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The Enterprise Zone Tax Benefit

The purpose of Missouri's enterprise zone tax credit program is to facilitate the expansion of new or existing businesses in the state's 66 enterprise zones. The program works by providing state income tax credits to a business based on the number of new jobs and amount of new investment created at the qualifying facility. The business may earn credits based on the facility's new jobs and investment, the number of zone residents and the number of "special" employees hired and trained for the facility.

There is a possible income exemption, partial tax credit refund and property tax abatement on improvements to real property provided certain requirements are met. The credits are provided each tax year for up to a 10-year period after the project commences operations. Each enterprise zone has a different expiration date for the income tax credits.

To be eligible for this program, the proposed project must be located in one of Missouri's 66 enterprise zones. Zones are certified by the Department of Economic Development (BED). This is based on demographic eligibility and approval of a request by the local governments. The statutes limit the number of zones that may be authorized.

Eligible projects include facilities primarily engaged in manufacturing, warehousing, wholesale distribution, mining, insurance, research and development, recycling operations, computer-related services and certain office activities. The business must have created at least two new jobs and $100,000 in new investment ($1,000,000 for replacement facilities) at the project site. Facility eligibility is determined by its primary Standard Industrial Classification (SIC) code as designated by the Division of Workforce Development.

A business may reduce its total Missouri income tax by up to 100 percent, depending on whether it operates other Missouri facilities; the more jobs and investment created at the qualifying facility, the more Missouri income tax the earned credit can offset. The application procedure requires that the business must submit a form letter of intent (pre-application) to DED at least 15 days prior to commencement of facility operations in order for the project to be eligible. In addition, the business must submit Missouri Form 135 with Schedules S and M the year immediately following the tax period the project commenced operations. The DED reviews the application, determines eligibility, and if the project is eligible, issues the tax credit certification to the Department of Revenue authorizing the taxpayer to claim the credits.

The credits are based on the original cost of new machinery, equipment, furniture, fixtures, land and building and/or eight times the annual rental rate paid for the same. Inventory is not eligible. There are funding limits on the tax credits. The tax credits are earned each tax period for up to a 10-year period, depending on the zone's expiration date. Possible tax credits include:

  • $400 for each new job created at the project;
  • 2 percent of the new capital investment over $100,000 created at the project;
  • $400 for each zone resident employee (prorated on 365 days);
  • $400 prorated on 365 days for each "special" employee hired (person must be unemployed for at least 90 days when hired, or eligible for AFDC or the General Relief program);
  • $400 per trained employee hired who is a zone resident or was unemployed for 90 days;
  • Up to $75,000 refund of unused credits earned by new facilities only; and
  • At least a 50 percent abatement for at least 10 years on improvements made to real property used for manufacturing, mining, warehousing or wholesale distribution. Abatement may be offered to other types of companies if the facility creates at least 50 new full-time jobs.

There are special program requirements. Credits may be applied to Chapter 143, excluding withholding taxes imposed under 143.191 to 143.261, or 148, RSMo (insurance companies and banks). If the taxpayer is an S-corporation or partnership, the individual shareholders or partners may take the credits on business income only. Also, there are no carry-forward provisions. Credits are re-earned each tax year for up to 10 years, depending on the life of the enterprise zone.

For more complete information you may contact the Missouri Department of Economic Development Incentives Section at 301 West High Street, P.O. Box 118 Jefferson City, MO 65102, Phone: 573-751-0717, Fax: 573-751-7384 or send an email to dedfin@ded.mo.gov

The information presented here was taken from the Missouri Business and Community Services website at: www.missouridevelopment.org.


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Authored by: Rick Sparks, Business and Industry Specialist, University of Missouri Extension
Source: Creating Quality Newsletter, Volume 12, Number 3, March 2003

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