EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 205 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR WASHINGTON. 0887S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 135.550, RSMo, and to enact in lieu thereof one new section relating to a tax credit for providing housing for victims of domestic violence. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 135.550, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 135.550, 2 to read as follows:3 135.550. 1. As used in this section, the following 1 terms shall mean: 2 (1) "Contribution", a donation of cash, stock, bonds 3 or other marketable securities, or real property; 4 (2) "Rape crisis center", a community -based nonprofit 5 rape crisis center, as defined in section 455.003, located 6 in this state and that provides the twenty -four-hour core 7 services of hospital advocacy and crisis hotline support to 8 survivors of rape and sexual assault; 9 (3) "Shelter for victims of domestic violence", a 10 facility located in this state which meets the definition of 11 a shelter for victims of domestic violence pursuant to 12 section 455.200 and which meets the requirements of section 13 455.220, or a nonprofit organization established a nd 14 operating exclusively for the purpose of supporting a 15 shelter for victims of domestic violence operated by the 16 state or one of its political subdivisions; 17 SB 205 2 (4) "State tax liability", in the case of a business 18 taxpayer, any liability incurred by such taxpayer pursuant 19 to the provisions of chapter 143, chapter 147, chapter 148, 20 and chapter 153, exclusive of the provisions relating to the 21 withholding of tax as provided for in sections 143.191 to 22 143.265 and related provisions, and in the case o f an 23 individual taxpayer, any liability incurred by such taxpayer 24 pursuant to the provisions of chapter 143; 25 (5) "Taxpayer", a person, firm, a partner in a firm, 26 corporation or a shareholder in an S corporation doing 27 business in the state of Miss ouri and subject to the state 28 income tax imposed by the provisions of chapter 143, or a 29 corporation subject to the annual corporation franchise tax 30 imposed by the provisions of chapter 147, including any 31 charitable organization which is exempt from fed eral income 32 tax and whose Missouri unrelated business taxable income, if 33 any, would be subject to the state income tax imposed under 34 chapter 143, or an insurance company paying an annual tax on 35 its gross premium receipts in this state, or other financi al 36 institution paying taxes to the state of Missouri or any 37 political subdivision of this state pursuant to the 38 provisions of chapter 148, or an express company which pays 39 an annual tax on its gross receipts in this state pursuant 40 to chapter 153, or a n individual subject to the state income 41 tax imposed by the provisions of chapter 143. 42 2. A taxpayer shall be allowed to claim a tax credit 43 against the taxpayer's state tax liability, in an amount 44 equal to fifty percent of the amount such taxpayer 45 contributed to a shelter for victims of domestic violence or 46 rape crisis center for all fiscal years ending on or before 47 June 30, 2022, and seventy percent of the amount such 48 taxpayer contributed to a shelter for victims of domestic 49 SB 205 3 violence or rape crisis center for all fiscal years 50 beginning on or after July 1, 2022. 51 3. The amount of [the] any tax credit claimed under 52 subsection 2, 9, or 10 of this section shall not exceed the 53 amount of the taxpayer's state tax liability for the taxable 54 year that the credit is claimed, and such taxpayer shall not 55 be allowed to claim a tax credit in excess of fifty thousand 56 dollars per taxable year. However, any tax credit that 57 cannot be claimed in the taxable year the contribution was 58 made may be carried over only to the next succeeding tax 59 year. Tax credits issued pursuant to this section shall not 60 be assigned, transferred, or sold. 61 4. Except for any excess credit which is carried over 62 pursuant to subsection 3 of this section, a taxpayer shal l 63 not be allowed to claim a tax credit under subsection 2 of 64 this section unless the total amount of such taxpayer's 65 contribution or contributions to a shelter or shelters for 66 victims of domestic violence or rape crisis center in such 67 taxpayer's taxable year has a value of at least one hundred 68 dollars. 69 5. The director of the department of social services 70 shall determine, at least annually, which facilities in this 71 state may be classified as shelters for victims of domestic 72 violence and rape crisis centers. The director of the 73 department of social services may require of a facility 74 seeking to be classified as a shelter for victims of 75 domestic violence or rape crisis center whatever information 76 is reasonably necessary to make such a determi nation. The 77 director of the department of social services shall classify 78 a facility as a shelter for victims of domestic violence or 79 rape crisis center if such facility meets the definition set 80 forth in subsection 1 of this section. 