Tax credits and exemptions, maximum period granted--calculationformula--employee requirements, waived or reduced, when--motorcarrier, tax credits, conditions--expansion of boundaries ofenterprise zone--petition for additional period, qualifications.
135.230. 1. The exemption or credit established and allowed bysection 135.220 and the credits allowed and established by subdivisions(1), (2), (3) and (4) of subsection 1 of section 135.225 shall be grantedwith respect to any new business facility located within an enterprise zonefor a vested period not to exceed ten years following the date upon whichthe new business facility commences operation within the enterprise zoneand such exemption shall be calculated, for each succeeding year ofeligibility, in accordance with the formulas applied in the initial year inwhich the new business facility is certified as such, subject, however, tothe limitation that all such credits allowed in sections 135.225 and135.235 and the exemption allowed in section 135.220 shall be removed notlater than fifteen years after the enterprise zone is designated as such.No credits shall be allowed pursuant to subdivision (1), (2), (3) or (4) ofsubsection 1 of section 135.225 or section 135.235 and no exemption shallbe allowed pursuant to section 135.220 unless the number of new businessfacility employees engaged or maintained in employment at the new businessfacility for the taxable year for which the credit is claimed equals orexceeds two or the new business facility is a revenue-producing enterpriseas defined in paragraph (d) of subdivision (6) of section 135.200. Inorder to qualify for either the exemption pursuant to section 135.220 orthe credit pursuant to subdivision (4) of subsection 1 of section 135.225,or both, it shall be required that at least thirty percent of new businessfacility employees, as determined by subsection 4 of section 135.110, meetthe criteria established in section 135.240 or are residents of anenterprise zone or some combination thereof, except taxpayers who establisha new business facility by operating a revenue-producing enterprise asdefined in paragraph (d) of subdivision (6) of section 135.200 or anytaxpayer that is an insurance company that established a new businessfacility satisfying the requirements of subdivision (8) of section 135.100located within an enterprise zone after June 30, 1993, and before December31, 1994, and that employs in excess of three hundred fifty new businessfacility employees at such facility each tax period for which the creditsallowable pursuant to subdivisions (1) to (4) of subsection 1 of section135.225 are claimed shall not be required to meet such requirement. A newbusiness facility described as SIC 3751 shall be required to employ fifteenpercent of such employees instead of the required thirty percent. For thepurpose of satisfying the thirty-percent requirement, residents must havelived in the enterprise zone for a period of at least one full calendarmonth and must have been employed at the new business facility for at leastone full calendar month, and persons qualifying because they meet therequirements of section 135.240 must have satisfied such requirement at thetime they were employed by the new business facility and must have beenemployed at the new business facility for at least one full calendar month.The director may temporarily reduce or waive this requirement for anybusiness in an enterprise zone with ten or less full-time employees, andfor businesses with eleven to twenty full-time employees this requirementmay be temporarily reduced. No reduction or waiver may be granted for morethan one tax period and shall not be renewable. The exemptions allowed insections 135.215 and 135.220 and the credits allowed in sections 135.225and 135.235 and the refund established and authorized in section 135.245shall not be allowed to any "public utility", as such term is defined insection 386.020, RSMo. For the purposes of achieving the fifteen-percentemployment requirement set forth in this subsection, a new businessfacility described as NAICS 336991 may count employees who were residentsof the enterprise zone at the time they were employed by the new businessfacility and for at least ninety days thereafter, regardless of whethersuch employees continue to reside in the enterprise zone, so long as theemployees remain employed by the new business facility and residents of thestate of Missouri.
2. Notwithstanding the provisions of subsection 1 of this section,motor carriers, barge lines or railroads engaged in transporting propertyfor hire or any interexchange telecommunications company that establish anew business facility shall be eligible to qualify for the exemptionsallowed in sections 135.215 and 135.220, and the credits allowed insections 135.225 and 135.235 and the refund established and authorized insection 135.245, except that trucks, truck-trailers, truck semitrailers,rail or barge vehicles or other rolling stock for hire, track, switches,bridges, barges, tunnels, rail yards and spurs shall not constitute newbusiness facility investment nor shall truck drivers or rail or bargevehicle operators constitute new business facility employees.
3. Notwithstanding any other provision of sections 135.200 to 135.256to the contrary, motor carriers establishing a new business facility on orafter January 1, 1993, but before January 1, 1995, may qualify for the taxcredits available pursuant to sections 135.225 and 135.235 and theexemption provided in section 135.220, even if such new business facilityhas not satisfied the employee criteria, provided that such taxpayeremploys an average of at least two hundred persons at such facility,exclusive of truck drivers and provided that such taxpayer maintains anaverage investment of at least ten million dollars at such facility,exclusive of rolling stock, during the tax period for which such creditsand exemption are being claimed.
