27 | | - | SECTION 1. DO NOT CODIFY. Title. 24 |
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28 | | - | This act shall be known and may be cited as "AR Next Gen". 25 |
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29 | | - | 26 |
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30 | | - | SECTION 2. Arkansas Code § 25 -38-202(b), concerning the Secretary of 27 |
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31 | | - | the Department of Agriculture, is amended to add an additi onal subdivision to 28 |
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32 | | - | read as follows: 29 |
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33 | | - | (5) The secretary shall: 30 |
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34 | | - | (A) Certify financial management programs that would 31 |
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35 | | - | qualify a beginning farmer for the income tax credit allowed under § 26 -51-32 |
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36 | | - | 517; 33 |
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37 | | - | (B) Establish by rule a procedure for certifying financial 34 |
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38 | | - | management programs; and 35 |
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39 | | - | (C) Maintain a list of certified financial management 36 As Engrossed: H3/13/23 HB1003 |
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| 27 | + | SECTION 1. Arkansas Code § 25 -38-202(b), concerning the Secretary of 24 |
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| 28 | + | the Department of Agriculture, is amended to add an additional subdivision to 25 |
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| 29 | + | read as follows: 26 |
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| 30 | + | (5) The secretary shall: 27 |
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| 31 | + | (A) Certify financial management programs that would 28 |
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| 32 | + | qualify a beginning farmer for the income tax credit allo wed under § 26-51-29 |
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| 33 | + | 517; 30 |
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| 34 | + | (B) Establish by rule a procedure for certifying financial 31 |
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| 35 | + | management programs; and 32 |
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| 36 | + | (C) Maintain a list of certified financial management 33 |
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| 37 | + | programs on the website of the department. 34 |
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| 38 | + | 35 |
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| 39 | + | SECTION 2. Arkansas Code Title 26, Chapte r 51, Subchapter 5, is 36 HB1003 |
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44 | | - | programs on the website of the department. 1 |
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45 | | - | 2 |
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46 | | - | SECTION 2. Arkansas Code Title 26, Chapter 51, Subchapter 5, is 3 |
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47 | | - | amended to add an additional section to read as follo ws: 4 |
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48 | | - | 26-51-517. Beginning farmer — Owner of agricultural assets — 5 |
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49 | | - | Definitions. 6 |
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50 | | - | (a) As used in this section: 7 |
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51 | | - | (1) "Agricultural asset" means agricultural land, livestock, 8 |
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52 | | - | facilities, buildings, and machinery used for agricultural production in this 9 |
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53 | | - | state; 10 |
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54 | | - | (2) "Agricultural land" means land that is composed of tracts, 11 |
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55 | | - | lots, or parcels that total: 12 |
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56 | | - | (A) At least ten (10) acres and are devoted to 13 |
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57 | | - | agricultural production; or 14 |
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58 | | - | (B) Less than ten (10) acres that are devoted to 15 |
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59 | | - | agricultural production and that produce an average yearly gross income of at 16 |
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60 | | - | least two thousand five hundred dollars ($2,500) from agricultural 17 |
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61 | | - | production; 18 |
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62 | | - | (3)(A) "Agricultural production" means: 19 |
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63 | | - | (i) Commercial aquaculture, algaculture, apiculture, 20 |
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64 | | - | animal husbandry, or poultry husbandry; 21 |
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65 | | - | (ii) The production for a commercial purpose of 22 |
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66 | | - | timber, field crops, tobacco, fruits, vegetables, nursery stock, ornamental 23 |
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67 | | - | shrubs, ornamental trees, flowers, or sod; 24 |
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68 | | - | (iii) The growth of timber for a noncommercial 25 |
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69 | | - | purpose if the land on which the timber is grown is contiguous to or part of 26 |
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70 | | - | a parcel of land under common ownership that is otherwise devoted exclusively 27 |
