Rules, promulgation duties--certification of applications for taxcredit--application requesting credit granted when--denial, protestprocedure--review by administrative hearing commission authorized.
135.150. 1. Until January 1, 1987, the director of revenue shallprescribe such rules and regulations necessary to carry out the provisions ofsections 135.100 to 135.150.
2. Beginning January 1, 1987, the director of economic development shallprescribe the method for submitting applications for claiming the tax creditsallowed in subsections 2 and 3 of section 135.110 and shall, if suchapplication or portion thereof is approved, certify same to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration that the taxpayer claiming the credits hassatisfied all requirements prescribed in sections 135.100 to 135.150 and istherefore eligible to claim the credits. The director of economic developmentshall also calculate and specify the amount of the credit earned by thetaxpayer during the taxpayer's first taxable year in which such credits areclaimed and for each of the nine succeeding taxable years the credits areclaimed by the taxpayer and shall certify such amounts to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration and shall notify the taxpayer in writing of theaction taken on his request for the credits and if the request for credits isdisallowed, the director of economic development shall state the reason orreasons the claim for credit was disallowed. The director shall certify theextent to which earned credits can be claimed to the director of revenue orthe director of the department of insurance, financial institutions andprofessional registration and shall notify the taxpayer in writing of suchdetermination. The director of economic development may prescribe such rulesand regulations necessary to carry out the provisions of sections 135.100 to135.150.
3. The director of revenue and, when appropriate, the director of thedepartment of insurance, financial institutions and professional registrationmay prescribe rules and regulations necessary to process the credits followingcertification by the director of economic development. No rule or portion ofa rule promulgated under the authority of sections 135.100 to 135.160* shallbecome effective unless it has been promulgated pursuant to the provisions ofsection 536.024, RSMo.
4. Any taxpayer who has submitted an application for claiming taxcredits as allowed in section 135.110 may file with the director of economicdevelopment, a protest within sixty days (one hundred fifty days if thetaxpayer is outside the United States) after the date of such certificationnotice or the date of the notice denying such certification. The protestshall be in writing and shall set forth the grounds on which the protest isbased.
5. If a protest is filed, the director of economic development shallconsider the taxpayer's grounds for protest and make a determinationconcerning such protest. The director of economic development shall notifythe taxpayer in writing of such determination within thirty days following thedate on which the written protest was received. Such notice shall be mailedto the taxpayer by certified or registered mail and such notice shall setforth briefly the director of economic development's findings of fact and thebasis of decision.
6. The decision of the director of economic development on thetaxpayer's protest is final upon the expiration of thirty days from the datewhen he mails notice of his action to the taxpayer unless within this period,the taxpayer seeks review of the director of economic development'sdetermination by the administrative hearing commission, which is herebyauthorized.
Rules, promulgation duties--certification of applications for taxcredit--application requesting credit granted when--denial, protestprocedure--review by administrative hearing commission authorized.
135.150. 1. Until January 1, 1987, the director of revenue shallprescribe such rules and regulations necessary to carry out the provisions ofsections 135.100 to 135.150.
2. Beginning January 1, 1987, the director of economic development shallprescribe the method for submitting applications for claiming the tax creditsallowed in subsections 2 and 3 of section 135.110 and shall, if suchapplication or portion thereof is approved, certify same to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration that the taxpayer claiming the credits hassatisfied all requirements prescribed in sections 135.100 to 135.150 and istherefore eligible to claim the credits. The director of economic developmentshall also calculate and specify the amount of the credit earned by thetaxpayer during the taxpayer's first taxable year in which such credits areclaimed and for each of the nine succeeding taxable years the credits areclaimed by the taxpayer and shall certify such amounts to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration and shall notify the taxpayer in writing of theaction taken on his request for the credits and if the request for credits isdisallowed, the director of economic development shall state the reason orreasons the claim for credit was disallowed. The director shall certify theextent to which earned credits can be claimed to the director of revenue orthe director of the department of insurance, financial institutions andprofessional registration and shall notify the taxpayer in writing of suchdetermination. The director of economic development may prescribe such rulesand regulations necessary to carry out the provisions of sections 135.100 to135.150.
