135.647. Donated food tax credit--definitions--amount--procedure to claim the credit--rulemaking authority--sunset provision.

MISSOURI STATUTES AND CODES

135.647. Donated food tax credit--definitions--amount--procedure to claim the credit--rulemaking authority--sunset provision.

Donated food tax credit--definitions--amount--procedure to claim thecredit--rulemaking authority--sunset provision.

135.647. 1. As used in this section, the following terms shall mean:

(1) "Local food pantry", any food pantry that is:

(a) Exempt from taxation under section 501(c)(3) of the InternalRevenue Code of 1986, as amended; and

(b) Distributing emergency food supplies to Missouri low-incomepeople who would otherwise not have access to food supplies in the area inwhich the taxpayer claiming the tax credit under this section resides;

(2) "Taxpayer", an individual, a firm, a partner in a firm,corporation, or a shareholder in an S corporation doing business in thisstate and subject to the state income tax imposed by chapter 143, RSMo,excluding withholding tax imposed by sections 143.191 to 143.265, RSMo.

2. For all tax years beginning on or after January 1, 2007, anytaxpayer who donates cash or food, unless such food is donated after thefood's expiration date, to any local food pantry shall be allowed a creditagainst the tax otherwise due under chapter 143, RSMo, excludingwithholding tax imposed by sections 143.191 to 143.265, RSMo, in an amountequal to fifty percent of the value of the donations made to the extentsuch amounts that have been subtracted from federal adjusted gross incomeor federal taxable income are added back in the determination of Missouriadjusted gross income or Missouri taxable income before the credit can beclaimed. Each taxpayer claiming a tax credit under this section shall filean affidavit with the income tax return verifying the amount of theircontributions. The amount of the tax credit claimed shall not exceed theamount of the taxpayer's state tax liability for the tax year that thecredit is claimed, and shall not exceed two thousand five hundred dollarsper taxpayer claiming the credit. Any amount of credit that the taxpayeris prohibited by this section from claiming in a tax year shall not berefundable, but may be carried forward to any of the taxpayer's threesubsequent taxable years. No tax credit granted under this section shallbe transferred, sold, or assigned. No taxpayer shall be eligible toreceive a credit pursuant to this section if such taxpayer employs personswho are not authorized to work in the United States under federal law.

3. The cumulative amount of tax credits under this section which maybe allocated to all taxpayers contributing to a local food pantry in anyone fiscal year shall not exceed two million dollars. The director ofrevenue shall establish a procedure by which the cumulative amount of taxcredits is apportioned among all taxpayers claiming the credit by Aprilfifteenth of the fiscal year in which the tax credit is claimed. To themaximum extent possible, the director of revenue shall establish theprocedure described in this subsection in such a manner as to ensure thattaxpayers can claim all the tax credits possible up to the cumulativeamount of tax credits available for the fiscal year.

4. Any local food pantry may accept or reject any donation of foodmade under this section for any reason. For purposes of this section, anydonations of food accepted by a local food pantry shall be valued at fairmarket value, or at wholesale value if the taxpayer making the donation offood is a retail grocery store, food broker, wholesaler, or restaurant.

5. The department of revenue shall promulgate rules to implement theprovisions of this section. Any rule or portion of a rule, as that term isdefined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2007, shall be invalid and void.

6. Under section 23.253, RSMo, of the Missouri sunset act:

(1) The provisions of the new program authorized under this sectionshall automatically sunset four years after August 28, 2007, unlessreauthorized by an act of the general assembly; and

(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and

(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.