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71 | | - | to agricultural use; and 28 |
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72 | | - | (iv) Any combination o f the activities described in 29 |
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73 | | - | subdivisions (a)(3)(A)(i) -(iii) of this section. 30 |
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74 | | - | (B) "Agricultural production" includes: 31 |
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75 | | - | (i) The processing, drying, storage, and marketing 32 |
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76 | | - | of agricultural products when those activities are conducted in conjunction 33 |
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77 | | - | with one (1) or more of the activities described in subdivisions 34 |
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78 | | - | (a)(3)(A)(i)-(iii) of this section; and 35 |
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79 | | - | (ii) Conservation practices, if all or a portion of 36 As Engrossed: H3/13/23 HB1003 |
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| 44 | + | amended to add an additional section to read as follows: 1 |
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| 45 | + | 26-51-517. Beginning farmer — Owner of agricultural assets — 2 |
---|
| 46 | + | Definitions. 3 |
---|
| 47 | + | (a) As used in this section: 4 |
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| 48 | + | (1) "Agricultural asset" means agricultural land, livestock, 5 |
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| 49 | + | facilities, buildings, and machinery used for agricultural production in this 6 |
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| 50 | + | state; 7 |
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| 51 | + | (2) "Agricultural land" means land that is composed of tracts, 8 |
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| 52 | + | lots, or parcels that total: 9 |
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| 53 | + | (A) At least ten (10) acres and are devoted to 10 |
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| 54 | + | agricultural production; or 11 |
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| 55 | + | (B) Less than ten (10) acres that are devoted to 12 |
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| 56 | + | agricultural production and that produce an average yearly gross income of at 13 |
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| 57 | + | least two thousand five hundred dollars ($2,500) from agricultural 14 |
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| 58 | + | production; 15 |
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| 59 | + | (3)(A) "Agricultural production" means: 16 |
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| 60 | + | (i) Commercial aquaculture, algaculture, apiculture, 17 |
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| 61 | + | animal husbandry, or poultry husbandry; 18 |
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| 62 | + | (ii) The production for a commercial purpose of 19 |
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| 63 | + | timber, field crops, tobacco, fruits, vegetables, nursery stock, ornamental 20 |
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| 64 | + | shrubs, ornamental trees, flow ers, or sod; 21 |
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| 65 | + | (iii) The growth of timber for a noncommercial 22 |
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| 66 | + | purpose if the land on which the timber is grown is contiguous to or part of 23 |
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| 67 | + | a parcel of land under common ownership that is otherwise devoted exclusively 24 |
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| 68 | + | to agricultural use; and 25 |
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| 69 | + | (iv) Any combination of the activities described in 26 |
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| 70 | + | subdivisions (a)(3)(A)(i) -(iii) of this section. 27 |
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| 71 | + | (B) "Agricultural production" includes: 28 |
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| 72 | + | (i) The processing, drying, storage, and marketing 29 |
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| 73 | + | of agricultural products when those activities are conduct ed in conjunction 30 |
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| 74 | + | with one (1) or more of the activities described in subdivisions 31 |
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| 75 | + | (a)(3)(A)(i)-(iii) of this section; and 32 |
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| 76 | + | (ii) Conservation practices, if all or a portion of 33 |
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| 77 | + | the tracts, lots, or parcels of land that are used for conservation practice s 34 |
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| 78 | + | comprise not more than twenty -five percent (25%) of the total tracts, lots, 35 |
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| 79 | + | or parcels of land that are otherwise devoted exclusively to agricultural 36 HB1003 |
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84 | | - | the tracts, lots, or parcels of land that are used for conservation practices 1 |
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85 | | - | comprise not more than twenty-five percent (25%) of the total tracts, lots, 2 |
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86 | | - | or parcels of land that are otherwise devoted exclusively to agricultural 3 |
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87 | | - | use; 4 |
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88 | | - | (4) "Beginning farmer" means an individual certified by the 5 |
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89 | | - | Secretary of the Department of Agriculture as a beginning farmer under this 6 |
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90 | | - | section; 7 |
---|
91 | | - | (5)(A) "Owner of agricultural assets" means a person that is the 8 |
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92 | | - | owner in fee of agricultural land or that has legal title to any other 9 |
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93 | | - | agricultural asset. 10 |
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94 | | - | (B) "Owner of agricultural assets" does not include an 11 |
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95 | | - | equipment dealer or comparable entity engaged in the business of selling 12 |
---|
96 | | - | agricultural assets for profit; and 13 |
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97 | | - | (6) "Share rent agreement" means a rental agreement in which the 14 |
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98 | | - | principal consideration given to the owner of agricultural assets is a 15 |
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99 | | - | predetermined portion of the production of the agricultural products produced 16 |
---|
100 | | - | from the rented agricultural assets and that provides for sharing production 17 |
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101 | | - | costs or risk of loss. 18 |
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102 | | - | (b)(1) There is allowed an income tax credit against the income tax 19 |
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103 | | - | imposed by this chapter in the amount determined under subsection (c) of this 20 |
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104 | | - | section for: 21 |
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105 | | - | (A) An owner of agricultural assets who sells or rents 22 |
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106 | | - | agricultural assets to a beginning farmer; and 23 |
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107 | | - | (B) A beginning farmer. 24 |
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108 | | - | (2) The rental of an agricultural asset qual ifies for the credit 25 |
---|
109 | | - | allowed under this section only if the agricultural asset is rented at 26 |
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110 | | - | prevailing community rates, as determined by the Secretary of the Department 27 |
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111 | | - | of Agriculture. 28 |
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112 | | - | (c) The amount of the credit allowed under this section is equal to: 29 |
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113 | | - | (1) For an owner of agricultural assets: 30 |
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114 | | - | (A)(i) Five percent (5%) of the sale price of the 31 |
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115 | | - | agricultural asset. 32 |
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116 | | - | (ii) A credit under subdivision (c)(1)(A)(i) of this 33 |
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117 | | - | section shall be claimed for the taxable year in which the sale of the 34 |
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118 | | - | agricultural asset is consummated; 35 |
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119 | | - | (B)(i) Ten percent (10%) of the gross rental income 36 As Engrossed: H3/13/23 HB1003 |
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| 84 | + | use; 1 |
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| 85 | + | (4) "Beginning farmer" means an individual certified by the 2 |
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| 86 | + | Secretary of the Department of Agric ulture as a beginning farmer under this 3 |
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| 87 | + | section; 4 |
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| 88 | + | (5)(A) "Owner of agricultural assets" means a person that is the 5 |
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| 89 | + | owner in fee of agricultural land or that has legal title to any other 6 |
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| 90 | + | agricultural asset. 7 |
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| 91 | + | (B) "Owner of agricultural assets" does not include an 8 |
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| 92 | + | equipment dealer or comparable entity engaged in the business of selling 9 |
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| 93 | + | agricultural assets for profit; and 10 |
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| 94 | + | (6) "Share rent agreement" means a rental agreement in which the 11 |
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| 95 | + | principal consideration given to the owner of agricultural assets is a 12 |
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| 96 | + | predetermined portion of the production of the agricultural products produced 13 |
---|
| 97 | + | from the rented agricultural assets and that provides for sharing production 14 |
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| 98 | + | costs or risk of loss. 15 |
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| 99 | + | (b)(1) There is allowed an income tax credit against the income tax 16 |
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| 100 | + | imposed by this chapter in the amount determined under subsection (c) of this 17 |
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| 101 | + | section for: 18 |
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| 102 | + | (A) An owner of agricultural assets who sells or rents 19 |
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| 103 | + | agricultural assets to a beginning f armer; and 20 |
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| 104 | + | (B) A beginning farmer. 21 |
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| 105 | + | (2) The rental of an agricultural asset qualifies for the credit 22 |
