Department of Revenue

This credit is authorized under Miss. Code Ann. Section 27-7-22.5, as amended. Notes 35 Miss. Code. R. 10-06-106

Reserved Notes 35 Miss. Code. R. 10-06-107

An income tax credit is allowed to any employer providing dependent care for its employees during the employee's working hours. The credit allowed is 25% of qualified expenses. Starting January 1, 1998 the credit allowed is 50% of qualified expenses. This credit can offset up to …

An employer must have its child care program certified by the Department of Health for programs serving children twelve (12) years of age or younger and for programs serving elderly adults. The State Tax Commission certifies programs serving dependents older than twelve (12) year…

To qualify, the facility must have an average daily enrollment for the taxable year of no less than six (6) children who are twelve (12) years of age or younger and be licensed according to the regulations governing licensure of child care facilities in Mississippi; or must serve…

The net cost of any contract executed by the employer for a third party to provide dependent care is a qualified expense. If the employer elects to provide dependent care directly, then the qualified expenses are expenses for staff, learning and recreational materials and equipme…

Any unused credit may be carried over for 5 years. An expense cannot be used both as a deduction and as the basis for a credit. Any expense used in computing the allowable credit cannot be taken as a deduction. The expense must be added back to Mississippi taxable income. Notes 3…

The credit cannot be used by any business enterprise or corporation other than the business enterprise actually qualifying for the credits. Credit received by a partnership, LLC or an S-Corporation may be passed through to offset tax due from the activity that created the credit.…

The credit is not refundable. The Child Care Credit may offset up to 100% of the tax due. It may also be used in combination with any of the other credits. Notes 35 Miss. Code. R. 10-07-106

To apply for this credit: You must have had your program previously certified and have furnished a copy of the certification to the Tax Commission. You must attach a schedule showing the computation to the return. Notes 35 Miss. Code. R. 10-07-107

This credit is authorized under Section 57-73-23 of the Mississippi Code of 1972, as amended. Notes 35 Miss. Code. R. 10-07-108

This regulation is effective January 1, 2001 Notes 35 Miss. Code. R. 10-07-109

Reserved Notes 35 Miss. Code. R. 10-07-110

Reserved Notes 35 Miss. Code. R. 10-07-111

An income tax credit is available to taxpayers that utilize port facilities at Mississippi state, county and municipal ports or harbors as established pursuant to Miss. Code Ann. Sections 59-5-1 through 59-5-69, Sections 59-7-1 through 59-7-519, Sections 59-9-1 through 59-9-85 or…

The amount of credit allowed shall be the total of export cargo charges paid on receiving into the port, handling to a vessel and wharfage. This credit shall not exceed fifty percent (50%) of the income tax reduced by the sum of all other credits, except credits for tax payments.…

The credit cannot be used by any business enterprise or corporation other than the business enterprise that incurred the expenses. Credit received by a partnership, LLC or an S Corporation may be passed through to offset tax due from the activity that created the credit. The cred…

The credit is not refundable. An expense cannot be used both as a credit and a deduction. If a credit is based on an expense, then the amount of the credit taken must be added back to Mississippi taxable income in the year the credit is used. Notes 35 Miss. Code. R. 10-08-103 Ame…

To obtain the credit, the taxpayer must provide to the Mississippi Department of Revenue, a statement from the governing authority of the port certifying the amount of charges paid by the taxpayer for which credit is claimed. Notes 35 Miss. Code. R. 10-08-104 Amended 8/3/2019…

For detailed instructions concerning the application process or claiming the credits see the Mississippi Tax Incentives, Exemptions and Credits Book. Notes 35 Miss. Code. R. 10-08-105 Amended 8/3/2019

This credit is authorized under Miss. Code Ann. Section 27-7-22.7. Notes 35 Miss. Code. R. 10-08-106 Amended 8/3/2019

Notes 35 Miss. Code. R. 10-08-107 Reserved 8/3/2019

Notes 35 Miss. Code. R. 10-09-100 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

A motion picture production company (MPPC) is one that produces a nationally distributed motion picture, video, DVD, television program or series, commercial, or computer or video game. This includes a company engaged in the business of making such productions using animation, in…

A Mississippi vendor is a business that either owns an office building in Mississippi or has signed a lease for office space in Mississippi for at least a year, has at least one employee stationed full time at the Mississippi office, is registered with the Secretary of State, is …

