Missouri Tax Incentive Programs
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TAX INCENTIVES
Below are brief summaries of the competitive Tax Incentive programs offered by the state of Missouri. The programs are offered through the Missouri Department of Economic Development (DED) and local communities.
Chapter 353 Tax AbatementEnhanced Enterprise ZoneFilm Production Tax Credit ProgramLoan Guarantee Fee Tax Credit ProgramMutual Fund Tax ApportionmentQuality Jobs ProgramRebuilding Communities Tax Credit ProgramSales Tax ExemptionSmall Business Incubator Tax Credit Program
Chapter 353 Tax Abatement – "Chapter 353 Tax Abatement" is an incentive that can be utilized by cities to encourage the redevelopment of blighted areas by providing real property tax abatement and eminent domain.
Authorization
Chapter 353 of the Revised Statutes of Missouri (the "Urban Redevelopment Corporation Law").
How the Program Works
Tax abatement is available for a period of 25 years, which period begins to run when the Urban Redevelopment Corporation takes title to the property. During the first 10 years, the property is not subject to real property taxes except in the amount of real property taxes assessed on the land, exclusive of improvements, during the calendar year preceding the calendar year during which the Urban Redevelopment Corporation acquired title to the real property. 353.110.1 RSMo. If the property was tax exempt during such preceding calendar year then the county assessor is required to assess the land, exclusive of improvements, immediately after the urban redevelopment corporation takes title. During the next 15 years, the real property may be assessed up to 50% of its true value. 353.110.2 RSMo. This means that the city may approve a development plan, which provides full tax abatement for 25 years.
Payments in lieu of taxes ("PILOTS") may be imposed on the urban redevelopment corporation by contract with the city. PILOTS are paid on an annual basis to replace all or part of the real estate taxes, which are abated. The PILOTS must be allocated to each taxing district according to their proportionate share of ad valorem property taxes. 353-110.4 RSMo.
Enhanced Enterprise Zone – Provides state tax credits to new or expanding businesses in a Missouri Enhanced Enterprise Zone. Additional information for the Enterprise Zone program is available through the State of Missouri.
Authorization
Sections 135.950 to 135.973, RSMo
Eligible Areas
An eligible project must be located in a Missouri Enhanced Enterprise Zone. Enhanced Enterprise Zones are specified geographic areas designated by local governments and certified by the Department of Economic Development (DED). Zone designation is based on certain demographic criteria, the potential to create sustainable jobs in a targeted industry and a demonstrated impact on local industry cluster development.
Eligible Applicants
Individual business eligibility will be determined by the zone based on creation of sustainable jobs in a targeted industry or demonstrated impact on local industry cluster development. Gambling establishments, retail trade, and food and drinking places are prohibited from receiving the state tax credits. Service industries can be eligible if a majority of their annual revenues will be derived from services provided out of the state. DED will consult with the local government in determining eligibility.
How the Program Works
The Enhanced Enterprise Zone Program is a discretionary program offering state tax credits to Enhanced Business Enterprises. Tax credits may be provided each year for up to ten tax years after the project commences operations.
To receive tax credits in any of the ten years, the facility must create at least 2 new jobs and $100,000 in new investment in that year as compared to the base year (the year prior to the commencement of operations at the facility).
Eligible investment expenditures include the original cost of machinery, equipment, furniture, fixtures, land and building, and/or eight times the annual rental rate paid for the same. Inventory is not eligible.
Available Zone Maps
St. Louis County: Central County Enhanced Enterprise Zone
St. Louis County: North County Enhanced Enterprise Zone
Film Production Tax Credit Program – Provides a state income tax credit to qualified film production companies up to 50% of the company's expenditures in Missouri for production or production related activities necessary for the making of a film, not to exceed $1 million in tax credits per project.
Loan Guarantee Fee Tax Credit Program – Provides state tax credits to an "eligible small business" for the amount of a guarantee fee paid to either the U.S. Small Business Administration or the U.S. Department of Agriculture for a small business loan.
Authorization
Section 135.766, RSMo:
"An eligible small business, as defined in Section 44 of the Internal Revenue Code, shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to any amount paid by the eligible small business to the United States Small Business Administration as a guaranty fee pursuant to obtaining Small Business Administration guaranteed financing and to programs administered by the United States Department of Agriculture for rural development or farm service agencies. "
Eligible Areas
Statewide.
Eligible Applicants
A small business defined in Section 44 of the IRS code must (in the prior tax year) have gross receipts of less than $1 million; or if more than $1 million, less than 30 full time employees.
How the Program Works
The Missouri Department of Economic Development (DED) will issue state income tax credits to an "eligible small business" equal to any amount paid to the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) for a small business loan.
Mutual Fund Tax Apportionment – Stimulates the mutual fund industry in the state by allowing those certified by DED to utilize a more favorable state income apportionment method for tax purposes.
Quality Jobs Program – Missouri’s newest incentive program facilitates new quality jobs by targeted business projects.
Authorization - SB343, 2005
Eligible Areas - Anywhere in the state of Missouri
Eligible Businesses - For-profit and non-profit businesses except for gambling, retail trade, food and drinking places, companies regulated by the Public Service Commission, companies that are delinquent in non-protested taxes or other payments (state, federal or local), any company that has filed for or has publicly announced its intention to file for bankruptcy, public entities, or religious entities. The average wage of the new jobs must equal or exceed the county average wage (as published by DED), and the company must offer health insurance and pay at least 50% of the premium.