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| 106 | + | allowed under this section only if the agricultural asset is rented at 23 |
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| 107 | + | prevailing community rates, as determined by the Secretary of the Department 24 |
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| 108 | + | of Agriculture. 25 |
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| 109 | + | (c) The amount of the credit allowed under this section is equal to: 26 |
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| 110 | + | (1) For an owner of agricultural assets: 27 |
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| 111 | + | (A)(i) Five percent (5%) of the sale price of the 28 |
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| 112 | + | agricultural asset. 29 |
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| 113 | + | (ii) A credit under subdivision (c)(1)(A)(i) of this 30 |
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| 114 | + | section shall be claimed for the taxable year in which the sale of the 31 |
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| 115 | + | agricultural asset is consummated; 32 |
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| 116 | + | (B)(i) Ten percent (10%) of the gross rental income 33 |
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| 117 | + | received during each of the first three (3) years of a rental agreement. 34 |
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| 118 | + | (ii) A credit under subdivision (c)(1)(B)(i) of this 35 |
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| 119 | + | section shall be claimed for the three (3) taxable years ending during the 36 HB1003 |
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124 | | - | received during each of the first three (3) years of a rental agreement. 1 |
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125 | | - | (ii) A credit under subdivision (c)(1)(B)(i) of this 2 |
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126 | | - | section shall be claimed for the three (3) taxable years ending during the 3 |
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127 | | - | first three (3) years of the rental agreement. 4 |
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128 | | - | (iii) A taxpayer shall not claim a credit under 5 |
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129 | | - | subdivision (c)(1)(B)(i) of this section for more than one (1) rental 6 |
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130 | | - | agreement involving the rental of the same agricultura l asset to the same 7 |
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131 | | - | beginning farmer; and 8 |
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132 | | - | (C)(i) Fifteen percent (15%) of the cash equivalent of the 9 |
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133 | | - | gross rental income received during each of the first three (3) years of a 10 |
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134 | | - | share rent agreement. 11 |
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135 | | - | (ii) A credit under subdivision (c)(1)(C)(i) of this 12 |
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136 | | - | section shall be claimed for the three (3) taxable years ending during the 13 |
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137 | | - | first three (3) years of the share rent agreement. 14 |
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138 | | - | (iii) A taxpayer shall not claim a credit under 15 |
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139 | | - | subdivision (c)(1)(C)(i) of this section for more than one (1) share ren t 16 |
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140 | | - | agreement involving the rental of the same agricultural asset to the same 17 |
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141 | | - | beginning farmer; and 18 |
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142 | | - | (2) For a beginning farmer, the cost of participating in a 19 |
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143 | | - | financial management program certified by the Secretary of the Department of 20 |
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144 | | - | Agriculture under § 25-38-202 during the taxable year. 21 |
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145 | | - | (d)(1) The total amount of the income tax credits allowed under this 22 |
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146 | | - | section that may be claimed by a taxpayer in a tax year shall not exceed the 23 |
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147 | | - | amount of income tax due by the taxpayer. 24 |
---|
148 | | - | (2) Any unused income tax c redit under this section may be 25 |
---|
149 | | - | carried forward for the following number of years following the tax year in 26 |
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150 | | - | which the income tax credit was earned: 27 |
---|
151 | | - | (A) For an income tax credit claimed under subdivision 28 |
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152 | | - | (c)(1) of this section, fifteen (15) years; and 29 |
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153 | | - | (B) For an income tax credit claimed under subdivision 30 |
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154 | | - | (c)(2) of this section, three (3) years. 31 |
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155 | | - | (e)(1) The Secretary of the Department of Agriculture shall certify an 32 |
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156 | | - | individual as a beginning farmer for purposes of the income tax credit 33 |
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157 | | - | allowed under this section if the individual: 34 |
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158 | | - | (A) Is a resident of this state; 35 |
