1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 190 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR BROWN (16). |
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6 | 6 | | 1420S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 135.800, RSMo, and to enact in lieu thereof two new sections relating to tax |
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9 | 9 | | credits for certain engineering degrees. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Section 135.80 0, RSMo, is repealed and two new 1 |
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13 | 13 | | sections enacted in lieu thereof, to be known as sections 2 |
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14 | 14 | | 135.005 and 135.800, to read as follows:3 |
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15 | 15 | | 135.005. 1. For the purposes of this section, the 1 |
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16 | 16 | | following terms shall mean: 2 |
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17 | 17 | | (1) "Compensation": 3 |
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18 | 18 | | (a) Payments in the form of contract labor for which 4 |
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19 | 19 | | the payer is required to provide a federal tax form 1099 to 5 |
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20 | 20 | | the person paid; 6 |
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21 | 21 | | (b) Wages that are subject to withholding tax imposed 7 |
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22 | 22 | | under sections 143.191 to 143.265 and paid to a part -time 8 |
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23 | 23 | | employee or full-time employee; and 9 |
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24 | 24 | | (c) Any other salary or other remuneration. 10 |
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25 | 25 | | "Compensation" shall not include employer -provided 11 |
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26 | 26 | | retirement, medical or health care benefits, reimbursement 12 |
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27 | 27 | | for travel, meals, lodging, or any other expense; 13 |
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28 | 28 | | (2) "Department", the Missouri department of economic 14 |
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29 | 29 | | development; 15 |
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30 | 30 | | (3) "Qualified employer", a sole proprietorship, 16 |
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31 | 31 | | general partnership, limited partnership, limited liability 17 SB 190 2 |
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32 | 32 | | company, corporation, other legally recognized business 18 |
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33 | 33 | | entity, or public entity registered to do business in this 19 |
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34 | 34 | | state and whose principal business activity involves the 20 |
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35 | 35 | | engineering sector; 21 |
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36 | 36 | | (4) "Qualified institution", any public or private 22 |
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37 | 37 | | institution of higher education that is accredited by a 23 |
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38 | 38 | | regional accrediting body or the engineering accreditation 24 |
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39 | 39 | | commission of the accreditation board for engineering and 25 |
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40 | 40 | | technology (ABET); 26 |
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41 | 41 | | (5) "Qualified program": 27 |
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42 | 42 | | (a) A program that has been accredited by the 28 |
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43 | 43 | | engineering accreditation commission of the accreditation 29 |
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44 | 44 | | board for engineering and technology (ABET) or a regional 30 |
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45 | 45 | | accrediting body and that awards an undergraduate or 31 |
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46 | 46 | | graduate degree in engineering; or 32 |
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47 | 47 | | (b) A program that results in the awarding of a degree 33 |
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48 | 48 | | or certificate that prepares the graduate for gai nful 34 |
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49 | 49 | | employment with a qualified employer; 35 |
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50 | 50 | | (6) "Qualified worker", any person newly employed on a 36 |
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51 | 51 | | full-time basis by or first contracting with a qualified 37 |
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52 | 52 | | employer on a full-time basis on or after January 1, 2026, 38 |
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53 | 53 | | who has been awarded an undergra duate or graduate degree, or 39 |
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54 | 54 | | a technical degree or certificate from a qualified program 40 |
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55 | 55 | | by a qualified institution; 41 |
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56 | 56 | | (7) "State tax liability", any liability incurred by a 42 |
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57 | 57 | | taxpayer pursuant to the provisions of chapter 143, 43 |
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58 | 58 | | exclusive of the provis ions relating to the withholding of 44 |
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59 | 59 | | tax as provided for in sections 143.191 to 143.265 and 45 |
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60 | 60 | | related provisions; 46 |
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61 | 61 | | (8) "Tax credit", a credit against the tax otherwise 47 |
