MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Ways and Means

By: Representatives Green (72nd), Wallace, Banks, Bozeman, Straughter

House Bill 807

AN ACT TO PROVIDE A CREDIT AGAINST STATE INCOME TAXES FOR AN INDIVIDUAL TAXPAYER WHO MAKES CHILD SUPPORT PAYMENTS REQUIRED BY COURT ORDER; TO LIMIT THE AMOUNT OF SUCH CREDIT; TO PROVIDE THAT A TAXPAYER MUST PROVIDE THE STATE TAX COMMISSION WITH A COPY OF THE COURT ORDER REQUIRING CHILD SUPPORT PAYMENTS IN ORDER TO BE ELIGIBLE FOR THE TAX CREDIT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) For any individual taxpayer who makes child support payments, there shall be a credit against the taxes imposed by this chapter for the current tax year in the amount specified in subsection (2) of this section. For the purposes of this section, "child support payments" means any payment made for the support of a dependent, which payment is made pursuant to any order rendered by a court of competent jurisdiction.

(2) Any taxpayer who makes child support payments shall be allowed a credit against the taxes imposed by this chapter in an amount equal to the applicable percentage of the child support payments made by such individual during the taxable year. For the purposes of this section, "applicable percentage" means thirty percent (30%) reduced by one percent (1%) for each Two Thousand Dollars ($2,000.00), or fraction thereof, by which the taxpayer's adjusted gross income for the current tax year exceeds Ten Thousand Dollars ($10,000.00). In no case, however, shall the applicable percentage be reduced below twenty percent (20%).

(3) The credit authorized by this section shall not exceed the amount of taxes due the State of Mississippi, and no unused portion of the credit shall be carried forward to any succeeding taxable year.

(4) To obtain the credit provided for in this section, a taxpayer must provide the State Tax Commission with a copy of the court order under which the taxpayer made the child support payments for which the credit is claimed.

SECTION 2. Section 1 of this act shall be codified in Title 27, Chapter 7, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after January 1, 1998.