CORPORATE INCOME AND FRANCHISE TAX INSTRUCTIONS - Mississippi

Transcription

Form 83-100-21-1-1-000(Rev.11/21)CORPORATEINCOME AND FRANCHISE TAXINSTRUCTIONS2021INCOME AND FRANCHISE TAX BUREAUPO BOX 1033JACKSON, MISSISSIPPI 39215-1033WWW.DOR.MS.GOVNovember 2021

TABLE OF CONTENTSGENERAL INFORMATION AND INSTRUCTIONS3WHAT’S NEW!WHO MUST FILETIME AND PLACE FOR FILINGELECTRONIC FILINGTAXPAYER ACCESS POINT (TAP)WHO MUST SIGNREQUIRED FORMS AND SCHEDULESTAX PAYMENTSESTIMATED TAX PAYMENTSINTEREST AND PENALTY PROVISIONSACCOUNTING METHODSACCOUNTING PERIODROUND TO THE NEAREST DOLLARRECORDKEEPINGTAX RATESAMENDED RETURN3444555555666666FRANCHISE TAX7INCOME TAX8INSTALLMENT SALESINTANGIBLE AND INTEREST EXPENSESARMS-LENGTH TRANSACTIONSLONG TERM CAPITAL GAINS FROM SALES OF STOCKEXTRATERRITORIAL INCOMEAPPORTIONMENT/ALLOCATIONNET OPERATING LOSS (NOL) AND CAPITALLOSSCOMBINED INCOMEPRODUCERS OF MINERAL OR NATURAL RESOURCE PRODUCTSUNRELATED BUSINESS TAXABLE INCOME – EXEMPT ORGANIZATIONS8888889999INCENTIVE CREDITS AND EXEMPTIONS10SPECIFIC INSTRUCTIONS14FORM 83-105FORM 83-122FORM 83-150FORM 83-155FORM 83-305FORM 83-310141517171718INSURANCE COMPANIES18DISTRICT OFFICES20APPENDIX21TAX CREDIT CODES22

GENERAL INFORMATION AND INSTRUCTIONSexcess of 12,000,000 in any one state calendar year for projectswith total qualified rehabilitation costs and expenses of 1,750,000.00 or more; to provide that the Department ofArchives and History shall not issue certificates evidencing theeligible rebate or credit which will result in credits being awardedin excess of 12,000,000.00 in any one state calendar year forprojects with total qualified rehabilitation costs and expenses ofless than 1,750,000.00; to provide that a taxpayer claiming acredit instead of a rebate shall claim the credit on the income taxreturn for the tax year for which the credit is certified; to providethe order in which a rebate or credit shall be certified.Important tips to help expedite processing of your return: Use black ink when preparing the return. To indicate a loss (negative income), use brackets aroundthe dollar amount. Attach a copy of the federal return behind the state returnincluding returns filed electronically. Combined filers mustattach the consolidated Federal Form 1120 (pages 1-5),Schedule M-3 and a complete Pro-Forma Federal Return.House Bill 1356 (2021 Legislative Session) – Miss. CodeAnn. §27-7-17Amended Miss. Code Ann. §27-7-17 to provide that for the stateincome tax deduction authorized for depreciation, in the case ofnew or used aircraft, equipment, engines, or other parts andtools used for aviation, the allowance for bonus depreciationconforms with the federal bonus depreciation rates andreasonable allowance for depreciation is no less than onehundred percent. Additional schedules and attachments should be stapled tothe return.Visit our website at www.dor.ms.gov to download forms by taxyear and tax type.TAXPAYER ACCESS POINT (TAP)Remember, TAP is: Easy to use Convenient FreeHouse Bill 1446 (2021 Legislative Session) - Miss. Code Ann.§57-121-7Amended Miss. Code Ann. §57-121-7 to allow an income taxdeduction for otherwise deductible expenses if the payment forsuch expenses is made with the grant or loan program of thePaycheck Protection Program as authorized under theCoronavirus Aid, Relief and Economic Security (CARES) Actand the Consolidated Appropriations Act of 2021, the COVID-19Economic Injury Disaster Loan Program, the 2020 COVID-19Mississippi Business Assistance Act and/or the RentalAssistance Grant Program, and such expenses are allowed asdeductions for federal income tax purposes.Go Paperless!With TAP, you have the option to Go Paperless. This means thatyou can pay your taxes online and receive certaincorrespondence electronically.TAP email lets you know that you have new correspondence toview online. You then logon to TAP to read the letter or messageand take appropriate action on your account. Only you or personsyou authorize can see your correspondence.Senate Bill 2832 (2021 Legislative Session) – Miss. CodeAnn. §27-7-22.36Amended Miss. Code Ann. §27-7-22.36 to extend the