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62 | 62 | | due under chapter 143, excluding withholding tax imposed 48 |
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63 | 63 | | under sections 143.191 to 143.265; 49 SB 190 3 |
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64 | 64 | | (9) "Taxpayer", any individual or qualified employer, 50 |
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65 | 65 | | as defined under this section, subject to the state income 51 |
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66 | 66 | | tax imposed under chapter 143, excluding the withholding tax 52 |
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67 | 67 | | imposed under sections 143.191 to 143.265; 53 |
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68 | 68 | | (10) "Tuition", the amount paid for enrollment, 54 |
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69 | 69 | | program specific course fees, and instruction in a qualified 55 |
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70 | 70 | | program that includes both amounts paid during participation 56 |
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71 | 71 | | in a qualified program or tuition debt upon completion of a 57 |
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72 | 72 | | qualified program. "Tuition" shall not include the cost of 58 |
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73 | 73 | | books, fees other than program specific course fees, or room 59 |
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74 | 74 | | and board. 60 |
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75 | 75 | | 2. (1) For all tax years beginning on or after 61 |
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76 | 76 | | January 1, 2026, a qualified employer shall be allowed a tax 62 |
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77 | 77 | | credit against the qualified employer's s tate tax liability 63 |
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78 | 78 | | for tuition reimbursed to a qualified worker. 64 |
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79 | 79 | | (2) The tax credit may be claimed only if the 65 |
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80 | 80 | | qualified worker has been awarded an undergraduate or 66 |
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81 | 81 | | graduate degree or technical degree or certificate from a 67 |
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82 | 82 | | qualified program withi n one year prior to or following the 68 |
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83 | 83 | | commencement of employment with a qualified employer, and 69 |
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84 | 84 | | may be claimed each year thereafter that the qualified 70 |
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85 | 85 | | worker remains employed or under contract up to the fourth 71 |
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86 | 86 | | year of such employment or contract. 72 |
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87 | 87 | | (3) The tax credit shall be in an amount equal to 73 |
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88 | 88 | | fifty percent of the tuition reimbursed to a qualified 74 |
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89 | 89 | | worker during the tax year for which the tax credit is 75 |
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90 | 90 | | claimed, except that in no event shall the tax credit exceed 76 |
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91 | 91 | | fifty percent of the average an nual amount paid by a 77 |
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92 | 92 | | qualified worker for enrollment and instruction in a 78 |
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93 | 93 | | qualified program, as determined by the department. 79 |
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94 | 94 | | (4) The tax credit shall be applied against the 80 |
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95 | 95 | | qualified employer's state tax liability after all other tax 81 SB 190 4 |
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96 | 96 | | credits have been applied. Tax credits authorized by this 82 |
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97 | 97 | | subsection shall not be transferred, sold, or assigned, and 83 |
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98 | 98 | | shall not be refundable or carried forward to any other tax 84 |
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99 | 99 | | year. 85 |
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100 | 100 | | 3. (1) For all tax years beginning on or after 86 |
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101 | 101 | | January 1, 2026, a qual ified employer shall be allowed a tax 87 |
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102 | 102 | | credit against the qualified employer's state tax liability 88 |
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103 | 103 | | for compensation paid during the tax year to a qualified 89 |
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104 | 104 | | worker. The tax credit may be allowed for the first through 90 |
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105 | 105 | | fifth consecutive years of employmen t or contract of the 91 |
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106 | 106 | | qualified worker. For qualified workers who received an 92 |
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107 | 107 | | undergraduate or graduate degree or technical degree or 93 |
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108 | 108 | | certificate from a qualified program awarded by a qualified 94 |
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109 | 109 | | institution, the tax credit amount shall be equal to ten 95 |
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110 | 110 | | percent of the compensation paid. 96 |
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111 | 111 | | (2) Tax credits authorized by this subsection shall 97 |
