Authorizes a tax credit for providing housing to victims of domestic violence

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 873
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WASHINGTON.
4348S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 135.550, RSMo, and to enact in lieu thereof one new section relating to a tax
credit for providing housing for victims of domestic violence.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 135.550, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 135.550, 2
to read as follows:3
135.550. 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) "Rape crisis center", a community-based nonprofit 5
rape crisis center, as defined in section 455.003, located 6
in this state and that provides the twenty-four-hour core 7
services of hospital advocacy and crisis hotline support to 8
survivors of rape and sexual assault; 9
(3) "Shelter for victims of domestic violence", a 10
facility located in this state which meets the definition of 11
a shelter for victims of domestic violence pursuant to 12
section 455.200 and which meets the requirements of section 13
455.220, or a nonprofit organization established and 14
operating exclusively for the purpose of supporting a 15
shelter for victims of domestic violence operated by the 16
state or one of its political subdivisions; 17
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(4) "State tax liability", in the case of a business 18
taxpayer, any liability incurred by such taxpayer pursuant 19
to the provisions of chapter 143, chapter 147, chapter 148, 20
and chapter 153, exclusive of the provisions relating to the 21
withholding of tax as provided for in sections 143.191 to 22
143.265 and related provisions, and in the case of an 23
individual taxpayer, any liability incurred by such taxpayer 24
pursuant to the provisions of chapter 143; 25
(5) "Taxpayer", a person, firm, a partner in a firm, 26
corporation or a shareholder in an S corporation doing 27
business in the state of Missouri and subject to the state 28
income tax imposed by the provisions of chapter 143, or a 29
corporation subject to the annual corporation franchise tax 30
imposed by the provisions of chapter 147, including any 31
charitable organization which is exempt from federal income 32
tax and whose Missouri unrelated business taxable income, if 33
any, would be subject to the state income tax imposed under 34
chapter 143, or an insurance company paying an annual tax on 35
its gross premium receipts in this state, or other financial 36
institution paying taxes to the state of Missouri or any 37
political subdivision of this state pursuant to the 38
provisions of chapter 148, or an express company which pays 39
an annual tax on its gross receipts in this state pursuant 40
to chapter 153, or an individual subject to the state income 41
tax imposed by the provisions of chapter 143. 42
2. A taxpayer shall be allowed to claim a tax credit 43
against the taxpayer's state tax liability, in an amount 44
equal to fifty percent of the amount such taxpayer 45
contributed to a shelter for victims of domestic violence or 46
rape crisis center for all fiscal years ending on or before 47
June 30, 2022, and seventy percent of the amount such 48
taxpayer contributed to a shelter for victims of domestic 49
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violence or rape crisis center for all fiscal years 50
beginning on or after July 1, 2022. 51
3. The amount of [the] any tax credit claimed under 52
subsection 2, 9, or 10 of this section shall not exceed the 53
amount of the taxpayer's state tax liability for the taxable 54
year that the credit is claimed, and such taxpayer shall not 55
be allowed to claim a tax credit in excess of fifty thousand 56
dollars per taxable year. However, any tax credit that 57
cannot be claimed in the taxable year the contribution was 58
made may be carried over only to the next succeeding tax 59
year. Tax credits issued pursuant to this section shall not 60
be assigned, transferred, or sold. 61
4. Except for any excess credit which is carried over 62
pursuant to subsection 3 of this section, a taxpayer shall 63
not be allowed to claim a tax credit under subsection 2 of 64
this section unless the total amount of such taxpayer's 65
contribution or contributions to a shelter or shelters for 66
victims of domestic violence or rape crisis center in such 67
taxpayer's taxable year has a value of at least one hundred 68
dollars. 69
5. The director of the department of social services 70
shall determine, at least annually, which facilities in this 71
state may be classified as shelters for victims of domestic 72
violence and rape crisis centers. The director of the 73
department of social services may require of a facility 74
seeking to be classified as a shelter for victims of 75
domestic violence or rape crisis center whatever information 76
is reasonably necessary to make such a determination. The 77
director of the department of social services shall classify 78
a facility as a shelter for victims of domestic violence or 79
rape crisis center if such facility meets the definition set 80
forth in subsection 1 of this section. 81
