660.055. Shared care tax credit available, when--eligibility requirements--rulemaking authority--penalty provision.
Shared care tax credit available, when--eligibilityrequirements--rulemaking authority--penalty provision.
660.055. 1. Any registered caregiver who meets the requirements ofthis section shall be eligible for a shared care tax credit in an amountnot to exceed five hundred dollars to defray the cost of caring for anelderly person. In order to be eligible for a shared care tax credit, aregistered caregiver shall:
(1) Care for an elderly person, age sixty or older, who:
(a) Is physically or mentally incapable of living alone, asdetermined and certified by his or her physician licensed pursuant tochapter 334, RSMo, or by the division of aging staff when an assessment hasbeen completed for the purpose of qualification for other services; and
(b) Requires assistance with activities of daily living to the extentthat without care and oversight at home would require placement in afacility licensed pursuant to chapter 198, RSMo; and
(c) Under no circumstances, is able or allowed to operate a motorvehicle; and
(d) Does not receive funding or services through Medicaid or socialservices block grant funding;
(2) Live in the same residence to give protective oversight for theelderly person meeting the requirements described in subdivision (1) ofthis subsection for an aggregate of more than six months per tax year;
(3) Not receive monetary compensation for providing care for theelderly person meeting the requirements described in subdivision (1) ofthis subsection; and
(4) File the original completed and signed physician certificationfor shared care tax credit form or the original completed and signeddivision of aging certification for shared care tax credit form providedfor in subsection 2 of section 660.054 along with such caregiver's Missouriindividual income tax return to the department of revenue.
2. The tax credit allowed by this section shall apply to any yearbeginning after December 31, 1999.
3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections660.050 to 660.057 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August28, 1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.
4. Any person who knowingly falsifies any document required for theshared care tax credit shall be subject to the same penalties forfalsifying other tax documents as provided in chapter 143, RSMo.
(L. 1999 H.B. 316, et al.)CROSS REFERENCE:
Tax Credit Accountability Act of 2004, additional requirements, RSMo 135.800 to 135.830