Current through the 2024 Regular Session
Section 57-114-17 - Implementation and exclusive jurisdiction(1) The authority and the Department of Revenue shall implement the provisions of this chapter and exercise all powers as authorized in this chapter; however, the application of this chapter and the offering and awarding of any mFlex tax incentive as to any particular qualified business or industry shall be carried out at the discretion of the authority subject to, and in compliance with, this chapter. The exercise of powers conferred by this chapter shall be deemed and held to be the performance of essential public purposes.(2) The authority shall have sole and exclusive jurisdiction and authority to determine whether an applicant qualifies as a qualified business or industry, whether an applicant's project qualifies as a qualified economic development project, whether to certify an applicant and its project as a qualified business or industry undertaking a qualified economic development project and the eligibility thereof for the mFlex tax incentive, the initial calculation of any mFlex tax incentive award, any terms or conditions or further requirements to be included in any mFlex agreement, and any subsequent adjustments to any mFlex tax incentive award or any revocation thereof, in all instances in accordance with this chapter.(3) Nothing in this chapter shall be construed to constitute a guarantee or assumption by the State of Mississippi of any debt of any corporation, limited liability company, partnership, person or sole proprietorship, business trust or other legal entity and subunit or affiliate thereof nor to authorize the credit of the state to be given, pledged or loaned to any corporation, limited liability company, partnership, person or sole proprietorship, business trust or other legal entity and subunit or affiliate thereof. Further, nothing in this chapter gives any right to any qualified business or industry to the tax incentives authorized by this chapter unless such incentive is awarded by this chapter.Added by Laws, 2022, ch. 462, SB 2159,§ 9, eff. 7/1/2022.