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112 | 112 | | not exceed fifteen thousand dollars for any single qualified 98 |
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113 | 113 | | worker in any given tax year and shall not exceed a total of 99 |
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114 | 114 | | seventy-five thousand dollars for any s ingle qualified 100 |
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115 | 115 | | worker. 101 |
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116 | 116 | | (3) The tax credit shall be applied against the 102 |
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117 | 117 | | qualified employer's state tax liability after all other tax 103 |
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118 | 118 | | credits have been applied. Tax credits authorized by this 104 |
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119 | 119 | | subsection shall not be transferred, sold, or assigned and 105 |
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120 | 120 | | shall not be refundable or carried forward to any other tax 106 |
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121 | 121 | | year. 107 |
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122 | 122 | | (4) No tax credit shall be claimed for compensation 108 |
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123 | 123 | | paid to a qualified worker after the fifth year of 109 |
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124 | 124 | | employment of the qualified worker or the fifth year of the 110 |
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125 | 125 | | worker's contract. 111 |
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126 | 126 | | 4. (1) For all tax years beginning on or after 112 |
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127 | 127 | | January 1, 2026, a taxpayer who becomes a qualified worker 113 SB 190 5 |
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128 | 128 | | during the tax year shall be allowed a tax credit against 114 |
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129 | 129 | | the taxpayer's state tax liability in an amount equal to two 115 |
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130 | 130 | | thousand five hundred dollars. The tax credit may be 116 |
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131 | 131 | | claimed each year the taxpayer achieves the status of a 117 |
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132 | 132 | | qualified worker for five consecutive tax years beginning 118 |
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133 | 133 | | with the tax year in which the taxpayer becomes a qualified 119 |
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134 | 134 | | worker. No taxpayer shall claim tax credits pursuant to 120 |
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135 | 135 | | this subsection that exceed a total of twelve thousand five 121 |
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136 | 136 | | hundred dollars. 122 |
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137 | 137 | | (2) Tax credits authorized by this subsection shall 123 |
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138 | 138 | | not be transferred, sold, or assigned, and shall not be 124 |
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139 | 139 | | refundable, but may be carried forward t o subsequent tax 125 |
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140 | 140 | | years, provided that a tax credit shall not be carried 126 |
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141 | 141 | | forward beyond the fourth tax year succeeding the tax year 127 |
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142 | 142 | | in which the taxpayer initially claimed the tax credit. 128 |
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143 | 143 | | 5. The tax credit authorized by this section shall be 129 |
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144 | 144 | | considered a training and educational tax credit, as defined 130 |
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145 | 145 | | under section 135.800, and shall be subject to the 131 |
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146 | 146 | | provisions of section 135.800 to 135.830. 132 |
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147 | 147 | | 6. (1) The department may adopt rules and regulations 133 |
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148 | 148 | | necessary or convenient for the implementat ion and 134 |
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149 | 149 | | administration of this section. Any rule or portion of a 135 |
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150 | 150 | | rule, as that term is defined in section 536.010, that is 136 |
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151 | 151 | | created under the authority delegated in this section shall 137 |
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152 | 152 | | become effective only if it complies with and is subject to 138 |
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153 | 153 | | all of the provisions of chapter 536 and, if applicable, 139 |
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154 | 154 | | section 536.028. This section and chapter 536 are 140 |
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155 | 155 | | nonseverable and if any of the powers vested with the 141 |
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156 | 156 | | general assembly pursuant to chapter 536 to review, to delay 142 |
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157 | 157 | | the effective date, or to disapprove and annul a rule are 143 |
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158 | 158 | | subsequently held unconstitutional, then the grant of 144 SB 190 6 |
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159 | 159 | | rulemaking authority and any rule proposed or adopted after 145 |
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160 | 160 | | August 28, 2025, shall be invalid and void. 146 |
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161 | 161 | | (2) The department shall annually submit a written 147 |
