Effective - 28 Aug 2021, 2 histories
135.326. Definitions. — As used in sections 135.325 to 135.339, the following terms shall mean:
(1) "Business entity", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153;
(2) "Child", any individual who:
(a) Has not attained an age of at least eighteen years; or
(b) Is eighteen years of age or older but is physically or mentally incapable of caring for himself or herself;
(3) "Disability", a mental, physical, or emotional impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, and where the impairment is verified by medical findings;
(4) "Nonrecurring adoption expenses", reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child and which are not incurred in violation of federal, state, or local law;
(5) "Special needs child", a child for whom it has been determined by the children's division, or by a child-placing agency licensed by the state, or by a court of competent jurisdiction to be a child:
(a) That cannot or should not be returned to the home of his or her parents; and
(b) Who has a specific factor or condition such as age, membership in a sibling group, medical condition or diagnosis, or disability because of which it is reasonable to conclude that such child cannot be easily placed with adoptive parents;
(6) "State tax liability", any liability incurred by a taxpayer under the provisions of chapter 143, chapter 147, chapter 148, and chapter 153, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265 and related provisions.
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(L. 1987 S.B. 402 § 2, A.L. 1995 H.B. 414, A.L. 1999 H.B. 316, et al., A.L. 2014 H.B. 1299 Revision, A.L. 2021 H.B. 429 merged with H.B. 430)
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Section 135.010 - Definitions.
Section 135.015 - Time for filing and other procedural matters, how governed.
Section 135.020 - Credits, how applied, considered overpayment, when.
Section 135.035 - Claims for calendar year 1975 and later affected.
Section 135.096 - Long-term care insurance tax deduction, amount.
Section 135.100 - Definitions.
Section 135.115 - Vesting of tax credits, when — waiver, applicable when.
Section 135.120 - Deferment of tax credit — election — notice.
Section 135.200 - Definitions.
Section 135.204 - Contingent effective date for certain sections.
Section 135.205 - Requirements to qualify as enterprise zone.
Section 135.207 - Satellite zones may be established in certain cities or villages, requirements.
Section 135.209 - Satellite enterprise zone may be established, city of Independence.
Section 135.240 - Employees for which employer may claim training credit.
Section 135.250 - Rules authorized, procedure.
Section 135.255 - Displaced enterprise zone resident assistance, when, limitations.
Section 135.256 - Enterprise zone to be established in certain cities (Rolla).
Section 135.257 - Enterprise zone to be established in city not within a county (St. Louis).
Section 135.258 - Letter of intent required, when.
Section 135.259 - Enterprise zone designated for a certain county (Wright County)
Section 135.260 - Enterprise zone designated for a certain city (Carl Junction)
Section 135.262 - Any area meeting enterprise zone requirements shall be designated as such.
Section 135.276 - Definitions.
Section 135.277 - Taxable income of retained business facility exempt from income taxation, amount.
Section 135.279 - Tax credit, amount (Hazelwood Ford Plant) — calculation and limitations on credit.
Section 135.281 - Application for income tax refund (Hazelwood Ford Plant) — approval procedures.
Section 135.284 - Contingent expiration of certain sections.
Section 135.300 - Definitions.
Section 135.305 - Eligibility — amount of tax credit.
Section 135.307 - Credit exceeding tax, not refunded, effect.
Section 135.309 - Assignment of credit, procedure.
Section 135.311 - Application, content, filed where.
Section 135.313 - Credit for charcoal producers.
Section 135.326 - Definitions.
Section 135.329 - Credit not allowed, when.
Section 135.331 - Adopted child eighteen years of age or older, credit not allowed — exception.
Section 135.335 - Credit reduced, amount, when.
Section 135.337 - Credit not to be considered for adoption subsidy.
Section 135.339 - Rules authorized, procedure.
Section 135.350 - Definitions.
Section 135.357 - Capital gain exclusion, when.
Section 135.359 - Rules authorized, procedure.
Section 135.361 - Rules, effective, when — rules invalid and void, when.
Section 135.362 - Eligibility statement, low-income housing credit, not applicable, when.
Section 135.400 - Definitions.
Section 135.405 - Total tax credit minimum — maximum — not to limit other investments.
Section 135.416 - Investment percentage required to be spent in Missouri.
Section 135.423 - Revocation of tax credit, grounds for — procedures.
Section 135.429 - Penalties and procedural matters how determined.
Section 135.430 - Department of social services, rulemaking authority.
Section 135.432 - Rulemaking authority, procedure.
Section 135.475 - Rebuilding communities and neighborhood preservation act cited.
Section 135.478 - Definitions.
Section 135.481 - Taxpayers incurring eligible costs entitled to tax credit, amount, qualifications.
Section 135.484 - Limitation on available tax credits, allocation of available credits.
Section 135.500 - Title of law — definitions.
Section 135.505 - Funding period.
Section 135.517 - Qualified investments, requirements.
Section 135.523 - Certification revocation, application misrepresentations.
Section 135.526 - Registration of investments.
Section 135.529 - Sale or transfer of credit — rulemaking authority — administrative review.
Section 135.530 - Distressed community defined.
Section 135.562 - Principal dwellings, tax credit for renovations for disability access.
Section 135.682 - Letter rulings to be issued, procedure — letter rulings closed records.
Section 135.700 - Tax credit for grape and wine producers.
Section 135.712 - Citation of law — definitions.
Section 135.719 - Rulemaking authority.
Section 135.766 - Tax credit for guaranty fee paid by small businesses, when.
Section 135.800 - Citation — definitions.
Section 135.803 - Ineligibility based on conflict of interest, when.
Section 135.825 - Tracking system for tax credits required — exception — rulemaking authority.
Section 135.830 - Tax credit accountability act of 2004 to be in addition to existing tax laws.
Section 135.950 - Definitions.
Section 135.970 - Rulemaking authority.