Mo. Code Regs. tit. 13 § 40-79.010
Current through Register Vol. 49, No. 23, December 2, 2024
Section 13 CSR 40-79.010 - Domestic Violence Shelter Tax CreditPURPOSE: This rule describes the procedures for the implementation of section 135.550, RSMo, Domestic Violence Shelter Tax Credit, to reflect the requirements of SB 614 (2006).
(1) In general, this rule transfers oversight of the contributions to centers for victims of Domestic Violence Tax Credit Program from the Department of Public Safety to the Department of Social Services.(2) Definition of Terms. (A) "Contribution," a donation of cash, stocks, bonds or other marketable securities, or real property, with a value of not less than one hundred dollars ($100). In instances when the donor receives a benefit in conjunction with their contribution (i.e., auctions, golf tournaments, etc.), the taxpayer will be allowed to claim that portion of the donation that exceeds the fair market value of the benefit received. It is the shelter's responsibility to inform the taxpayer of the net amount of the contribution.(B) "Director," director of the Department of Social Services.(C) "Shelter for victims of domestic violence," a facility located in this state which meets the definition of a shelter for victims of domestic violence pursuant to section 455.200, RSMo, and which meets the requirements of section 455.220, RSMo.(D) "State tax liability," in the case of a business taxpayer, any liability incurred by such taxpayer pursuant to the provisions of Chapters 143, 147, 148 and 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions. In the case of an individual taxpayer, any liability incurred by such taxpayer pursuant to the provisions of Chapter 143, RSMo.(E) "Taxpayer," a person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of Chapter 143, RSMo or a corporation subject to the annual corporation franchise tax imposed by the provisions of Chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of Chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to Chapter 153, RSMo or an individual subject to the state income tax imposed by the provisions of Chapter 143, RSMo.(3) A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability in an amount equal to fifty percent (50%) of the amount such taxpayer contributed to a shelter for victims of domestic violence.(4) The taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution to the shelter(s) is at least one hundred dollars ($100) in value.(5) The amount of tax credit claimed must not be in excess of the taxpayer's state tax liability for the taxable year that the credit is claimed and shall not exceed fifty thousand dollars ($50,000) per taxable year.(6) Any tax credit that cannot be claimed in the taxable year the contribution was made, may be carried over to the next four (4) succeeding taxable years until the full credit has been claimed.(7) The director will annually develop and maintain a list of domestic violence shelters which are eligible for the Domestic Violence Shelter Tax Credit. (A) Information provided on the list available to taxpayers will be the domestic violence shelter name, mailing address and telephone number.(B) A copy of the eligible shelters will be made available to taxpayers upon written request to- Director of Social Services
Attn: Domestic Violence Shelter Tax
Credit Program
PO Box 216
Jefferson City, MO 65102-0216.
(8) Annually, the director will determine which facilities in the state of Missouri may be classified as shelters for victims of domestic violence for purposes of the Domestic Violence Shelter Tax Credit. In order to be an eligible shelter for purposes of the Domestic Violence Shelter Tax Credit, a facility must meet the definition as set forth in subsection (2)(C) of this rule. (A) In order for the director to make such determinations, applicants for eligibility must submit the following information: 1. A complete and accurate application (Attachment A, included herein). Applications may be obtained by sending a request to- Department of Social Services
Attn: Domestic Violence Shelter
Tax Credit Program
PO Box 216
Jefferson City, MO 65102;
2. A copy of certificate of incorporation;3. Verification of Internal Revenue Service (IRS) tax exempt status;4. A brief program description including the number of individuals served annually and the capacity of the facility;5. All information should be submitted to- Department of Social Services
Attn: Domestic Violence Shelter
Tax Credit Program
PO Box 216
Jefferson City, MO 65102-0216.