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6. The director of the department of social services 82
shall establish a procedure by which a taxpayer can 83
determine if a facility has been classified as a shelter for 84
victims of domestic violence or rape crisis center, and by 85
which such taxpayer can then contribute to such shelter for 86
victims of domestic violence or rape crisis center and claim 87
[a] the tax credit authorized under subsection 2 of this 88
section. Shelters for victims of domestic violence and rape 89
crisis centers shall be permitted to decline a contribution 90
from a taxpayer. The cumulative amount of tax credits which 91
may be claimed by all the taxpayers contributing to shelters 92
for victims of domestic violence and rape crisis centers in 93
any one fiscal year shall not exceed two million dollars for 94
all fiscal years ending on or before June 30, 2022. For all 95
fiscal years beginning on or after July 1, 2022, there shall 96
be no limit imposed on the cumulative amount of tax credits 97
that may be claimed by all taxpayers contributing to 98
shelters for victims of domestic violence and rape crisis 99
centers under the provisions of this section. 100
7. For all fiscal years ending on or before June 30, 101
2022, the director of the department of social services 102
shall establish a procedure by which, from the beginning of 103
the fiscal year until some point in time later in the fiscal 104
year to be determined by the director of the department of 105
social services, the cumulative amount of tax credits are 106
equally apportioned among all facilities classified as 107
shelters for victims of domestic violence and rape crisis 108
centers. If a shelter for victims of domestic violence or 109
rape crisis center fails to use all, or some percentage to 110
be determined by the director of the department of social 111
services, of its apportioned tax credits during this 112
predetermined period of time, the director of the department 113
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of social services may reapportion these unused tax credits 114
to those shelters for victims of domestic violence and rape 115
crisis centers that have used all, or some percentage to be 116
determined by the director of the department of social 117
services, of their apportioned tax credits during this 118
predetermined period of time. The director of the 119
department of social services may establish more than one 120
period of time and reapportion more than once during each 121
fiscal year. To the maximum extent possible, the director 122
of the department of social services shall establish the 123
procedure described in this subsection in such a manner as 124
to ensure that taxpayers can claim all the tax credits 125
possible up to the cumulative amount of tax credits 126
available for the fiscal year. 127
8. This section shall become effective January 1, 128
2000, and shall apply to all tax years after December 31, 129
1999. 130
9. For all tax years beginning on or after January 1, 131
2027, in addition to all other tax credits authorized under 132
this section, a taxpayer shall be allowed to claim a credit 133
against the taxpayer's state tax liability in an amount 134
equal to one thousand dollars if such taxpayer has converted 135
abandoned property, as such term is defined under section 136
447.700, into an operational shelter for victims of domestic 137
violence in the tax year for which the credit is sought. 138
10. For all tax years beginning on or after January 1, 139
2027, in addition to all other tax credits authorized under 140
this section, a taxpayer shall be allowed to claim a credit 141
against the taxpayer's state tax liability in an amount 142
equal to five hundred dollars if the taxpayer has rented 143
residential real estate to a victim of domestic violence, as 144
such term is defined under section 455.010, in the tax year 145
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for which the credit is sought. A taxpayer claiming a tax 146
credit pursuant to this subsection shall not disclose the 147
identity of any victim of domestic violence to whom the 148
taxpayer is renting residential real estate. 149
11. The department of social services and the 150
department of revenue may jointly promulgate all necessary 151
rules and regulations for the administration of subsections 152
9 and 10 of this section. Any rule or portion of a rule, as 153
that term is defined in section 536.010, that is created 154
under the authority delegated in this section shall become 155
effective only if it complies with and is subject to all of 156
the provisions of chapter 536 and, if applicable, section 157
536.028. This section and chapter 536 are nonseverable and 158
if any of the powers vested with the general assembly 159
pursuant to chapter 536 to review, to delay the effective 160
date, or to disapprove and annul a rule are subsequently 161
held unconstitutional, then the grant of rulemaking 162
authority and any rule proposed or adopted after August 28, 163
2026, shall be invalid and void. 164
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