---|
159 | | - | (B) Is seeking entry or has entered into farming within 36 As Engrossed: H3/13/23 HB1003 |
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| 124 | + | first three (3) years of the rental agreement. 1 |
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| 125 | + | (iii) A taxpayer shall not claim a credit under 2 |
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| 126 | + | subdivision (c)(1)(B)(i) of this secti on for more than one (1) rental 3 |
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| 127 | + | agreement involving the rental of the same agricultural asset to the same 4 |
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| 128 | + | beginning farmer; and 5 |
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| 129 | + | (C)(i) Fifteen percent (15%) of the cash equivalent of the 6 |
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| 130 | + | gross rental income received during each of the first three (3) y ears of a 7 |
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| 131 | + | share rent agreement. 8 |
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| 132 | + | (ii) A credit under subdivision (c)(1)(C)(i) of this 9 |
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| 133 | + | section shall be claimed for the three (3) taxable years ending during the 10 |
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| 134 | + | first three (3) years of the share rent agreement. 11 |
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| 135 | + | (iii) A taxpayer shall not claim a credit under 12 |
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| 136 | + | subdivision (c)(1)(C)(i) of this section for more than one (1) share rent 13 |
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| 137 | + | agreement involving the rental of the same agricultural asset to the same 14 |
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| 138 | + | beginning farmer; and 15 |
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| 139 | + | (2) For a beginning farmer, the cost of participating in a 16 |
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| 140 | + | financial management program certified by the Secretary of the Department of 17 |
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| 141 | + | Agriculture under § 25 -38-202 during the taxable year. 18 |
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| 142 | + | (d)(1) The total amount of the income tax credits allowed under this 19 |
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| 143 | + | section that may be claimed by a taxpayer in a tax year shall no t exceed the 20 |
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| 144 | + | amount of income tax due by the taxpayer. 21 |
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| 145 | + | (2) Any unused income tax credit under this section may be 22 |
---|
| 146 | + | carried forward for the following number of years following the tax year in 23 |
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| 147 | + | which the income tax credit was earned: 24 |
---|
| 148 | + | (A) For an income t ax credit claimed under subdivision 25 |
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| 149 | + | (c)(1) of this section, fifteen (15) years; and 26 |
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| 150 | + | (B) For an income tax credit claimed under subdivision 27 |
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| 151 | + | (c)(2) of this section, three (3) years. 28 |
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| 152 | + | (e)(1) The Secretary of the Department of Agriculture shall certify an 29 |
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| 153 | + | individual as a beginning farmer for purposes of the income tax credit 30 |
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| 154 | + | allowed under this section if the individual: 31 |
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| 155 | + | (A) Is a resident of this state; 32 |
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| 156 | + | (B) Is seeking entry or has entered into farming within 33 |
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| 157 | + | the immediately preceding ten (10) years; 34 |
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| 158 | + | (C) Farms or intends to farm land in this state; 35 |
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| 159 | + | (D)(i) Is, except as provided under subdivision 36 HB1003 |
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164 | | - | the immediately preceding ten (10) years; 1 |
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165 | | - | (C) Farms or intends to farm land in this state; 2 |
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166 | | - | (D)(i) Is, except as provid ed under subdivision 3 |
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167 | | - | (e)(1)(D)(ii) of this section, not related by consanguinity or affinity to: 4 |
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168 | | - | (a) The owner of the agricultural assets from 5 |
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169 | | - | whom the individual is seeking to purchase or rent the agricultural assets; 6 |
---|
170 | | - | or 7 |
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171 | | - | (b) A partner, member, shareholder, or trustee 8 |
---|
172 | | - | of the owner of the agricultural assets from whom the individual is seeking 9 |
---|
173 | | - | to purchase or rent the agricultural assets. 10 |
---|
174 | | - | (ii) The prohibitions on consanguinity or affinity 11 |
---|
175 | | - | under subdivision (e)(1)(D)(i) of this section shall not apply if the 12 |
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176 | | - | individual purchases or rents the agricultural asset for its fair -market 13 |
---|
177 | | - | value; 14 |
---|
178 | | - | (E)(i) Has a total net worth, including the assets and 15 |
---|
179 | | - | liabilities of the individual's spouse and dependents, of less than eight 16 |
