MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Ways and Means

By: Representative Fleming

House Bill 202

AN ACT TO PROVIDE FOR A REFUND OF A PORTION OF SALES TAXES COLLECTED BY TAXPAYERS THAT COLLECT SALES TAX ON RETAIL SALES AND EMPLOY PERSONS WITH FELONY CONVICTIONS; TO LIMIT THE AMOUNT OF THE SALES TAX REFUND; TO PROVIDE THAT A TAXPAYER MUST PROVIDE THE STATE TAX COMMISSION WITH CERTAIN INFORMATION IN ORDER TO RECEIVE THE SALES TAX REFUND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  (a)  Subject to the provisions of this section, for a taxpayer that collects sales tax on retail sales and employs persons with felony convictions, there shall be allowed a refund of a portion of the sales tax collected and remitted by the taxpayer under this chapter.  For the purposes of this section, the term "felony conviction" means any conviction of an offense that constitutes a felony under the laws of this state, any other state or the United States.

          (b)  The amount of sales taxes refunded to a taxpayer under this section shall be as follows:

               (i)  For a taxpayer having twenty percent (20%) or less of its employees who have felony convictions, the refund shall be equal to one percent (1%) of the sales taxes collected and remitted by the taxpayer.

               (ii)  For a taxpayer having more than twenty percent (20%) but not more than forty percent (40%) of its employees who have felony convictions, the refund shall be equal to three percent (3%) of the sales taxes collected and remitted by the taxpayer.

               (iii)  For a taxpayer having more than forty percent (40%) of its employees who have felony convictions, the refund shall be equal to five percent (5%) of the sales taxes collected and remitted by the taxpayer.

     (2)  If a taxpayer desires to qualify for the sales tax refund provided in this section, the taxpayer must provide the State Tax Commission with documentation verifying the name and conviction record of each employee for which the taxpayer claims to eligible for the sales tax refund and any other information required by the commission.  The State Tax Commission shall promulgate any rules and regulations necessary to carry out the provisions of this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.