Text of MS HB 866 (2026)
Portable benefit accounts; allow hiring party to contribute funds to for benefit plans for independent contractors.
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As introduced
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MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Commerce
By: Representative Lamar
House Bill 866
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF PORTABLE BENEFIT
ACCOUNTS FOR INDEPENDENT CONTRACTORS; TO AUTHORIZE A HIRING PARTY TO CONTRIBUTE
FUNDS TO THE PORTABLE BENEFIT ACCOUNT FOR AN INDEPENDENT CONTRACTOR; TO PROVIDE
THAT A HIRING PARTY MAY WITHHOLD A PERCENTAGE OF FUNDS FROM THE COMPENSATION
OWED TO AN INDEPENDENT CONTRACTOR IF BOTH PARTIES AGREE TO THE WITHHOLDING IN
WRITING; TO BRING FORWARD SECTIONS 27-7-16, 27-7-17 AND 71-9-5, MISSISSIPPI
CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
(1) As used in this section, the following words shall have the meanings as
defined in this subsection, unless the context clearly indicates otherwise:
(a) "Bank"
means that term as defined in Section 3(a)(1) of the Federal Deposit Insurance
Act (12 USC Section 1813(a)(1)).
(b) "Benefit
plan" means benefits that may customarily be provided by an employer as
part of a benefit plan, including, but not limited to:
(i) Health
insurance;
(ii) Income
replacement insurance;
(iii) Life
insurance; and
(iv) Retirement
benefits.
(c) "Hiring
party" means a person or entity who hires or enters into a contract with
an independent contractor for the performance of work.
(d) "Independent
contractor" means a person who contracts to do a piece of work according
to his or her own methods without being subject to the control of his or her
employer except as to the results of the work, and who has the right to employ
and direct the outcome of the workers independent of the employer and free from
any superior authority in the employer to say how the specified work must be
done or what the laborers must do as the work progresses.
(e) "Portable
benefit account" means an account:
(i) Owned by an
independent contractor for the purpose of funding the purchase of one or more
benefit plans;
(ii) Administered
by a third-party portable benefit account provider chosen by the independent
contractor; and
(iii) Assigned to
a beneficiary of one or more benefit plans rather than a hiring party.
(f) "Portable
benefit account provider" means:
(i) A bank;
(ii) An investment
management firm; or
(iii) A technology
provider or program manager that offers services through a bank or investment
management firm.
(2) A hiring party,
including an Internet or application based entity, may contribute funds to a
portable benefit account for an independent contractor.
(3) Contributions to a
portable benefit account may be made using the funds of a hiring party or a
percentage of funds withheld from the compensation owed to an independent
contractor, as long as:
(a) Both the hiring
party and the independent contractor have agreed to withholding such compensation
in a written agreement;
(b) The written
agreement is clear, unambiguous and prominently displayed either in the
contract for work entered into between the hiring party and the independent
contractor, or in a separate notice;
(c) The withholdings
are voluntary and require the independent contractor to opt-in; and
(d) The independent
contractor may choose to opt-out of the withholdings at any time.
(4) Contributions to a
portable benefit account may not be used as a criterion for determining a
worker's employment classification or construed by a Mississippi court as any
element of an employment relationship, including, but not limited to, for
purposes of imposing liability on the hiring party under the Workers'
Compensation Law (Chapter 3, Title 71, Mississippi Code of 1972). This section
may not be construed to create a right for independent contractors to receive
compensation under the Workers' Compensation Law or to participate in any state
retirement plan.
SECTION 2. Section
27-7-16, Mississippi Code of 1972, is brought forward as follows:
27-7-16. Amounts
contributed in the taxable year by employees and/or self-employed individuals,
including partners, to an employees' pension trust, tax-sheltered annuity plan,
authorized deferred compensation plan, self-employed retirement plan,
individual retirement account or retirement bond which meets the requirements
of a qualified plan under the provisions of the Internal Revenue Code of 1986,
as amended, shall be deductible from gross income, subject to the conditions
and limitations of the Internal Revenue Code of 1986, as amended. Amounts
contributed in the taxable year to a Roth individual retirement account shall
be treated in the same manner as provided under the Internal Revenue Code of 1986,
as amended.
SECTION 3. Section
27-7-17, Mississippi Code of 1972, is brought forward as follows:
27-7-17. In computing
taxable income, there shall be allowed as deductions:
(1) Business deductions.
