To determine whether a taxpayer with a new facility qualifies for the credit, the average employment for the portion of the year after production was started should be compared with the same period for the previous year. If the increase exceeds the minimum, then the taxpayer would qualify for the credit. For example, a calendar year taxpayer begins doing business in Mississippi and constructs a new facility that starts up on June 1, 2007. To determine whether the taxpayer qualifies for the credit, June through December of 2007 should be compared to June through December of 2006. If the increase meets the minimum requirement, then the taxpayer would qualify for the credit.
35 Miss. Code. R. 10-01-108