HOUSE BILL NO. 3204 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STINNETT.
6745H.01I JOSEPH ENGLER, Chief Clerk
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 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 real property; 4 (2) "Director", the director of the department of mental health; 5 (3) "Prevention resource center", an entity that is part of the Missouri 6 department of mental health's prevention resource center network; 7 (4) "Tax credit", a credit against the tax otherwise due under chapter 143, 8 excluding withholding tax imposed under sections 143.191 to 143.265; 9 (5) "Taxpayer", a person, firm, a partner in a firm, corporation, or a 10 shareholder in an S corporation doing business in the state of Missouri and subject to 11 the state income tax imposed by the provisions of chapter 143, or an individual subject 12 to the state income tax imposed by the provisions of chapter 143, or any charitable 13 organization that is exempt from federal income tax and whose Missouri unrelated 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 credit against the taxpayer's state tax liability in an amount equal
EXPLANATION — 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. HB 3204 2
18 to seventy percent of the amount such taxpayer contributed to a prevention resource 19 center. 20 3. The amount of the tax credit claimed shall not exceed the amount of the 21 taxpayer's state tax liability for the tax year for which the credit is claimed, and such 22 taxpayer shall not be allowed to claim a tax credit 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 credit unless the total amount of 25 such taxpayer's contribution or contributions to a prevention resource 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 credits allowed to all taxpayers under this 28 section shall not exceed two million five hundred thousand dollars per tax year. If the 29 amount of tax credits claimed in a tax year under this section exceeds two million five 30 hundred thousand dollars, tax credits shall be allowed based on the order in which they 31 are claimed. 32 5. Any amount of tax credit which exceeds the tax due or which is applied for 33 and otherwise eligible for issuance but not issued shall not be refunded but may be 34 carried 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 director shall determine, at least annually, which facilities in this state 38 may be classified as prevention resource centers. The director may require of a facility 39 seeking to be classified as a prevention resource center whatever information that is 40 reasonably necessary to make such a determination. The director shall classify a facility 41 as a prevention resource center if such facility meets the definition set forth in 42 subsection 1 of this section. 43 8. The director shall establish a procedure by which a taxpayer can determine if 44 a facility has been classified as a prevention resource center. Prevention resource 45 centers shall be permitted to decline a contribution from a taxpayer. A taxpayer shall 46 apply for the tax credit authorized under this section by attaching a copy of the 47 contribution verification provided by a prevention resource center to such taxpayer's 48 income tax return. 49 9. Each prevention resource center shall provide information to the director 50 concerning the identity of each taxpayer making a contribution to the prevention 51 resource center who is claiming a tax credit under this section and the amount of the 52 contribution. The director shall provide the information to the director of revenue. The 53 director shall be subject to the confidentiality and penalty provisions of section 32.057 54 relating to the disclosure of tax information. HB 3204 3
55 10. Notwithstanding any provision of section 105.1500 to the contrary, any 56 requirement to provide information, documents, or records under this section, and any 57 requirement established by the department to provide information, documents, or 58 records for the purpose of administering and enforcing this section, shall be exempt 59 from section 105.1500. 60 11. In the event a full or partial credit denial due to the cumulative maximum 61 amount of credits being redeemed for the tax year causes an income-tax balance due to 62 be owed to the state by the taxpayer, the taxpayer shall not be held liable for any 63 addition to tax, penalty, or interest on that income-tax balance due, provided the 64 balance is paid, or approved payment arrangements are made, within sixty days from 65 issuance of the notice of credit denial. 66 12. The department of revenue, in coordination with the department of mental 67 health, shall promulgate all necessary rules and regulations for the administration of 68 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that 69 is created under the authority delegated in this section shall become effective only if it 70 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 71 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 72 vested with the general assembly pursuant to chapter 536 to review, to delay the 73 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 74 then the grant of rulemaking authority and any rule proposed or adopted after August 75 28, 2026, shall be invalid and void. 76 13. Under section 23.253 of the Missouri sunset act: 77 (1) The provisions of the new program authorized under this section shall sunset 78 six years after the effective date of this section unless reauthorized by an act of the 79 general assembly; 80 (2) This section shall terminate on September first of the calendar year 81 immediately following the calendar year in which the program authorized under this 82 section is sunset; and 83 (3) Nothing in this subsection shall prevent a taxpayer from claiming a tax credit 84 properly issued before this program was sunset in a tax year after the program is sunset. ✔
Statutes affected: