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MS HB257

Bill

Status

Failed

2/27/2013

Primary Sponsor

Cecil Brown

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Defines "Captive REIT" as a real estate investment trust that distributes 50% or more of its federal taxable income to entities in a single consolidated tax return or financial statement, and requires captive REITs to add back any dividend deductions claimed

  • Expands the definition of "intangible property" to include franchises, know-how, formulas, designs, patterns, processes, formats, choses in action, and accounts receivable for purposes of related-member transaction restrictions

  • Broadens "interest expenses and costs" to include all amounts allowed as deductions (removing prior limitation to intangible property transactions) and treats interest paid by partnerships or corporations to related members as Mississippi-source income to the recipient

  • Adds "management and administrative fees" (covering payroll, legal, accounting, insurance, data processing, and similar services) to the list of expenses that must be added back when paid to related members

  • Allows exceptions to the add-back requirement only if the related member paid the amount to an unrelated party, or if the recipient was subject to net income tax in Mississippi, another U.S. state, or a foreign nation with a U.S. tax treaty

Legislative Description

Income tax; revise provisions regarding certain business deductions.

Last Action

Died In Committee

2/27/2013

Committee Referrals

Ways and Means1/14/2013

Full Bill Text

No bill text available