Section 67.3000

There are multiple enactments of 67.3000

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 01 Jul 2026, 3 histories, see footnote   

  67.3000.  Definitions — contract submitted to department for certification — tax credit eligibility, procedure, requirements — rulemaking authority — effective dates. — 1.  As used in this section and section 67.3005, the following words shall mean:

  (1)  "Active member", an organization located in the state of Missouri which solicits and services sports events, sports organizations, and other types of sports-related activities in that community;

  (2)  "Applicant" or "applicants", one or more certified sponsors, endorsing counties, endorsing municipalities, or a local organizing committee, acting individually or collectively;

  (3)  "Certified sponsor" or "certified sponsors", a nonprofit organization which is an active member of the Sports Events and Tourism Association;

  (4)  "Department", the Missouri department of economic development;

  (5)  "Director", the director of revenue;

  (6)  "Eligible donation", donations received, by a certified sponsor or local organizing committee, from a taxpayer that may include cash, publicly traded stocks and bonds, and real estate that will be valued and documented according to rules promulgated by the department.  Such donations shall be used solely to provide funding to attract sporting events to this state;

  (7)  "Endorsing municipality" or "endorsing municipalities", any city, town, incorporated village, or county that contains a site selected by a site selection organization for one or more sporting events;

  (8)  "Joinder agreement", an agreement entered into by one or more applicants, acting individually or collectively, and a site selection organization setting out representations and assurances by each applicant in connection with the selection of a site in this state for the location of a sporting event;

  (9)  "Joinder undertaking", an agreement entered into by one or more applicants, acting individually or collectively, and a site selection organization that each applicant will execute a joinder agreement in the event that the site selection organization selects a site in this state for a sporting event;

  (10)  "Local organizing committee", a nonprofit corporation or its successor in interest that:

  (a)  Has been authorized by one or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, to pursue an application and bid on its or the applicant's behalf to a site selection organization for selection as the host of one or more sporting events; or

  (b)  With the authorization of one or more certified sponsors, endorsing municipalities, or endorsing counties, acting individually or collectively, executes an agreement with a site selection organization regarding a bid to host one or more sporting events;

  (11)  "Registered participant", an individual who is registered to compete in a sporting event, or an athlete, coach, or other individual who is part of a team's official contingent with an official capacity for such sporting event;

  (12)  "Site selection organization", the National Collegiate Athletic Association (NCAA); an NCAA member conference, university, or institution; the National Association of Intercollegiate Athletics (NAIA); the United States Olympic & Paralympic Committee (USOPC); a national governing body (NGB) or international federation of a sport recognized by the USOPC; the United States Golf Association (USGA); the United States Tennis Association (USTA); the Amateur Athletic Union (AAU); the National Christian College Athletic Association (NCCAA); the National Junior College Athletic Association (NJCAA); the United States Sports Specialty Association (USSSA); any rights holder member of the Sports Events and Tourism Association (Sports ETA); other major regional, national, and international sports associations, and amateur organizations that promote, organize, or administer sporting games or competitions; or other major regional, national, and international organizations that promote or organize sporting events;

  (13)  "Sporting event" or "sporting events", an amateur, collegiate, or Olympic sporting event that is competitively bid or is awarded by a site selection organization;

  (14)  "Support contract" or "support contracts", an event award notification, joinder undertaking, joinder agreement, or contract executed by an applicant and a site selection organization;

  (15)  "Tax credit" or "tax credits", a credit or credits issued by the department against the tax otherwise due under chapter 143 or 148, excluding withholding tax imposed under sections 143.191 to 143.265;

  (16)  "Taxpayer", any of the following individuals or entities who make an eligible donation:

  (a)  A person, firm, partner in a firm, corporation, or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed under chapter 143;

  (b)  A corporation subject to the annual corporation franchise tax imposed under chapter 147;

  (c)  An insurance company paying an annual tax on its gross premium receipts in this state;

  (d)  Any other financial institution paying taxes to the state of Missouri or any political subdivision of this state under chapter 148;

  (e)  An individual subject to the state income tax imposed under chapter 143;

  (f)  Any charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, if any, would be subject to the state income tax imposed under chapter 143.