repealdate of the upholstered household furniture manufacturing jobtax credit from January 1, 2022, to January 1, 2026.When making payments or updating profile information, youshould always log directly into TAP using your User ID andpassword. TAP does not provide links containing yourtransaction or personal information to any external website.Senate Bill 2858 (2016 Legislative Session) - Miss. CodeAnn. §27-7-5 and §27-7-18Beginning with tax year 2018, the 3% tax rate on corporateincome tax will be phased out over a five-year period endingwith tax year 2022 as follows:Remember, you can pay your bill online through TAP withoutregistering for a TAP account. For more information on TAP,view the Electronic Filing Section of this booklet.Tax Year 2018House Bill 1296 (2021 Legislative Session) – Miss. CodeAnn. §27-7-22.31Amended Miss. Code Ann. §22-7-22.31 to remove theprovision that excludes single-family dwellings from thedefinition of the term “eligible property”; to revise theprovisions under which a taxpayer eligible for a tax credit mayclaim the tax credit in phases; to remove the option, in lieu ofthe ten-year carryforward, of a refund paid over a two-yearperiod in the amount of 75% of the excess credit; to allow theoption, in lieu of claiming the credit, of a rebate of 75% of theamount that would be eligible to claim as a credit; to providethat the rebate shall be subject to approval by theDepartment of Archives and History and shall be redeemedwith the Department of Revenue for an immediate cashpayment; to provide that the Department of Archives andHistory shall not issue certificates evidencing the eligiblerebate or credit which will result in credits being awarded inTax Year 2019Tax Year 2020Tax Year 2021Tax Year 2022First 1,000 @ 0% and the next 4,000 @ 3%First 2,000 @ 0% and the next 3,000 @ 3%First 3,000 @ 0% and the next 2,000 @ 3%First 4,000 @ 0% and the next 1,000 @ 3%First 5,000 @ 0%Senate Bill 2858 (2016 Legislative Session) - Miss. CodeAnn. §27-13-1, §27-13-5, §27-13-7 and §27-13-67Beginning with tax year 2018, the franchise tax will becompletely phased out over a nine-year period ending with taxyear 2027 as follows:3

Tax Year 2018Tax Year 2019Tax Year 2020Tax Year 2021Tax Year 2022Tax Year 2023Tax Year 2024Tax Year 2025Tax Year 2026Tax Year 2027Tax Year 2028 2.50 per 1,000 of capital in excess of 100,000 2.25 per 1,000 of capital in excess of 100,000 2.00 per 1,000 of capital in excess of 100,000 1.75 per 1,000 of capital in excess of 100,000 1.50 per 1,000 of capital in excess of 100,000 1.25 per 1,000 of capital in excess of 100,000 1.00 per 1,000 of capital in excess of 100,000 0.75 per 1,000 of capital in excess of 100,000 0.50 per 1,000 of capital in excess of 100,000 0.25 per 1,000 of capital in excess of 100,000Franchise tax repealed effective January1, 2028Section 179 expensing amounts increased from 500,000to 1,000,000. The change in accounting method allowed for taxpayers withaverage gross receipts of less than 25 million for theprevious years to elect to use the cash method of accounting.A copy of the federal Form 3115 is required to be attachedto the Mississippi income tax return. The deduction for entertainment, amusement andrecreation expenses when directly related to a taxpayer’strade or business is eliminated. Mississippi will also followthe other TCJA provisions related to food and beverageexpenses, transportation fringe benefits, fines, penaltiesand research and experimental expenditures. IRC Section 1031 like-kind exchange of property will applyto real property not held primarily for sale and Mississippipersonal property per Miss. Code Ann. §27-7-9(f)(1)(A). Contractors with average gross receipts less than 25 millionfor the previous three (3) tax years are exempt from therequirement to use the percentage of completion forcontracts to be completed within two (2) years. Taxpayerswill be allowed to use the completed contract method. Title insurance companies and class A burial insurancecompanies should use Form 83-105. Class B burialcompanies, writing life, accident and health, fire andcasualty insurance