4. Any governing authority having jurisdiction of an area that hasbeen designated an enterprise zone may petition the department to expandthe boundaries of such existing enterprise zone. The director may approvesuch expansion if the director finds that:
(1) The area to be expanded meets the requirements prescribed insection 135.207 or 135.210, whichever is applicable;
(2) The area to be expanded is contiguous to the existing enterprisezone; and
(3) The number of expansions do not exceed three after August 28,1994.
5. Notwithstanding the fifteen-year limitation as prescribed insubsection 1 of this section, any governing authority having jurisdictionof an area that has been designated as an enterprise zone by the director,except one designated pursuant to this subsection, may file a petition, asprescribed by the director, for redesignation of such area for anadditional period not to exceed seven years following the fifteenthanniversary of the enterprise zone's initial designation date; provided:
(1) The petition is filed with the director within three years priorto the date the tax credits authorized in sections 135.225 and 135.235 andthe exemption allowed in section 135.220 are required to be removedpursuant to subsection 1 of this section;
(2) The governing authority identifies and conforms the boundaries ofthe area to be designated a new enterprise zone to the political boundariesestablished by the latest decennial census, unless otherwise approved bythe director;
(3) The area satisfies the requirements prescribed in subdivisions(3), (4) and (5) of section 135.205 according to the latest decennialcensus or other appropriate source as approved by the director;
(4) The governing authority satisfies the requirements prescribed insections 135.210, 135.215 and 135.255;
(5) The director finds that the area is unlikely to supportreasonable tax assessment or to experience reasonable economic growthwithout such designation; and
(6) The director's recommendation that the area be designated as anenterprise zone is approved by the joint committee on economic developmentpolicy and planning, as otherwise required in subsection 3 of section135.210.
6. Any taxpayer having established a new business facility in anenterprise zone except one designated pursuant to subsection 5 of thissection, who did not earn the tax credits authorized in sections 135.225and 135.235 and the exemption allowed in section 135.220 for the fullten-year period because of the fifteen-year limitation as prescribed insubsection 1 of this section, shall be granted such benefits for ten taxyears, less the number of tax years the benefits were claimed or could havebeen claimed prior to the expiration of the original fifteen-year period,except that such tax benefits shall not be earned for more than seven taxperiods during the ensuing seven-year period, provided the taxpayercontinues to operate the new business facility in an area that isdesignated an enterprise zone pursuant to subsection 5 of this section.Any taxpayer who establishes a new business facility subsequent to thecommencement of the ensuing seven-year period, as authorized in subsection5 of this section, may qualify for the tax credits authorized in sections135.225 and 135.235, and the exemptions authorized in sections 135.215 and135.220, pursuant to the same terms and conditions as prescribed insections 135.100 to 135.256. The designation of any enterprise zonepursuant to subsection 5 of this section shall not be subject to the fiftyenterprise zone limitation imposed in subsection 4 of section 135.210.
Tax credits and exemptions, maximum period granted--calculationformula--employee requirements, waived or reduced, when--motorcarrier, tax credits, conditions--expansion of boundaries ofenterprise zone--petition for additional period, qualifications.
