2004 Regular Session
To: Ways and Means
By: Representative Fleming
AN ACT TO PROVIDE AN INCOME TAX CREDIT FOR TAXPAYERS WHO INCUR EXPENSES FOR CRIMINAL RECORDS BACKGROUND CHECKS REQUIRED BY LAW FOR EMPLOYEES AND PROSPECTIVE EMPLOYEES; TO LIMIT THE AMOUNT OF THE INCOME TAX CREDIT THAT MAY BE CLAIMED BY A TAXPAYER; TO PROVIDE THAT A TAXPAYER MUST PROVIDE CERTAIN INFORMATION TO THE STATE TAX COMMISSION IN ORDER TO RECEIVE THE INCOME TAX CREDIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For any taxpayer that incurs expenses
for a criminal records background check required by law for an employee or prospective employee, or both, of the taxpayer, a credit against the taxes imposed under this chapter shall be allowed in the amount provided in this section. If a taxpayer incurs expenses for such a criminal records background check for more than one (1) employee or prospective employee, or both, the taxpayer may claim the credit for the aggregate amount of such expenses. However, the maximum aggregate income tax credit that may be claimed by a taxpayer for a taxable year shall not exceed the lesser of Three Thousand Five Hundred Dollars ($3,500.00) or the amount of income tax imposed upon the taxpayer for the taxable year reduced by the sum of all other credits allowable to such taxpayer under this chapter, except credit for tax payments made by or on behalf of the taxpayer.
(2) To obtain the credit provided for in this section, a taxpayer must provide to the State Tax Commission proof of the expenses incurred for which the credit is claimed and any other information required by the State Tax Commission.
SECTION 2. Section 1 of this act shall be codified as a separate code section in Chapter 7, Title 27, Mississippi Code of 1972.
SECTION 3. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.
SECTION 4. This act shall take effect and be in force from and after January 1, 2005.