companies should use Form 83-391.Refer to the “Insurance Companies” section of this bookletfor additional information regarding Form 83-391.Extension of Time to File ReturnMississippi will follow federal return filing and extended duedates. Taxpayers requesting an extension of time to file thereturn must remit the tax due with Form 83-180 on or beforethe due date of the return. The authorized extension of time tofile does not extend the time for payment of the income orfranchise tax due. Interest and penalty will apply on anyunderpayment of tax.The return should be mailedto: Department of RevenueP.O. Box 23191Jackson, MS 392253191Street Address:500 Clinton Center DriveClinton, MS 39056ELECTRONIC FILINGPursuant to the authority granted to the Department of Revenuein Miss Code Ann Section 27-3-83 and Title 35, Part I, Chapter4 of the Mississippi Administrative Procedures and ProceduresCode, the Department of Revenue will mandate allCorporations, S corporations, and Partnerships with assets of 250,000 or more to file electronically for tax years beginningon or after January 1, 2019 and all subsequent tax years.WHO MUST FILE Every exempt corporate organization as described in Miss.Code Ann. §27-7-27 or §27-7-29 and not otherwise exemptfrom the income tax levy is required to make a corporate taxfiling if they have Mississippi unrelated business taxableincome. Refer to the “Unrelated Business Taxable Incomeof Exempt Organizations” section of this booklet for moreinformation.The Mississippi combination return of corporate income andfranchise tax must be filed on or before the 15th day of the 4thmonth following the close of the accounting year. A shorttaxable year is considered a taxable year and must be filed onor before the 15th day of the 4th month following the close of theshort fiscal year. If the due date falls on a Saturday, Sunday orlegal holiday, the return is due the next business day. Abusiness day is any day that is not a Saturday, Sunday, or legalholiday.Tax Cuts and Jobs Act (TCJA)Mississippi will follow the federal TCJA changes listed below: Every corporation domesticated or qualified to do businessin Mississippi must file a return even if the corporation isinactive or not otherwise engaged in business. Suchcorporation will remain subject to the filing requirementsuntil it is officially dissolved or withdrawn through the Officeof the Mississippi Secretary of State.Failure to file returns electronically may subject taxpayers to apenalty of twenty-five dollars ( 25.00) for the first instance ofnoncompliance and five hundred dollars ( 500.00) for eachadditional instance of noncompliance.Please contact the Department of Revenue at 601-923-7700 ifyou are unable to comply with this mandate. Foreign corporations engaged in business in Mississippi orhaving sources of income in this state although not qualifiedto transact business in this state through the Office of theSecretary of State are subject to the measure of the incomeand franchise tax levy.4

Examples of the basic backup schedules are details of otheradditions or other deductions as requested on the computationof net income schedule, details of other additions or otherdeductions as requested on other statements made a part of thereturn, details of other current assets and other assets, anddetails of other current liabilities and other liabilities on thebalance sheet as are normally included with the federal return.TAXPAYER ACCESS POINT (TAP)TAP provides online access to your tax account information24 hours a day, 7 days a week. TAP is free and convenient!Users of TAP are able to: Make electronic payments of returns and assessments; view previously filed returns and amended returns; make address changes and view tax correspondence; view recent account activity, and; register a new business or add accounts to the business;The total tax due on the combination return must be paid in fullno later than the 15th day of the 4th month after the end of thetax year.Third Party Access for Tax PractitionersTax practitioners can have TAP access to account informationfor each of your clients - from one login. First, create your ownTAP account (only one per FEIN). Once you are registered inTAP, select "Add Access to Existing Account."Payment Options: Online Payments: To pay online, go to www.dor.ms.gov,click on Taxpayer Access Point (TAP) and follow theinstructions. Without a MARS account or a TAP login, usersare able to make estimate payments online.Your client (taxpayer) must provide you the Letter ID andAccount ID in order for you to have access to their accounts.All accounts you set up for third party access are found underthe "Other Taxpayers' Accounts" tab in TAP. For moreinformation on TAP, visit our website at www.dor.ms.gov. Users cannot file Corporate Income and Franchise TaxReturns in TAP. However, tax preparers have the ability to filethe tax returns electronically through an authorized softwareprovider. A copy of the complete federal return must besubmitted electronically. Please visit our website atwww.dor.ms.gov for additional information on how to fileMississippi returns on-line and how to access approved online software providers.Check or Money Order Payments: To pay by check ormoney order, complete the payment voucher (Form 83300), make the check or money order payable to theDepartment of Revenue and mail both to P.O. Box 23192,Jackson, MS 39225-3192.Every corporate taxpayer with an annual income tax liability inexcess of 200 must make estimated tax payments. At least90% of the current income tax liability must be paid bysubmitting quarterly payments. The remaining of the balanceis due by the due date of the return. The due dates forestimated tax payments are:The return must be signed by the president, vice president orother officer of the corporation. A receiver, trustee or assigneemust sign any return which he/she is required to file on behalfof a corporation. Anyone who prepares the return but does not charge thecorporation should not complete the paid preparer section.Generally, anyone who is paid to prepare the return mustlegibly sign it and must also furnish the preparer taxidentification number (PTIN) issued by the Internal RevenueService (IRS).15th day of the 4th month after year end;15th day of the 6th month after year end;15th day of the 9th month after year end, and;15th day of the 12th month after year end.The payment is due on the next business day if the date fallson a Saturday, Sunday or legal holiday.Penalties may apply if the corporation does not make therequired estimated tax payments by the due date. Use Form83-305 to determine the amount of interest and penalty onunderestimate. See detailed instructions for the form under the“Specific Instructions” for Form 83-305 section of this booklet.To be a complete return, the return should contain all therequisite general information, as well as all summary taxinformation and the basic back up schedules. Examples of therequired general information are complete name, currentaddress, FEIN, officer information and signature and otherinformation relating to the filing entity as requested on page 2of Form 83-105. Late Payment: Interest and penalty are charged on taxespaid late even if an extension of time to file is granted. Theinterest is assessed from the due date until paid and iscomputed at 1/2 of 1% per month.The penalty imposed for failure to pay the tax when due is1/2% per month not to exceed 25% in the aggregate.Examples of the summary tax information are the frontpage of the return, the franchise tax schedule, the computationof net income, the computation of the apportionment factor (ifapplicable), the balance sheet, nonbusiness income schedule(if applicable), the direct accounting income statement (ifapplicable), schedules showing the computation of any taxcredit taken (such as jobs credit) and schedules showing thecomputation of any major items on the return. 5Late or Non-Filer: Penalties are imposed for failure to filea return when due on the total amount of the tax deficiencyor delinquency. The penalty is 5% per month not to exceed25% in the aggregate. The penalty shall not be less than 100 for income tax for failure to file a return.

