MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Ways and Means

By: Representative Smith (39th)

House Bill 1638

(As Passed the House)

AN ACT TO CREATE NEW SECTION 27-7-22.39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN INCOME TAX CREDIT FOR BUSINESSES THAT DEVELOP THEIR OWN MOBILE APPS FOR MOBILE COMPUTING DEVICES TO HELP PROMOTE THE BUSINESS OR CONTRACT WITH MISSISSIPPI-BASED MOBILE APP DEVELOPERS TO DEVELOP MOBILE APPS TO HELP PROMOTE THE BUSINESS; TO PROVIDE THAT THE INCOME TAX CREDIT SHALL BE AVAILABLE TO THE BUSINESS ONLY ONE TIME AND FOR ONLY ONE MOBILE APP, REGARDLESS OF HOW MANY MOBILE APPS THE BUSINESS DEVELOPS OR CONTRACTS FOR THE DEVELOPMENT OF; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 27-7-22.39, Mississippi Code of 1972:

     27-7-22.39.  (1)  As used in this section, the following terms shall have the definitions as provided in this subsection:

          (a)  "Mobile app" means a computer application software program that provides a specific set of functions other than the running of the computer itself that is designed to run on smart phones, tablet computers and other mobile or handheld computing devices.

          (b)  "Mobile app developer" means a person or entity that develops mobile apps for mobile or handheld computing devices.

          (c)  "Mobile app store" means a digital distribution platform or service for mobile apps that is available on the Internet where persons may obtain mobile apps for mobile or handheld computing devices.

     (2)  There shall be allowed a credit against the income taxes imposed under this chapter in an amount equal to One Thousand Two Hundred Dollars ($1,200.00) for a business that is located in and doing business in Mississippi that (a) develops its own mobile app to help promote the business, or (b) contracts with a Mississippi-based mobile app developer to develop a mobile app to help promote the business.

     (3)  In order to be eligible for the tax credit allowed under this section:

          (a)  A mobile app developed by the business must be offered for distribution in at least two (2) mobile app stores that are recognized by the Department of Revenue as valid mobile app stores.

          (b)  A mobile app developer that develops a mobile app under contract with the business must be based in Mississippi and must have developed at least fifty (50) mobile apps that are offered for distribution in one or more mobile app stores that are recognized by the Department of Revenue as valid mobile app stores.

     (4)  The tax credit allowed under this section shall not exceed the income tax liability of the business, and it shall be available to the business only one (1) time and for only one (1) mobile app, regardless of how many mobile apps the business develops or contracts for the development of.

     SECTION 2.  This act shall take effect and be in force from and after January 1, 2015.