MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Representative Dedeaux

AN ACT TO AMEND CHAPTER 502, LAWS OF 1995, TO PROVIDE THAT PERSONS WHO PAID MISSISSIPPI STATE INCOME TAXES UPON FEDERAL RETIREMENT BENEFITS DURING CALENDAR YEARS 1985 THROUGH 1989, WHO FAILED TO FILE AMENDED RETURNS FOR THOSE YEARS, AND WHO WERE PAID A REFUND OF THOSE TAXES UNDER CHAPTER 502, LAWS OF 1995, SHALL BE PAID INTEREST ON THE AMOUNT OF THE REFUND; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Chapter 502, Laws of 1995, is amended as follows:

Section 1. (1) Any person who paid Mississippi state income taxes upon federal retirement benefits during calendar years 1985, 1986, 1987, 1988 and 1989, and who failed to file amended returns for such years, shall be paid the amount of the Mississippi state income taxes he or she actually paid upon such federal retirement benefits during such years. A claim under this section must be made prior to July 1, 1995.

(2) Taxpayers eligible to receive the payment provided for in subsection (1) of this section shall make application or such payment to the State Tax Commission on forms prescribed by the commission. Taxpayers shall also submit to the State Tax Commission a copy of their state income tax return for the calendar years for which they are seeking payment and an affidavit swearing that the copies of the income tax returns are true and accurate.

(3) The State Tax Commission shall determine whether or not the applicant is entitled to a payment and the amount of the payment. Any person who feels aggrieved by any decision of the State Tax Commission made pursuant to this section may appeal such decision in the same manner as provided for in Sections 27-7-71 and 27-7-73, Mississippi Code of 1972, for appeals from decisions of the State Tax Commission in certain other cases.

(4) Upon a final determination that a person is entitled to the payment provided for in subsection (1) of this section and of the amount of such payment, the State Tax Commission shall make a payment to the proper person in the appropriate amount.

(5) Any person who received a payment from the State Tax Commission under the authority of this section shall be paid interest on the amount of the payment, as follows: The interest shall be computed separately for each portion of the payment that represents the Mississippi income taxes paid upon federal retirement benefits by the person for any of the calendar years referred to in subsection (1) of this section, and shall be computed at the rate of one percent (1%) per month for the period beginning after the expiration of ninety (90) days after the prescribed due date of the income tax return for each of those calendar years and ending on July 1, 1994. The State Tax Commission shall make the interest payment required by this subsection (5) to those persons entitled to it without the necessity of the person making an application to the commission.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.