(a) Business
expenses. All the ordinary and necessary expenses paid or incurred during
the taxable year in carrying on any trade or business, including a reasonable
allowance for salaries or other compensation for personal services actually
rendered; nonreimbursable traveling expenses incident to current employment,
including a reasonable amount expended for meals and lodging while away from
home in the pursuit of a trade or business; and rentals or other payments
required to be made as a condition of the continued use or possession, for
purposes of the trade or business of property to which the taxpayer has not
taken or is not taking title or in which he had no equity. Expense incurred in
connection with earning and distributing nontaxable income is not an allowable
deduction. Limitations on entertainment expenses shall conform to the
provisions of the Internal Revenue Code of 1986. There shall also be allowed a
deduction for expenses as provided in Section 41-137-51.
(b) Interest.
All interest paid or accrued during the taxable year on business indebtedness,
except interest upon the indebtedness for the purchase of tax-free bonds, or any
stocks, the dividends from which are nontaxable under the provisions of this
article; provided, however, in the case of securities dealers, interest
payments or accruals on loans, the proceeds of which are used to purchase tax-exempt
securities, shall be deductible if income from otherwise tax-free securities is
reported as income. Investment interest expense shall be limited to investment
income. Interest expense incurred for the purchase of treasury stock, to pay
dividends, or incurred as a result of an undercapitalized affiliated
corporation may not be deducted unless an ordinary and necessary business
purpose can be established to the satisfaction of the commissioner. For the
purposes of this paragraph, the phrase "interest upon the indebtedness for
the purchase of tax-free bonds" applies only to the indebtedness incurred
for the purpose of directly purchasing tax-free bonds and does not apply to any
other indebtedness incurred in the regular course of the taxpayer's business.
Any corporation, association, organization or other entity taxable under
Section 27-7-23(c) shall allocate interest expense as provided in Section 27-7-23(c)(3)(I).
(c) Taxes. Taxes
paid or accrued within the taxable year, except state and federal income taxes,
excise taxes based on or measured by net income, estate and inheritance taxes,
gift taxes, cigar and cigarette taxes, gasoline taxes, and sales and use taxes
unless incurred as an item of expense in a trade or business or in the
production of taxable income. In the case of an individual, taxes permitted as
an itemized deduction under the provisions of subsection (3)(a) of this section are to be claimed
thereunder.
(d) Business
losses.
(i) Losses
sustained during the taxable year not compensated for by insurance or
otherwise, if incurred in trade or business, or nonbusiness transactions
entered into for profit.
(ii) Limitations
on losses from passive activities and rental real estate shall conform to the
provisions of the Internal Revenue Code of 1986.
(e) Bad debts.
Losses from debts ascertained to be worthless and charged off during the
taxable year, if sustained in the conduct of the regular trade or business of
the taxpayer; provided, that such losses shall be allowed only when the
taxpayer has reported as income, on the accrual basis, the amount of such debt
or account.
(f) Depreciation.
(i) A reasonable allowance for exhaustion, wear and tear of property used in
the trade or business, or rental property, and depreciation upon buildings
based upon their reasonable value as of March 16, 1912, if acquired prior
thereto, and upon cost if acquired subsequent to that date. In the case of new
or used aircraft, equipment, engines, or other parts and tools used for
aviation, allowance for bonus depreciation conforms with the federal bonus
depreciation rates and reasonable allowance for depreciation under this section
is no less than one hundred percent (100%).
(ii) 1. For the
purposes of computing income tax for tax years beginning after December 31,
2022, a taxpayer may treat specified research or experimental expenditures that
are paid or incurred by the taxpayer during the tax year in connection with the
taxpayer's trade or business as expenses that are not chargeable to the capital
account. Such expenditures so treated shall be allowed as an immediate
deduction. Such expenditures shall remain allowable as a full and immediate
expense deduction in the year in which the expenses are incurred
notwithstanding any changes to the federal Internal Revenue Code related to the
depreciation of such specified research or experimental expenditures. A
taxpayer may alternatively treat the depreciation of such specified research or
experimental expenditures in accordance with the schedule provided in 26 USCS
Section 174. A taxpayer may make an election whether to take a full and
immediate deduction for such expenditures and/or to depreciate the expenditures
in accordance with 26 USCS Section 174. Such an election may be made for any
tax year if made not later than the time prescribed by law for filing the
return for such tax year, including extensions thereof. The method so elected
by the taxpayer is irrevocable unless the commissioner specifically allows a
change in the method.