employed in Mississippi in excess of 100,000. (Minimum tax of 25).Incomplete Returns: A corporation that does not file acomplete return or does not file a return within theprescribed time may be subject to a penalty of 25 perrequired attachment or schedule up to a maximum of 500 per return.Income Tax: 0% on the first 4,000 of taxable income and 3% onthe next 1,000, 4% on the next 5,000 of taxable income and5% on all taxable income in excess of 10,000.The purpose of this penalty provision is to ensure that sufficientinformation is disclosed on the return. If major schedules (suchas the balance sheet) are omitted or incomplete, or if schedulesare consistently omitted or incomplete, then the penalty will beimposed. The more severe or consistent the omission, the morelikely it is that the penalty will be imposed. Refer to the Required“Forms and Schedules” section of this booklet for additionalinformation on what constitute a complete return.AMENDED RETURNFile an amended return to: make adjustments to tax;claim a refund due to an adjustment to tax;claim a net operating loss (NOL) carryback deduction;report federal adjustments (1120X), and;report IRS audit adjustments (RAR)When to File: A taxpayer may apply to the Department forrevision of any return filed at any time within 3 years of the duedate; or, if an extension was granted, 3 years from the date thereturn was filed. The 3-year period is not applicable to an IRSaudit; however, no additional assessment or refund will bemade more than 3 years after the date the IRS disposes of thetax liability in question.Direct or Separate Accounting Method: Producers of mineralor natural resource products and construction contractors arerequired to use direct accounting in computing their taxableincome to this state. For more details, see Title 35, Part III,Subpart 08, Chapter 06 of the Miss Administrative Code. Othertaxpayers may not employ a direct accounting or separateaccounting method unless they have obtained written authorityfrom the Commissioner to do so. Refer to the “Producers ofMineral or Natural Resource Products” section of this booklet foradditional information.Net Operating Loss (NOL): Form 83-155 must be filed withan amended return in order to claim a net operating lossdeduction. Form 83-155 is used to make an irrevocableelection to carryback or carry forward the current year NOL. Formore information concerning net operating losses, see the “NetOperating Loss (NOL) & Capital Loss” section of this booklet.Internal Revenue Service Audit (RAR): To documentadjustments made as a result of an IRS audit, the RevenueAgent Report should be attached to the Mississippi amendedreturn.Returns should be filed on the basis of the 12-month accountingperiod established by the corporation. A corporation on a fiscalyear basis must enter the beginning and ending dates of thetaxable year in the appropriate spaces on the return. Noaccounting period, other than calendar year, will be recognized,unless before its close it was definitely established as anaccounting period by the taxpayer and the books of suchtaxpayer were kept in accordance therewith.Amended Federal: To document adjustments made as aresult of an amended federal return, a copy of the amendedfederal (Form 1120X) should be attached to the amendedMississippi return. If a consolidated amended federal returnwas filed, please attach an amended Pro-Forma FederalReturn, as well as the amended consolidated federal return tothe amended state return.All dollar amounts should be rounded to the nearest whole dollar(no pennies). Round down to the next lower dollar amountsunder .50 and round up to the next higher dollar amounts of .50 and over. For example: 2.15 becomes 2.00; 4.75becomes 5.00; and 3.50 becomes 4.00.Any other documentation supporting the adjustments madeshould also be included with the amended Mississippi return.Attach a copy of the original filed return. Overpayments thatare not refunded will be applied to the next period for which thecorporation makes a filing.Taxpayers are required to maintain an accurate and completeset of records and other information necessary for theDepartment to determine the correct amount of tax due. Therecords and other information must be available for inspectionby the Department upon request at a reasonable time andlocation. Refusal or delay by the taxpayer to p r o v i d edocumentation upon the Department’s request will result in anassessment being made from any information available, whichshall be prima facie correct.Franchise Tax: 1.75 per 1,000 of capital, or fractional partthereof, of capital surplus, undivided profits and true reserves6