  2.  An applicant may submit a copy of a support contract for a sporting event to the department.  Within sixty days of receipt of the sporting event support contract, the department may review the applicant's support contract and certify such support contract if it complies with the requirements of this section.  Upon certification of the support contract by the department, the applicant may be authorized to receive the tax credit under subsection 4 of this section.

  3.  No more than ninety days following the conclusion of the sporting event, the applicant shall submit a ticket sales or box office statement verifying the total number of tickets sold for such event, or, if such event was participant-based, a list of all registered participants.

  4.  (1)  No later than sixty days following the receipt of  documentation of ticket sales or registered participants from the applicant as required in subsection 3 of this section, the department shall, except for the limitations under subsection 5 of this section, issue a certificate for a refundable tax credit to the applicant for:

  (a)  An amount equal to six dollars for every admission ticket sold to such event; or

  (b)  An amount equal to twelve dollars for every registered participant if such event was participant-based.

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The calculations under paragraphs (a) and (b) of this subdivision shall use the actual number of tickets sold or registered participants, not an estimated amount.

  (2)  The department of revenue shall issue a refund of the refundable tax credit to the applicant within ninety days of the applicant's submission of a valid tax credit certificate issued in accordance with subdivision (1) of this subsection.  Notwithstanding any provision of law to the contrary, this may include a refund issued in advance of the close of the tax period to which the tax credit applies.

  (3)  Tax credits authorized by this section may be claimed against taxes imposed by chapters 143 and 148.  Tax credits authorized by this section shall not be transferred, sold, or assigned.  Notwithstanding any provision of law to the contrary, tax credits authorized by this section may be refunded at any time following issuance, even prior to the close of the tax period for which the credits were issued.  An erroneous, excessive, or improper refund of these tax credits shall be considered an underpayment of tax on the date made.  If any applicant is issued tax credits pursuant to this section that are refunded to such applicant, but the department of revenue later determines that the applicant receiving the credits owes or owed taxes that were not paid for the tax year for which the tax credit was issued, such applicant shall pay to the department of revenue the applicant's tax liability still due, including any underpayment caused by the erroneous, excessive, or improper refund of these tax credits.  The department of revenue may promulgate such rules as are necessary to administer such clawback provisions under this subdivision.

  5.  In no event shall the amount of tax credits issued by the department under subsection 4 of this section exceed six million dollars in any fiscal year.  For all events located within the following counties, the total amount of tax credits issued shall not exceed five million five hundred thousand dollars in any fiscal year:

  (1)  A county with a charter form of government and with more than six hundred thousand inhabitants; or

  (2)  A city not within a county.

  6.  An applicant shall provide any information necessary as determined by the department for the department and the director to fulfill the duties required by this section.  At any time upon the request of the state of Missouri, a certified sponsor shall subject itself to an audit conducted by the state.

  7.  This section shall not be construed as creating or requiring a state guarantee of obligations imposed on an endorsing municipality under a support contract or any other agreement relating to hosting one or more sporting events in this state.

  ^*8.  The department shall only certify an applicant's support contract for a sporting event in which the site selection organization has yet to select a location for the sporting event as of December 1, 2012.  No support contract shall be certified unless the site selection organization has chosen to use a location in this state from competitive bids, at least one of which was a bid for a location outside of this state, except that competitive bids shall not be required for any previously-awarded event whose site selection organization extends its contractual agreement with the event's certified sponsor or for any neutral-site collegiate game with at least one out-of-state team.  Support contracts shall not be certified by the department after August 28, 2032, provided that the support contracts may be certified on or prior to August 28, 2032, for sporting events that will be held after such date.

  9.  The department may promulgate rules as necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

  10.  The repeal and reenactment of subsection 8 of this section shall become effective on September 9, 2025, and the repeal and reenactment of the remainder of the provisions of this section shall become effective July 1, 2026, and shall apply only to tax credits issued on or after July 1, 2026.

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(L. 2013 S.B. 10 & 25, A.L. 2018 H.B. 1388 merged with S.B. 773, A.L. 2025 1st Ex. Sess. S.B. 3)

Effective 7-01-26

*Subsection 8 effective 9-09-25

Sunset date 8-28-32, see § 67.3005

Termination date 9-01-33, see § 67.3005

CROSS REFERENCE:

Severability clause, 67.3009