Mississippi Administrative Code

The Small Business Assistance program is administered by the Mississippi Business Finance Corporation. The sales and use tax exemption is for all purchases, including leases, necessary to establish the enterprise that are made with bond funds. This program consists of two types o…

The Industrial Revenue Development Bonds are issued to for-profit companies and in very limited circumstances, non-profit companies will qualify. Only businesses engaged in manufacturing or processing may qualify for the tax-exempt bonds. The following businesses may qualify for …

The Rural Economic Development Bonds are issued to manufacturing or processing companies, certain warehouse and distribution centers, certain telecommunication and data processing companies, multi-state national or regional headquarters, certain research and development and techn…

Notes 35 Miss. Code. R. 10-11-204 Reserved 10/1/2018

Mississippi Business Investment Program Notes 35 Miss. Code. R. 10-11-300 Adopted 10/1/2018

The Mississippi Business Investment Program, administered by the MDA, is designed for making low interest loans to counties and incorporated cities or towns (Local Sponsors) to finance improvements necessary to complement investments by private companies that create and maintain …

Eligibility for the assistance provided by the Mississippi Business Investment Program is determined by the MDA and is limited to the following types of projects Agricultural, industrial, manufacturing, aquacultural or maricultural, tourism, service, regional shopping malls and r…

Temporary borrowings in anticipation of the issuance of the bonds authorized by this program will mirror the exemption of the bonds. A promissory note from the Local Sponsor to the State evidences these borrowings. If the project agreement is unfulfilled, the State can require th…

Notes 35 Miss. Code. R. 10-11-304 Reserved 10/1/2018

Mississippi Small Enterprise Development Finance Program Notes 35 Miss. Code. R. 10-11-400 Adopted 10/1/2018

The Mississippi Small Enterprise Development Finance Program, administered by the MBFC, is designed for making loans to qualified private companies that will increase employment and investment in the state. The sales and use tax exemption is for all purchases of tangible personal…

The loan may not be in excess of ninety percent (90%) of the market value of the financed assets and the loan may not be used to refinance existing debt. The aggregate amount loaned to one borrower may not exceed four million dollars ($4,000,000) and the term shall not exceed twe…

Notes 35 Miss. Code. R. 10-11-403 Reserved 10/1/2018

Notes 35 Miss. Code. R. 10-11-500 Adopted 10/1/2018

The purchases must be sold directly to, billed directly to and paid for directly by the entity induced by MBFC. The exemption does not cover tagged vehicles or ongoing expenses and supply items that are not purchases required to establish the facility. Notes 35 Miss. Code. R. 10-…

Bond financing exemptions do not apply to the three and one-half percent (31/2%) or the one and one-half (11/2%) contractor's tax levied in Miss. Code Ann. Section 27-65-21. The contractor's tax is levied directly on the contractor for the privilege of performing contracts exceed…

Notes 35 Miss. Code. R. 10-11-503 Reserved 10/1/2018

Applying for the Exemption Notes 35 Miss. Code. R. 10-11-600 Adopted 10/1/2018

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. 10-11-601 Adopted 10/1/2018

Notes 35 Miss. Code. R. 10-11-602 Reserved 10/1/2018

The Board of Tax Appeals is a quasi-judicial state agency independent of the Department of Revenue that was created by the Mississippi Legislature to hear administrative appeals from orders of the Board of Review of the Department of Revenue and from other specific acts of the De…

The rules set out in Part 101 of this Title shall apply to those administrative appeals filed with the Board of Tax Appeals where the assessment, refund claim, request for waiver of a tag penalty, the suspension, revocation, surrender, seizure or denial of permit, tag or title, t…

The words, terms and phrases defined in Miss. Code Ann. § 27-77-1 shall have the same meaning as that set out in Miss. Code Ann. § 27-77-1 when used in Part 101 of Title 35 unless the context requires otherwise. In addition, the following words, terms and phrases when used in Par…

A. The offices of the Board are located at: 2679 Crane Ridge Drive, Suite A Jackson, MS 39216-4997 B. The contact information for the Board and the Executive Director is: Mailing Address: 2679 Crane Ridge Drive, Suite A Jackson, MS 39216-4997 Telephone No.: (601) 981-3025 Fax No.…

A. The Board consists of three (3) members: one (1) chairman and two (2) associate members. Members are appointed by the Governor and confirmed by the Mississippi Senate for staggered six (6) year terms. B. The member appointed and confirmed as Chairman of the Board shall, when p…

