Tax credit authorized, procedure--director of revenueduties--rulemaking authority--sunset provision.
135.710. 1. As used in this section, the following terms mean:
(1) "Alternative fuels", any motor fuel at least seventy percent ofthe volume of which consists of one or more of the following:
(a) Ethanol;
(b) Natural gas;
(c) Compressed natural gas;
(d) Liquified natural gas;
(e) Liquified petroleum gas;
(f) Any mixture of biodiesel and diesel fuel, without regard to anyuse of kerosene;
(g) Hydrogen;
(2) "Department", the department of natural resources;
(3) "Eligible applicant", a business entity that is the owner of aqualified alternative fuel vehicle refueling property;
(4) "Qualified alternative fuel vehicle refueling property", propertyin this state owned by an eligible applicant and used for storingalternative fuels and for dispensing such alternative fuels into fuel tanksof motor vehicles owned by such eligible applicant or private citizenswhich, if constructed after August 28, 2008, was constructed with at leastfifty-one percent of the costs being paid to qualified Missouri contractorsfor the:
(a) Fabrication of premanufactured equipment or process piping usedin the construction of such facility;
(b) Construction of such facility; and
(c) General maintenance of such facility during the time period inwhich such facility receives any tax credit under this section.
If no qualified Missouri contractor is located within seventy-five miles ofthe property, the requirement that fifty-one percent of the costs shall bepaid to qualified Missouri contractors shall not apply;
(5) "Qualified Missouri contractor", a contractor whose principalplace of business is located in Missouri and has been located in Missourifor a period of not less than five years.
2. For all tax years beginning on or after January 1, 2009, butbefore January 1, 2012, any eligible applicant who installs and operates aqualified alternative fuel vehicle refueling property shall be allowed acredit against the tax otherwise due under chapter 143, RSMo, excludingwithholding tax imposed by sections 143.191 to 143.265, RSMo, or due underchapter 147, RSMo, or chapter 148, RSMo, for any tax year in which theapplicant is constructing the refueling property. The credit allowed inthis section per eligible applicant shall not exceed the lesser of twentythousand dollars or twenty percent of the total costs directly associatedwith the purchase and installation of any alternative fuel storage anddispensing equipment on any qualified alternative fuel vehicle refuelingproperty, which shall not include the following:
(1) Costs associated with the purchase of land upon which to place aqualified alternative fuel vehicle refueling property;
(2) Costs associated with the purchase of an existing qualifiedalternative fuel vehicle refueling property; or
(3) Costs for the construction or purchase of any structure.
3. Tax credits allowed by this section shall be claimed by theeligible applicant at the time such applicant files a return for the taxyear in which the storage and dispensing facilities were placed in serviceat a qualified alternative fuel vehicle refueling property, and shall beapplied against the income tax liability imposed by chapter 143, RSMo,chapter 147, RSMo, or chapter 148, RSMo, after all other credits providedby law have been applied. The cumulative amount of tax credits which maybe claimed by eligible applicants claiming all credits authorized in thissection shall not exceed the following amounts:
(1) In taxable year 2009, three million dollars;
(2) In taxable year 2010, two million dollars; and
(3) In taxable year 2011, one million dollars.
4. If the amount of the tax credit exceeds the eligible applicant'stax liability, the difference shall not be refundable. Any amount ofcredit that an eligible applicant is prohibited by this section fromclaiming in a taxable year may be carried forward to any of suchapplicant's two subsequent taxable years. Tax credits allowed under thissection may be assigned, transferred, sold, or otherwise conveyed.
5. An alternative fuel vehicle refueling property, for which aneligible applicant receives tax credits under this section, which ceases tosell alternative fuel shall cause the forfeiture of such eligibleapplicant's tax credits provided under this section for the taxable year inwhich the alternative fuel vehicle refueling property ceased to sellalternative fuel and for future taxable years with no recapture of taxcredits obtained by an eligible applicant with respect to such applicant'stax years which ended before the sale of alternative fuel ceased.
6. The director of revenue shall establish the procedure by which thetax credits in this section may be claimed, and shall establish a procedureby which the cumulative amount of tax credits is apportioned equally amongall eligible applicants claiming the credit. To the maximum extentpossible, the director of revenue shall establish the procedure describedin this subsection in such a manner as to ensure that eligible applicantscan claim all the tax credits possible up to the cumulative amount of taxcredits available for the taxable year. No eligible applicant claiming atax credit under this section shall be liable for any interest or penaltyfor filing a tax return after the date fixed for filing such return as aresult of the apportionment procedure under this subsection.
7. Any eligible applicant desiring to claim a tax credit under thissection shall submit the appropriate application for such credit with thedepartment. The application for a tax credit under this section shallinclude any information required by the department. The department shallreview the applications and certify to the department of revenue eacheligible applicant that qualifies for the tax credit.
8. The department and the department of revenue may promulgate rulesto implement the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
9. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall automatically sunset six years after August 28, 2008, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on December thirty-first of thecalendar year immediately following the calendar year in which the programauthorized under this section is sunset.