FRANCHISE TAXThe franchise tax is measured by the value of capital used,invested or employed in the exercise of any power, privilegeor right enjoyed by the corporation within Mississippi. Themode of measurement is the amount of capital of thecorporation employed or so situated as to be privileged to beemployed in this state. In determining the amount of capital,the net book value as regularly employed in conducting theaffairs of the corporation should be accepted as prima faciecorrect as to the true capital of the corporation, except wherethe Commissioner determines that the book value does notproperly reflect capital employed in this state and in thatsituation the Commissioner's determination of capital shouldbe prima facie correct.Multistate Taxpayers: Lines 9 through 12 of Form 83-110must be completed by multistate corporations doingbusiness both within and without Mississippi. Total capital ofa multistate corporation is apportioned to Mississippi in theratio that real and tangible personal property owned inMississippi and gross receipts from business carried on inMississippi bears to the total real and tangible personalproperty owned by the corporation and gross receiptswherever located and from wherever received.The amount of capital apportioned to Mississippi is computedonline 13 of Form 83-110. The section of Form 83-110concerning the assessed values of all real and personalproperty in Mississippi must be completed by allcorporations. Miss. Code Ann. § 27-13-9 and § 27-13-13,provide that the amount of the determined capital inMississippi should in no case be less than the assessedvalue of the Mississippi property of the corporation for theyear preceding the year in which the return is due.Form 83-110 must be completed by all corporations to indicatethe amount of capital of the corporation. All reserves that donot represent definitely known and fixed liabilities must beconsidered as elements of capital of the corporation. Amountsdesignated for payment of dividends may not be excludedunless such amounts have been definitely and irrevocablyplaced to the credit of the stockholder, subject to withdrawalon demand. Sums representing debts, notes, bonds,mortgages due and payable, depreciation reserves, bad debtreserves, or reserves representing valuation accounts may beexcluded (unless between affiliated companies orshareholders).Taxable capital is calculated on lines 15 through 18 of Form83-110. The amount of taxable capital shown on line 18 shouldbe entered on line 1, Form 83-105.For tax years ending on or after December 31, 2001, theproperty and receipts of flow-through entities must beincluded in a multistate corporate partner’s computation ofthe apportionment ratio applied to the capital base. Theassessed value of property of flow-through entities must beincluded in a multistate corporate partner's assessed valueof property when determining the alternate capital base.Holding Corporation: A holding corporation, as defined inMiss. Ann. Code § 27-13-1(i), is (1) any corporation owning atleast eighty percent (80%) of the value of capital stock and atleast eighty percent (80%) of the combined voting power of allclasses of capital stock of another corporation and (2) derivingat least ninety-five percent (95%) of its gross receipts fromdividends, interest, royalties, rents, services provided tomembers of an affiliated group (as defined in Section 27-737(2)(d)) to the extent of the cost of providing such services.Per Miss. Ann. Code §27-13-1(i), in the case of a holdingcorporation, the value of the capital used, invested oremployed in this state shall exclude that portion of the bookvalue of the holding corporation’s investment in stock orsecurities of its subsidiary corporation using the ratio between(1) the holding corporation’s investment in stock or securitiesof its subsidiary corporation and (2) the holding corporation’stotal assets. Such ratio shall then be applied to the total capitalstock, surplus, undivided profits and true reserves of theholding corporation in order to arrive at the amount of theexclusion. The holding company exclusion is computed on line7 of Form 83-110 and a schedule of computation must beattached to the return for the exclusion.7