---|
180 | | - | hundred thousand dol lars ($800,000) in calendar year 2019. 17 |
---|
181 | | - | (ii) The amount stated in subdivision (e)(1)(E)(i) 18 |
---|
182 | | - | of this section shall be adjusted for inflation annually by multiplying the 19 |
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183 | | - | amount by the cumulative inflation rate as determined by the last Consumer 20 |
---|
184 | | - | Price Index for All Urban Consumers published by the United States Department 21 |
---|
185 | | - | of Labor; 22 |
---|
186 | | - | (F) Provides the majority of the day -to-day physical labor 23 |
---|
187 | | - | for and management of the farm; 24 |
---|
188 | | - | (G) Has adequate farming experience or demonstrates 25 |
---|
189 | | - | knowledge in the type of fa rming for which the individual seeks assistance; 26 |
---|
190 | | - | (H) Submits projected earnings statements and demonstrates 27 |
---|
191 | | - | a profit potential; 28 |
---|
192 | | - | (I) Demonstrates that farming will be a significant source 29 |
---|
193 | | - | of income for the individual; 30 |
---|
194 | | - | (J) Has participated in a f inancial management program 31 |
---|
195 | | - | certified by the Secretary of the Department of Agriculture under § 25 -38-32 |
---|
196 | | - | 202(b)(5); and 33 |
---|
197 | | - | (K) Meets any other requirements prescribed by rule by the 34 |
---|
198 | | - | Secretary of the Department of Agriculture. 35 |
---|
199 | | - | (2) An individual may apply t o the Secretary of the Department 36 As Engrossed: H3/13/23 HB1003 |
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| 164 | + | (e)(1)(D)(ii) of this section, not related by consanguinity or affinity to: 1 |
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| 165 | + | (a) The owner of the agricultural assets from 2 |
---|
| 166 | + | whom the individual is seeking to purchase or rent the agricultural assets; 3 |
---|
| 167 | + | or 4 |
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| 168 | + | (b) A partner, member, shareholder, or trustee 5 |
---|
| 169 | + | of the owner of the agricultural assets from whom the individual is seeking 6 |
---|
| 170 | + | to purchase or rent the agricultural assets. 7 |
---|
| 171 | + | (ii) The prohibitions on consanguinity or affinity 8 |
---|
| 172 | + | under subdivision (e)(1)(D)(i) of this section shall not apply if the 9 |
---|
| 173 | + | individual purchases or rents the agricultural asset for its fair -market 10 |
---|
| 174 | + | value; 11 |
---|
| 175 | + | (E)(i) Has a total net worth, including the assets and 12 |
---|
| 176 | + | liabilities of the individual's spouse and dependents, of less than eight 13 |
---|
| 177 | + | hundred thousand dollars ($800,000) in calendar year 2019. 14 |
---|
| 178 | + | (ii) The amount stated in subdivision (e)(1)(E)(i) 15 |
---|
| 179 | + | of this section shall be adjusted for inflation annually by multiplying the 16 |
---|
| 180 | + | amount by the cumulative inflation rate as determined by the last Consumer 17 |
---|
| 181 | + | Price Index for All Urban Consumers published by the United States Department 18 |
---|
| 182 | + | of Labor; 19 |
---|
| 183 | + | (F) Provides the majority of the day -to-day physical labor 20 |
---|
| 184 | + | for and management of the farm ; 21 |
---|
| 185 | + | (G) Has adequate farming experience or demonstrates 22 |
---|
| 186 | + | knowledge in the type of farming for which the individual seeks assistance; 23 |
---|
| 187 | + | (H) Submits projected earnings statements and demonstrates 24 |
---|
| 188 | + | a profit potential; 25 |
---|
| 189 | + | (I) Demonstrates that farming will be a significant source 26 |
---|
| 190 | + | of income for the individual; 27 |
---|
| 191 | + | (J) Has participated in a financial management program 28 |
---|
| 192 | + | certified by the Secretary of the Department of Agriculture under § 25 -38-29 |
---|
| 193 | + | 202(b)(5); and 30 |
---|
| 194 | + | (K) Meets any other requirements prescribed by rul e by the 31 |
---|
| 195 | + | Secretary of the Department of Agriculture. 32 |
---|
| 196 | + | (2) An individual may apply to the Secretary of the Department 33 |
---|
| 197 | + | of Agriculture for certification as a beginning farmer. 34 |
---|
| 198 | + | (3) A certification under this subsection is valid until the 35 |
---|
| 199 | + | individual no longer meets the requirements for certification. 36 HB1003 |
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204 | | - | of Agriculture for certification as a beginning farmer. 1 |
---|
205 | | - | (3) A certification under this subsection is valid until the 2 |
---|
206 | | - | individual no longer meets the requirements for certification. 3 |
---|
207 | | - | (f)(1) The total amount of state inco me tax credits awarded under this 4 |
---|
208 | | - | section shall not exceed ten million dollars ($10,000,000) per calendar year. 5 |
---|
209 | | - | (2) The Tax Credits and Special Refunds Section of the 6 |
---|
210 | | - | Department of Finance and Administration, or its successor, shall: 7 |
---|
211 | | - | (A) Award the tax credits on a first -come, first-served 8 |
---|
212 | | - | basis from the certification provided to the Tax Credits and Special Refunds 9 |
---|
213 | | - | Section of the Department of Finance and Administration under subsection (g) 10 |
---|
214 | | - | of this section; and 11 |
---|
215 | | - | (B) Notify the Secretary of the Depa rtment of Agriculture 12 |
---|
216 | | - | when the annual cap under subdivision (f)(1) of this section is met. 13 |
---|
217 | | - | (g)(1) A taxpayer who wishes to claim the tax credit available under 14 |
---|
218 | | - | this section shall submit to the Secretary of the Department of Agriculture 15 |
---|
219 | | - | evidence of qualifying expenditures. 16 |
---|
220 | | - | (2) The Secretary of the Department of Agriculture shall review 17 |
---|
221 | | - | a taxpayer's evidence of qualifying contributions and certify the amount of 18 |
---|