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162 | 162 | | report to the general assembly containing information 148 |
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163 | 163 | | regarding the cost and effectiveness of the provisions of 149 |
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164 | 164 | | this section. The department also may include in the report 150 |
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165 | 165 | | any recommendations for changes to state law necessary to 151 |
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166 | 166 | | implement the provisions of this sec tion. 152 |
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167 | 167 | | 7. Under section 23.253 of the Missouri sunset act: 153 |
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168 | 168 | | (1) The program authorized pursuant to this section 154 |
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169 | 169 | | shall automatically sunset on December 31, 2031, unless 155 |
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170 | 170 | | reauthorized by an act of the general assembly; and 156 |
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171 | 171 | | (2) If such program is reauthorized, the program 157 |
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172 | 172 | | authorized pursuant to this section shall automatically 158 |
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173 | 173 | | sunset twelve years after the effective date of the 159 |
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174 | 174 | | reauthorization; and 160 |
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175 | 175 | | (3) This section shall terminate on September first of 161 |
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176 | 176 | | the calendar year immediately f ollowing the calendar year in 162 |
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177 | 177 | | which the program authorized pursuant to this section is 163 |
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178 | 178 | | sunset; and 164 |
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179 | 179 | | (4) The provisions of this subsection shall not be 165 |
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180 | 180 | | construed to limit or in any way impair the department's 166 |
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181 | 181 | | ability to redeem tax credits authorize d on or before the 167 |
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182 | 182 | | date the program authorized pursuant to this section 168 |
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183 | 183 | | expires, or a taxpayer's ability to redeem such tax credits. 169 |
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184 | 184 | | 135.800. 1. The provisions of sections 135.800 to 1 |
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185 | 185 | | 135.830 shall be known and may be cited as the "T ax Credit 2 |
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186 | 186 | | Accountability Act of 2004". 3 |
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187 | 187 | | 2. As used in sections 135.800 to 135.830, the 4 |
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188 | 188 | | following terms mean: 5 |
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189 | 189 | | (1) "Administering agency", the state agency or 6 |
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190 | 190 | | department charged with administering a particular tax 7 SB 190 7 |
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191 | 191 | | credit program, as set forth by the program's enacting 8 |
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192 | 192 | | statute; where no department or agency is set forth, the 9 |
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193 | 193 | | department of revenue; 10 |
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194 | 194 | | (2) "Agricultural tax credits", the agricultural 11 |
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195 | 195 | | product utilization contributor tax credit created pursuant 12 |
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196 | 196 | | to section 348.430, the new gen eration cooperative incentive 13 |
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197 | 197 | | tax credit created pursuant to section 348.432, the family 14 |
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198 | 198 | | farm breeding livestock loan tax credit created under 15 |
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199 | 199 | | section 348.505, the qualified beef tax credit created under 16 |
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200 | 200 | | section 135.679, and the wine and grape producti on tax 17 |
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201 | 201 | | credit created pursuant to section 135.700; 18 |
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202 | 202 | | (3) "Business recruitment tax credits", the business 19 |
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203 | 203 | | facility tax credit created pursuant to sections 135.110 to 20 |
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204 | 204 | | 135.150 and section 135.258, the enterprise zone tax 21 |
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205 | 205 | | benefits created pursuant to sections 135.200 to 135.270, 22 |
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206 | 206 | | the business use incentives for large -scale development 23 |
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207 | 207 | | programs created pursuant to sections 100.700 to 100.850, 24 |
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208 | 208 | | the development tax credits created pursuant to sections 25 |
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209 | 209 | | 32.100 to 32.125, the rebuilding communities tax cre dit 26 |
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210 | 210 | | created pursuant to section 135.535, the film production tax 27 |
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211 | 211 | | credit created pursuant to section 135.750, the enhanced 28 |