135.230. 1. The exemption or credit established and allowed bysection 135.220 and the credits allowed and established by subdivisions(1), (2), (3) and (4) of subsection 1 of section 135.225 shall be grantedwith respect to any new business facility located within an enterprise zonefor a vested period not to exceed ten years following the date upon whichthe new business facility commences operation within the enterprise zoneand such exemption shall be calculated, for each succeeding year ofeligibility, in accordance with the formulas applied in the initial year inwhich the new business facility is certified as such, subject, however, tothe limitation that all such credits allowed in sections 135.225 and135.235 and the exemption allowed in section 135.220 shall be removed notlater than fifteen years after the enterprise zone is designated as such.No credits shall be allowed pursuant to subdivision (1), (2), (3) or (4) ofsubsection 1 of section 135.225 or section 135.235 and no exemption shallbe allowed pursuant to section 135.220 unless the number of new businessfacility employees engaged or maintained in employment at the new businessfacility for the taxable year for which the credit is claimed equals orexceeds two or the new business facility is a revenue-producing enterpriseas defined in paragraph (d) of subdivision (6) of section 135.200. Inorder to qualify for either the exemption pursuant to section 135.220 orthe credit pursuant to subdivision (4) of subsection 1 of section 135.225,or both, it shall be required that at least thirty percent of new businessfacility employees, as determined by subsection 4 of section 135.110, meetthe criteria established in section 135.240 or are residents of anenterprise zone or some combination thereof, except taxpayers who establisha new business facility by operating a revenue-producing enterprise asdefined in paragraph (d) of subdivision (6) of section 135.200 or anytaxpayer that is an insurance company that established a new businessfacility satisfying the requirements of subdivision (8) of section 135.100located within an enterprise zone after June 30, 1993, and before December31, 1994, and that employs in excess of three hundred fifty new businessfacility employees at such facility each tax period for which the creditsallowable pursuant to subdivisions (1) to (4) of subsection 1 of section135.225 are claimed shall not be required to meet such requirement. A newbusiness facility described as SIC 3751 shall be required to employ fifteenpercent of such employees instead of the required thirty percent. For thepurpose of satisfying the thirty-percent requirement, residents must havelived in the enterprise zone for a period of at least one full calendarmonth and must have been employed at the new business facility for at leastone full calendar month, and persons qualifying because they meet therequirements of section 135.240 must have satisfied such requirement at thetime they were employed by the new business facility and must have beenemployed at the new business facility for at least one full calendar month.The director may temporarily reduce or waive this requirement for anybusiness in an enterprise zone with ten or less full-time employees, andfor businesses with eleven to twenty full-time employees this requirementmay be temporarily reduced. No reduction or waiver may be granted for morethan one tax period and shall not be renewable. The exemptions allowed insections 135.215 and 135.220 and the credits allowed in sections 135.225and 135.235 and the refund established and authorized in section 135.245shall not be allowed to any "public utility", as such term is defined insection 386.020, RSMo. For the purposes of achieving the fifteen-percentemployment requirement set forth in this subsection, a new businessfacility described as NAICS 336991 may count employees who were residentsof the enterprise zone at the time they were employed by the new businessfacility and for at least ninety days thereafter, regardless of whethersuch employees continue to reside in the enterprise zone, so long as theemployees remain employed by the new business facility and residents of thestate of Missouri.
2. Notwithstanding the provisions of subsection 1 of this section,motor carriers, barge lines or railroads engaged in transporting propertyfor hire or any interexchange telecommunications company that establish anew business facility shall be eligible to qualify for the exemptionsallowed in sections 135.215 and 135.220, and the credits allowed insections 135.225 and 135.235 and the refund established and authorized insection 135.245, except that trucks, truck-trailers, truck semitrailers,rail or barge vehicles or other rolling stock for hire, track, switches,bridges, barges, tunnels, rail yards and spurs shall not constitute newbusiness facility investment nor shall truck drivers or rail or bargevehicle operators constitute new business facility employees.
3. Notwithstanding any other provision of sections 135.200 to 135.256to the contrary, motor carriers establishing a new business facility on orafter January 1, 1993, but before January 1, 1995, may qualify for the taxcredits available pursuant to sections 135.225 and 135.235 and theexemption provided in section 135.220, even if such new business facilityhas not satisfied the employee criteria, provided that such taxpayeremploys an average of at least two hundred persons at such facility,exclusive of truck drivers and provided that such taxpayer maintains anaverage investment of at least ten million dollars at such facility,exclusive of rolling stock, during the tax period for which such creditsand exemption are being claimed.
4. Any governing authority having jurisdiction of an area that hasbeen designated an enterprise zone may petition the department to expandthe boundaries of such existing enterprise zone. The director may approvesuch expansion if the director finds that:
(1) The area to be expanded meets the requirements prescribed insection 135.207 or 135.210, whichever is applicable;
(2) The area to be expanded is contiguous to the existing enterprisezone; and
(3) The number of expansions do not exceed three after August 28,1994.
5. Notwithstanding the fifteen-year limitation as prescribed insubsection 1 of this section, any governing authority having jurisdictionof an area that has been designated as an enterprise zone by the director,except one designated pursuant to this subsection, may file a petition, asprescribed by the director, for redesignation of such area for anadditional period not to exceed seven years following the fifteenthanniversary of the enterprise zone's initial designation date; provided:
(1) The petition is filed with the director within three years priorto the date the tax credits authorized in sections 135.225 and 135.235 andthe exemption allowed in section 135.220 are required to be removedpursuant to subsection 1 of this section;
(2) The governing authority identifies and conforms the boundaries ofthe area to be designated a new enterprise zone to the political boundariesestablished by the latest decennial census, unless otherwise approved bythe director;
(3) The area satisfies the requirements prescribed in subdivisions(3), (4) and (5) of section 135.205 according to the latest decennialcensus or other appropriate source as approved by the director;
(4) The governing authority satisfies the requirements prescribed insections 135.210, 135.215 and 135.255;
(5) The director finds that the area is unlikely to supportreasonable tax assessment or to experience reasonable economic growthwithout such designation; and
(6) The director's recommendation that the area be designated as anenterprise zone is approved by the joint committee on economic developmentpolicy and planning, as otherwise required in subsection 3 of section135.210.