2. For the
purpose of computing income tax for tax years beginning after December 31,
2022, expenditures for business assets that are qualified property or qualified
improvement property shall be eligible for one hundred percent (100%) bonus
depreciation and may be deducted as an expense incurred by the taxpayer during
the tax year during which the property is placed in service, notwithstanding
any changes to federal law related to cost recovery beginning on January 1,
2023, or on any other date. A taxpayer may alternatively treat the
depreciation of such business assets in accordance with the schedule provided
in 26 USCS Section 168. A taxpayer may make an
election whether to take a bonus depreciation deduction for such expenditures
and/or to depreciate the expenditures in accordance with 26 USCS Section 168.
Such an election may be made for any tax year if made
not later than the time prescribed by law for filing the return for such tax
year, including extensions thereof. The method so elected by the taxpayer
is irrevocable unless the commissioner specifically allows a change in the
method.
3. In any
taxable year in which any 26 USCS Section 179 property is placed in service, a
taxpayer may elect to treat the cost of such property as an expense which is
not chargeable to a capital account, and any cost so treated shall be allowed
as a deduction for that year. Mississippi's treatment of the deduction shall
conform to the provisions of 26 USCS Section 179 in effect for that year.
4. For the
purposes of this subparagraph (ii), unless the context requires otherwise, the
following terms shall have the meanings ascribed herein:
a.
"Qualified improvement property" means and has the same definition as
such term has in 26 USCS Section 168(e)(6) as it existed on January 1, 2021,
and shall apply to property placed in service after December 31, 2022.
b.
"Qualified property" means and has the same definition as such term has
in 26 USCS Section 168(k) as it existed on January 1, 2021, and shall apply to
property placed in service after December 31, 2022.
c.
"Specified research or experimental expenditures" means and has the
same definition as such term has in 26 USCS Section 174 as it existed on
January 1, 2021.
5. Nothing in
this subparagraph (ii) shall be construed to nullify or otherwise alter the
treatment of depreciation expenses for any tax year prior to 2023.
6. The total
of any method or combination of methods of depreciation used under this
subparagraph (ii) cannot exceed one hundred percent (100%) of the cost of the
subject property.
(g) Depletion.
In the case of mines, oil and gas wells, other natural deposits and timber, a
reasonable allowance for depletion and for depreciation of improvements, based
upon cost, including cost of development, not otherwise deducted, or fair
market value as of March 16, 1912, if acquired prior to that date, such
allowance to be made upon regulations prescribed by the commissioner, with the
approval of the Governor.
(h) Contributions
or gifts. Except as otherwise provided in paragraph (p) of this subsection
or subsection (3)(a) of this section for
individuals, contributions or gifts made by corporations within the taxable
year to corporations, organizations, associations or institutions, including
Community Chest funds, foundations and trusts created solely and exclusively
for religious, charitable, scientific or educational purposes, or for the
prevention of cruelty to children or animals, no part of the net earnings of
which inure to the benefit of any private stockholder or individual. This
deduction shall be allowed in an amount not to exceed twenty percent (20%) of
the net income. Such contributions or gifts shall be allowable as deductions
only if verified under rules and regulations prescribed by the commissioner,
with the approval of the Governor. Contributions made in any form other than
cash shall be allowed as a deduction, subject to the limitations herein
provided, in an amount equal to the actual market value of the contributions at
the time the contribution is actually made and consummated.
(i) Reserve funds -
insurance companies. In the case of insurance companies the net additions
required by law to be made within the taxable year to reserve funds when such
reserve funds are maintained for the purpose of liquidating policies at
maturity.
(j) Annuity income.
The sums, other than dividends, paid within the taxpayer year on policy or
annuity contracts when such income has been included in gross income.
(k) Contributions
to employee pension plans. Contributions made by an employer to a plan or
a trust forming part of a pension plan, stock bonus plan, disability or death-benefit
plan, or profit-sharing plan of such employer for the exclusive benefit of some
or all of his, their, or its employees, or their beneficiaries, shall be
deductible from his, their, or its income only to the extent that, and for the
taxable year in which, the contribution is deductible for federal income tax
purposes under the Internal Revenue Code of 1986 and any other provisions of
similar purport in the Internal Revenue Laws of the United States, and the
rules, regulations, rulings and determinations promulgated thereunder, provided
that:
(i) The plan or
trust be irrevocable.
(ii) The plan or
trust constitute a part of a pension plan, stock bonus plan, disability or
death-benefit plan, or profit-sharing plan for the exclusive benefit of some or
all of the employer's employees and/or officers, or their beneficiaries, for
the purpose of distributing the corpus and income of the plan or trust to such
employees and/or officers, or their beneficiaries.
