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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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