6. Any taxpayer having established a new business facility in anenterprise zone except one designated pursuant to subsection 5 of thissection, who did not earn the tax credits authorized in sections 135.225and 135.235 and the exemption allowed in section 135.220 for the fullten-year period because of the fifteen-year limitation as prescribed insubsection 1 of this section, shall be granted such benefits for ten taxyears, less the number of tax years the benefits were claimed or could havebeen claimed prior to the expiration of the original fifteen-year period,except that such tax benefits shall not be earned for more than seven taxperiods during the ensuing seven-year period, provided the taxpayercontinues to operate the new business facility in an area that isdesignated an enterprise zone pursuant to subsection 5 of this section.Any taxpayer who establishes a new business facility subsequent to thecommencement of the ensuing seven-year period, as authorized in subsection5 of this section, may qualify for the tax credits authorized in sections135.225 and 135.235, and the exemptions authorized in sections 135.215 and135.220, pursuant to the same terms and conditions as prescribed insections 135.100 to 135.256. The designation of any enterprise zonepursuant to subsection 5 of this section shall not be subject to the fiftyenterprise zone limitation imposed in subsection 4 of section 135.210.
Tax credits and exemptions, maximum period granted--calculationformula--employee requirements, waived or reduced, when--motorcarrier, tax credits, conditions--expansion of boundaries ofenterprise zone--petition for additional period, qualifications.
135.230. 1. The exemption or credit established and allowed bysection 135.220 and the credits allowed and established by subdivisions(1), (2), (3) and (4) of subsection 1 of section 135.225 shall be grantedwith respect to any new business facility located within an enterprise zonefor a vested period not to exceed ten years following the date upon whichthe new business facility commences operation within the enterprise zoneand such exemption shall be calculated, for each succeeding year ofeligibility, in accordance with the formulas applied in the initial year inwhich the new business facility is certified as such, subject, however, tothe limitation that all such credits allowed in sections 135.225 and135.235 and the exemption allowed in section 135.220 shall be removed notlater than fifteen years after the enterprise zone is designated as such.No credits shall be allowed pursuant to subdivision (1), (2), (3) or (4) ofsubsection 1 of section 135.225 or section 135.235 and no exemption shallbe allowed pursuant to section 135.220 unless the number of new businessfacility employees engaged or maintained in employment at the new businessfacility for the taxable year for which the credit is claimed equals orexceeds two or the new business facility is a revenue-producing enterpriseas defined in paragraph (d) of subdivision (6) of section 135.200. Inorder to qualify for either the exemption pursuant to section 135.220 orthe credit pursuant to subdivision (4) of subsection 1 of section 135.225,or both, it shall be required that at least thirty percent of new businessfacility employees, as determined by subsection 4 of section 135.110, meetthe criteria established in section 135.240 or are residents of anenterprise zone or some combination thereof, except taxpayers who establisha new business facility by operating a revenue-producing enterprise asdefined in paragraph (d) of subdivision (6) of section 135.200 or anytaxpayer that is an insurance company that established a new businessfacility satisfying the requirements of subdivision (8) of section 135.100located within an enterprise zone after June 30, 1993, and before December31, 1994, and that employs in excess of three hundred fifty new businessfacility employees at such facility each tax period for which the creditsallowable pursuant to subdivisions (1) to (4) of subsection 1 of section135.225 are claimed shall not be required to meet such requirement. A newbusiness facility described as SIC 3751 shall be required to employ fifteenpercent of such employees instead of the required thirty percent. For thepurpose of satisfying the thirty-percent requirement, residents must havelived in the enterprise zone for a period of at least one full calendarmonth and must have been employed at the new business facility for at leastone full calendar month, and persons qualifying because they meet therequirements of section 135.240 must have satisfied such requirement at thetime they were employed by the new business facility and must have beenemployed at the new business facility for at least one full calendar month.The director may temporarily reduce or waive this requirement for anybusiness in an enterprise zone with ten or less full-time employees, andfor businesses with eleven to twenty full-time employees this requirementmay be temporarily reduced. No reduction or waiver may be granted for morethan one tax period and shall not be renewable. The exemptions allowed insections 135.215 and 135.220 and the credits allowed in sections 135.225and 135.235 and the refund established and authorized in section 135.245shall not be allowed to any "public utility", as such term is defined insection 386.020, RSMo. For the purposes of achieving the fifteen-percentemployment requirement set forth in this subsection, a new businessfacility described as NAICS 336991 may count employees who were residentsof the enterprise zone at the time they were employed by the new businessfacility and for at least ninety days thereafter, regardless of whethersuch employees continue to reside in the enterprise zone, so long as theemployees remain employed by the new business facility and residents of thestate of Missouri.
