HB 1278 Modifies provisions of law regarding certain tax credits

     Handler: Richard

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HBs 1278 & 1152 - This act modifies provisions of law regarding certain tax credits.

The Public Safety Officer Surviving Spouse Tax Credit program currently sunsets on August 28, 2013. This act extends the sunset to December 31, 2014. (Section 135.090)

The Children in Crisis Tax Credit program currently provides an income tax credit for contributions to child advocacy centers, crisis care centers, and entities that receive funding from the Court-Appointed Special Advocate Fund. This act extends the sunset on this tax credit program from August 28, 2012 to December 31, 2013. (Section 135.327)

This act extends the sunset from December 2013 to December 2014 on the section of law that creates the tax credit for certain taxpayers who modify their homes to make them accessible for a disabled resident.

Currently, the Rebuilding Communities tax credit program has a ten million dollar annual cap. If there are tax credits remaining under the cap, up to 100,000 dollars of this tax credit cap shall first be used for the residential dwelling accessibility tax credit. This act repeals the requirement that tax credits under the Rebuilding Communities tax credit cap be provided to the residential dwelling accessibility tax credit. (Sections 135.535 and 135.562)

Under current law, the provisions of law authorizing a tax credit for contributions to pregnancy resource centers will sunset August 28, 2012. This act reauthorizes these provisions until December 31, 2013. (Section 135.630)

This act modifies the sunset of the tax credit for donations to food pantries, so that the program that expired August 28, 2011 expires December 31, 2014. The act allows tax credits for donations to food pantries that occurred on or after the effective date of this act. (Section 135.647)

Under current law, residential treatment agencies are prohibited from applying for residential treatment agency tax credits in an amount greater than forty percent of the payments received by the agency from the Department of Social Services. This act would allow residential treatment agencies to apply for such tax credits in an amount which does not exceed the amount of payments received by the agency from the Department of Social Services. The act also allows certain children's homes that are licensed and under contract with the Department of Social Services to be eligible to receive donations and apply for tax credits under this tax credit program and extends the sunset on the program from August 28, 2012, to December 31, 2013. (Section 135.1150).

The act creates an income tax credit equal to fifty percent of the amount of an eligible donation made, on or after January 1, 2012, to a qualifying developmental disability care provider. Qualifying development disability care provider are care providers that provide assistance to people with developmental disabilities and are either accredited by certain organizations or under contract with the Department of Social Services or the Department of Mental Health. The tax credit may not be applied against withholding taxes. The tax credit is non-refundable, but may be carried forward four years. The tax credit is transferable. A provider may apply to the Department of Social Services for the tax credits. The provisions of this act shall automatically sunset December 31, 2016. (Section 135.1180)

The act places this new tax credit program under the requirements of the Tax Credit Accountability Act of 2004. (Section 135.800)

The provision regarding the food pantry tax credit has an emergency clause.

Provisions of this act are similar to provisions in SCS/SB 548 (2012), SB 471 (2012), SB 481 (2012), SB 532 (2012), SB 582 (2012), and SB 708 (2012).

EMILY KALMER


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