MS SB2159 | 2022 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 18 2022 - 100% progression
Action: 2022-04-18 - Approved by Governor
Text: Latest bill text (Enrolled) [HTML]

Summary

An Act To Create The "mississippi Flexible Tax Incentive Act"; To Define Terms; To Establish Requirements And Standards For Application To The Mississippi Development Authority For Certification And Award Of The Mississippi Flexible Tax Incentive; To Establish Requirements And Standards For The Certification And Award Of The Mississippi Flexible Tax Incentive By The Mississippi Development Authority To A Qualified Business Or Industry For A Qualified Economic Development Project; To Prescribe The Means Of Calculating And Applying Such Incentive; To Prohibit Utilization Of Certain Other Incentives In Combination With The Mississippi Flexible Tax Incentive; To Establish Requirements And Standards For Annual Reporting By A Qualified Business Or Industry, Modifications To Prior Tax Incentive Awards By The Mississippi Development Authority And Deadlines For The Utilization Of Such Incentive; To Authorize Audits By The Mississippi Department Of Revenue And Sharing Of Certain Information About Certain Incentive Awardees Between State Agencies; To Clarify That The Mississippi Development Authority Is Granted Exclusive Jurisdiction To Certify, Award And Make Any Adjustments To A Mississippi Flexible Tax Incentive For A Qualified Business Or Industry; To Authorize The Mississippi Development Authority And The Mississippi Department Of Revenue To Promulgate Rules And Regulations Necessary To Implement This Act; To Amend Section 27-7-309, Mississippi Code Of 1972, To Authorize The Application Of A Mississippi Flexible Tax Incentive As A Credit To Offset Withholding Tax Liability; To Amend Section 27-7-311, Mississippi Code Of 1972, To Exclude Any Mississippi Flexible Tax Incentive Applied As A Credit To Offset State Income Tax Liability From The Annual Statement Required To Be Filed With The Commissioner Of Revenue For An Employee; To Amend Section 27-13-5, Mississippi Code Of 1972, To Authorize The Application Of A Mississippi Flexible Tax Incentive As A Credit To Offset Franchise Tax Liability Of Mississippi Corporations; To Amend Section 27-13-7, Mississippi Code Of 1972, To Authorize The Application Of A Mississippi Flexible Tax Incentive As A Credit To Offset Franchise Tax Liability Of Foreign Corporations; To Amend Section 27-65-93, Mississippi Code Of 1972, To Require The Department Of Revenue To Issue A Direct Pay Permit To A Qualified Business Or Industry That Is Awarded A Mississippi Flexible Tax Incentive By The Mississippi Development Authority; To Amend Section 27-67-17, Mississippi Code Of 1972, To Authorize The Application Of A Mississippi Flexible Tax Incentive As A Credit To Offset State Use Tax Liability; To Amend Section 57-1-14, Mississippi Code Of 1972, To Delay Or Preclude Certain Information Provided In Applications And Annual Reports For The Mississippi Flexible Tax Incentive From Disclosure Pursuant To The Mississippi Public Records Act Of 1983; To Amend Section 27-7-22, Mississippi Code Of 1972, To Allow An Income Tax Credit For Any Qualified Business Or Industry Which Is Certified As Such By The Mississippi Board Of Economic Development Under The Mississippi Flexible Tax Incentive Act And Awarded A Tax Incentive Under The Act For A Qualified Economic Development Project; To Provide That From And After January 1, 2023, If The Amount Of Any Mflex Tax Incentive Or Other Incentive That A Qualified Business Or Other Entity Is Eligible To Receive Under The Mississippi Flexible Tax Incentive Act Is Less Than The Amount Of The Mflex Tax Incentive Or Other Incentive That The Qualified Business Or Other Entity Would Have Been Eligible To Receive Or To Use If The Mflex Tax Incentive Or Other Incentive Had Been Calculated Using Any Applicable Income Tax Rates In Section 27-7-5 That Were In Effect Before January 1, 2023, Then The Qualified Business Or Other Entity Shall Receive A Grant From The Mississippi Development Authority Equal To The Difference Between Such Two Amounts; To Amend Sections 57-62-9 And 57-62-11, Mississippi Code Of 1972, Which Are Sections Of The Mississippi Advantage Jobs Act; To Provide That From And After January 1, 2023, If The Amount Of The Incentive Payment That A Qualified Business Or Industry Is Eligible To Receive Under Such Act Is Less Than The Amount That The Incentive Payment Would Have Been If The Payment Had Been Calculated Using Any Applicable Income Tax Rates In Section 27-7-5 That Were In Effect Before January 1, 2023, Then The Qualified Business Or Industry Also Shall Receive A Grant Equal To The Difference Between Such Two Amounts; To Amend Sections 57-99-1, 57-99-3 And 57-99-5, Mississippi Code Of 1972, Which Are Sections Of The Mississippi Major Economic Impact Withholding Rebate Incentive Program, To Provide That From And After January 1, 2023, If The Amount Of The Incentive Payments That A Qualified Business Or Industry Is Eligible To Receive Under Such Program Is Less Than The Amount That The Incentive Payments Would Have Been If The Payments Had Been Calculated Using Any Applicable Income Tax Rates In Section 27-7-5 That Were In Effect Before January 1, 2023, Then The Qualified Business Or Industry Also Shall Receive A Grant Equal To The Difference Between Such Two Amounts; And For Related Purposes.

