13 CSR 10-3.030 - Developmental Disability Care Provider Tax Credit
(1) A
qualified developmental disability care provider may apply for tax credits on
behalf of taxpayers who make donations to the provider as provided herein.
Those who donate to qualifying providers are eligible to receive a tax credit
up to fifty percent (50%) of their donation. Qualified developmental disability
care providers that accept these donations are required to remit payments
equivalent to the amount of the tax credit to the state of Missouri.
(2) Definitions.
(A) "Director" means the director of the
Department of Social Services or designee.
(B) "Qualified developmental disability care
provider," for the purpose of the Developmental Disability Care Provider Tax
Credit, means a care provider that meets the definition stated in section
135.1180,
RSMo.
(3) Qualified
developmental disability care providers must apply for the tax credit on behalf
of the taxpayers. Acceptable applications for the tax credit require-
(A) A complete and accurate Developmental
Disability Care Provider Tax Credit Application. Applications may also be
obtained at the Department of Social Services website
www.dss.mo.gov or by writing to-
Department of Social Services
Attn: Developmental Disability Care Provider Tax Credit
PO Box 853
Jefferson City, MO 65102-0853;
(B) A statement attesting to the receipt of
an eligible donation, which includes the following information:
1. Taxpayer type and supporting
documentation, when applicable;
2.
Taxpayer's name;
3. Taxpayer's
identification number;
4. Amount of
the eligible donation and supporting documentation, when applicable;
5. Amount of anticipated tax
credit;
6. Date the donation was
received by the agency; and
7. The
signature of the executive director of the qualified developmental disability
care provider;
(C)
Payment from the qualified developmental disability care provider equal to the
value of the tax credit for which the application is being submitted. Checks
must be made payable to the Department of Social Services; and
(D) Verifying documentation must be attached
to the tax credit application. The type of documentation required will depend
on the type of donation. Required documentation includes the following:
1. Cash-legible receipt from the
developmental disability care provider which indicates the name and address of
the organization; name, address, and telephone number of the contributor; and
amount and date the contribution was received; signature of a representative of
the developmental disability care provider receiving the
contribution;
2. Check-photocopy of
the canceled check, front and back-if not possible then copy of the original
check and a receipt from the developmental disability care provider including
the same information required of a cash donation as described in paragraph
(2)(D)1. of this rule;
3. Credit
card-legible transaction receipt with the name and address of the developmental
disability care provider; contributor's name, address, and telephone number;
amount and date the contribution was received; and signature of a
representative of the developmental disability care provider receiving the
contribution. Receipts should have the credit card account number blacked
out;
4. Money order or cashier's
check-legible copy of the original document with the name and address of the
developmental disability care provider; contributor's name, address, and
telephone number; amount and date the contribution was received; and signature
of a representative of the developmental disability care provider receiving the
contribution;
5. Regarding
contributions of stocks and bonds, the amount of the contribution is the fair
market value of the item as of the date of the donation. Information required
when submitting applications for tax credit shall include the source and date
the stock was valued and how the bond amount was determined;
6. The value of contributions of real estate
is the fair market value of the real estate within three (3) months of the date
of the donation. The fair market value is the lower of at least two (2)
qualified independent appraisals for commercial, vacant, or residential
property that has been determined to have a value of over fifty thousand
dollars ($50,000). Commercial, vacant, or residential property having a value
of fifty thousand dollars ($50,000) or less will require only one (1)
appraisal. The appraisals will be conducted by two (2) different licensed real
estate appraisers; and
7.
Contributions that include a benefit to the donor-in addition to the
documentation needed in paragraphs (3)(D)1.-6., the developmental disability
care provider must provide written documentation of the type of function or
event from which the benefit was received, description of the benefit received
(if an auction item, identify the item received), gross amount of the
contribution, fair market value of the benefit, and how the fair market value
of the benefit was determined.
(4) All applications and payments must be
submitted within twelve (12) months from the date the eligible donation was
received from the taxpayer. The date of submission will be determined by the
date that the application and payment are postmarked. Tax credit applications
submitted more than one (1) year following the date of the contribution will be
void and the right to the tax credit will be forfeited.
(5) Information required in section (3) of
this rule, must be submitted to the address referenced in subsection
(3)(A).
(6) Upon receipt of the
information required in subsection (3)(B), the Department of Social Services
will verify with the Department of Revenue whether or not the taxpayer has any
outstanding balances due from the taxpayer's prior year's state tax liability.
If a balance due is outstanding, the amount of tax credit issued under this
rule will be reduced by that amount. The director of the Department of Social
Services is subject to the confidentiality and penalty provisions of section
32.057, RSMo, relating to the
disclosure of tax information.
(7)
Upon verification of the information required in section (3) of this rule, the
Department of Social Services will issue a certificate to the taxpayer
indicating the amount of tax credit that is approved for the application.
(A) Certificates will be mailed to the
taxpayer at the address provided on the application submitted by the qualified
developmental disability care provider.
(B) The Department of Social Services will
not provide information regarding taxpayers' state tax liability to
unauthorized individuals.
(C) In
the event a taxpayer's tax credit is reduced as a result of delinquent taxes, a
refund will not be issued to the qualified developmental disability care
provider.
(8) Approved
tax credit certificates will be issued within forty-five (45) days of receipt
of the completed application submitted by the qualified developmental
disability care provider.
(9) The
owner of a developmental disability care provider tax credit certificate must
notify the Department of Social Services within thirty (30) days of the date of
the transaction to assign, transfer, sell, or convey the credit. Information
submitted to effectuate such a transfer must include a complete and accurate
Department of Social Services Tax Credit Transfer Form. Forms may be obtained
by writing to the address provided in subsection (3)(A) of this rule or at the
Department of Social Services website: www.dss.mo.gov.
Notes
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