• Average Wage: Total annual payroll of the new jobs divided by the average annual number of new jobs.
To qualify, the company must create a minimum number of new jobs at the project facility prior to the “deadline” date, based on the type of project:
- Small/Existing businesses:
- Rural areas: 20 or more new jobs within two years of the date of the DED proposal.
- Non-rural areas: 40 or more new jobs within two years of the date of the DED proposal. Non-rural areas would include the counties of Boone, Buchanan, Clay, Greene, Jackson, St. Charles, and St. Louis city and county.
- Technology businesses (classified by NAICS codes):
- 10 or more new jobs within two years of the date of the DED proposal.
- High Impact businesses:
- 100 or more new jobs within two years of the date of the hiring of the first new job, and the first new job must be within one year of the date of the DED proposal.
Program Benefits: For “Small/Existing” businesses, the benefits of the program are the retention of the state withholding tax of the new jobs. For “Technology” and “High Impact” businesses, the benefits of the program are (a) the retention of the state withholding tax of the new jobs; and (b) state tax credits, which are refundable and/or sellable. The program benefits are based on a percentage of the payroll of the new jobs. The program benefits are not provided until the minimum new job threshold is met and the company meets the average wage and health insurance requirements. The program benefits are calculated as follows:
• Small/Existing businesses:
Retain 100% of the withholding tax of the new jobs, each year for:
- Three years - if the average wage of new jobs is 100-119% of county average wage) or
- Five years - if the average wage of new jobs is 120%+ of county average wage).
• Technology businesses:
5% of the payroll of the new jobs each year for five years; plus:
- “Average Wage Bonus”.
- Maximum annual tax credits per company are $500,000. No limit on the withholding tax.
• High Impact businesses:
3% of the payroll of the new jobs each year for five years; plus:
- “Average Wage Bonus”
- “Local Incentives Bonus”
- Maximum annual tax credits per company are $750,000 (or $1 million, if approved by the Quality Jobs Task Force). No limit on the withholding tax.
”Average Wage Bonus”(company average wage as a percentage of county average wage):
• Greater than 120% and up to 140%: 1/2 % bonus of payroll of the new jobs.
• Greater than 140%: 1% bonus of payroll of the new jobs.
”Local Incentives Bonus”(amount of local incentives provided to the project as a percentage of the amount of new local tax revenues derived from the project, over 10 years):
• 10-24%: 1% bonus of payroll of the new jobs.
• 25-49%: 2% bonus of payroll of the new jobs.
• 50% or more: 3% bonus of payroll of the new jobs.
Each time the business meets the minimum new job threshold, it may start a new five-year period (three-year for small/existing businesses) for the net new jobs created. There is no limit on the number of periods a company may use the program, as long as minimum new job thresholds and other program qualifications are met.
“New jobs” are defined as full-time (35 or more hours/week), year-round employees of the company that are employed at the project facility, based on the increase from the “base employment” (the average employment for the prior twelve months or the number of employees at the project facility at the time of the proposal, whichever is higher). In the event the company (or a related company) reduced jobs at another facility in Missouri with related operations, the new jobs at the project facility would be reduced accordingly.
Eligible Use of Tax Credits: This tax credit can be applied to Chapter 143 (state income tax, excluding withholding tax) and Chapter 148 (financial institutions tax). Tax credits can only be applied to tax liability for the year in which they were earned. Any unused balance is refundable. The credits may also be transferred, sold or assigned.
Funding Limits: There is no annual cap on the retained withholding taxes. The annual cap of tax credits for all projects is $12,000,000, which is provided on a first-come basis.
Application Procedure: Upon the submission of a “Notice of Intent” by the business, DED will issue a confirmation to the business that will:
• Confirm that the type of project/business is eligible.
• Establish the date “base employment” is calculated.
• Reserve the estimated tax credits for the project.
• Establish the 2-year “deadline” date for the creation of the minimum new
jobs to be eligible for the program.
Reporting: On an annual basis, the business must submit a report documenting the new jobs created, the total payroll, and confirming that the business meets the health insurance requirements for the new jobs.
Special Program Requirements:
A business cannot earn benefits under this program if earning benefits for the same project for the same time period of any of the following state programs:
- Missouri Enterprise Zone program or Enhanced Enterprise Zone program
- Business Facility program
- Rebuilding Communities program
- Brownfield Jobs and Investment tax credits
If a business utilizes the New Jobs Training Bond program, the Quality Jobs benefits would not include the withholding taxes but only the state tax credits.
For estimated state withholding taxes and county average wages, download full PDF version.
Rebuilding Communities Tax Credit Program – Helps stimulate eligible business activity in Missouri's "distressed communities" by providing state tax credits to eligible businesses that locate, relocate or expand their business within a distressed community.
Sales Tax Exemption – Machinery and equipment used to establish a new manufacturing facility or expand an existing manufacturing facility is exempt from local and state sales/use tax, provided such machinery/equipment is used directly to manufacture a product ultimately intended for sale.
Small Business Incubator Tax Credit Program – The Missouri Department of Economic Development (DED) may issue a 50% state tax credit to a taxpayer who makes a contribution to an approved incubator sponsor in Missouri.
Authorization
Section 620.495, RSMo
How the Program Works
The Department of Economic Development (DED) will issue state tax credits to a taxpayer who makes a contribution to an approved incubator sponsor in Missouri in an amount equal to 50% of such contribution.
Eligible Areas
Statewide.