MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Ways and Means

By: Representative Roberson

House Bill 261

(As Passed the House)

AN ACT TO AMEND SECTION 27-7-207, MISSISSIPPI CODE OF 1972, TO EXTEND UNTIL DECEMBER 31, 2026, THE INCOME TAX CREDIT AUTHORIZED UNDER THE ENDOW MISSISSIPPI PROGRAM FOR A QUALIFIED CONTRIBUTION BY A TAXPAYER TO AN ENDOWED FUND AT A QUALIFIED COMMUNITY FOUNDATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 27-7-207, Mississippi Code of 1972, is amended as follows:

     27-7-207.  (1)  Subject to the limitations provided for in this section, through calendar year * * * 2023 2028, a taxpayer shall be allowed a credit against the tax imposed by Chapter 7, Title 27, in an amount equal to twenty-five percent (25%) of a qualified contribution to an endowed fund at a qualified community foundation, subject to the following:

          (a)  The minimum amount of a qualified contribution shall be One Thousand Dollars ($1,000.00).

          (b)  The maximum amount of a qualified contribution shall be * * * Two Hundred Thousand Dollars ($200,000.00) Five Hundred Thousand Dollars ($500,000.00).

          (c)  The total qualified contributions from any qualified taxpayer eligible for the tax credit authorized under this section shall be * * * Two Hundred Thousand Dollars ($200,000.00) Five Hundred Thousand Dollars ($500,000.00) per year.

     (2)  Except as otherwise provided in this subsection, the aggregate amount of tax credits authorized under this article shall not exceed * * * Five Hundred Thousand Dollars ($500,000.00) One Million Dollars ($1,000,000.00) in any one (1) calendar year.  The credits shall be awarded on a first-come, first-served basis.  If the tax credits authorized for * * * used in any calendar year are not utilized, the amount not utilized may be awarded or carried forward in up to five (5) subsequent calendar years from the year in which such credits are made available.

     (3)  If the amount allowable as a credit exceeds the tax imposed by Chapter 7, Title 27, the amount of such excess may be carried forward for not more than five (5) subsequent taxable years.

     (4)  From and after January 1, * * * 2024 2029, no additional credits shall be authorized under this section; however, any tax credits authorized prior to January 1, * * * 2024 2029, and not used, may be carried forward for not more than five (5) taxable years subsequent to calendar year * * *2023 2028.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.