2. Notwithstanding the provisions of subsection 1 of this section,motor carriers, barge lines or railroads engaged in transporting propertyfor hire or any interexchange telecommunications company that establish anew business facility shall be eligible to qualify for the exemptionsallowed in sections 135.215 and 135.220, and the credits allowed insections 135.225 and 135.235 and the refund established and authorized insection 135.245, except that trucks, truck-trailers, truck semitrailers,rail or barge vehicles or other rolling stock for hire, track, switches,bridges, barges, tunnels, rail yards and spurs shall not constitute newbusiness facility investment nor shall truck drivers or rail or bargevehicle operators constitute new business facility employees.
3. Notwithstanding any other provision of sections 135.200 to 135.256to the contrary, motor carriers establishing a new business facility on orafter January 1, 1993, but before January 1, 1995, may qualify for the taxcredits available pursuant to sections 135.225 and 135.235 and theexemption provided in section 135.220, even if such new business facilityhas not satisfied the employee criteria, provided that such taxpayeremploys an average of at least two hundred persons at such facility,exclusive of truck drivers and provided that such taxpayer maintains anaverage investment of at least ten million dollars at such facility,exclusive of rolling stock, during the tax period for which such creditsand exemption are being claimed.
4. Any governing authority having jurisdiction of an area that hasbeen designated an enterprise zone may petition the department to expandthe boundaries of such existing enterprise zone. The director may approvesuch expansion if the director finds that:
(1) The area to be expanded meets the requirements prescribed insection 135.207 or 135.210, whichever is applicable;
(2) The area to be expanded is contiguous to the existing enterprisezone; and
(3) The number of expansions do not exceed three after August 28,1994.
5. Notwithstanding the fifteen-year limitation as prescribed insubsection 1 of this section, any governing authority having jurisdictionof an area that has been designated as an enterprise zone by the director,except one designated pursuant to this subsection, may file a petition, asprescribed by the director, for redesignation of such area for anadditional period not to exceed seven years following the fifteenthanniversary of the enterprise zone's initial designation date; provided:
(1) The petition is filed with the director within three years priorto the date the tax credits authorized in sections 135.225 and 135.235 andthe exemption allowed in section 135.220 are required to be removedpursuant to subsection 1 of this section;
(2) The governing authority identifies and conforms the boundaries ofthe area to be designated a new enterprise zone to the political boundariesestablished by the latest decennial census, unless otherwise approved bythe director;
(3) The area satisfies the requirements prescribed in subdivisions(3), (4) and (5) of section 135.205 according to the latest decennialcensus or other appropriate source as approved by the director;
(4) The governing authority satisfies the requirements prescribed insections 135.210, 135.215 and 135.255;
(5) The director finds that the area is unlikely to supportreasonable tax assessment or to experience reasonable economic growthwithout such designation; and
(6) The director's recommendation that the area be designated as anenterprise zone is approved by the joint committee on economic developmentpolicy and planning, as otherwise required in subsection 3 of section135.210.
6. Any taxpayer having established a new business facility in anenterprise zone except one designated pursuant to subsection 5 of thissection, who did not earn the tax credits authorized in sections 135.225and 135.235 and the exemption allowed in section 135.220 for the fullten-year period because of the fifteen-year limitation as prescribed insubsection 1 of this section, shall be granted such benefits for ten taxyears, less the number of tax years the benefits were claimed or could havebeen claimed prior to the expiration of the original fifteen-year period,except that such tax benefits shall not be earned for more than seven taxperiods during the ensuing seven-year period, provided the taxpayercontinues to operate the new business facility in an area that isdesignated an enterprise zone pursuant to subsection 5 of this section.Any taxpayer who establishes a new business facility subsequent to thecommencement of the ensuing seven-year period, as authorized in subsection5 of this section, may qualify for the tax credits authorized in sections135.225 and 135.235, and the exemptions authorized in sections 135.215 and135.220, pursuant to the same terms and conditions as prescribed insections 135.100 to 135.256. The designation of any enterprise zonepursuant to subsection 5 of this section shall not be subject to the fiftyenterprise zone limitation imposed in subsection 4 of section 135.210.
