PURPOSE: This rule implements and effectuates the legislative intent of the amendments to sections 135.100- 135.150.1., RSMo in House Bill No. 566 (Laws 1993), allowing insurance companies to receive the new business facility tax credit when eligibility for this credit is certified by the Department of Economic Development. This rule is necessary to process credits following certification by the director of economic development. (1) An insurance company which wants to receiv’e credit for a new business facility shall include the amount of the credit in the designated place in the company’s premium tax return. The credit and the amount of it shall be supported by including a copy of the certification by the director of economic development with the premium tax return filed with the Department of Insurance. The new business facility tax credit shall be taken first against the direct premium tax, but only after all credits and deductions are made from the premium taxes otherwise due.

1. (2) The new business facility tax credit shall not be subject to subsection 375.916.1, RSMo, that is this credit shall not be subject to the retaliatory tax.
2. (3) To the extent the amount of the new business facility tax credit exceeds the amount necessary to reduce the net Missouri premium tax due to zero (O), this excess may be applied as a credit against any retaliatory tax amount otherwise due.

3. (4) If an insurance company, which is also a taxpayer, has income derived from the operation of a new business facility as well as from other activities conducted with this state, the direct premiums derived by the insurance company from the operation of the new business facility shall be determined by multiplying the insurance company’s direct premiums, computed in accordance with Chapter 148, RSMo, by a fraction, the numerator of which is the property factor, as def’ined in subsection (4)(A) of this rule plus the payroll factor, as defined in subsection (4)(B) of this section, and the demoninator which is two (a-

   1. (A) The property factor is a fraction, the numerator of which is the new business facility investment certified for the tax period, and the denominator of which is the average value of all the taxpayer’s real and depreciable tangible personal property owned or rented and used in this state during the tax period. The average Division 2004inancial Examination

m 20 CSR 200-34NSURANCE

value of all this property shall be determined as provided in Chapter 32, RSMo; and

1. (B) The payroll factor is a fraction, the numerator of which is the total amount paid during the tax period by the taxpayer for compensation to persons qualifying-as new business facility employees, as determined by section 135.110.4., RSMo at the new business facility, and the demoninator of which is the total amount paid in this state during the tax period by the taxpayer for compensation. The compensation paid in this state shall be determined as provided in Chapter 32, RSMo. For the purpose of this section, other activities conducted within this state shall include activities previously conducted at any time during the tax period immediately prior to the tax period in which commencement of commercial operations occurred. Auth: sections 135.150, RSMo (Cum. Supp. 1991) and 374.045, RSMo (1986).” Original rule filed June 18,I993, effectiue Jan. 1,1994. ‘Original authority: 135.150, RSMo (19&l), amended 1986,1991 and 374.045, RSMo (1967).