Tax credit authorized, procedure--director of revenueduties--rulemaking authority--sunset provision.
135.710. 1. As used in this section, the following terms mean:
(1) "Alternative fuels", any motor fuel at least seventy percent ofthe volume of which consists of one or more of the following:
(a) Ethanol;
(b) Natural gas;
(c) Compressed natural gas;
(d) Liquified natural gas;
(e) Liquified petroleum gas;
(f) Any mixture of biodiesel and diesel fuel, without regard to anyuse of kerosene;
(g) Hydrogen;
(2) "Department", the department of natural resources;
(3) "Eligible applicant", a business entity that is the owner of aqualified alternative fuel vehicle refueling property;
(4) "Qualified alternative fuel vehicle refueling property", propertyin this state owned by an eligible applicant and used for storingalternative fuels and for dispensing such alternative fuels into fuel tanksof motor vehicles owned by such eligible applicant or private citizenswhich, if constructed after August 28, 2008, was constructed with at leastfifty-one percent of the costs being paid to qualified Missouri contractorsfor the:
(a) Fabrication of premanufactured equipment or process piping usedin the construction of such facility;
(b) Construction of such facility; and
(c) General maintenance of such facility during the time period inwhich such facility receives any tax credit under this section.
If no qualified Missouri contractor is located within seventy-five miles ofthe property, the requirement that fifty-one percent of the costs shall bepaid to qualified Missouri contractors shall not apply;
(5) "Qualified Missouri contractor", a contractor whose principalplace of business is located in Missouri and has been located in Missourifor a period of not less than five years.
2. For all tax years beginning on or after January 1, 2009, butbefore January 1, 2012, any eligible applicant who installs and operates aqualified alternative fuel vehicle refueling property shall be allowed acredit against the tax otherwise due under chapter 143, RSMo, excludingwithholding tax imposed by sections 143.191 to 143.265, RSMo, or due underchapter 147, RSMo, or chapter 148, RSMo, for any tax year in which theapplicant is constructing the refueling property. The credit allowed inthis section per eligible applicant shall not exceed the lesser of twentythousand dollars or twenty percent of the total costs directly associatedwith the purchase and installation of any alternative fuel storage anddispensing equipment on any qualified alternative fuel vehicle refuelingproperty, which shall not include the following:
(1) Costs associated with the purchase of land upon which to place aqualified alternative fuel vehicle refueling property;
(2) Costs associated with the purchase of an existing qualifiedalternative fuel vehicle refueling property; or
(3) Costs for the construction or purchase of any structure.
3. Tax credits allowed by this section shall be claimed by theeligible applicant at the time such applicant files a return for the taxyear in which the storage and dispensing facilities were placed in serviceat a qualified alternative fuel vehicle refueling property, and shall beapplied against the income tax liability imposed by chapter 143, RSMo,chapter 147, RSMo, or chapter 148, RSMo, after all other credits providedby law have been applied. The cumulative amount of tax credits which maybe claimed by eligible applicants claiming all credits authorized in thissection shall not exceed the following amounts:
(1) In taxable year 2009, three million dollars;
(2) In taxable year 2010, two million dollars; and
(3) In taxable year 2011, one million dollars.
4. If the amount of the tax credit exceeds the eligible applicant'stax liability, the difference shall not be refundable. Any amount ofcredit that an eligible applicant is prohibited by this section fromclaiming in a taxable year may be carried forward to any of suchapplicant's two subsequent taxable years. Tax credits allowed under thissection may be assigned, transferred, sold, or otherwise conveyed.
5. An alternative fuel vehicle refueling property, for which aneligible applicant receives tax credits under this section, which ceases tosell alternative fuel shall cause the forfeiture of such eligibleapplicant's tax credits provided under this section for the taxable year inwhich the alternative fuel vehicle refueling property ceased to sellalternative fuel and for future taxable years with no recapture of taxcredits obtained by an eligible applicant with respect to such applicant'stax years which ended before the sale of alternative fuel ceased.
6. The director of revenue shall establish the procedure by which thetax credits in this section may be claimed, and shall establish a procedureby which the cumulative amount of tax credits is apportioned equally amongall eligible applicants claiming the credit. To the maximum extentpossible, the director of revenue shall establish the procedure describedin this subsection in such a manner as to ensure that eligible applicantscan claim all the tax credits possible up to the cumulative amount of taxcredits available for the taxable year. No eligible applicant claiming atax credit under this section shall be liable for any interest or penaltyfor filing a tax return after the date fixed for filing such return as aresult of the apportionment procedure under this subsection.
7. Any eligible applicant desiring to claim a tax credit under thissection shall submit the appropriate application for such credit with thedepartment. The application for a tax credit under this section shallinclude any information required by the department. The department shallreview the applications and certify to the department of revenue eacheligible applicant that qualifies for the tax credit.
8. The department and the department of revenue may promulgate rulesto implement the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
9. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall automatically sunset six years after August 28, 2008, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on December thirty-first of thecalendar year immediately following the calendar year in which the programauthorized under this section is sunset.