Tracking Information

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Title

Mississippi Flexible Tax Incentive Act; create.

Sponsors


Roll Calls

2022-03-28 - House - House Conference Report Adopted (Y: 120 N: 0 NV: 2 Abs: 0) [PASS]
2022-03-28 - Senate - Senate Conference Report Adopted (Y: 52 N: 0 NV: 0 Abs: 0) [PASS]
2022-03-15 - House - House Passed As Amended (Y: 115 N: 0 NV: 7 Abs: 0) [PASS]
2022-02-03 - Senate - Senate Passed (Y: 51 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2022-04-18 Approved by Governor
2022-04-04HouseEnrolled Bill Signed
2022-04-04SenateEnrolled Bill Signed
2022-03-28SenateConference Report Adopted
2022-03-28HouseConference Report Adopted
2022-03-27SenateConference Report Filed
2022-03-27HouseConference Report Filed
2022-03-27HouseRecommitted For Further Conf
2022-03-27SenateRecommitted For Further Conf
2022-03-26SenateConference Report Filed
2022-03-26HouseConference Report Filed
2022-03-22HouseConferees Named Lamar,Steverson,Powell
2022-03-18SenateConferees Named Harkins,Parker,Kirby
2022-03-17SenateDecline to Concur/Invite Conf
2022-03-16HouseReturned For Concurrence
2022-03-15HousePassed As Amended
2022-03-15HouseAmended
2022-03-01HouseTitle Suff Do Pass As Amended
2022-02-08HouseReferred To Ways and Means
2022-02-07SenateTransmitted To House
2022-02-03SenatePassed
2022-02-03SenateCommittee Substitute Adopted
2022-02-01SenateTitle Suff Do Pass Comm Sub
2022-02-01SenateDR - TSDPCS: FI To EC
2022-01-13SenateReferred To Finance;Economic and Workforce Development

Code Citations

ChapterArticleSectionCitation TypeStatute Text
27135Amended CodeSee Bill Text
27137Amended CodeSee Bill Text
276593Amended CodeSee Bill Text
276717Amended CodeSee Bill Text
27722Repealed CodeSee Bill Text
277309Amended CodeSee Bill Text
277311Amended CodeSee Bill Text
57114Amended CodeSee Bill Text
576211Amended CodeSee Bill Text
57629Amended CodeSee Bill Text
57991Amended CodeSee Bill Text
57993Amended CodeSee Bill Text
57995Amended CodeSee Bill Text

Mississippi State Sources

TypeSource
Summaryhttps://billstatus.ls.state.ms.us/2022/pdf/history/SB/SB2159.xml
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2100-2199/SB2159IN.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2100-2199/SB2159CS.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2100-2199/SB2159PS.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2100-2199/SB2159SG.htm
Amendmenthttps://billstatus.ls.state.ms.us/documents/2022/html/ham/SB2159_H_Cmte_Amend_01.htm
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/senate/0310008.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/house/0710056.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/senate/0840005.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/house/0840024.pdf

Bill Comments

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