Missouri 2025 2025 Regular Session

Missouri Senate Bill SB35 Introduced / Fiscal Note

Filed 03/11/2025

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0483S.05P Bill No.:Perfected SS for SCS for SB 35 Subject:Economic Development; Department of Economic Development; Urban 
Redevelopment
Type:Original  Date:March 11, 2025Bill Summary:This proposal establishes tax credits to Revitalize Missouri Downtowns and 
Main Streets.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue 
Fund* ($261,387)Up to ($50,365,200)Up to ($51,358,409)
Total Estimated Net 
Effect on General 
Revenue($261,387)Up to ($50,365,200)Up to ($51,358,409)
*Oversight reflects an impact up to the maximum cap and adjusted by CPI annually if certain 
conditions are met. Additionally, the amounts reflect FTE, for both the Department of Economic 
Development and the Department of Revenue.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net 
Effect on Other State 
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 0483S.05P 
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net 
Effect on All Federal 
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028General Revenue 
Fund – DED2 FTE2 FTE2 FTE
General Revenue 
Fund - DOR0 FTE1 FTE1 FTE
Total Estimated Net 
Effect on FTE2 FTE3 FTE3 FTE
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any  
     of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
     the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 0483S.05P 
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FISCAL ANALYSIS
ASSUMPTION
Due to time constraints, Oversight was unable to receive some agency responses in a timely 
manner and performed limited analysis. Oversight has presented this fiscal note on the best 
current information that we have or on information regarding a similar bill(s). Upon the receipt 
of agency responses, Oversight will review to determine if an updated fiscal note should be 
prepared and seek the necessary approval to publish a new fiscal note.
Section 99.720- Tax Credit for Downtown Revitalization
In response to the previous version of the bill, officials from the Department of Economic 
Development (DED) note: 
Section 99.720 is a new tax credit program "Revitalizing Missouri Downtowns and Main Streets 
Act"
For all tax years beginning on or after January 1, 2026, an applicant may receive a tax credit of 
25% to 30% in an amount of a) $15,000 if the building is in a Main Street District or b) $500,000 
if not located in a Main Street location. 25% of each cap amount (see below) will be reserved for 
qualified Main Street district projects but can be released for other locations if the full 25% is not 
used at the end of the fiscal year.
Qualified converted building is any building and its structural components if: 
a) prior to conversion, the building was nonresidential real property, which was leased, or 
available for lease, to office tenants. 
b) has been substantially converted from an office use to a residential, retail, or other commercial 
use; and 
c) such building was initially placed at least 25 years before the beginning of the conversion.
This legislation could result in a reduction of $100 million per year in state revenue as 
99.720.4(1) establishes a tax credit cap of $50 million for buildings under 750,000 square feet 
and 99.720.4(2) a $50 million cap for buildings over 750,000 square feet. DED will need to hire 
3 FTE's to administer this program.
Upon further inquiry, the DED
committee substitute with a lesser overall cap ($50 million) for the projects. Therefore, Oversight 
will reflect an impact for 2 FTE (Senior Economic Development Specialists $83,784) for DED in 
the fiscal note, effective FY 2026. L.R. No. 0483S.05P 
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Oversight estimated the FTE costs based on the salary and E&E provided by DESE in their 
response to the previous version. 
In response to the previous version of the proposal, officials from the Office of Administration 
– Budget & Planning (B&P) noted: 
For all tax years beginning on or after January 1, 2026, this act authorizes a taxpayer to claim a 
tax credit equal to 30% of qualified conversion expenditures with respect to upper floor housing 
incurred for converting nonresidential real property from office use to predominantly, or more 
than 50% of the gross square footage for, residential use and may also included retail or other 
commercial uses. Tax credits authorized by the act shall not be refundable, but may be carried 
back three years or carried forward ten years and can be transferred, sold, or assigned. Beginning 
January 1, 2026, the DED must issue a taxpayer credit against their state tax liability based on 
the 30% rule. However, this bill doesn't exclude projects participating in the Missouri Downtown 
and Rural Economic Stimulus Act (MODESA). Therefore, MODESA participants receiving 
local TIF funding may also receive tax credits from this program.