(iii) No part of
the corpus or income of the plan or trust can be used for purposes other than
for the exclusive benefit of employees and/or officers, or their beneficiaries.
Contributions to all plans
or to all trusts of real or personal property (or real and personal property
combined) or to insured plans created under a retirement plan for which
provision has been made under the laws of the United States of America, making
such contributions deductible from income for federal income tax purposes,
shall be deductible only to the same extent under the Income Tax Laws of the
State of Mississippi.
(l) Net operating
loss carrybacks and carryovers. A net operating loss for any taxable year
ending after December 31, 1993, and taxable years thereafter, shall be a net
operating loss carryback to each of the three (3) taxable years preceding the
taxable year of the loss. If the net operating loss for any taxable year is
not exhausted by carrybacks to the three (3) taxable years preceding the
taxable year of the loss, then there shall be a net operating loss carryover to
each of the fifteen (15) taxable years following the taxable year of the loss
beginning with any taxable year after December 31, 1991.
For any taxable year ending
after December 31, 1997, the period for net operating loss carrybacks and net
operating loss carryovers shall be the same as those established by the
Internal Revenue Code and the rules, regulations, rulings and determinations
promulgated thereunder as in effect at the taxable year end or on December 31,
2000, whichever is earlier.
A net operating loss for any
taxable year ending after December 31, 2001, and taxable years thereafter, shall
be a net operating loss carryback to each of the two (2) taxable years
preceding the taxable year of the loss. If the net operating loss for any
taxable year is not exhausted by carrybacks to the two (2) taxable years
preceding the taxable year of the loss, then there shall be a net operating
loss carryover to each of the twenty (20) taxable years following the taxable
year of the loss beginning with any taxable year after the taxable year of the
loss.
The term "net operating
loss," for the purposes of this paragraph, shall be the excess of the
deductions allowed over the gross income; provided, however, the following
deductions shall not be allowed in computing same:
(i) No net
operating loss deduction shall be allowed.
(ii) No personal
exemption deduction shall be allowed.
(iii) Allowable
deductions which are not attributable to taxpayer's trade or business shall be
allowed only to the extent of the amount of gross income not derived from such
trade or business.
Any taxpayer entitled to a carryback
period as provided by this paragraph may elect to relinquish the entire
carryback period with respect to a net operating loss for any taxable year ending
after December 31, 1991. The election shall be made in the manner prescribed
by the Department of Revenue and shall be made by the due date, including
extensions of time, for filing the taxpayer's return for the taxable year of
the net operating loss for which the election is to be in effect. The
election, once made for any taxable year, shall be irrevocable for that taxable
year.
(m) Amortization of
pollution or environmental control facilities. Allowance of deduction.
Every taxpayer, at his election, shall be entitled to a deduction for pollution
or environmental control facilities to the same extent as that allowed under
the Internal Revenue Code and the rules, regulations, rulings and
determinations promulgated thereunder.
(n) Dividend distributions
- real estate investment trusts. "Real estate investment trust"
(hereinafter referred to as REIT) shall have the meaning ascribed to such term
in Section 856 of the federal Internal Revenue Code of 1986, as amended. A
REIT is allowed a dividend distributed deduction if the dividend distributions
meet the requirements of Section 857 or are otherwise deductible under Section
858 or 860, federal Internal Revenue Code of 1986, as amended. In addition:
(i) A dividend
distributed deduction shall only be allowed for dividends paid by a publicly
traded REIT. A qualified REIT subsidiary shall be allowed a dividend
distributed deduction if its owner is a publicly traded REIT.
(ii) Income
generated from real estate contributed or sold to a REIT by a shareholder or
related party shall not give rise to a dividend distributed deduction, unless
the shareholder or related party would have received the dividend distributed
deduction under this chapter.
(iii) A holding
corporation receiving a dividend from a REIT shall not be allowed the deduction
in Section 27-7-15(4)(t).
(iv) Any REIT not allowed
the dividend distributed deduction in the federal Internal Revenue Code of
1986, as amended, shall not be allowed a dividend distributed deduction under this
chapter.
The commissioner is
authorized to promulgate rules and regulations consistent with the provisions
in Section 269 of the federal Internal Revenue Code of 1986, as amended, so as
to prevent the evasion or avoidance of state income tax.
(o) Contributions
to college savings trust fund accounts. Contributions or payments to a
Mississippi Affordable College Savings Program account are deductible as
provided under Section 37-155-113. Payments made under a prepaid tuition
contract entered into under the Mississippi Prepaid Affordable College Tuition
Program are deductible as provided under Section 37-155-17.