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212 | 212 | | enterprise zone created pursuant to sections 135.950 to 29 |
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213 | 213 | | 135.970, and the Missouri quality jobs program created 30 |
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214 | 214 | | pursuant to sections 620.1875 to 620.1900; 31 |
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215 | 215 | | (4) "Community development tax credits", the 32 |
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216 | 216 | | neighborhood assistance tax credit created pursuant to 33 |
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217 | 217 | | sections 32.100 to 32.125, the family development account 34 |
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218 | 218 | | tax credit created pursuant to sections 208.750 to 208.775, 35 |
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219 | 219 | | the dry fire hydrant tax credit created pursuant to section 36 |
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220 | 220 | | 320.093, and the transportation development tax credit 37 |
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221 | 221 | | created pursuant to section 135.545; 38 SB 190 8 |
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222 | 222 | | (5) "Domestic and social tax credits", the youth 39 |
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223 | 223 | | opportunities tax credit created pursuant to sect ion 135.460 40 |
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224 | 224 | | and sections 620.1100 to 620.1103, the shelter for victims 41 |
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225 | 225 | | of domestic violence or rape crisis center tax credit 42 |
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226 | 226 | | created pursuant to section 135.550, the senior citizen or 43 |
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227 | 227 | | disabled person property tax credit created pursuant to 44 |
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228 | 228 | | sections 135.010 to 135.035, the adoption tax credit created 45 |
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229 | 229 | | pursuant to sections 135.325 to 135.339, the champion for 46 |
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230 | 230 | | children tax credit created pursuant to section 135.341, the 47 |
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231 | 231 | | maternity home tax credit created pursuant to section 48 |
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232 | 232 | | 135.600, the surviving spouse tax credit created pursuant to 49 |
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233 | 233 | | section 135.090, the residential treatment agency tax credit 50 |
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234 | 234 | | created pursuant to section 135.1150, the pregnancy resource 51 |
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235 | 235 | | center tax credit created pursuant to section 135.630, the 52 |
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236 | 236 | | food pantry tax credit created pursuant to section 135.647, 53 |
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237 | 237 | | the residential dwelling access tax credit created pursuant 54 |
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238 | 238 | | to section 135.562, the developmental disability care 55 |
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239 | 239 | | provider tax credit created under section 135.1180, the 56 |
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240 | 240 | | shared care tax credit created pursuant to section 192.2015, 57 |
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241 | 241 | | the health, hunger, and hygiene tax credit created pursuant 58 |
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242 | 242 | | to section 135.1125, and the diaper bank tax credit created 59 |
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243 | 243 | | pursuant to section 135.621; 60 |
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244 | 244 | | (6) "Entrepreneurial tax credits", the capital tax 61 |
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245 | 245 | | credit created pursuant to sections 135.400 to 135.429, the 62 |
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246 | 246 | | certified capital company tax credit created pursuant to 63 |
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247 | 247 | | sections 135.500 to 135.529, the seed capital tax credit 64 |
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248 | 248 | | created pursuant to sections 348.300 to 348.318, the new 65 |
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249 | 249 | | enterprise creation tax credit created pursuant to sections 66 |
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250 | 250 | | 620.635 to 620.653, the research tax credit created pursuant 67 |
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251 | 251 | | to section 620.1039, the small business incubator tax credit 68 |
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252 | 252 | | created pursuant to section 620.495, the guarantee fee tax 69 |
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253 | 253 | | credit created pursuant to section 135.766, and the new 70 SB 190 9 |
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254 | 254 | | generation cooperativ e tax credit created pursuant to 71 |
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255 | 255 | | sections 32.105 to 32.125; 72 |
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256 | 256 | | (7) "Environmental tax credits", the charcoal producer 73 |
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257 | 257 | | tax credit created pursuant to section 135.313, the wood 74 |
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258 | 258 | | energy tax credit created pursuant to sections 135.300 to 75 |
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259 | 259 | | 135.311, and the alternative fuel stations tax credit 76 |
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260 | 260 | | created pursuant to section 135.710; 77 |