Tax credit authorized, procedure--director of revenueduties--rulemaking authority--sunset provision.
135.710. 1. As used in this section, the following terms mean:
(1) "Alternative fuels", any motor fuel at least seventy percent ofthe volume of which consists of one or more of the following:
(a) Ethanol;
(b) Natural gas;
(c) Compressed natural gas;
(d) Liquified natural gas;
(e) Liquified petroleum gas;
(f) Any mixture of biodiesel and diesel fuel, without regard to anyuse of kerosene;
(g) Hydrogen;
(2) "Department", the department of natural resources;
(3) "Eligible applicant", a business entity that is the owner of aqualified alternative fuel vehicle refueling property;
(4) "Qualified alternative fuel vehicle refueling property", propertyin this state owned by an eligible applicant and used for storingalternative fuels and for dispensing such alternative fuels into fuel tanksof motor vehicles owned by such eligible applicant or private citizenswhich, if constructed after August 28, 2008, was constructed with at leastfifty-one percent of the costs being paid to qualified Missouri contractorsfor the:
(a) Fabrication of premanufactured equipment or process piping usedin the construction of such facility;
(b) Construction of such facility; and
(c) General maintenance of such facility during the time period inwhich such facility receives any tax credit under this section.
If no qualified Missouri contractor is located within seventy-five miles ofthe property, the requirement that fifty-one percent of the costs shall bepaid to qualified Missouri contractors shall not apply;
(5) "Qualified Missouri contractor", a contractor whose principalplace of business is located in Missouri and has been located in Missourifor a period of not less than five years.
2. For all tax years beginning on or after January 1, 2009, butbefore January 1, 2012, any eligible applicant who installs and operates aqualified alternative fuel vehicle refueling property shall be allowed acredit against the tax otherwise due under chapter 143, RSMo, excludingwithholding tax imposed by sections 143.191 to 143.265, RSMo, or due underchapter 147, RSMo, or chapter 148, RSMo, for any tax year in which theapplicant is constructing the refueling property. The credit allowed inthis section per eligible applicant shall not exceed the lesser of twentythousand dollars or twenty percent of the total costs directly associatedwith the purchase and installation of any alternative fuel storage anddispensing equipment on any qualified alternative fuel vehicle refuelingproperty, which shall not include the following:
(1) Costs associated with the purchase of land upon which to place aqualified alternative fuel vehicle refueling property;
(2) Costs associated with the purchase of an existing qualifiedalternative fuel vehicle refueling property; or
(3) Costs for the construction or purchase of any structure.
3. Tax credits allowed by this section shall be claimed by theeligible applicant at the time such applicant files a return for the taxyear in which the storage and dispensing facilities were placed in serviceat a qualified alternative fuel vehicle refueling property, and shall beapplied against the income tax liability imposed by chapter 143, RSMo,chapter 147, RSMo, or chapter 148, RSMo, after all other credits providedby law have been applied. The cumulative amount of tax credits which maybe claimed by eligible applicants claiming all credits authorized in thissection shall not exceed the following amounts:
(1) In taxable year 2009, three million dollars;
(2) In taxable year 2010, two million dollars; and
(3) In taxable year 2011, one million dollars.
4. If the amount of the tax credit exceeds the eligible applicant'stax liability, the difference shall not be refundable. Any amount ofcredit that an eligible applicant is prohibited by this section fromclaiming in a taxable year may be carried forward to any of suchapplicant's two subsequent taxable years. Tax credits allowed under thissection may be assigned, transferred, sold, or otherwise conveyed.
5. An alternative fuel vehicle refueling property, for which aneligible applicant receives tax credits under this section, which ceases tosell alternative fuel shall cause the forfeiture of such eligibleapplicant's tax credits provided under this section for the taxable year inwhich the alternative fuel vehicle refueling property ceased to sellalternative fuel and for future taxable years with no recapture of taxcredits obtained by an eligible applicant with respect to such applicant'stax years which ended before the sale of alternative fuel ceased.
6. The director of revenue shall establish the procedure by which thetax credits in this section may be claimed, and shall establish a procedureby which the cumulative amount of tax credits is apportioned equally amongall eligible applicants claiming the credit. To the maximum extentpossible, the director of revenue shall establish the procedure describedin this subsection in such a manner as to ensure that eligible applicantscan claim all the tax credits possible up to the cumulative amount of taxcredits available for the taxable year. No eligible applicant claiming atax credit under this section shall be liable for any interest or penaltyfor filing a tax return after the date fixed for filing such return as aresult of the apportionment procedure under this subsection.
7. Any eligible applicant desiring to claim a tax credit under thissection shall submit the appropriate application for such credit with thedepartment. The application for a tax credit under this section shallinclude any information required by the department. The department shallreview the applications and certify to the department of revenue eacheligible applicant that qualifies for the tax credit.
8. The department and the department of revenue may promulgate rulesto implement the provisions of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
9. Pursuant to section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall automatically sunset six years after August 28, 2008, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on December thirty-first of thecalendar year immediately following the calendar year in which the programauthorized under this section is sunset.
