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MS HB1668

Bill

Status

Passed

3/27/2023

Primary Sponsor

John Lamar

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Allows partnerships, S corporations, and similar pass-through entities to elect taxation at the entity level, with elections or revocations permitted any time during the tax year or by the return due date/filing date, whichever is latest

  • Requires owners, members, partners, or shareholders of electing pass-through entities to include their pro rata share of entity income in their individual gross income tax liability calculation

  • Provides individual taxpayers a credit equal to their pro rata share of tax paid by the electing pass-through entity, with any additional entity-level tax credits passing through to individuals on a pro-rata basis

  • Allows excess credits that exceed an individual's tax liability to be carried forward as an overpayment or refunded at the taxpayer's election

  • Election or revocation requires approval meeting the entity's governing document thresholds, or if none exist, by owners holding more than 50% voting control (plus governing body approval if applicable)

  • Effective January 1, 2023, applying to tax returns with original due dates on or after that date

Legislative Description

Income tax; revise certain provisions regarding pass-through entities.

Last Action

Approved by Governor

3/27/2023

Committee Referrals

Finance2/23/2023
Ways and Means2/15/2023

Full Bill Text

No bill text available