Information required to be submitted with tax creditapplications--certain information required for specific taxcredits--rulemaking authority--requirements to apply to certainrecipients, when--duties of agencies.
135.802. 1. Beginning January 1, 2005, all applications for all taxcredit programs shall include, in addition to any requirements provided bythe enacting statutes of a particular credit program, the followinginformation to be submitted to the department administering the tax credit:
(1) Name, address, and phone number of the applicant or applicants,and the name, address, and phone number of a contact person or agent forthe applicant or applicants;
(2) Taxpayer type, whether individual, corporation, nonprofit orother, and taxpayer identification number, if applicable;
(3) Standard industry code, if applicable;
(4) Program name and type of tax credit, including the identity ofany other state or federal program being utilized for the same activity orproject; and
(5) Number of estimated jobs to be created, as a result of the taxcredits, if applicable, separated by construction, part-time permanent, andfull-time permanent.
2. In addition to the information required by subsection 1 of thissection, an applicant for a community development tax credit shall alsoprovide information detailing the title and location of the correspondingproject, the estimated time period for completion of the project, and allgeographic areas impacted by the project.
3. In addition to the information required by subsection 1 of thissection, an applicant for a redevelopment tax credit shall also provideinformation detailing the location and legal description of the property,age of the structure, if applicable, whether the property is residential,commercial, or governmental, and the projected project cost, labor cost,and projected date of completion. Where a redevelopment tax creditapplicant is required to submit contemporaneously a federal application fora similar credit on the same underlying project, the submission of a copyof the federal application shall be sufficient to meet the requirements ofthis subsection.
4. In addition to the information required by subsection 1 of thissection, an applicant for a business recruitment tax credit shall alsoprovide information detailing the category of business by size, the addressof the business headquarters and all offices located within this state, thenumber of employees at the time of the application, the number of employeesprojected to increase as a result of the completion of the project, and theestimated project cost.
5. In addition to the information required by subsection 1 of thissection, an applicant for a training and educational tax credit shall alsoprovide information detailing the name and address of the educationalinstitution to be used, the average salary of workers to be served, theestimated project cost, and the number of employees and number of studentsto be served.
6. In addition to the information required by subsection 1 of thissection, an applicant for a housing tax credit also shall provideinformation detailing the address, legal description, and fair market valueof the property, and the projected labor cost and projected completion dateof the project. Where a housing tax credit applicant is required to submitcontemporaneously a federal application for a similar credit on the sameunderlying project, the submission of a copy of the federal applicationshall be sufficient to meet the requirements of this subsection. For thepurposes of this subsection, "fair market value" means the value as of thepurchase of the property or the most recent assessment, whichever is morerecent.
7. In addition to the information required by subsection 1 of thissection, an applicant for an entrepreneurial tax credit shall also provideinformation detailing the amount of investment and the names of theproject, fund, and research project.
8. In addition to the information required by subsection 1 of thissection, an applicant for an agricultural tax credit shall also provideinformation detailing the type of agricultural commodity, the amount ofcontribution, the type of equipment purchased, and the name and descriptionof the facility.
9. In addition to the information required by subsection 1 of thissection, an applicant for an environmental tax credit shall also includeinformation detailing the type of equipment, if applicable, purchased andany environmental impact statement, if required by state or federal law.
10. An administering agency may, by rule, require additionalinformation to be submitted by an applicant. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdpursuant to the authority delegated in this section shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and if applicable, section 536.028, RSMo. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general 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, 2004, shall be void.
11. Where the sole requirement for receiving a tax credit in theenabling legislation of any tax credit is an obligatory assessment upon ataxpayer or a monetary contribution to a particular group or entity, theapplication requirements provided in this section shall apply to therecipient of such assessment or contribution and shall not apply to theassessed nor the contributor.
12. It shall be the duty of each administering agency to provideinformation to every applicant, at some time prior to authorization of anapplicant's tax credit application, wherein the requirements of thissection, the annual reporting requirements of section 135.805, and thepenalty provisions of section 135.810 are described in detail.
Information required to be submitted with tax creditapplications--certain information required for specific taxcredits--rulemaking authority--requirements to apply to certainrecipients, when--duties of agencies.
135.802. 1. Beginning January 1, 2005, all applications for all taxcredit programs shall include, in addition to any requirements provided bythe enacting statutes of a particular credit program, the followinginformation to be submitted to the department administering the tax credit:
(1) Name, address, and phone number of the applicant or applicants,and the name, address, and phone number of a contact person or agent forthe applicant or applicants;
(2) Taxpayer type, whether individual, corporation, nonprofit orother, and taxpayer identification number, if applicable;
(3) Standard industry code, if applicable;
(4) Program name and type of tax credit, including the identity ofany other state or federal program being utilized for the same activity orproject; and
(5) Number of estimated jobs to be created, as a result of the taxcredits, if applicable, separated by construction, part-time permanent, andfull-time permanent.
2. In addition to the information required by subsection 1 of thissection, an applicant for a community development tax credit shall alsoprovide information detailing the title and location of the correspondingproject, the estimated time period for completion of the project, and allgeographic areas impacted by the project.
3. In addition to the information required by subsection 1 of thissection, an applicant for a redevelopment tax credit shall also provideinformation detailing the location and legal description of the property,age of the structure, if applicable, whether the property is residential,commercial, or governmental, and the projected project cost, labor cost,and projected date of completion. Where a redevelopment tax creditapplicant is required to submit contemporaneously a federal application fora similar credit on the same underlying project, the submission of a copyof the federal application shall be sufficient to meet the requirements ofthis subsection.
4. In addition to the information required by subsection 1 of thissection, an applicant for a business recruitment tax credit shall alsoprovide information detailing the category of business by size, the addressof the business headquarters and all offices located within this state, thenumber of employees at the time of the application, the number of employeesprojected to increase as a result of the completion of the project, and theestimated project cost.
5. In addition to the information required by subsection 1 of thissection, an applicant for a training and educational tax credit shall alsoprovide information detailing the name and address of the educationalinstitution to be used, the average salary of workers to be served, theestimated project cost, and the number of employees and number of studentsto be served.
6. In addition to the information required by subsection 1 of thissection, an applicant for a housing tax credit also shall provideinformation detailing the address, legal description, and fair market valueof the property, and the projected labor cost and projected completion dateof the project. Where a housing tax credit applicant is required to submitcontemporaneously a federal application for a similar credit on the sameunderlying project, the submission of a copy of the federal applicationshall be sufficient to meet the requirements of this subsection. For thepurposes of this subsection, "fair market value" means the value as of thepurchase of the property or the most recent assessment, whichever is morerecent.
7. In addition to the information required by subsection 1 of thissection, an applicant for an entrepreneurial tax credit shall also provideinformation detailing the amount of investment and the names of theproject, fund, and research project.
8. In addition to the information required by subsection 1 of thissection, an applicant for an agricultural tax credit shall also provideinformation detailing the type of agricultural commodity, the amount ofcontribution, the type of equipment purchased, and the name and descriptionof the facility.
9. In addition to the information required by subsection 1 of thissection, an applicant for an environmental tax credit shall also includeinformation detailing the type of equipment, if applicable, purchased andany environmental impact statement, if required by state or federal law.
10. An administering agency may, by rule, require additionalinformation to be submitted by an applicant. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdpursuant to the authority delegated in this section shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and if applicable, section 536.028, RSMo. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general 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, 2004, shall be void.
11. Where the sole requirement for receiving a tax credit in theenabling legislation of any tax credit is an obligatory assessment upon ataxpayer or a monetary contribution to a particular group or entity, theapplication requirements provided in this section shall apply to therecipient of such assessment or contribution and shall not apply to theassessed nor the contributor.
12. It shall be the duty of each administering agency to provideinformation to every applicant, at some time prior to authorization of anapplicant's tax credit application, wherein the requirements of thissection, the annual reporting requirements of section 135.805, and thepenalty provisions of section 135.810 are described in detail.
