Missouri 2025 Regular Session

Missouri Senate Bill SB205 Latest Draft

Bill / Introduced Version Filed 12/09/2024

                             
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     Section A.  Section 135.550, RSMo, is repealed and one new 1 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 
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