Section 348.493

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 348

Effective - 02 Jan 2023, see footnote   

  348.493.  Program lenders — tax credit, amount — certificate of tax credit, issuance of, when — tax credit requirements — sunset provision. — 1.  As used in this section, "state tax liability" means any state tax liability incurred by a taxpayer under the provisions of chapter 143, 147, or 148, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265 and related provisions.

  2.  Any eligible lender under the specialty agricultural crops loan program under section 348.491 shall be entitled to receive a tax credit equal to one hundred percent of the amount of interest waived by the lender under section 348.491 on a qualifying loan for the first year of the loan only.  The tax credit shall be evidenced by a certificate of tax credit issued by the Missouri agricultural and small business development authority and may be used to satisfy the state tax liability of the owner of such certificate that becomes due in the tax year in which the interest on a qualified loan is waived by the lender under section 348.491.  No lender shall receive a tax credit under this section unless such lender presents a certificate of tax credit to the department of revenue for payment of such state tax liability.  The amount of the tax credits that may be issued to all eligible lenders claiming tax credits authorized in this section in a fiscal year shall not exceed three hundred thousand dollars.

  3.  The Missouri agricultural and small business development authority shall be responsible for the administration and issuance of the certificate of tax credits authorized by this section.  The authority shall issue a certificate of tax credit at the request of any lender.  Each request shall include a true copy of the loan documents, the name of the lender who is to receive a certificate of tax credit, the type of state tax liability against which the tax credit is to be used, and the amount of the certificate of tax credit to be issued to the lender based on the interest waived by the lender under section 348.491 on the loan for the first year.

  4.  The department of revenue shall accept a certificate of tax credit in lieu of other payment in such amount as is equal to the lesser of the amount of the tax or the remaining unused amount of the credit as indicated on the certificate of tax credit and shall indicate on the certificate of tax credit the amount of tax thereby paid and the date of such payment.

  5.  The following provisions shall apply to tax credits authorized under this section:

  (1)  Tax credits claimed in a tax year may be claimed on a quarterly basis and applied to the estimated quarterly tax of the lender;

  (2)  Any amount of tax credit that exceeds the tax due, including any estimated quarterly taxes paid by the lender under subdivision (1) of this subsection that result in an overpayment of taxes for a tax year, shall not be refunded but may be carried over to any subsequent tax year, not to exceed a total of three years for which a tax credit may be taken for a qualified specialty agricultural crops loan;

  (3)  Notwithstanding any provision of law to the contrary, a lender may assign, transfer, sell, or otherwise convey tax credits authorized under this section, with the new owner of the tax credit receiving the same rights in the tax credit as the lender.  For any tax credits assigned, transferred, sold, or otherwise conveyed, a notarized endorsement shall be filed by the lender with the authority specifying the name and address of the new owner of the tax credit and the value of such tax credit; and

  (4)  Notwithstanding any other provision of this section to the contrary, any commercial bank may use tax credits created under this section as provided in section 148.064 and receive a net tax credit against taxes actually paid in the amount of the first year's interest on loans made under this section.  If such first year tax credits reduce taxes due as provided in section 148.064 to zero, the remaining tax credits may be carried over as otherwise provided in this section and used as provided in section 148.064 in subsequent years.

  6.  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 31, 2028, 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 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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(L. 2022 1st Ex. Sess. H.B. 3)

Effective 1-02-23

Sunset date 12-31-28

Termination date 9-01-29