222 | | - | contributions for which the taxpayer qualifies. 19 |
---|
223 | | - | (3) Copies of the certification under subd ivision (g)(2) of this 20 |
---|
224 | | - | section shall be provided to the taxpayer and the Tax Credits and Special 21 |
---|
225 | | - | Refunds Section of the Department of Finance and Administration or its 22 |
---|
226 | | - | successor. 23 |
---|
227 | | - | (h) The Secretary of the Department of Finance and Administration and 24 |
---|
228 | | - | the Secretary of the Department of Agriculture may adopt rules to implement 25 |
---|
229 | | - | this section. 26 |
---|
| 204 | + | (f)(1) The total amount of state income tax credits awarded under this 1 |
---|
| 205 | + | section shall not exceed ten million dollars ($10,000,000) per calendar year. 2 |
---|
| 206 | + | (2) The Tax Credits and Special Refunds Section of the 3 |
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| 207 | + | Department of Finance and Administration, or its successor, shall: 4 |
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| 208 | + | (A) Award the tax credits on a first -come, first-served 5 |
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| 209 | + | basis from the certification provided to the Tax Credits and Special Refunds 6 |
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| 210 | + | Section of the Department of Finance and Administrati on under subsection (g) 7 |
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| 211 | + | of this section; and 8 |
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| 212 | + | (B) Notify the Secretary of the Department of Agriculture 9 |
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| 213 | + | when the annual cap under subdivision (f)(1) of this section is met. 10 |
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| 214 | + | (g)(1) A taxpayer who wishes to claim the tax credit available under 11 |
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| 215 | + | this section shall submit to the Secretary of the Department of Agriculture 12 |
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| 216 | + | evidence of qualifying expenditures. 13 |
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| 217 | + | (2) The Secretary of the Department of Agriculture shall review 14 |
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| 218 | + | a taxpayer's evidence of qualifying contributions and certify the amount of 15 |
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| 219 | + | contributions for which the taxpayer qualifies. 16 |
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| 220 | + | (3) Copies of the certification under subdivision (g)(2) of this 17 |
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| 221 | + | section shall be provided to the taxpayer and the Tax Credits and Special 18 |
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| 222 | + | Refunds Section of the Department of Finance and Administration or its 19 |
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| 223 | + | successor. 20 |
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| 224 | + | (h) The Secretary of the Department of Finance and Administration and 21 |
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| 225 | + | the Secretary of the Department of Agriculture may adopt rules to implement 22 |
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| 226 | + | this section. 23 |
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| 227 | + | 24 |
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| 228 | + | SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for tax 25 |
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| 229 | + | years beginning on or after January 1, 2024. 26 |
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231 | | - | SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for tax 28 |
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232 | | - | years beginning on or after January 1, 2024. 29 |
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233 | | - | 30 |
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234 | | - | SECTION 4. DO NOT CODIFY. Rules. 31 |
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235 | | - | (a) When adopting the initial rules required under this act, the 32 |
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236 | | - | Secretary of the Department of Agriculture shall file the final rules with 33 |
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237 | | - | the Secretary of State for adoption under § 25 -15-204(f): 34 |
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238 | | - | (1) On or before January 1, 2024; or 35 |
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239 | | - | (2) If approval under § 10 -3-309 has not occurred by January 1, 36 As Engrossed: H3/13/23 HB1003 |
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| 231 | + | SECTION 4. DO NOT CODIFY. Rules. 28 |
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| 232 | + | (a) When adopting the initial rules required under this act, the 29 |
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| 233 | + | Secretary of the Department of Agriculture shall file the final rules with 30 |
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| 234 | + | the Secretary of State for adoption under § 25-15-204(f): 31 |
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| 235 | + | (1) On or before January 1, 2024; or 32 |
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| 236 | + | (2) If approval under § 10 -3-309 has not occurred by January 1, 33 |
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| 237 | + | 2024, as soon as practicable after approval under § 10 -3-309. 34 |
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| 238 | + | (b) The Secretary of the Department of Agriculture shall file the 35 |
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| 239 | + | proposed rules with the Legislative Council under § 10 -3-309(c) sufficiently 36 HB1003 |
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