Effective - 28 Aug 2017, 4 histories
135.963. Improvements exempt, when — authorizing resolution, contents — public hearing required, notice — certain property exempt from ad valorem taxes, duration — time period — property affected — assessor's duties. — 1. Improvements made to real property as such term is defined in section 137.010 which are made in an enhanced enterprise zone subsequent to the date such zone or expansion thereto was designated may, upon approval of an authorizing resolution or ordinance by the governing authority having jurisdiction of the area in which the improvements are made, be exempt, in whole or in part, from assessment and payment of ad valorem taxes of one or more affected political subdivisions. Improvements made to real property, as such term is defined in section 137.010, which are locally assessed and in a renewable energy generation zone designated as an enhanced enterprise zone, subsequent to the date such enhanced enterprise zone or expansion thereto was designated, may, upon approval of an authorizing resolution or ordinance by the governing authority having jurisdiction of the area in which the improvements are made, be exempt, in whole or in part, from assessment and payment of ad valorem taxes of one or more affected political subdivisions. In addition to enhanced business enterprises, a speculative industrial or warehouse building constructed by a public entity or a private entity if the land is leased by a public entity may be subject to such exemption.
2. Such authorizing resolution shall specify the percent of the exemption to be granted, the duration of the exemption to be granted, and the political subdivisions to which such exemption is to apply and any other terms, conditions, or stipulations otherwise required. A copy of the resolution shall be provided to the director within thirty calendar days following adoption of the resolution by the governing authority.
3. No exemption shall be granted until the governing authority holds a public hearing for the purpose of obtaining the opinions and suggestions of residents of political subdivisions to be affected by the exemption from property taxes. The governing authority shall send, by certified mail, a notice of such hearing to each political subdivision in the area to be affected and shall publish notice of such hearing in a newspaper of general circulation in the area to be affected by the exemption at least twenty days prior to the hearing but not more than thirty days prior to the hearing. Such notice shall state the time, location, date, and purpose of the hearing.
4. Notwithstanding subsection 1 of this section, at least one-half of the ad valorem taxes otherwise imposed on subsequent improvements to real property located in an enhanced enterprise zone of enhanced business enterprises or speculative industrial or warehouse buildings as indicated in subsection 1 of this section shall become and remain exempt from assessment and payment of ad valorem taxes of any political subdivision of this state or municipality thereof, if said political subdivision or municipality levies ad valorem taxes, for a period of not less than ten years following the date such improvements were assessed, provided the improved properties are used for enhanced business enterprises. The exemption for speculative buildings is subject to the approval of the governing authority for a period not to exceed two years if the building is owned by a private entity and five years if the building is owned or ground leased by a public entity. This shall not preclude the building receiving an exemption for the remaining time period established by the governing authority if it was occupied by an enhanced business enterprise. The two- and five-year time periods indicated for speculative buildings shall not be an addition to the local abatement time period for such facility.
5. No exemption shall be granted for a period more than twenty-five years, provided, however, that during the ten years prior to the expiration of an enhanced enterprise zone no exemption shall be granted for a period of more than ten years.
6. The provisions of subsection 1 of this section shall not apply to improvements made to real property begun prior to August 28, 2004.
7. The abatement referred to in this section shall not relieve the assessor or other responsible official from ascertaining the amount of the equalized assessed value of all taxable property annually as required by section 99.855, 99.957, or 99.1042 and shall not have the effect of reducing the payments in lieu of taxes referred to in subdivision (2) of subsection 1 of section 99.845, subdivision (2) of subsection 3 of section 99.957, or subdivision (2) of subsection 3 of section 99.1042 unless such reduction is set forth in the plan approved by the governing body of the municipality pursuant to subdivision (1) of subsection 1 of section 99.820, section 99.942, or section 99.1027.
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(L. 2004 S.B. 1155 § 135.1065, A.L. 2007 1st Ex. Sess. H.B. 1, A.L. 2011 H.B. 737, A.L. 2012 S.B. 769, A.L. 2017 S.B. 111)
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.