Section 208.770

Title XII PUBLIC HEALTH AND WELFARE

Chapter 208

Effective - 28 Aug 2009   

  208.770.  Tax exemption, credit, when. — 1.  Moneys deposited in or withdrawn pursuant to subsection 1 of section 208.760 from a family development account by an account holder are exempted from taxation pursuant to chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, and chapter 147, 148 or 153 provided, however, that any money withdrawn for an unapproved use should be subject to tax as required by law.

  2.  Interest earned by a family development account is exempted from taxation pursuant to chapter 143.

  3.  Any funds in a family development account, including accrued interest, shall be disregarded when determining eligibility to receive, or the amount of, any public assistance or benefits.

  4.  A program contributor shall be allowed a credit against the tax imposed by chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, and chapter 147, 148 or 153, pursuant to sections 208.750 to 208.775.  Contributions up to fifty thousand dollars per program contributor are eligible for the tax credit which shall not exceed fifty percent of the contribution amount.

  5.  The department of economic development shall verify all tax credit claims by contributors.  The administrator of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to a family development account reserve fund for the calendar year.  The director shall determine the date by which such information shall be submitted to the department by the local administrator.  The department shall submit verification of qualified tax credits pursuant to sections 208.750 to 208.775 to the department of revenue.

  6.  For all fiscal years ending on or before June 30, 2010, the total tax credits authorized pursuant to sections 208.750 to 208.775 shall not exceed four million dollars in any fiscal year.  For all fiscal years beginning on or after July 1, 2010, the total tax credits authorized under sections 208.750 to 208.775 shall not exceed three hundred thousand dollars in any fiscal year.

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(L. 1999 S.B. 387, et al. § 13, A.L. 2009 H.B. 191)