Mississippi § 37-148-5 - Eligibility for rebate for qualified research costs; application; claiming rebate; audit.

§ 37-148-5. Eligibility for rebate for qualified research costs; application; claiming rebate; audit.

Subject to the provisions of this chapter, an investor incurring qualified research costs subject to a research agreement is eligible for a rebate equal to twenty-five percent (25%) of the investor’s qualified research costs. An investor incurring research costs may not claim a rebate pursuant to this chapter greater than One Million Dollars ($1,000,000.00) in any fiscal year. The total amount of rebates issued under this chapter by the state in any fiscal year may not exceed Five Million Dollars ($5,000,000.00). Investors desiring to apply for the rebate authorized by this chapter shall submit an application to IHL which must contain, at a minimum, the following: A description of the qualified research to be conducted by the college or research corporation; A proposed budget; An estimated date for completion of the qualified research; and Such additional information as may be requested by IHL. IHL shall review each application to determine if the investor has satisfied all of the requirements of this section. Within sixty (60) days of receiving an application, IHL shall issue or refuse to issue a SMART Business certificate. The SMART Business certificate must include the amount of the rebate the investor is eligible to claim, subject to subsection (1) of this section. IHL must notify the Department of Revenue when a SMART Business certificate is issued. To claim a rebate, the investor must submit a rebate allocation claim to the Department of Revenue. The rebate allocation claim must include, at a minimum, the SMART Business certificate issued by IHL and proof of payment to the college or research corporation for qualified research conducted according to the research agreement. The Department of Revenue may request an audit from the investor submitting a rebate allocation claim, at the investor’s expense, to verify the investor has satisfied the requirements of this chapter. The Department of Revenue shall issue rebates available under this section from current income tax collections. Rebates must be allocated to investors by the Department of Revenue in the order that SMART Business certificates are issued by IHL.