Bill Text: MS SB2132 | 2020 | Regular Session | Introduced

Mississippi Senate Bill 2132 (Prior Session Legislation)

Introduced

Bill Title: Income tax; authorize credit for expenditures for participation of a child in a private education program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-06-03 - Died In Committee [SB2132 Detail]

Download: Mississippi-2020-SB2132-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Finance

By: Senator(s) Hill

Senate Bill 2132

AN ACT TO AUTHORIZE AN INCOME TAX CREDIT IN THE AMOUNT OF THE UNREIMBURSED EDUCATIONAL EXPENDITURES MADE BY A TAXPAYER IN CONNECTION WITH ENROLLMENT, ATTENDANCE OR PARTICIPATION OF THE TAXPAYER'S DEPENDENT CHILD IN A PRIVATE EDUCATION PROGRAM OR HOMESCHOOLING IN MISSISSIPPI; TO PROVIDE THAT THE AMOUNT OF SUCH CREDIT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE STATE SHARE OF THE ADEQUATE EDUCATION PROGRAM PAYMENTS FOR EACH STUDENT IN AVERAGE DAILY ATTENDANCE AT THE SCHOOL DISTRICT IN WHICH THE DEPENDENT CHILD RESIDES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Dependent child" means an individual who is:

(i) Eligible to receive a free education in a Mississippi public school; and

(ii) A qualifying child (as defined in Section 152 of the Internal Revenue Code) of the taxpayer.

(b) "Education expenditure" refers to any expenditures made in connection with enrollment, attendance or participation of the dependent child in a private education program in Mississippi. The term includes:

(i) Tuition and/or fees at an eligible school;

(ii) Textbooks;

(iii) Payment to a tutor;

(iv) Payment for purchase of curriculum, including any supplemental materials required by the curriculum;

(v) No more than One Thousand Dollars ($1,000.00) annually for fees for transportation to and from an educational service provider paid to a fee-for-service transportation provider;

(vi) Tuition and/or fees for online learning programs or courses;

(vii) Fees for nationally standardized norm-referenced achievement tests, including alternate assessments, and fees for Advanced Placement examinations or similar courses and any examinations related to college or university admission;

(viii) Costs directly associated with obtaining a nationally recognized industry certification;

(ix) Contracted services provided by a public school, including individual classes and extracurricular programs;

(x) Educational services or therapies from a licensed or certified practitioner or provider, including licensed or certified paraprofessionals or educational aides; and

(xi) No more than One Hundred Dollars ($100.00) in annual consumable school supplies necessary for educational services and therapies, daily classroom activities and tutoring.

(c) "Private education program" means homeschooling or attendance at a private school in Mississippi that satisfies a child's obligation under Section 37-13-91 for compulsory attendance at a school. The term does not include the delivery of instructional service in a home setting to a dependent child who is enrolled in a public school or a charter school.

(2) (a) There shall be allowed, as a credit against the taxes imposed by this chapter, the amount of unreimbursed educational expenditures made by a taxpayer for a dependent child during the calendar year 2020 and any calendar year thereafter; however, the amount of the credit shall not exceed an amount equal to the base student cost under the Mississippi Adequate Education Program for the school year ending during the calendar year.

(b) If the amount allowable as a credit exceeds the tax imposed by this chapter, the excess may be carried forward for three (3) succeeding tax years, or the taxpayer may elect to receive a refund of the amount of such excess. Refund requests shall be submitted to the Department of Revenue on forms provided by the department. Refunds shall be made from current collections.

(3) In order to be eligible for the credit, a taxpayer shall provide such documentation of educational expenditures as the Department of Revenue may prescribe.

SECTION 2. Section 1 of this act shall be codified in Title 27, Chapter 7, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after January 1, 2020.