Tax credits related to this act shall not exceed $50 million, with 50% solely for buildings over 
750K square feet in any fiscal year. If the total amount of reserved tax credits have been 
authorized, structures greater than 750K square feet may receive tax credits from the unreserved 
amount. Structures less than 750K square feet may receive tax credits from the reserved amount 
if those tax credits haven't been authorized. Twenty-five percent of the tax credit cap shall be 
used solely for projects located in a qualified Missouri main street district. If this has been 
authorized, projects located in a qualified Missouri main street district may receive tax credits 
from the remaining unreserved amount. If the tax credits cap has been reached in any given fiscal 
year, the cap shall be increased by the equivalent percentage increase in inflation. Tax credits 
authorized for qualified converted buildings of more than 750,000 square feet shall not count 
toward the annual tax credit cap, provided that no more than $50 million in tax credits shall be 
authorized for such buildings in a given fiscal year. All applications must be kept on file after the 
cap has been reached and applicants waiting for approval will be notified no additional approvals 
will be made. Should tax credits become available or a new fiscal year has begun, applicants will 
be considered for approval in the order they were submitted.
Taxpayers shall apply to the Department of Economic Development (DED) to receive the tax 
credits. Applications shall include proof of ownership or site control, floor plans of the existing 
structure, architectural plans, and, where applicable, plans of the proposed conversion of the 
structure, as well as proposed additions, estimated cost of conversion, the anticipated total costs 
of the project, the actual basis of the property, as shown by proof of actual acquisition costs, the 
anticipated total labor costs, the estimated project start date, and the estimated project completion 
date, proof that the property is an eligible property, a copy of all land use and building approvals 
reasonably necessary for the commencement of the project, and any other information which the 
Department may reasonably require to review the project for approval. DED will have 60 days to 
review the application and notify the applicant within 30 days in writing whether it's been 
approved or denied. L.R. No. 0483S.05P 
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All approved applications receiving approval shall submit within 120 days following the award 
evidence of the capacity of the applicant to finance the costs and expenses for the conversion of 
the eligible property. Approved applications, excluding projects of more than 750,000 square 
feet, shall commence conversion within 12 months of the date of issuance of the tax credit 
approval letter from the DED.
To claim a tax credit, a taxpayer shall apply for final approval and issuance of tax credits from 
the DED, which shall determine the final amount of qualified conversion expenditures and 
whether the completed rehabilitation meets eligibility requirements. The final application shall 
demonstrate that the taxpayer has substantially converted a qualified building or upper floor 
housing with satisfactory evidence of any conversion expenditures for the structure and any other 
requested information, as determined by the DED. The DED will issue 75% of approved tax 
credits within 60 days of receiving final application and make a final determination within 60 
days for the remaining 25% or repayment for over-issuances. For projects greater than 750K 
square feet, applicant's can submit an application for issuance of tax credits annually prior to 
final completion of the project. After the approval of the annual application, DED will issue 80% 
of the tax credits that would result from qualified expenditures provided the total amount of 
credits to date doesn't exceed the total amount of credits for the entire project. The DED will 
issue 80% of approved tax credits within 60 days of receiving final application and make a final 
determination within 60 days for the remaining credits or repayment for over-issuances.
The DED shall annually determine the overall economic impact to the state from the 
rehabilitation of eligible property. No taxpayer shall be issued tax credits for conversion 
expenditures on a converted building within 27 years of a previous issuance of tax credits. 
Therefore, with the two provisions in subsection 4, the total fiscal impact is $50M to TSR.
Officials from the Department of Revenue (DOR) note: 
Starting January 1, 2026, this proposal would create a tax credit for converting former office 
buildings to residential, retail, or other commercial use buildings.  The tax credit would be equal 
to 25% of qualified conversion expenditures with respect to a qualified converted building.  The 
Department of Economic Development (DED) is given primary authority over this program.  
Starting January 1, 2026, this proposal would create a tax credit for 30% of qualified conversion 
expenditures with respect to upper floor housing located in a qualified Missouri main street 
district.  The DED is given primary authority over this program. 
The credits under these programs are not refundable; but can be carried back to the three 
proceeding years or carried forward up to ten years.  These credits can be transferred, sold, or 
assigned.  Any credits authorized for a partnership, limited liability company taxed as a 
partnership, or multiple owners of property shall be passed through to the partners, members, or 
owners pro rata.  The approved tax credits shall be prioritized in the order of submission.  There 
is no sunset date for this program.  L.R. No. 0483S.05P 
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Section 99.726.1 sets a cap of $50 million annually for these projects.  Section 99.726.1 goes on 
to allow buildings of more than 750,000 square feet to also qualify for credits of up to half of the 
$50 million.  Additionally, 25% of the $50 million cap should be reserved for upper floor 
qualifying housing. 