3. The director of revenue and, when appropriate, the director of thedepartment of insurance, financial institutions and professional registrationmay prescribe rules and regulations necessary to process the credits followingcertification by the director of economic development. No rule or portion ofa rule promulgated under the authority of sections 135.100 to 135.160* shallbecome effective unless it has been promulgated pursuant to the provisions ofsection 536.024, RSMo.
4. Any taxpayer who has submitted an application for claiming taxcredits as allowed in section 135.110 may file with the director of economicdevelopment, a protest within sixty days (one hundred fifty days if thetaxpayer is outside the United States) after the date of such certificationnotice or the date of the notice denying such certification. The protestshall be in writing and shall set forth the grounds on which the protest isbased.
5. If a protest is filed, the director of economic development shallconsider the taxpayer's grounds for protest and make a determinationconcerning such protest. The director of economic development shall notifythe taxpayer in writing of such determination within thirty days following thedate on which the written protest was received. Such notice shall be mailedto the taxpayer by certified or registered mail and such notice shall setforth briefly the director of economic development's findings of fact and thebasis of decision.
6. The decision of the director of economic development on thetaxpayer's protest is final upon the expiration of thirty days from the datewhen he mails notice of his action to the taxpayer unless within this period,the taxpayer seeks review of the director of economic development'sdetermination by the administrative hearing commission, which is herebyauthorized.
Rules, promulgation duties--certification of applications for taxcredit--application requesting credit granted when--denial, protestprocedure--review by administrative hearing commission authorized.
135.150. 1. Until January 1, 1987, the director of revenue shallprescribe such rules and regulations necessary to carry out the provisions ofsections 135.100 to 135.150.
2. Beginning January 1, 1987, the director of economic development shallprescribe the method for submitting applications for claiming the tax creditsallowed in subsections 2 and 3 of section 135.110 and shall, if suchapplication or portion thereof is approved, certify same to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration that the taxpayer claiming the credits hassatisfied all requirements prescribed in sections 135.100 to 135.150 and istherefore eligible to claim the credits. The director of economic developmentshall also calculate and specify the amount of the credit earned by thetaxpayer during the taxpayer's first taxable year in which such credits areclaimed and for each of the nine succeeding taxable years the credits areclaimed by the taxpayer and shall certify such amounts to the director ofrevenue or the director of the department of insurance, financial institutionsand professional registration and shall notify the taxpayer in writing of theaction taken on his request for the credits and if the request for credits isdisallowed, the director of economic development shall state the reason orreasons the claim for credit was disallowed. The director shall certify theextent to which earned credits can be claimed to the director of revenue orthe director of the department of insurance, financial institutions andprofessional registration and shall notify the taxpayer in writing of suchdetermination. The director of economic development may prescribe such rulesand regulations necessary to carry out the provisions of sections 135.100 to135.150.
3. The director of revenue and, when appropriate, the director of thedepartment of insurance, financial institutions and professional registrationmay prescribe rules and regulations necessary to process the credits followingcertification by the director of economic development. No rule or portion ofa rule promulgated under the authority of sections 135.100 to 135.160* shallbecome effective unless it has been promulgated pursuant to the provisions ofsection 536.024, RSMo.
4. Any taxpayer who has submitted an application for claiming taxcredits as allowed in section 135.110 may file with the director of economicdevelopment, a protest within sixty days (one hundred fifty days if thetaxpayer is outside the United States) after the date of such certificationnotice or the date of the notice denying such certification. The protestshall be in writing and shall set forth the grounds on which the protest isbased.
5. If a protest is filed, the director of economic development shallconsider the taxpayer's grounds for protest and make a determinationconcerning such protest. The director of economic development shall notifythe taxpayer in writing of such determination within thirty days following thedate on which the written protest was received. Such notice shall be mailedto the taxpayer by certified or registered mail and such notice shall setforth briefly the director of economic development's findings of fact and thebasis of decision.
6. The decision of the director of economic development on thetaxpayer's protest is final upon the expiration of thirty days from the datewhen he mails notice of his action to the taxpayer unless within this period,the taxpayer seeks review of the director of economic development'sdetermination by the administrative hearing commission, which is herebyauthorized.
