Effective - 28 Aug 2021
135.716. Contribution receipts and reports, standardized formats — state treasurer report, contents — fund created, use of moneys. — 1. The state treasurer shall provide a standardized format for a receipt to be issued by an educational assistance organization to a taxpayer to indicate the value of a contribution received. The department of revenue shall require a taxpayer to provide a copy of this receipt if claiming the tax credit authorized by the program.
2. The state treasurer shall provide a standardized format for educational assistance organizations to report the information required in subsection 1 of this section.
3. The state treasurer or state auditor may conduct an investigation if the state treasurer possesses evidence of fraud committed by the educational assistance organization.
4. The state treasurer may bar an educational assistance organization from participating in the program if the state treasurer establishes that the educational assistance organization has intentionally and substantially failed to comply with the requirements of section 135.714. If the state treasurer bars an educational assistance organization from the program under this subsection, the organization shall notify affected qualified students and their parents of the decision as soon as possible after the decision is made.
5. The state treasurer shall issue a report on the state of the program five years after it goes into effect. The report shall include, but is not limited to:
(1) Information regarding the finances of the educational assistance organizations; and
(2) Educational outcomes of qualified students.
6. (1) There is hereby created in the state treasury the "Missouri Empowerment Scholarship Accounts Fund", which shall consist of moneys collected under this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund, and moneys in the fund shall be used solely by the state treasurer for the purposes of sections 135.712 to 135.719.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
7. Two percent of the total qualifying contributions received by each educational assistance organization per calendar year shall be deposited in the Missouri empowerment scholarship accounts fund to be used by the state treasurer for marketing and administrative expenses or the costs incurred in administering the program, whichever is less. The state treasurer shall establish procedures to ensure the percentage of funds for administration of the program is directed to the state treasurer in a timely manner with the necessary information to verify the correct amount has been transmitted.
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(L. 2021 H.B. 349)
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.