Section 99.726.4 states that in any fiscal year in which the maximum number of credits is issued, 
then the maximum number of credits allowed is to be increased by the Consumer Price Index.  
For fiscal note purposes, DOR uses a 2% inflation rate when calculating CPI increases.  
These tax credits are to start on January 1, 2026, and will result in a loss of general revenue 
annually starting FY 2027, the first year the credits can be claimed on the tax return.
Fiscal YearLoss to General RevenueFY 2026$0FY 2027($50,000,000)FY 2028($51,000,000)
This proposal creates two new tax credits that would require twos new line being added to the 
Form MO-TC ($2,200 *2=$4,400), updates to DOR website and changes to individual income 
tax computer system ($1,832*2= $3,664). These changes are estimated to cost $8,064.  DOR’s 
existing tax credit staff is no longer able to take on any additional tax credits without additional 
resources.  Due to the intensive knowledge of credits that is needed they are not able to use 
temporary staff to help with processing these returns. This proposal would require at least 1 FTE 
Associate Customer Service Rep at a salary of $37,020.
Oversight notes the officials from the DOR assume the proposal will have a direct fiscal impact 
on their organization. Oversight does not have any information to the contrary. Therefore, 
Oversight will reflect the impact for 1 FTE (Associate Customer Service Rep at $37,020 
annually) for DOR in the fiscal note effective FY 2027.
Oversight notes DOR requests a one-time cost for form and computer updates to comply with 
the proposed language; however, Oversight notes that DOR receives appropriation for routine 
updates and will not show those costs in the fiscal note.
Oversight notes Section 99.726. 1. sets a cap of $50 million annually for these projects. 
Additionally, Section 99.726. 3 states that in any fiscal year in which the maximum number of 
credits is issued, then the maximum number of credits allowed is to be increased by the 
Consumer Price Index. Therefore, Oversight will reflect the maximum allotted tax credit cap 
each year, effective FY 2027, and for purpose of this fiscal note, adjusted maximum cap of $50 
million in combined tax credits with CPI in FY 2028.  L.R. No. 0483S.05P 
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Overall Bill:
Officials from the City of Kansas City assumed the proposal will have no fiscal impact on their 
organization. 
Officials from the Oversight Division
organization. Oversight does not have any information to the contrary. Therefore, Oversight will 
reflect a zero impact in the fiscal note.
SA2 – Sunset Language 
Oversight notes the amendment, as per Section 99.730 6. (1), adds an 8-year sunset to the 
proposal. Therefore, the proposal will be Sunset on December 31, 2033 (FY 2024). Additionally, 
it provides certain businesses with approved projects under contract, as per §99.730 6. (4) (a), 
prior to the sunset ending, the ability to continue redeem tax credits beyond the sunset. 
Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not 
anticipated to cause a fiscal impact beyond its current appropriation. 
Officials from the Office of the Secretary of State (SOS) note many bills considered by the 
General Assembly include provisions allowing or requiring agencies to submit rules and 
regulations to implement the act. The SOS is provided with core funding to handle a certain 
amount of normal activity resulting from each year's legislative session. The fiscal impact for 
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that 
this is a small amount and does not expect that additional funding would be required to meet 
these costs. However, the SOS also recognizes that many such bills may be passed by the 
General Assembly in a given year and that collectively the costs may be in excess of what the 
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding 
for the cost of supporting administrative rules requirements should the need arise based on a 
review of the finally approved bills signed by the governor. L.R. No. 0483S.05P 
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FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECosts – DOR 1 FTE Section(s) Section 
99.726 1. (p.8)
   Personnel Service$0($37,760)($38,516)  Fringe Benefits$0($30,926)($31,229)  Expense & Equipment$0($13,463)($582)Total Costs – DOR p.8$0($82,149)($70,327)FTE Change0 FTE1 FTE1 FTECosts – DED 2 FTEs Section(s) 
Section 99.726 1. (p.3)
   Personnel Service($139,640)($170,919)($174,338)  Fringe Benefits($82,288)($100,088)($101,459)  Expense & Equipment($39,459)($12,044)($12,285)Total Costs – DED ($261,387)($283,051)($288,082)FTE Change2 FTE2 FTE2 FTECosts – Section 99.726. 1. Tax Credit 
(p.8) $0
Up to 
($50,000,000)
Up to 
($51,000,000)
ESTIMATED NET EFFECT ON 
GENERAL REVENUE($261,387)
Up to 
($50,365,200)
Up to 
($51,358,409)
Estimated Net FTE Change on General 
Revenue2 FTE3 FTE3 FTE
FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028$0$0$0
FISCAL IMPACT – Small Business
Small businesses that qualify for the new credits would be impacted by this proposal. L.R. No. 0483S.05P 
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FISCAL DESCRIPTION
This act establishes the "Revitalizing Missouri Downtowns and Main Streets Act".
