As Amended
SEC. 57-62-13. Qualified business or industry to file claim for incentive payment; qualifications and requirements for receiving incentive payments.
(1) As soon as practicable after the end of a calendar quarter for which a qualified business or industry has qualified to receive an incentive payment, the qualified business or industry shall file a claim for the payment with the State Tax Commission and shall specify the actual number of full-time jobs created and maintained by the business or industry for the calendar quarter and the gross payroll thereof. The State Tax Commission shall verify the actual number of full-time jobs created and maintained by the business or industry and compliance with the average annual wage requirements for such business or industry under Section 57-62-9(4). If the qualified business or industry files a claim for an incentive payment during an additional incentive period provided under Section 57-62-9(2), the State Tax Commission shall verify the actual number of full-time jobs created and maintained by the business or industry and compliance with the average annual wage requirements for such business or industry under Section 57-62-9(2). If the State Tax Commission is not able to provide such verification utilizing all available resources, the State Tax Commission may request such additional information from the business or industry as may be necessary.
(2) (a) The business or industry must meet the salary and job requirements of Section 57-62-9(4) for four (4) consecutive calendar quarters prior to payment of the first incentive payment. If the business or industry does not maintain the salary or job requirements of Section 57-62-9(4) at any other time during the ten-year period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified number of full-time jobs created and maintained by the business or industry equals or exceeds the amounts specified in Section 57-62-9(4) for one (1) calendar quarter.
(b) If the business or industry is qualified to receive incentive payments for an additional period provided under Section 57-62-9(2), the business or industry must meet the wage and job requirements of Section 57-62-9(2), for four (4) consecutive calendar quarters prior to payment of the first incentive payment. If the business or industry does not maintain the wage or job requirements of Section 57-62-9(2), at any other time during the appropriate additional period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified number of full-time jobs created and maintained by the business or industry equals or exceeds the amounts specified in Section 57-62-9(2), for one (1) calendar quarter.
(3) An establishment that has qualified pursuant to this chapter may receive payments only in accordance with the provision under which it initially applied and was approved. If an establishment that is receiving incentive payments expands, it may apply for additional incentive payments based on the new gross payroll for new direct jobs anticipated from the expansion only, pursuant to this chapter.
(4) As soon as practicable after verification of the qualified business or industry meeting the requirements of Sections 24 through 33 of this act and all rules and regulations, the Department of Finance and Administration, upon requisition of the State Tax Commission, shall issue a warrant drawn on the Mississippi Advantage Jobs Incentive Payment Fund to the establishment in the amount of the net benefit rate multiplied by the actual gross payroll as determined pursuant to subsection (1) of this section for the calendar quarter.
SOURCES: Laws, 2000, 2nd Ex Sess, ch. 1, Sec. 30, SB2002; Laws, 2000, 3rd Ex Sess, ch. 1, Sec. 17, HB1, eff from and after passage (approved Nov. 6, 2000.)