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SECOND REGULAR SESSION
SENATE BILL NO. 1592
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
6786S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 135.040, to read as 2
follows:3
135.040. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Contribution", a donation of cash, stock, bonds, 3
or other marketable securities, or real property; 4
(2) "Director", the director of the department of 5
mental health; 6
(3) "Prevention resource center", a not-for-profit 7
entity with a mission to reduce the illegal or age- 8
inappropriate use or misuse of alcohol, tobacco, and other 9
drugs; 10
(4) "State tax liability", in the case of a business 11
taxpayer, any liability incurred by such taxpayer pursuant 12
to the provisions of chapters 143, 147, 148, and 153, 13
excluding sections 143.191 to 143.265 and related 14
provisions, and in the case of an individual taxpayer, any 15
liability incurred by such taxpayer pursuant to the 16
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provisions of chapter 143, excluding sections 143.191 to 17
143.265 and related provisions; 18
(5) "Taxpayer", a person, firm, a partner in a firm, 19
corporation, or a shareholder in an S corporation doing 20
business in the state of Missouri and subject to the state 21
income tax imposed by the provisions of chapter 143, or a 22
corporation subject to the annual corporation franchise tax 23
imposed by the provisions of chapter 147, or an insurance 24
company paying an annual tax on its gross premium receipts 25
in this state, or other financial institution paying taxes 26
to the state of Missouri or any political subdivision of 27
this state pursuant to the provisions of chapter 148, or an 28
express company which pays an annual tax on its gross 29
receipts in this state pursuant to chapter 153, or an 30
individual subject to the state income tax imposed by the 31
provisions of chapter 143, or any charitable organization 32
which is exempt from federal income tax and whose Missouri 33
unrelated business taxable income, if any, would be subject 34
to the state income tax imposed under chapter 143. 35
2. (1) For all tax years beginning on or after 36
January 1, 2027, a taxpayer shall be allowed to claim a tax 37
credit against the taxpayer's state tax liability in an 38
amount equal to seventy percent of the amount such taxpayer 39
contributed to a prevention resource center. 40
(2) The cumulative amount of the tax credits 41
authorized pursuant to this section shall not exceed two 42
million five hundred thousand dollars in any fiscal year. 43
3. The amount of the tax credit claimed shall not 44
exceed the amount of the taxpayer's state tax liability for 45
the tax year for which the credit is claimed, and such 46
taxpayer shall not be allowed to claim a tax credit in 47
excess of one hundred thousand dollars per tax year. 48
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However, any tax credit that cannot be claimed in the tax 49
year the contribution was made may be carried over only to 50
the next succeeding tax year. No tax credit issued under 51
this section shall be assigned, transferred, or sold. 52
4. Except for any excess credit which is carried over 53
pursuant to subsection 3 of this section, a taxpayer shall 54
not be allowed to claim a tax credit unless the total amount 55
of such taxpayer's contribution or contributions to a 56
prevention resource center or centers in such taxpayer's tax 57
year has a value of at least one hundred dollars. 58
5. The director shall determine, at least annually, 59
which facilities in this state may be classified as 60
prevention resource centers. The director may require of a 61
facility seeking to be classified as a prevention resource 62
center whatever information which is reasonably necessary to 63
make such a determination. The director shall classify a 64
facility as a prevention resource center if such facility 65
meets the definition set forth in subsection 1 of this 66
section. 67
6. The director shall establish a procedure by which a 68
taxpayer can determine if a facility has been classified as 69
a prevention resource center. Prevention resource centers 70
shall be permitted to decline a contribution from a taxpayer. 71
7. Each prevention resource center shall provide 72
information to the director concerning the identity of each 73
taxpayer making a contribution to the prevention resource 74
center who is claiming a tax credit pursuant to this section 75
and the amount of the contribution. The director shall 76
provide the information to the director of revenue. The 77
director shall be subject to the confidentiality and penalty 78
provisions of section 32.057 relating to the disclosure of 79
tax information. 80
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8. The provisions of section 23.253 shall not apply to 81
this section. 82
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