For all tax years beginning on or after January 1, 2026, this act authorizes a taxpayer to claim a 
tax credit equal to 25% of qualified conversion expenditures, as defined in the act, or 30% of 
qualified conversion expenditures with respect to upper floor housing, as described in the act, 
incurred for converting nonresidential real property from office use to predominantly residential 
use, which may include retail or other commercial use. Tax credits authorized by the act shall not 
be refundable, but may be carried back three years or carried forward ten years. Tax credits may 
also be transferred, sold, or assigned, as described in the act.
The total amount of tax credits authorized pursuant to this act shall not exceed $50 million in any 
fiscal year. Fifty percent of such maximum amount shall be reserved for qualified converted 
buildings of more than 750,000 square feet and shall be allocated to the annual limit over a 
period of ten years, provided that such project meets criteria described in the act.
Twenty-five percent of the maximum amount of tax credits available to be authorized shall be 
authorized solely for projects located in a qualified Missouri main street district, as defined in the 
act. If the total amount of such reserved tax credits have been authorized, projects located in a 
qualified Missouri main street district may receive tax credits from the remaining unreserved 
amount of tax credits. If the maximum amount of allowable tax credits is authorized in any given 
fiscal year, such maximum allowable amount shall be increased by the percentage increase in 
inflation.
A taxpayer shall apply to the Department of Economic Development to receive tax credits 
pursuant to this act. Such application shall include proof of ownership or site control, floor plans 
of the existing structure, architectural plans, and, where applicable, plans of the proposed 
conversion of the structure, as well as proposed additions, estimated cost of conversion, the 
anticipated total costs of the project, the actual basis of the property, as shown by proof of actual 
acquisition costs, the anticipated total labor costs, the estimated project start date, and the 
estimated project completion date, proof that the property is an eligible property, a copy of all 
land use and building approvals reasonably necessary for the commencement of the project, and 
any other information which the Department may reasonably require to review the project for 
approval.
All taxpayers with applications receiving approval shall submit within 120 days following the 
award of credits evidence of the capacity of the applicant to finance the costs and expenses for 
the conversion of the eligible property. All taxpayers with applications receiving approval, 
excluding projects of more than 750,000 square feet, shall commence conversion within twelve 
months of the date of issuance of the letter from the Department granting the approval for tax 
credits. L.R. No. 0483S.05P 
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To claim a tax credit authorized by this act, a taxpayer with approval shall apply for final 
approval and issuance of tax credits from the Department, which shall determine the final 
amount of qualified conversion expenditures and whether the completed rehabilitation meets the 
requirements of the act. The final application shall demonstrate that the taxpayer has 
substantially converted a qualified converted building; satisfactory evidence of any qualified 
conversion expenditures for the structure, as determined by the Department; and any other 
information reasonably requested by the Department.
The Department shall determine, on an annual basis, the overall economic impact to the state 
from the rehabilitation of eligible property pursuant to this act. No taxpayer shall be issued tax 
credits for qualified conversion expenditures on a qualified converted building within 27 years of 
a previous issuance of tax credits pursuant to this act on such qualified converted building.
This act shall sunset on December 31, 2033, unless reauthorized by the General Assembly.
SOURCES OF INFORMATION
Department of Revenue
Office of Administration – Budget & Planning
Department of Economic Development
Oversight Division 
Office of the Secretary of State
Joint Committee on Administrative Rules
City of Kansas City
Julie MorffJessica HarrisDirectorAssistant DirectorMarch 11, 2025March 11, 2025