81 SB 205 4 6. The director of the department of social services 82 shall establish a procedure by which a taxpayer can 83 determine if a facility has been classified as a shelter for 84 victims of domestic violence or rape crisis center, and by 85 which such taxpayer can then contribute to such shelter for 86 victims of domestic violence or rape crisis center and claim 87 [a] the tax credit authorized under subsection 2 of this 88 section. Shelters for victims of domestic violence and rape 89 crisis centers shall be permitted to decline a contr ibution 90 from a taxpayer. The cumulative amount of tax credits which 91 may be claimed by all the taxpayers contributing to shelters 92 for victims of domestic violence and rape crisis centers in 93 any one fiscal year shall not exceed two million dollars for 94 all fiscal years ending on or before June 30, 2022. For all 95 fiscal years beginning on or after July 1, 2022, there shall 96 be no limit imposed on the cumulative amount of tax credits 97 that may be claimed by all taxpayers contributing to 98 shelters for victims of domestic violence and rape crisis 99 centers under the provisions of this section. 100 7. For all fiscal years ending on or before June 30, 101 2022, the director of the department of social services 102 shall establish a procedure by which, from the begi nning of 103 the fiscal year until some point in time later in the fiscal 104 year to be determined by the director of the department of 105 social services, the cumulative amount of tax credits are 106 equally apportioned among all facilities classified as 107 shelters for victims of domestic violence and rape crisis 108 centers. If a shelter for victims of domestic violence or 109 rape crisis center fails to use all, or some percentage to 110 be determined by the director of the department of social 111 services, of its apportione d tax credits during this 112 predetermined period of time, the director of the department 113 SB 205 5 of social services may reapportion these unused tax credits 114 to those shelters for victims of domestic violence and rape 115 crisis centers that have used all, or some pe rcentage to be 116 determined by the director of the department of social 117 services, of their apportioned tax credits during this 118 predetermined period of time. The director of the 119 department of social services may establish more than one 120 period of time and reapportion more than once during each 121 fiscal year. To the maximum extent possible, the director 122 of the department of social services shall establish the 123 procedure described in this subsection in such a manner as 124 to ensure that taxpayers can claim a ll the tax credits 125 possible up to the cumulative amount of tax credits 126 available for the fiscal year. 127 8. This section shall become effective January 1, 128 2000, and shall apply to all tax years after December 31, 129 1999. 130 9. For all tax years beg inning on or after January 1, 131 2026, in addition to all other tax credits authorized under 132 this section, a taxpayer shall be allowed to claim a credit 133 against the taxpayer's state tax liability in an amount 134 equal to one thousand dollars if such taxpayer has converted 135 abandoned property, as such term is defined under section 136 447.700, into an operational shelter for victims of domestic 137 violence in the tax year for which the credit is sought. 138 10. For all tax years beginning on or after January 1, 139 2026, in addition to all other tax credits authorized under 140 this section, a taxpayer shall be allowed to claim a credit 141 against the taxpayer's state tax liability in an amount 142 equal to five hundred dollars if the taxpayer has rented 143 residential real estate to a victim of domestic violence, as 144 such term is defined under section 455.010, in the tax year 145 SB 205 6 for which the credit is sought. A taxpayer claiming a tax 146 credit pursuant to this subsection shall not disclose the 147 identity of any victim of domesti c violence to whom the 148 taxpayer is renting residential real estate. 149 11. The department of social services and the 150 department of revenue may jointly promulgate all necessary 151 rules and regulations for the administration of subsections 152 9 and 10 of this section. Any rule or portion of a rule, as 153 that term is defined in section 536.010, that is created 154 under the authority delegated in this section shall become 155 effective only if it complies with and is subject to all of 156 the provisions of chapter 53 6 and, if applicable, section 157 536.028. This section and chapter 536 are nonseverable and 158 if any of the powers vested with the general assembly 159 pursuant to chapter 536 to review, to delay the effective 160 date, or to disapprove and annul a rule are subseq uently 161 held unconstitutional, then the grant of rulemaking 162 authority and any rule proposed or adopted after August 28, 163 2025, shall be invalid and void. 164