Authorizes a tax credit for contributions to prevention resource centers

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3204
103RD GENERAL ASSEMBL Y
6745H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 135, RSMo, by adding thereto one new section relating to a tax credit for
contributions to prevention resource centers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 135, RSMo, is amended by adding thereto one new section, to be
2 known as section 135.2100, to read as follows:
135.2100 . 1. As used in this section, the following terms shall mean:
2 (1) "Contribution", a donation of cash, stock, bonds, or other marketable
3 securities, or r eal prope rty;
4 (2) "Dir ector", the dir ector of the department of mental health;
5 (3) "Preven tion re source center", an entity that is part of the Missouri
6 department of mental health's pr evention res ource center network;
7 (4) "T ax cre dit", a cr edit against the tax otherwise due under chapter 143,
8 excluding withholding tax imposed under sections 143.191 to 143.265;
9 (5) "T axpayer", a person, firm, a partner in a firm, corporation, or a
10 shar eholder in an S corporation doing business in the state of Missouri and subject to
11 the state income tax imposed by the pr ovisions of chapter 143, or an individual subject
12 to the state income tax imposed by the provi sions of chapter 143, or any charitable
13 organization that is exempt fr om federal income tax and whose Missouri unr elated
14 business taxable income, if any , would be subject to the state income tax imposed under
15 chapter 143.
16 2. For all tax years beginning on or after January 1, 2027, a taxpayer shall be
17 allowed to claim a tax cr edit against the taxpayer's state tax liability in an amount equal
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 to seventy per cent of the amount such taxpayer contributed to a pr evention r esource
19 center .
20 3. The amount of the tax credi t claimed shall not exceed the amount of the
21 taxpayer's state tax liability for the tax year for which the cred it is claimed, and such
22 taxpayer shall not be allowed to claim a tax cr edit in excess of fifty thousand dollars per
23 tax year . Except for any excess credit which is carried over under subsection 5 of this
24 section, a taxpayer shall not be allowed to claim a tax credi t unless the total amount of
25 such taxpayer's contribution or contributions to a pr evention r esource center or centers
26 in such taxpayer's tax year has a value of at least fifty dollars.
27 4. The cumulative amount of tax cr edits allowed to all taxpayers under this
28 section shall not exceed two million five hundr ed thousand dollars per tax year . If the
29 amount of tax cr edits claimed in a tax year under this section exceeds two million five
30 hundr ed thousand dollars, tax credits shall be allowed based on the order in which they
31 ar e claimed.
32 5. Any amount of tax cr edit that exceeds the tax due or that is applied for and
33 otherwise eligible for issuance but not issued shall not be ref unded but may be carried
34 over to any subsequent tax year , not to exceed a total of five years.
35 6. No tax credit claimed under this section shall be assigned, transferred, sold, or
36 otherwise conveyed.
37 7. The dir ector shall determine, at least annually , which facilities in this state
38 may be classified as pr evention r esource centers. The direc tor may requ ire of a facility
39 seeking to be classified as a prev ention r esource center whatever information is
40 r easonably necessary to make such a determination.
41 8. The dir ector shall establish a pr ocedur e by which a taxpayer can determine if
42 a facility has been classified as a pr evention res ource center . Pr evention r esource
43 centers shall be permitted to decline a contribution fr om a taxpayer . A taxpayer shall
44 apply for the tax cre dit authorized under this section by attaching a copy of the
45 contribution verification provi ded by a pr evention res our ce center to such taxpayer's
46 income tax ret urn.
47 9. Each pre vention res ource center shall pro vide information to the dir ector
48 concerning the identity of each taxpayer making a contribution to the prev ention
49 r esource center who is claiming a tax credi t under this section and the amount of the
50 contribution. The dir ector shall pr ovide the information to the dir ector of rev enue. The
51 dir ector shall be subject to the confidentiality and penalty pro visions of section 32.057
52 r elating to the disclosur e of tax information.
53 10. Notwithstanding any provi sion of section 105.1500 to the contrary , any
54 r equir ement to pr ovide information, documents, or rec ords under this section, and any
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55 r equir ement established by the department to provi de information, documents, or
56 r ecords for the purpose of administering and enforcing this section, shall be exempt
57 fr om section 105.1500.
58 1 1. In the event a full or partial cred it denial due to the cumulative maximum
59 amount of cre dits being red eemed for the tax year causes an income-tax balance due to
60 be owed to the state by the taxpayer , the taxpayer shall not be held liable for any
61 addition to tax, penalty , or inter est on that income-tax balance due, pr ovided the
62 balance is paid, or appr oved payment arrangements are made, within sixty days fr om
63 issuance of the notice of credit denial.
64 12. The department of r evenue, in coordination with the department of mental
65 health, shall pr omulgate all necessary rules and reg ulations for the administration of
66 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that
67 is cr eated under the authority delegated in this section shall become effective only if it
68 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
69 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
70 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
71 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
72 then the grant of rulemaking authority and any rule pro posed or adopted after August
73 28, 2026, shall be invalid and void.
74 13. Under section 23.253 of the Missouri sunset act:
75 (1) The prov isions of the new pr ogram authorized under this section shall sunset
76 six years after the effective date of this section unless reauthori zed by an act of the
77 general assembly;
78 (2) This section shall terminate on September first of the calendar year
79 immediately following the calendar year in which the prog ram authorized under this
80 section is sunset; and
81 (3) Nothing in this subsection shall prev ent a taxpayer fr om claiming a tax credit
82 pr operly issued before this pr ogram was sunset in a tax year after the prog ram is sunset.
✔
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