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261 | 261 | | (8) "Financial and insurance tax credits", the bank 78 |
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262 | 262 | | franchise tax credit created pursuant to section 148.030, 79 |
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263 | 263 | | the bank tax credit for S corporations created pursuant to 80 |
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264 | 264 | | section 143.471, the exam fee tax credit created pursuant to 81 |
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265 | 265 | | section 148.400, the health insurance pool tax credit 82 |
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266 | 266 | | created pursuant to section 376.975, the life and health 83 |
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267 | 267 | | insurance guaranty association tax credit created pursuant 84 |
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268 | 268 | | to section 376.745, the property and casualty guaranty 85 |
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269 | 269 | | association tax credit created pursuant to section 375.774, 86 |
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270 | 270 | | and the self-employed health insurance tax credit created 87 |
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271 | 271 | | pursuant to section 143.119; 88 |
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272 | 272 | | (9) "Housing tax credits", the neighborhood 89 |
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273 | 273 | | preservation tax credit created pursuant to sections 135.475 90 |
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274 | 274 | | to 135.487, the low-income housing tax credit created 91 |
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275 | 275 | | pursuant to sections 135.350 to 135.363, and the affordable 92 |
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276 | 276 | | housing tax credit created pursuant to sections 32.105 to 93 |
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277 | 277 | | 32.125; 94 |
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278 | 278 | | (10) "Recipient", the indivi dual or entity who both: 95 |
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279 | 279 | | (a) Is the original applicant for a tax credit; and 96 |
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280 | 280 | | (b) Who directly receives a tax credit or the right to 97 |
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281 | 281 | | transfer a tax credit under a tax credit program, regardless 98 |
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282 | 282 | | as to whether the tax credit has been used or red eemed; a 99 |
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283 | 283 | | recipient shall not include the transferee of a transferable 100 |
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284 | 284 | | tax credit; 101 SB 190 10 |
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285 | 285 | | (11) "Redevelopment tax credits", the historic 102 |
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286 | 286 | | preservation tax credit created pursuant to sections 253.545 103 |
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287 | 287 | | to 253.559, the brownfield redevelopment program tax cre dit 104 |
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288 | 288 | | created pursuant to sections 447.700 to 447.718, the 105 |
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289 | 289 | | community development corporations tax credit created 106 |
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290 | 290 | | pursuant to sections 135.400 to 135.430, the infrastructure 107 |
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291 | 291 | | tax credit created pursuant to subsection 6 of section 108 |
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292 | 292 | | 100.286, the bond guarant ee tax credit created pursuant to 109 |
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293 | 293 | | section 100.297, the disabled access tax credit created 110 |
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294 | 294 | | pursuant to section 135.490, the new markets tax credit 111 |
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295 | 295 | | created pursuant to section 135.680, and the distressed 112 |
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296 | 296 | | areas land assemblage tax credit created pursuant to section 113 |
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297 | 297 | | 99.1205; 114 |
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298 | 298 | | (12) "Tax credit program", any of the tax credit 115 |
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299 | 299 | | programs included in the definitions of agricultural tax 116 |
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300 | 300 | | credits, business recruitment tax credits, community 117 |
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301 | 301 | | development tax credits, domestic and social tax credits, 118 |
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302 | 302 | | entrepreneurial tax credits, environmental tax credits, 119 |
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303 | 303 | | housing tax credits, redevelopment tax credits, and training 120 |
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304 | 304 | | and educational tax credits; 121 |
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305 | 305 | | (13) "Training and educational tax credits", the 122 |
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306 | 306 | | Missouri works new jobs tax credit and Missouri works 123 |
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307 | 307 | | retained jobs credit created pursuant to sections 620.800 to 124 |
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308 | 308 | | 620.809 and the engineering workforce development tax credit 125 |
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309 | 309 | | created under section 135.005 . 126 |
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310 | 310 | | |
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