under penalty of perjury. The written certification shall include the following:
(i) Verification of the organization's status under Section 501(c)(3) of the Internal Revenue Code.
(ii) Financial data indicating the organization's budget for the organization's prior operating year and the amount of that budget spent on services to residents of this state who are qualified individuals.
(iii) A statement that the organization plans to continue spending at least fifty percent (50%) of its budget on services to residents of this state who are qualified individuals. A charitable organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and that meets all other requirements for a qualifying charitable organization except that it does not spend at least fifty percent (50%) of its overall budget in Mississippi shall submit a statement that it spends at least fifty percent (50%) of its Mississippi budget on services to qualified individuals in Mississippi and that one hundred percent (100%) of the voluntary cash contributions it receives from Mississippi taxpayers will be spent on services to qualified individuals in Mississippi.
(iv) A statement that each operating year it provides services to at least fifteen (15) qualified individuals in this state.
(v) A statement that the organization does not provide, pay for or provide coverage of abortions and does not financially support any other entity that provides, pays for or provides coverage of abortions.
(vi) Any other information that the department requires to administer this subsection.
(e) The department shall review each written certification and determine whether the organization meets all the criteria to be considered a qualifying charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile and make available to the public a list of the qualifying charitable organizations.
(f) A taxpayer shall apply for credits with the department on forms prescribed by the department. In the application the taxpayer shall certify to the department the dollar amount of the contributions made or to be made during the calendar year. Within thirty (30) days after the receipt of an application, the department shall allocate credits based on the dollar amount of contributions as certified in the application. However, if the department cannot allocate the full amount of credits certified in the application due to the limit on the aggregate amount of credits that may be awarded under this subsection in a calendar year, the department shall so notify the applicant within thirty (30) days with the amount of credits, if any, that may be allocated to the applicant in the calendar year. Once the department has allocated credits to a taxpayer, if the contribution for which a credit is allocated has not been made as of the date of the allocation, then the contribution must be made not later than sixty (60) days from the date of the allocation. If the contribution is not made within such time period, the allocation shall be cancelled and returned to the department for reallocation. Upon final documentation of the contributions, if the actual dollar amount of the contributions is lower than the amount estimated, the department shall adjust the tax credit allowed under this subsection.
(g) The aggregate amount of tax credits that may be allocated under this subsection in any calendar year shall not exceed Five Hundred Thousand Dollars ($500,000.00).
(3) (a) (i) The tax credit authorized in this subsection shall be available only to a taxpayer who is a business enterprise engaged in commercial, industrial or professional activities and operating as a corporation, limited liability company, partnership or sole proprietorship. Except as otherwise provided in this subsection, a credit is allowed against the taxes imposed by this chapter for voluntary cash contributions made by a taxpayer during the taxable year to a qualifying charitable organization. The amount of credit that may be utilized by a taxpayer in a taxable year shall be limited to an amount not to exceed fifty percent (50%) of the total tax liability of the taxpayer for the taxes imposed by this chapter. Any tax credit claimed under this subsection but not used in any taxable year may be carried forward for five (5) consecutive years from the close of the tax year in which the credits were earned.
(ii) A contribution to a qualifying charitable organization for which a credit is claimed under this subsection does not qualify for and shall not be included in any credit that may be claimed under subsection (2) of this section.
(iii) A contribution for which a credit is claimed under this subsection may not be used as a deduction by the taxpayer for state income tax purposes.
(b) Taxpayers taking a credit authorized by this subsection shall provide the name of the qualifying charitable organization and the amount of the contribution to the department on forms provided by the department.
(c) A qualifying charitable organization shall provide the department with a written certification that it meets all criteria to be considered a qualifying charitable organization. The organization shall also notify the department of any changes that may affect the qualifications under this subsection.
(d) The charitable organization's written certification must be signed by an officer of the organization under penalty of perjury. The written certification shall include the following:
(i) Verification of the organization's status under Section 501(c)(3) of the Internal Revenue Code.
(ii) Financial data indicating the organization's budget for the organization's prior operating year and the amount of that budget spent on services to residents of this state who are qualified individuals.
(iii) A statement that the organization plans to continue spending at least fifty percent (50%) of its budget on services to residents of this state who are qualified individuals. A charitable organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code and that meets all other requirements for a qualifying charitable organization except that it does not spend at least fifty percent (50%) of its overall budget in Mississippi shall submit a statement that it spends at least fifty percent (50%) of its Mississippi budget on services to qualified individuals in Mississippi and that one hundred percent (100%) of the voluntary cash contributions it receives from Mississippi taxpayers will be spent on services to qualified individuals in Mississippi.
(iv) A statement that each operating year it provides services to at least fifteen (15) qualified individuals in this state.
(v) A statement that the organization does not provide, pay for or provide coverage of abortions and does not financially support any other entity that provides, pays for or provides coverage of abortions.
(vi) Any other information that the department requires to administer this subsection.
(e) The department shall review each written certification and determine whether the organization meets all the criteria to be considered a qualifying charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile and make available to the public a list of the qualifying charitable organizations.
(f) Tax credits authorized by this subsection that are earned by a partnership, limited liability company, S corporation or other similar pass-through entity, shall be allocated among all partners, members or shareholders, respectively, either in proportion to their ownership interest in such entity or as the partners, members or shareholders mutually agree as provided in an executed document.
(g) A taxpayer shall apply for credits with the department on forms prescribed by the department. In the application the taxpayer shall certify to the department the dollar amount of the contributions made or to be made during the calendar year. Within thirty (30) days after the receipt of an application, the department shall allocate credits based on the dollar amount of contributions as certified in the application. However, if the department cannot allocate the full amount of credits certified in the application due to the limit on the aggregate amount of credits that may be awarded under this subsection in a calendar year, the department shall so notify the applicant within thirty (30) days with the amount of credits, if any, that may be allocated to the applicant in the calendar year. Once the department has allocated credits to a taxpayer, if the contribution for which a credit is allocated has not been made as of the date of the allocation, then the contribution must be made not later than sixty (60) days from the date of the allocation. If the contribution is not made within such time period, the allocation shall be cancelled and returned to the department for reallocation. Upon final documentation of the contributions, if the actual dollar amount of the contributions is lower than the amount estimated, the department shall adjust the tax credit allowed under this subsection.
(h) The aggregate amount of tax credits that may be allocated under this subsection in any calendar year shall not exceed Five Hundred Thousand Dollars ($500,000.00).
SECTION 4. Section 3 of this act shall be codified as a new section in Chapter 7, Title 27, Mississippi Code of 1972.
SECTION 5. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws or ad valorem tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws and ad valorem tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.
SECTION 6. This act shall take effect and be in force from and after January 1, 2026.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