INCOME TAXGenerally, all domestic and foreign corporations havingincome from sources within Mississippi must complete Form83-122, which makes adjustments for additions to anddeductions from federal ordinary income due to differences infederal and Mississippi laws, to arrive at net income (loss) forstate purposes.ARMS- LENGTH TRANSACTIONSThe state definition of "arms-length" is not tied to that of thefederal definition. See Miss. Code Ann. § 27-7-9(j)(6). TheCommissioner can adjust a transaction when income hasbeen shifted between related parties and/or taxes have beenavoided in this state.INSTALLMENT SALESMississippi does not follow federal rules concerning installmentsales. Gains from the sale of casual property will berecognized in the year of the sale. However, the tax on the gainmay be deferred. Deferred taxes are generally paid as theproceeds from the sale are received. However, the followingwill result in acceleration of payments:Gains from the sale of certain stocks in domestic entities arenot recognized as a part of income. However, the gain mustbe reduced by losses from the sale of certain stocks indomestic entities if the losses were incurred in the year of thegain or within the two years preceding or subsequent to thegain. See Miss. Code Ann. § 27-7-9(f)(10). Transfer, disposition, sale or disposal of the note in anymanner will result in deferred tax payments becomingimmediately due and payable. Liquidation, dissolution, withdrawal from this state andcertain merger transactions will result in deferred taxpayments becoming immediately due and payable.Taxpayers who elect the installment method for federal incometax purposes should include as a part of their return both aFederal Form 6252 and a schedule of any differences betweenthe federal and Mississippi amounts.Mississippi has not adopted federal provisions related toExtraterritorial Income Exclusion. The amount related to thisexclusion of income on the federal return must be addedback to the Mississippi income tax return prior to theapportionment of income. The proper placement for thisMississippi adjustment to federal income is on Form 83-122,line 7 titled "Other Additions Required by Law". A copy ofFederal Form 8873 should be attached to the Mississippireturn when this adjustment is being made for federalpurposes.Taxpayers are required to add back the following to itscomputation of net income:In addition, a FSC (Foreign Sales Corporation) that isorganized under the laws of a U.S. territory is treated as adomestic corporation and, thus, dividends received from itare considered apportionable business income. Failure to comply with the necessary filing requirements. Intangible expenses and costs and interest expenses andcosts in relation to or in connection with the direct or indirectmaintenance or management, ownership, sale, exchangeor other disposition of intangible property. Royalty, patent, technical and copyright fees, licensing feesand other similar expenses.Total Assignment of Income: If the business activity inrespect to any trade or business of the corporation occurswithin this state, and if by reason of such business activity thecorporation is not taxable in another state, the total net income(loss) of the corporation is assigned to Mississippi. Expenses and costs associated directly or indirectly withfactoring transactions or discounting transactions.Intangible property includes patents, patent applications, tradenames, trademarks, service marks and similar types ofintangible assets.Apportionment of Business Income: If the businessactivity in respect to any trade or business of a taxpayeroccurs both within and without this state, and if by reason ofsuch business activity the taxpayer is taxable in anotherstate, the portion of the net income (loss) arising from suchtrade or business which is derived from sources within thisstate, should be determined by apportionment in accordancewith the formulas prescribed by Title 35, Part III, Subpart 08,Chapter 06 of the Miss. Admin. Code unless prescribedotherwise. In such case, the taxpayer must complete Form83-125. Multistate contractors use Form 83- 124.Limitations: The adjustment will not apply to such portion ofintangible expenses, interest expenses and costs which arenot with a related member; or the related member is notprimarily engaged in the acquisition, use, maintenance,management, ownership, sale, exchange, or other dispositionof intangible property; and the transaction(s) were done for avalid business purpose.8

Mississippi law does NOT authorize combined reporting forfranchise tax; therefore, separate returns are required of allcorporations c

tax credit from January 1, 2022, to January 1, 2026. Senate Bill 2858 (2016 Legislative Session) - Miss. Code Ann. §27-7-5 and §27-7-18 Beginning with tax year 2018, the 3% tax rate on corporate income tax will be phased out over a five-year period ending with tax year 2022 as follows: Tax Year 2018 . First 1,000 @ 0% and the next 4,000 @ 3%