MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Finance
By: Senator(s) Michel, Tate, Barrett, Thomas, Brumfield, McCaughn, Branning, Younger, Berry, Whaley, Seymour, Chassaniol
AN ACT TO AMEND SECTION 27-7-22.15, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE INCOME TAX CREDIT AUTHORIZED FOR APPROVED REFORESTATION PRACTICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-7-22.15, Mississippi Code of 1972, is amended as follows:
27-7-22.15. (1) As used in this section, the following words and phrases shall have the meanings ascribed to herein unless the context clearly indicates otherwise:
(a) "Approved reforestation practices" means the following practices for establishing a crop of trees suitable for manufacturing into forest products:
(i) "Pine and hardwood tree planting practices" including the cost of seedlings, planting by hand or machine, and site preparation.
(ii) "Mixed-stand regeneration practices" to establish a mixed-crop of pine and hardwood trees by planting or direct seeding, or both, including the cost of seedlings, seed/acorns, planting, seeding and site preparation.
(iii) "Direct seeding practices" to establish a crop of pine or oak trees by directly applying seed/acorns to the site, including the cost of seed/acorns, seeding and site preparation.
(iv) "Post-planting site preparation practices" to reduce or control undesirable competition within the first growing season of an established crop of trees.
Approved reforestation practices shall not include the establishment of orchards, Christmas trees or ornamental trees.
(b) "Eligible tree species" means pine and hardwood commercial tree species suitable for manufacturing into forest products.
(c) "Cost-share assistance" means partial financial payment for approved reforestation practices from the state government as authorized under Sections 49-19-201 through 49-19-227, or the federal government.
(d) "Eligible owner" means a private individual, group or association, but the term shall not mean private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.
(e) "Eligible lands" means nonindustrial private lands owned by a private individual, group or association, but shall not mean lands owned by private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.
(f) "Reforestation prescription or plan" means a written description of the approved reforestation practices that the eligible owner plans to use and includes a legal description and map of the area to be reforested, a list of the tree seedling or seed species to be used in the reforestation and the site preparation practices that will be utilized.
(2) Subject to the
limitations provided in subsection (3) of this section, upon submission to the * * *
department of the written verification provided for in subsection (5) of
this section and such other documentation as the * * *
department may require, any eligible owner who incurs costs for approved
reforestation practices for eligible tree species on eligible lands shall be
allowed a credit, in an amount equal to the lesser of * * * the actual costs of the approved reforestation practices or * * * the average cost of approved practices as established by the
Mississippi Forestry Commission under Section 49-19-219, against the taxes
imposed pursuant to this chapter for the tax year in which the costs are
incurred.
(3) The maximum amount of
the credit provided for in subsection (2) of this section that may be utilized
in any one (1) taxable year shall not exceed the lesser of * * * Twenty
Thousand Dollars ($20,000.00) or the amount of income tax imposed upon the
eligible owner for the taxable year reduced by the sum of all other credits allowable
to the eligible owner under this chapter, except credit for tax payments made
by or on behalf of the eligible owner. Any unused portion of the credit may be
carried forward for succeeding tax years. The maximum dollar amount of the
credit provided for in subsection (2) of this section that an eligible owner
may utilize during his lifetime shall be * * * One Hundred Twenty-five Thousand Dollars ($125,000.00)
in the aggregate.
(4) If an eligible owner receives any state or federal cost share assistance funds to defray the cost of an approved reforestation practice, the cost of that practice on the same acre or acres within the same tax year is not eligible for the credit provided in this section unless the eligible owner's adjusted gross income is less than the federal earned income credit level.
(5) To be eligible for the tax credit, an eligible owner must have a reforestation prescription or plan prepared for the eligible lands by a graduate forester of a college, school or university accredited by the Society of American Foresters or by a registered forester under the Foresters Registration Law of 1977. The forester must verify in writing that the reforestation practices were completed and that the reforestation prescription or plan was followed.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.