An employee is defined as an individual directly involved in the physical production and/or post-production of a motion picture produced in this state and who is employed by a MPPC, personal service corporation or loan out company. Notes 35 Miss. Code. R. 10-09-103 Amended 5/29/2…

Payroll is defined as salary, wages or other compensation including related benefits paid to Mississippi resident employees upon which Mississippi income tax is due and has been withheld. Notes 35 Miss. Code. R. 10-09-104 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021…

Fringes means costs paid by a MPPC for Mississippi resident employee benefits that are not subject to state income tax. Fringes may include, but are not limited to, payments by an employer for unemployment insurance, Federal Insurance Contribution Act (FICA), workers' compensatio…

A Mississippi resident is defined as a person domiciled in Mississippi or who has maintained a permanent home in this state and spends in the aggregate more than six (6) months each year within the state. Proof of domicile or maintenance of a permanent home includes valid Mississ…

Notes 35 Miss. Code. R. 10-09-107 Reserved 5/29/2016 Reserved 4/1/2018 Amended 6/24/2021

Notes 35 Miss. Code. R. 10-09-200 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

The Motion Picture Production Tax rebate is based on the amount of the base investment made in Mississippi and Mississippi resident payroll and fringes as defined in Miss. Code Ann. Section 57-89-3. The rebate is available for a MPPC that expends at least $50,000 in base investme…

The total amount of rebates authorized for a motion picture production will not exceed $10,000,000 in the aggregate and the total amount of rebates authorized in any fiscal year will not exceed $20,000,000 in the aggregate. Notes 35 Miss. Code. R. 10-09-202 Amended 5/29/2016 Amen…

The MPPC is responsible for registering with the proper state authorities to legally conduct business within this state. This includes the Mississippi Department of Employment Security, Mississippi Worker's Compensation Commission, Mississippi Secretary of State, etc. Notes 35 Mi…

The MPPC is responsible for registering for a withholding tax account and reporting any withholding tax due on this account. Notes 35 Miss. Code. R. 10-09-204 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

Notes 35 Miss. Code. R. 10-09-205 Reserved 5/29/2016 Reserved 4/1/2018 Amended 6/24/2021

Notes 35 Miss. Code. R. 10-09-300 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

Base investment includes purchases of goods and services from Mississippi vendors, as defined above, housing, housing allowances, food, rental of equipment, dry cleaning, per diem and anything else that the MPPC spends in Mississippi that is related to the production. Notes 35 Mi…

Purchases of services and tangible personal property must be made from a Mississippi Vendor, as defined above, to qualify for the rebate. Payments made to out of state independent contractors or vendors for tangible personal property and services do not qualify for the rebate. Pu…

Items that do not qualify as base investment: 1. Online purchases, regardless if Mississippi sales tax is charged 2. Postage 3. Mileage 4. Bank fees 5. Credit Card fees 6. Taxes 7. Personal Expenditures 8. Out of state expenses billed through a Mississippi pass through company. 9…

Airline tickets must be purchased through a Mississippi travel agent and the sales invoice must indicate the airports in which the flight departed and arrived. Airports located in Mississippi or one of the following cities are eligible for the rebate: 1. Memphis, TN 2. New Orlean…

Location rentals for housing or a set should include the Vendor/Owner name, address of the rental property, description of use, dates used, and a copy of payment. Notes 35 Miss. Code. R. 10-09-305 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

Items purchased during production that are sold in Mississippi at the end of production must be decreased by the sales price of the item before being included in the rebate. Notes 35 Miss. Code. R. 10-09-306 Amended 5/29/2016 Amended 4/1/2018 Amended 6/24/2021

Contract labor paid to a Mississippi resident is eligible for a twenty-five percent (25%) rebate, while non-resident contract labor is not eligible for the rebate. A rebate request for contract labor should include the name of the individual, city of residence, social security nu…

Purchases of property or services from a local vendor who has acquired the property or services from out of state may qualify for the rebate if: 1. The Mississippi vendor is regularly engaged in the business of providing that same type of good or service. 2. The Mississippi vendo…

The use of a local production company to provide goods and services may also qualify for the rebate if the local production company meets the requirements in Paragraph 308 above and the company was not established specifically for the needs of any one production. Notes 35 Miss. C…

Petty cash and reimbursement expenses may qualify for the rebate if the documentation provided in the rebate request includes a reconciliation of the expenses allowed by the MPPC (e.g., Petty Cash top sheet or reimbursement/check purchase order), copies of invoices or receipts, a…