(p) Contributions
of human pharmaceutical products. To the extent that a "major
supplier" as defined in Section 27-13-13(2)(d) contributes human
pharmaceutical products in excess of Two Hundred Fifty Million Dollars
($250,000,000.00) as determined under Section 170 of the Internal Revenue Code,
the charitable contribution limitation associated with those donations shall
follow the federal limitation but cannot result in the Mississippi net income
being reduced below zero.
(q) Contributions
to ABLE trust fund accounts. Contributions or payments to a Mississippi
Achieving a Better Life Experience (ABLE) Program account are deductible as provided
under Section 43-28-13.
(2) Restrictions on the deductibility of certain
intangible expenses and interest expenses with a related member.
(a) As used in this subsection (2):
(i) "Intangible expenses and costs"
include:
1. Expenses,
losses and costs for, related to, or in connection directly or indirectly with
the direct or indirect acquisition, use, maintenance or management, ownership,
sale, exchange or any other disposition of intangible property to the extent
such amounts are allowed as deductions or costs in determining taxable income
under this chapter;
2. Expenses
or losses related to or incurred in connection directly or indirectly with
factoring transactions or discounting transactions;
3. Royalty,
patent, technical and copyright fees;
4. Licensing
fees; and
5. Other
similar expenses and costs.
(ii)
"Intangible property" means patents, patent applications, trade
names, trademarks, service marks, copyrights and similar types of intangible
assets.
(iii) "Interest
expenses and cost" means amounts directly or indirectly allowed as
deductions for purposes of determining taxable income under this chapter to the
extent such interest expenses and costs are directly or indirectly for, related
to, or in connection with the direct or indirect acquisition, maintenance,
management, ownership, sale, exchange or disposition of intangible property.
(iv) "Related
member" means an entity or person that, with respect to the taxpayer
during all or any portion of the taxable year, is a related entity, a component
member as defined in the Internal Revenue Code, or is an entity or a person to
or from whom there is attribution of stock ownership in accordance with Section
1563(e) of the Internal Revenue Code.
(v) "Related
entity" means:
1. A
stockholder who is an individual or a member of the stockholder's family, as
defined in regulations prescribed by the commissioner, if the stockholder and
the members of the stockholder's family own, directly, indirectly, beneficially
or constructively, in the aggregate, at least fifty percent (50%) of the value
of the taxpayer's outstanding stock;
2. A
stockholder, or a stockholder's partnership, limited liability company, estate,
trust or corporation, if the stockholder and the stockholder's partnerships,
limited liability companies, estates, trusts and corporations own, directly,
indirectly, beneficially or constructively, in the aggregate, at least fifty
percent (50%) of the value of the taxpayer's outstanding stock;
3. A
corporation, or a party related to the corporation in a manner that would
require an attribution of stock from the corporation to the party or from the
party to the corporation, if the taxpayer owns, directly, indirectly,
beneficially or constructively, at least fifty percent (50%) of the value of
the corporation's outstanding stock under regulation prescribed by the
commissioner;
4. Any entity
or person which would be a related member under this section if the taxpayer
were considered a corporation for purposes of this section.
(b) In computing net income, a
taxpayer shall add back otherwise deductible interest expenses and costs and
intangible expenses and costs directly or indirectly paid, accrued to or
incurred, in connection directly or indirectly with one or more direct or
indirect transactions with one or more related members.
(c)
The adjustments required by this subsection shall not apply to such portion of
interest expenses and costs and intangible expenses and costs that the taxpayer
can establish meets one (1) of the following:
(i) The related
member directly or indirectly paid, accrued or incurred such portion to a
person during the same income year who is not a related member; or
(ii) The
transaction giving rise to the interest expenses and costs or intangible
expenses and costs between the taxpayer and related member was done primarily
for a valid business purpose other than the avoidance of taxes, and the related
member is not primarily engaged in the acquisition, use, maintenance or
management, ownership, sale, exchange or any other disposition of intangible
property.
(d) Nothing in this
subsection shall require a taxpayer to add to its net income more than once any
amount of interest expenses and costs or intangible expenses and costs that the
taxpayer pays, accrues or incurs to a related member.
(e) The commissioner
may prescribe such regulations as necessary or appropriate to carry out the
purposes of this subsection, including, but not limited to, clarifying definitions
of terms, rules of stock attribution, factoring and discount transactions.
(3) Individual
nonbusiness deductions.