Information required to be submitted with tax creditapplications--certain information required for specific taxcredits--rulemaking authority--requirements to apply to certainrecipients, when--duties of agencies.
135.802. 1. Beginning January 1, 2005, all applications for all taxcredit programs shall include, in addition to any requirements provided bythe enacting statutes of a particular credit program, the followinginformation to be submitted to the department administering the tax credit:
(1) Name, address, and phone number of the applicant or applicants,and the name, address, and phone number of a contact person or agent forthe applicant or applicants;
(2) Taxpayer type, whether individual, corporation, nonprofit orother, and taxpayer identification number, if applicable;
(3) Standard industry code, if applicable;
(4) Program name and type of tax credit, including the identity ofany other state or federal program being utilized for the same activity orproject; and
(5) Number of estimated jobs to be created, as a result of the taxcredits, if applicable, separated by construction, part-time permanent, andfull-time permanent.
2. In addition to the information required by subsection 1 of thissection, an applicant for a community development tax credit shall alsoprovide information detailing the title and location of the correspondingproject, the estimated time period for completion of the project, and allgeographic areas impacted by the project.
3. In addition to the information required by subsection 1 of thissection, an applicant for a redevelopment tax credit shall also provideinformation detailing the location and legal description of the property,age of the structure, if applicable, whether the property is residential,commercial, or governmental, and the projected project cost, labor cost,and projected date of completion. Where a redevelopment tax creditapplicant is required to submit contemporaneously a federal application fora similar credit on the same underlying project, the submission of a copyof the federal application shall be sufficient to meet the requirements ofthis subsection.
4. In addition to the information required by subsection 1 of thissection, an applicant for a business recruitment tax credit shall alsoprovide information detailing the category of business by size, the addressof the business headquarters and all offices located within this state, thenumber of employees at the time of the application, the number of employeesprojected to increase as a result of the completion of the project, and theestimated project cost.
5. In addition to the information required by subsection 1 of thissection, an applicant for a training and educational tax credit shall alsoprovide information detailing the name and address of the educationalinstitution to be used, the average salary of workers to be served, theestimated project cost, and the number of employees and number of studentsto be served.
6. In addition to the information required by subsection 1 of thissection, an applicant for a housing tax credit also shall provideinformation detailing the address, legal description, and fair market valueof the property, and the projected labor cost and projected completion dateof the project. Where a housing tax credit applicant is required to submitcontemporaneously a federal application for a similar credit on the sameunderlying project, the submission of a copy of the federal applicationshall be sufficient to meet the requirements of this subsection. For thepurposes of this subsection, "fair market value" means the value as of thepurchase of the property or the most recent assessment, whichever is morerecent.
7. In addition to the information required by subsection 1 of thissection, an applicant for an entrepreneurial tax credit shall also provideinformation detailing the amount of investment and the names of theproject, fund, and research project.
8. In addition to the information required by subsection 1 of thissection, an applicant for an agricultural tax credit shall also provideinformation detailing the type of agricultural commodity, the amount ofcontribution, the type of equipment purchased, and the name and descriptionof the facility.
9. In addition to the information required by subsection 1 of thissection, an applicant for an environmental tax credit shall also includeinformation detailing the type of equipment, if applicable, purchased andany environmental impact statement, if required by state or federal law.
10. An administering agency may, by rule, require additionalinformation to be submitted by an applicant. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdpursuant to the authority delegated in this section shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and if applicable, section 536.028, RSMo. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested withthe general 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, 2004, shall be void.
11. Where the sole requirement for receiving a tax credit in theenabling legislation of any tax credit is an obligatory assessment upon ataxpayer or a monetary contribution to a particular group or entity, theapplication requirements provided in this section shall apply to therecipient of such assessment or contribution and shall not apply to theassessed nor the contributor.
12. It shall be the duty of each administering agency to provideinformation to every applicant, at some time prior to authorization of anapplicant's tax credit application, wherein the requirements of thissection, the annual reporting requirements of section 135.805, and thepenalty provisions of section 135.810 are described in detail.