When filed by the appropriate person, as provided by statute, the Board has jurisdiction to hear timely administrative appeals in regard to the following matters: A. Decisions of the Review Board regarding the assessment of taxes, the denial of tax refunds or the denial of a requ…

A. The Board shall meet at least one (1) day a month. The date, time and location of the meetings of the Board shall be set by the Board. B. Once a meeting of the Board is called to order, the Board shall be considered to be in continuous session from day to day until the meeting…

A. Information concerning the Board can be obtained by calling or writing the Board or the Executive Director and/or from the Board's website (www.bta.ms.gov). B. Any request for inspection, copying and/or other reproduction of any public record of the Board shall be made in writ…

A. This rule sets forth the Board's requirements governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Board's procedures regarding the disposition of requests as required by the…

A. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Board pursuant to the Administrat…

A. There shall be no verbal communications by a party or his representative with the Board or its members regarding any issue of fact or law involved in an administrative appeal pending before the Board without notice and opportunity for all parties to participate. There shall al…

A. The time periods in which the written appeals or objections have to be filed with the Executive Director are set out by statute and vary depending on the type of administrative appeal involved. These filing periods are as follows: 1) A written appeal under Miss. Code Ann. § 27…

A. At any time after an administrative appeal is filed with the Executive Director, the appellant may withdraw his administrative appeal to the Board. B. At any time after a written objection and request for hearing in regard to an ABC permit or a qualified resort area under Miss…

A. The failure of an appellant and his designated representative, if any, to appear at a scheduled hearing before the Board on his administrative appeal shall constitute an involuntary withdrawal of the administrative appeal. B. Where an appellant has obtained permission under Mi…

A. At the point in time when an administrative appeal is withdrawn, whether voluntarily or involuntarily, the action from which the administrative appeal was filed will become final. B. If subsequent to the filing of the administrative appeal, but before the withdrawal, the Depar…

A. Upon receipt of a completed Notice of Appeal or Written Objection, including receipt from the ABC Division of a written objection and request for hearing under Miss. Code Ann. § 67-1-72(5) or (6), the Executive Director shall set a hearing before the Board on the administrativ…

A. A party desiring a continuance of an administrative appeal set for hearing shall file a written request for a continuance with the Executive Director setting out the reasons for the request. Requests filed within ten (10) days from the date of the notice setting the hearing wi…

A. The hearing on a written objection and request for hearing under Miss. Code Ann. § 67-1-72(5) and/or (6) in regard to the application for issuance or transfer of an ABC permit and/or the declaration of an area or locality as a qualified resort area shall be consolidated with t…

A. Any party requesting a reasonable accommodation under the Americans with Disabilities Act in regard to attendance and/or participation at a Board hearing shall file a written request for such accommodation with the Executive Director at least five (5) days before the date of t…

The conduct, demeanor and dress of parties, their designated representatives, their witnesses or any other person when present during any hearing or other proceeding before the Board shall reflect respect for the dignity and authority of the Board. The presiding board member may …

Any party desiring the issuance of a subpoena to require the attendance of a witness at a hearing before the Board to give testimony and/or to produce and permit inspection of designated books, documents or other tangible thing shall file a written request for the issuance of the…

The persons who are generally authorized to appear on behalf of a party before the Board are as follows: A. All attorneys licensed and in good standing to practice law in this State; B. All accountants who have received a certificate as a certified public accountant from the Miss…

Upon request or on its own initiative, the Board may require a party to provide the other party in the administrative appeal with a copy of all documents which he intends to provide to the Board in the presentation of his case at the hearing before the Board. Failure to timely pr…

At any time prior to the issuance of a final order in an administrative appeal covered by this chapter, the Board may request the parties to file proposed Findings of Fact and Conclusions of Law and/or file briefs on issues raised in the administrative appeal. When such a request…

A. After a hearing has been held before the Board on an administrative appeal, the Board may verbally announce its decision in the administrative appeal at the end of the hearing or take the matter under advisement for a decision at a later time. B. After the Board has made a dec…

A. The time period for appealing from an order of the Board to Court varies depending on the type of administrative appeal involved. The time periods as set out by statute for these appeals are as follows: 1) An appeal under Miss. Code Ann. § 27-77-7 from a Board order involving …

As soon as possible after the filing of an appeal and as often as necessary thereafter, each party to the appeal shall confer with the other party or parties to the appeal for the purpose of narrowing the issues to be decided so that, at the time of the hearing before the Board, …