(a) The amount
allowable for individual nonbusiness itemized deductions for federal income tax
purposes where the individual is eligible to elect, for the taxable year, to
itemize deductions on his federal return except the following:
(i) The deduction
for state income taxes paid or other taxes allowed for federal purposes in lieu
of state income taxes paid;
(ii) The deduction
for gaming losses from gaming establishments;
(iii) The
deduction for taxes collected by licensed gaming establishments pursuant
to Section 27-7-901;
(iv) The deduction
for taxes collected by gaming establishments pursuant to Section 27-7-903; and
(v) The deduction
for medical expenses for the provision of gender transition procedures as
defined in Section 41-141-3.
(b) In lieu of the
individual nonbusiness itemized deductions authorized in paragraph (a), for all
purposes other than ordinary and necessary expenses paid or incurred during the
taxable year in carrying on any trade or business, an optional standard
deduction of:
(i) Three Thousand
Four Hundred Dollars ($3,400.00) through calendar year 1997, Four Thousand Two
Hundred Dollars ($4,200.00) for the calendar year 1998 and Four Thousand Six
Hundred Dollars ($4,600.00) for each calendar year thereafter in the case of
married individuals filing a joint or combined return;
(ii) One Thousand
Seven Hundred Dollars ($1,700.00) through calendar year 1997, Two Thousand One
Hundred Dollars ($2,100.00) for the calendar year 1998 and Two Thousand Three
Hundred Dollars ($2,300.00) for each calendar year thereafter in the case of
married individuals filing separate returns;
(iii) Three Thousand
Four Hundred Dollars ($3,400.00) in the case of a head of family; or
(iv) Two Thousand
Three Hundred Dollars ($2,300.00) in the case of an individual who is not
married.
In the case of a husband and
wife living together, having separate incomes, and filing combined returns, the
standard deduction authorized may be divided in any manner they choose. In the
case of separate returns by a husband and wife, the standard deduction shall
not be allowed to either if the taxable income of one of the spouses is
determined without regard to the standard deduction.
(c) A nonresident
individual shall be allowed the same individual nonbusiness deductions as are
authorized for resident individuals in paragraph (a) or (b) of this subsection;
however, the nonresident individual is entitled only to that proportion of the
individual nonbusiness deductions as his net income from sources within the
State of Mississippi bears to his total or entire net income from all sources.
(4) Nothing in this section
shall permit the same item to be deducted more than once, either in fact or in
effect.
(5)
Notwithstanding any other provision in Title 27, Mississippi Code of 1972,
there shall be allowed an income tax deduction for otherwise deductible
expenses if:
(a) The payment(s) for
such deductible expenses are made with the grant or loan program of the Paycheck
Protection Program as authorized under (i) the Coronavirus Aid, Relief, and
Economic Security (CARES) Act and the Consolidated Appropriations Act of 2021,
(ii) the COVID-19 Economic Injury Disaster Loan Program, (iii) the 2020 COVID-19
Mississippi Business Assistance Act, (iv) the Rental Assistance Grant Program,
(v) the Shuttered Venue Operators Grant Program and Restaurant Revitalization
Fund authorized by the Economic Aid to Hard-Hit Small Businesses, Nonprofits,
and Venues Act, and amended by the federal American Rescue Plan Act, and/or
(vi) the Mississippi Agriculture Stabilization Act; and
(b) Such deductible
expenses shall be allowed as deductions for federal income tax purposes.
SECTION 4. Section
71-9-5, Mississippi Code of 1972, is brought forward as follows:
71-9-5. (1) Each employer
shall be permitted to offer voluntarily the following programs:
(a) Continued coverage
under the employer's existing health coverage policy, certificate or contract;
or
(b) Participation in a
medical savings account program.
(2) An employer that
previously did not provide an accident and health insurance policy, certificate
or contract for his or her employees may establish a medical savings account
program. In this case, the premium reduction referred to in Section 71-9-3(j)(ii)
of this chapter shall be based on the cost of similar coverage with a Five
Hundred Dollar ($500.00) deductible.
(3) A resident individual
may establish a medical savings account for the benefit of himself or herself
and his or her dependents. Contributions to a medical savings account
established by a resident individual for a tax year shall not exceed the
allowable deductible for a qualified higher deductible health plan.
(4) Except as otherwise
provided by law, the principal contributed and the interest earned on a medical
savings account shall be excluded from the taxable gross income of the account
holder under Section 27-7-15.
SECTION 5. This act
shall take effect and be in force from and after July 1, 2026.