On Thursday, the Mississippi Senate passed a bill to create the “Mississippi Flexible Tax Incentive Act,” or mFlex. This act would allow for businesses and industries to apply for tax incentives for qualified economic development projects through the Mississippi Development Authority in an easier, more coordinated manner.
SB 2822, authored by Sen. Parker (R), outlines the application process and requirements it takes for a business or industry to qualify. The amount of the mFlex incentive is calculated through several ways.
MDA will calculate 1.5% of the total purchase or value on manufacturing costs, 7% of the total purchase on installation and non-manufacturing costs and 2% of the total contract price to be paid to a contractor. The credit also takes into account the average pay of employees and how many are hired for the project.
The bill reads:
AN ACT TO CREATE THE “MISSISSIPPI FLEXIBLE TAX INCENTIVE ACT”; TO DEFINE TERMS; TO ESTABLISH REQUIREMENTS AND STANDARDS FOR APPLICATION TO THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR CERTIFICATION AND AWARD OF THE MISSISSIPPI FLEXIBLE TAX INCENTIVE; TO ESTABLISH REQUIREMENTS AND STANDARDS FOR THE CERTIFICATION AND AWARD OF THE MISSISSIPPI FLEXIBLE TAX INCENTIVE BY THE MISSISSIPPI DEVELOPMENT AUTHORITY TO A QUALIFIED BUSINESS OR INDUSTRY FOR A QUALIFIED ECONOMIC DEVELOPMENT PROJECT; TO PRESCRIBE THE MEANS OF CALCULATING AND APPLYING SUCH INCENTIVE; TO PROHIBIT UTILIZATION OF CERTAIN OTHER INCENTIVES IN COMBINATION WITH THE MISSISSIPPI FLEXIBLE TAX INCENTIVE; TO ESTABLISH REQUIREMENTS AND STANDARDS FOR ANNUAL REPORTING BY A QUALIFIED BUSINESS OR INDUSTRY, MODIFICATIONS TO PRIOR INCENTIVE AWARDS BY THE MISSISSIPPI DEVELOPMENT AUTHORITY AND DEADLINES FOR THE UTILIZATION OF SUCH 15 INCENTIVE; TO AUTHORIZE AUDITS BY THE MISSISSIPPI DEPARTMENT OF REVENUE AND SHARING OF CERTAIN INFORMATION ABOUT CERTAIN INCENTIVE AWARDEES BETWEEN STATE AGENCIES; TO CLARIFY THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY IS GRANTED EXCLUSIVE JURISDICTION TO CERTIFY, AWARD AND MAKE ANY ADJUSTMENTS TO A MISSISSIPPI FLEXIBLE TAX INCENTIVE FOR A QUALIFIED BUSINESS OR INDUSTRY;
As the bill has passed in the Senate, it will now head to the House for consideration.
Sarah Ulmer
