Missouri 2025 Regular Session

Missouri Senate Bill SB681 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 681
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR CARTER.
6	6	2727S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 135.630, RSMo, and to enact in lieu thereof one new section relating to tax
9	9	credits for charitable contributions to pregnancy resource centers.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 135.630, RSMo, is repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 135.630, 2
14	14	to read as follows:3
15	15	135.630. 1. As used in this section, the following 1
16	16	terms mean: 2
17	17	(1) "Contribution", a donation of cash, stock, bonds, 3
18	18	or other marketable securities, or real property; 4
19	19	(2) "Director", the director of the department of 5
20	20	social services; 6
21	21	(3) "Pregnancy resource center", a nonresidential 7
22	22	facility located in this state: 8
23	23	(a) Established and operating primarily to provide 9
24	24	assistance to women and families with crisis pregnancies or 10
25	25	unplanned pregnancies by offering pregnancy testing, 11
26	26	counseling, emotional and material support, and other 12
27	27	similar services or by offering services as descri bed under 13
28	28	subsection 2 of section 188.325, to encourage and assist 14
29	29	such women and families in carrying their pregnancies to 15
30	30	term; and 16
31	31	(b) Where childbirths are not performed; and 17 SB 681 2
32	32	(c) Which does not perform, induce, or refer for 18
33	33	abortions and which does not hold itself out as performing, 19
34	34	inducing, or referring for abortions; and 20
35	35	(d) Which provides direct client services at the 21
36	36	facility, as opposed to merely providing counseling or 22
37	37	referral services by telephone; and 23
38	38	(e) Which provides its services at no cost to its 24
39	39	clients; and 25
40	40	(f) When providing medical services, such medical 26
41	41	services must be performed in accordance with Missouri 27
42	42	statute; and 28
43	43	(g) Which is exempt from income taxation pursuant to 29
44	44	the Internal Revenue Code of 1986, as amended; 30
45	45	(4) "State tax liability", in the case of a business 31
46	46	taxpayer, any liability incurred by such taxpayer pursuant 32
47	47	to the provisions of chapters 143, 147, 148, and 153, 33
48	48	excluding sections 143.191 to 143.265 and related 34
49	49	provisions, and in the case of an individual taxpayer, any 35
50	50	liability incurred by such taxpayer pursuant to the 36
51	51	provisions of chapter 143, excluding sections 143.191 to 37
52	52	143.265 and related provisions; 38
53	53	(5) "Taxpayer", a person, firm, a partner in a firm, 39
54	54	corporation, or a shareholder in an S corporation doing 40
55	55	business in the state of Missouri and subject to the state 41
56	56	income tax imposed by the provisions of chapter 143, or a 42
57	57	corporation subject to the annual corporation franchise tax 43
58	58	imposed by the provisions of chapter 147, or an insurance 44
59	59	company paying an annual tax on its gross premium receipts 45
60	60	in this state, or other financial institution paying taxes 46
61	61	to the state of Missouri or any political subdivision of 47
62	62	this state pursuant to the prov isions of chapter 148, or an 48
63	63	express company which pays an annual tax on its gross 49 SB 681 3
64	64	receipts in this state pursuant to chapter 153, or an 50
65	65	individual subject to the state income tax imposed by the 51
66	66	provisions of chapter 143, or any charitable organization 52
67	67	which is exempt from federal income tax and whose Missouri 53
68	68	unrelated business taxable income, if any, would be subject 54
69	69	to the state income tax imposed under chapter 143. 55
70	70	2. (1) Beginning on March 29, 2013, any contribution 56
71	71	to a pregnancy resour ce center made on or after January 1, 57
72	72	2013, shall be eligible for tax credits as provided by this 58
73	73	section. 59
74	74	(2) For all tax years beginning on or after January 1, 60
75	75	2007, and ending on or before December 31, 2020, a taxpayer 61
76	76	shall be allowed to clai m a tax credit against the 62
77	77	taxpayer's state tax liability in an amount equal to fifty 63
78	78	percent of the amount such taxpayer contributed to a 64
79	79	pregnancy resource center. For all tax years beginning on 65
80	80	or after January 1, 2021, but ending on or before Dece mber 66
81	81	31, 2025, a taxpayer shall be allowed to claim a tax credit 67
82	82	against the taxpayer's state tax liability in an amount 68
83	83	equal to seventy percent of the amount such taxpayer 69
84	84	contributed to a pregnancy resource center. For all tax 70
85	85	years beginning on o r after January 1, 2026, a taxpayer 71
86	86	shall be allowed to claim a tax credit against the 72
87	87	taxpayer's state tax liability in an amount equal to one 73
88	88	hundred percent of the amount such taxpayer contributed to a 74
89	89	pregnancy resource center. 75
90	90	3. The amount of the tax credit claimed shall not 76
91	91	exceed the amount of the taxpayer's state tax liability for 77
92	92	the tax year for which the credit is claimed, and such 78
93	93	taxpayer shall not be allowed to claim a tax credit in 79
94	94	excess of fifty thousand dollars per tax year. However, any 80
95	95	tax credit that cannot be claimed in the tax year the 81 SB 681 4
96	96	contribution was made may be carried over only to the next 82
97	97	succeeding tax year. No tax credit issued under this 83
98	98	section shall be assigned, transferred, or sold. 84
99	99	4. Except for any excess credit which is carried over 85
100	100	pursuant to subsection 3 of this section, a taxpayer shall 86
101	101	not be allowed to claim a tax credit unless the total amount 87
102	102	of such taxpayer's contribution or contributions to a 88
103	103	pregnancy resource center or centers in such taxpayer's tax 89
104	104	year has a value of at least one hundred dollars. 90
105	105	5. The director shall determine, at least annually, 91
106	106	which facilities in this state may be classified as 92
107	107	pregnancy resource centers. The director may require of a 93
108	108	facility seeking to be classified as a pregnancy resource 94
109	109	center whatever information which is reasonably necessary to 95
110	110	make such a determination. The director shall classify a 96
111	111	facility as a pregnancy resource center if such facility 97
112	112	meets the definition set forth in subsection 1 of this 98
113	113	section. 99
114	114	6. The director shall establish a procedure by which a 100
115	115	taxpayer can determine if a facility has been classified as 101
116	116	a pregnancy resource center. Pregnancy resource centers 102
117	117	shall be permitted to decline a contribu tion from a 103
118	118	taxpayer. The cumulative amount of tax credits which may be 104
119	119	claimed by all the taxpayers contributing to pregnancy 105
120	120	resource centers in any one fiscal year shall not exceed two 106
121	121	million dollars for all fiscal years ending on or before 107
122	122	June 30, 2014, and two million five hundred thousand dollars 108
123	123	for all fiscal years beginning on or after July 1, 2014, and 109
124	124	ending on or before June 30, 2019, and three million five 110
125	125	hundred thousand dollars for all fiscal years beginning on 111
126	126	or after July 1, 2019, and ending on or before June 30, 112
127	127	2021. For all fiscal years beginning on or after July 1, 113 SB 681 5
128	128	2021, there shall be no limit imposed on the cumulative 114
129	129	amount of tax credits that may be claimed by all taxpayers 115
130	130	contributing to pregnancy resource center s under the 116
131	131	provisions of this section. Tax credits shall be issued in 117
132	132	the order contributions are received. If the amount of tax 118
133	133	credits redeemed in a fiscal year is less than the 119
134	134	cumulative amount authorized under this subsection, the 120
135	135	difference shall be carried over to a subsequent fiscal year 121
136	136	or years and shall be added to the cumulative amount of tax 122
137	137	credits that may be authorized in that fiscal year or years. 123
138	138	7. For all fiscal years ending on or before June 30, 124
139	139	2021, the director shall establish a procedure by which, 125
140	140	from the beginning of the fiscal year until some point in 126
141	141	time later in the fiscal year to be determined by the 127
142	142	director, the cumulative amount of tax credits are equally 128
143	143	apportioned among all facilities classified as p regnancy 129
144	144	resource centers. If a pregnancy resource center fails to 130
145	145	use all, or some percentage to be determined by the 131
146	146	director, of its apportioned tax credits during this 132
147	147	predetermined period of time, the director may reapportion 133
148	148	these unused tax credits to those pregnancy resource centers 134
149	149	that have used all, or some percentage to be determined by 135
150	150	the director, of their apportioned tax credits during this 136
151	151	predetermined period of time. The director may establish 137
152	152	more than one period of time and r eapportion more than once 138
153	153	during each fiscal year. To the maximum extent possible, 139
154	154	the director shall establish the procedure described in this 140
155	155	subsection in such a manner as to ensure that taxpayers can 141
156	156	claim all the tax credits possible up to the cu mulative 142
157	157	amount of tax credits available for the fiscal year. 143
158	158	8. Each pregnancy resource center shall provide 144
159	159	information to the director concerning the identity of each 145 SB 681 6
160	160	taxpayer making a contribution to the pregnancy resource 146
161	161	center who is claiming a tax credit pursuant to this section 147
162	162	and the amount of the contribution. The director shall 148
163	163	provide the information to the director of revenue. The 149
164	164	director shall be subject to the confidentiality and penalty 150
165	165	provisions of section 32.057 relatin g to the disclosure of 151
166	166	tax information. 152
167	167	9. The provisions of section 23.253 shall not apply to 153
168	168	this section. 154
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