(B) All domestic violence shelters must establish their eligibility on an annual basis. Beginning fiscal year 2008, all shelters must submit the above information no later than June 1 of each calendar year to maintain their eligibility for the tax credit.(C) For fiscal year 2007 the director will continue to review, process and approve qualified tax credit applications submitted by eligible domestic violence shelters using the eligibility list established by the Department of Public Safety prior to the program's transfer to the Department of Social Services effective August 28, 2006. Regulations governing the processing and awarding of tax credits will be those established herein by the Department of Social Services, effective August 28, 2006.(D) Within forty-five (45) days of receipt of all the required documentation, the director will make a determination of eligibility and will notify the domestic violence shelters of the determination in writing. Upon a determination of eligibility, a shelter will automatically be added to the shelter listing. (9) The director shall equally apportion the total available tax credits among all eligible shelters for domestic violence effective the first day of each state fiscal year (FY). (A) The director shall inform each eligible domestic violence shelter of its share of the apportioned credits no later than thirty (30) days following July 1 of each fiscal year.(B) The director shall review the cumulative amount of approved tax credits not less than quarterly from the first day of each fiscal year. If a domestic violence shelter fails to use all, or some percentage to be determined by the director, of its apportioned tax credits during a predetermined period of time, the director may reapportion these unused tax credits to those domestic violence shelters that have used all, or most of their apportionment. The director may establish more than one (1) period of time and reapportion more than once during each fiscal year to the maximum extent possible to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.(C) Within thirty (30) days of any reapportionment, the director shall notify those domestic violence shelters that would be affected by the reapportioned tax credit. The director will consider comments the domestic violence shelters submit concerning planned future uses of the agency's tax credit allocation prior to the end of the thirty (30)-day period. The director's decision regarding reapportionment shall be final.(D) The cumulative amount of credits which may be claimed per any one (1) fiscal year shall not exceed two (2) million dollars.(10) An eligible shelter shall report the receipt of any contribution it believes qualifies for the tax credit on a form provided by the director. This form shall subsequently be known as the Domestic Violence Shelter Tax Credit Application (Attachment B, included herein). (A) Shelters may request the tax credit application by writing to- Department of Social Services
Attn: Domestic Violence Shelter
Tax Credit Program
PO Box 216
Jefferson City, MO 65102-0216.
(B) Shelters shall be permitted to decline a contribution from a taxpayer.(C) The tax credit application shall be submitted to the director by the domestic violence shelter within one (1) calendar year of the receipt of the contribution. Tax credit applications submitted more than one (1) year following the date of the contribution will be void and the right to the tax credit will be forfeited.(D) Verifying documentation must be attached to the tax credit application. The type of documentation required will depend on the type of donation. Required documentation includes the following: 1. Cash-legible receipt from the domestic violence shelter which indicates the name and address of the organization; name, address and telephone number of the contributor; amount and date the contribution was received; signature of a representative of the domestic violence shelter receiving the contribution;2. Check-photocopy of the canceled check, front and back-if not possible then copy of the original check and a receipt from the domestic violence shelter including the same information required of a cash donation as described in paragraph (10)(D)1. of this rule;3. Credit card-legible transaction receipt with the name and address of the domestic violence shelter; contributor's name, address and telephone number; amount and date the contribution was received; signature of a representative of the domestic violence shelter receiving the contribution. Receipts should have the credit card account number blacked out;4. Money order or cashier's check-legible copy of the original document with the name and address of the domestic violence shelter; contributor's name, address and telephone number; amount and date the contribution was received; signature of a representative of the domestic violence shelter receiving the contribution;5. Values of contributed stocks and bonds must be determined by a reputable source (e.g., Wall Street Journal, New York Stock Exchange (NYSE), National Association of Securities Dealers Automated Quotations (NASDAQ), etc.). Information required when submitting applications for tax credit shall include the source and date the stock was valued and how the bond amount was determined;6. The value of contributions of real estate shall be equal to the lowest of at least two (2) qualified independent appraisals for commercial, vacant or residential property that has been determined to have a value of over twenty-five thousand dollars ($25,000). Commercial, vacant or residential property having a value twenty-five thousand dollars ($25,000) or less will require only one (1) appraisal;7. Contributions that include a benefit to the donor-documentation required will depend on how the type of contribution was made (i.e. cash, check, etc.). The same information is required as described in paragraphs (10)(D)1.-4. of this rule. Additional information required includes the type of function or event from which the benefit was received, description of the benefit received (if an auction item, identify the item received), gross amount of the contribution, fair market value of the benefit, and how the fair market value of the benefit was determined. (11) Tax credits shall be issued in the order contributions are received.(12) The director will verify with the Director of Revenue any outstanding balances due from taxpayer's prior year's state tax liability. If a balance due is outstanding, the amount of tax credit issued under this rule will be reduced by that amount. The director shall be subject to the confidentiality and penalty provisions of section 32.057, RSMo, relating to the disclosure of tax information.(13) Within forty-five (45) days of receipt of the tax credit application, the director will provide notification of its decision to approve the application to the following parties: (A) Taxpayer (notification to the taxpayer will include the amount of tax credit that was approved);(B) Domestic violence shelter; and AUTHORITY: section 135.550, RSMo Supp. 2006*. Emergency rule filed Sept. 18, 2006, effective Oct. 1, 2006, expired March 29, 2007. Original rule filed Sept. 18, 2006, effective March 30, 2007. *Original authority: 135.550, RSMo 1997, amended 1999, 2006.