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41-9-219.4
Section 41-9-219.4 Recapture of tax credit; notice (a) The Department of Revenue shall
recapture, from the taxpayer that claimed or is entitled to claim the credit on a return,
the tax credit allowed under this article if, at any time during the seven-year period beginning
on the date of the original issue to the qualified equity investment in a qualified community
development entity, one of the following occurs: (1) Where any amount of the federal tax credit
available with respect to a qualified equity investment that is eligible for a tax credit
under this article is recaptured under Section 45D of the Internal Revenue Code of
1986, as amended, the Department of Revenue's recapture shall be proportionate to the federal
recapture with respect to that qualified equity investment, and may then reallocate the recaptured
credits to other qualified taxpayers in the year of recapture, without regard for the annual
allocation limitation found in Section 41-9-219.2. (2) The Department of...
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41-9-218
Section 41-9-218 Definitions. As used in this article, the following terms shall have
the following meanings: (1) APPLICABLE PERCENTAGE. Zero percent for the first credit allowance
date, 8.33 percent for the next six credit allowance dates, for the total of 50 percent. (2)
CREDIT ALLOWANCE DATE. With respect to any qualified equity investment, the date on which
such investment is initially made and each of the six anniversary dates of that date thereafter.
(3) DEPARTMENT. The Department of Commerce. (4) LONG-TERM DEBT SECURITY. Any debt instrument
issued by a qualified community development entity, at par value or a premium, with an original
maturity date of at least seven years from the date of its issuance, with no acceleration
of repayment, amortization, or prepayment features prior to its original maturity date. The
qualified community development entity that issues the debt instrument may not make cash interest
payments on the debt instrument during the period beginning on the...
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41-9-219-6
Section 41-9-219-6 Examinations; rules; appraisal. (a) The department may conduct examinations
to verify that the tax credits under this article have been received and applied according
to the requirements of this article and to verify that no event has occurred that would result
in a recapture of tax credits under Section 41-9-219.4. (b) The department and the
Department of Revenue shall prescribe such rules as may be appropriate to carry out their
respective duties under this section and may issue advisory letters to individual qualified
community development entities and their investors that are limited to the specific facts
outlined in an advisory letter request from a qualified community development entity. The
rulings cannot be relied upon by any person or entity other than the qualified community development
entity that requested the letter and the taxpayers that are entitled to any tax credits generated
from investments in the entity. (c) In rendering advisory letters and...
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41-9-219.3
Section 41-9-219.3 Application for designation as a qualified equity investment. (a)
A qualified community development entity that seeks to have an equity investment or long-term
debt security designated as a qualified equity investment and eligible for tax credits under
this article shall apply to the department. The qualified community development entity shall
submit an application on a form that the department provides that includes all of the following:
(1) The name, address, tax identification number of the entity, and evidence of the entity's
certification as a qualified community development entity. (2) A copy of any allocation agreement
executed by the entity, or its controlling entity, and the Community Development Financial
Institutions Fund. (3) A certificate executed by an executive officer of the entity attesting
that the allocation agreement remains in effect and has not been revoked or cancelled by the
Community Development Financial Institutions Fund. (4) A description...
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41-9-219.5
Section 41-9-219.5 Report. (a) On or before the 30th day prior to the third and sixth
anniversaries of the issuance of each qualified equity investment, the issuer of such qualified
equity investment shall submit a report on a form that the department provides that includes
all of the following: (1) The name, address, and tax identification number of the issuer.
(2) The name, address, and tax identification number of any qualified active low-income community
businesses in which the qualified community development has made qualified low-income community
investments. (3) A certificate executed by an executive officer of the issuer attesting to
the number of qualified jobs and corresponding payroll created at the qualified active low-income
community business, the average of the salaries of such jobs, and the date each job was created
and, if applicable, terminated. (4) A certificate executed by an executive officer of the
issuer attesting to all of the following: a. The value of...
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40-18-6.1
Section 40-18-6.1 Gain or loss - Special rules for capital gains invested in opportunity
zones. (a) The provisions in 26 U.S.C. ยง 1400Z-2 shall be applicable to an investment in
an approved opportunity fund in calculating both of the following: (1) The income tax levied
by this chapter, or the estimated income tax payment. (2) The financial institution excise
tax found in Chapter 16. (b) Any approved opportunity fund may enter into a project agreement
with ADECA to provide to the fund's investors impact investment tax credits against any tax
liability described in subdivisions (1) and (2) of subsection (a). The impact investment tax
credits shall be allocated annually, but only to the extent that one or more projects undertaken
by the fund are not producing the returns provided in the project agreement. Provided however,
the calculation of the impact investment tax credit does not guarantee a rate of return that
is more than the 52-week average yield rate for the United States 10-year...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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37-11C-3
Section 37-11C-3 Standards for approval of qualified railroad rehabilitation expenditures;
application for tax credits; completion of project; tax credit certificate; fees; annual report.
(a) By December 1, 2019, the Department of Commerce shall develop standards for the approval
of qualified railroad rehabilitation expenditures for which a tax credit is being sought.
The standards shall consider the availability of additional public or private funding for
the project, the expected completion time of the project, and the anticipated impact of the
project on usage of the railroad infrastructure. (b) Prior to beginning any qualified railroad
rehabilitation work, the eligible taxpayer shall submit an application and rehabilitation
plan to the department and an estimate of the qualified railroad rehabilitation expenditures
under the rehabilitation plan; provided, however, the eligible taxpayer, at its own risk,
may incur qualified railroad rehabilitation expenditures no earlier than six...
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40-18-324
Section 40-18-324 Duties and procedures. (a) The Department of Labor, in coordination
with the Department of Revenue, the Department of Economic and Community Affairs, and the
Department of Veterans' Affairs shall: (1) Promote awareness of the unemployed veteran tax
credit authorized in this article to employers and eligible veterans. (2) Establish procedures
for prequalifying an individual as an unemployed veteran and for providing notice to the Department
of Labor when a new full-time employee is hired. (3) Establish procedures for certifying a
qualified employer's compliance, or in the case of a credit under subsection (b) of Section
40-18-323, a recently deployed unemployed veteran's compliance, with the eligibility and expense
verification requirements to claim the credit authorized under this section. (4) Adopt
measurable goals, outcomes, and an audit strategy to assess the utilization and performance
of the credits authorized in this article. (5) On or before January 15, 2014,...
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