House Bill 1668 of the 2023 Legislative Session was signed into law on March 27, 2023. This bill amended Miss. Code Ann. Section 27-7-26 by revising the method by which a partnership, S corporation or other similar pass-through entity may elect to become an “electing pass-through entity” for state income tax purposes, and provided that any additional income tax credits generated by the electing pass-through entity shall be passed through to the owners on a pro rata basis and that any excess credit may be carried forward as an overpayment or refunded. Limitations applicable to credits generated by the electing pass-through entity shall apply at the owner, member, partner or shareholder level. This bill is effective from and after January 1, 2023 and applies to any income tax return with an original due date on or after January 1, 2023.
Notice 80-23-002: Updated Guidance on Pass-Through Entity Election