MEMORANDUM

TO: ABC’s Valued Customers

FROM: James Eubanks, Director

SUBJECT: Price Book Number 54

This price book, which includes 145 new items, is effective for all orders received by ABC beginning May 01, 2015. Included also, for your reference, is a listing of items which have been delisted recently.​

​​Please review carefully the ordering instructions found on pages 1 – 17. The effective date of all price books varies by the order method employed. Please use the internet for placing orders and viewing account information. The internet usage rate is now close to 90%. If you do not have a PIN and would like to begin using the internet order system, please contact us at (601)856-1310, (601)856-1315, (601)856-1314 or (601)856-1313. Please make sure you have your Sales Tax ID and Permit ID numbers available when you call.

ABC will close in observance of the following holidays:

Monday, May 25, 2015 - Memorial Day

Monday, July 03, 2015 - Independence Day

Please plan your orders with these dates in mind and order early to ensure that you have an adequate supply of product on hand to meet your customers’ needs. Orders placed on Thursday, May 21, 2015, before 11:00 A.M. will be delivered on Friday, May 22. If you place an order after 11:00 A.M. on Thursday, May 21, you will not receive the order until Wednesday, May 27.

Orders placed before the cut on Thursday, July 2, will be delivered to the Jackson Metro area by M&J on Friday, July 3. Shippers Express will deliver outside the Jackson Metro area on Monday, July 6. If you place an order after the cut on Thursday, July 2, and before the cut on Monday, July 6, your order will be delivered on Tuesday, July 7.

Concerning next day delivery, the 11:00 A.M. deadline for orders is applicable unless ABC receives, prior to 11:00 A.M., more orders than can be processed for the following day. PLEASE ORDER EARLY. Internet orders prior to 6:30 A.M. will always be filled.

If you have questions or concerns, please do not hesitate to call me.

James 601-856-1302

MEMORANDUM

TO: ABC On-Premise Retailers

FROM: Mark Hicks, Director of Enforcement

SUBJECT: Food Sales & Kitchen Requirements

Effective September 1, 2012, 35.II.2.03 of the Mississippi Administrative Code was amended to include basic qualifications regarding food sales and kitchen requirements. If your business is subject to these requirements, you have until July 1, 2013 to make the necessary changes to become compliant. Failure to do so could possibly result in administrative action against your business. If you have any questions, contact your local ABC Enforcement office or ABC Enforcement Headquarters at 601-856-1320.

​​

Subpart 02 Enforcement

Chapter 03 Permitted Premises Where Alcoholic Beverages Are Sold

200 Restaurants

201 To qualify as a “restaurant” under Miss. Code Ann. Section 67-1-5(m)(i), the premises must have and maintain the following minimum kitchen requirements:

1. A menu that contains at least five (5) separate entrees. Food items must be prepared in whole or in part on the premises. Food items that are merely heated and served or “ready-to-eat” without further preparation do not meet this requirement. Specialty or theme restaurants that specialize in one entrée line may be exempted from this requirement so long as the entrée line contains an acceptable number of theme or specialty entrée variations;

2. At a minimum, a Risk Category 2 Permit issued by the Mississippi State Department of Health. Proof of the Permit is required for the initial application and all subsequent renewals;

3. Employ at least one (1) employee with management or supervisory responsibility certified as a “food manager”, or an equivalent position, by an educational program recognized by the Mississippi Department of Health.

4. A kitchen that contains the following functional equipment:

a. Oven and stove top (can be one complete unit);

b. Cold storage areas (ie, a refrigerator and freezer, either separate or combined);

c. Ventilation hood that meets applicable requirements under Mississippi State Department of Health regulations and city and/or local ordinances;

d. Adequate food preparation areas and countertop space;

e. Mop sink;

f. Three-compartment sink; and

g. Separate hand-washing facilities for employees.

All equipment must meet applicable standards as required by the Mississippi State Department of Health and as listed in the FDA Food Code. Menus must be readily available and visible to customers along with the dining hours of operation. Dining hours must be adequate to meet the requirements based on the business’s individual food service plan.

5. A minimum of twenty-five percent (25%) of gross annual sales are derived from the preparation and serving of food.

6. Otherwise meet the requirements set forth in Miss. Code Ann. Section 67-1-5(m).

202 The term “restaurant” includes a buffet if the buffet line is operational for at least three (3) hours per day. The buffet must contain at least two (2) meat items and three (3) side items. Items commonly known as “finger goods” or “snack foods” do not meet this requirement.

203 In addition to all other application requirements, an applicant must submit a copy of its menu and the certifications listed in subsection (2) and (3) above with its initial application and any subsequent renewal.

Changes and Corrections to the General Product List have moved from the "News and Notes" section to the "Wholesale Price List" section. ​

Log in under ABC/Products info​ and look for the link for "Corrections to the General Product List".​​​

GULF OPPORTUNITY ZONE ACT OF 2005 (GO Zone)

Congress recently provided additional tax relief to those taxpayers affected by Hurricane Katrina. Below are some of the major tax relief portions of the bill and the Mississippi treatment of these items based on current Mississippi statutes.​​

• 50% bonus depreciation for one year related to rebuilding
  
  Mississippi statutes do not provide authority to follow federal provisions for bonus depreciation. Mississippi law provides a reasonable allowance for exhaustion, wear and tear of property. Regulation 504, amended in 2002, clarifies that bonus deprecation is not an allowable deduction.
  
  &
• Expanding Code Section 179 expensing for investments
  
  IRC Section 179 expensing deduction is $100,000 for 2003 through 2007. The new law increases the expensing limitation by the lesser of $100,000 or the cost of qualified section 179 Katrina GO Zone property. It also increases the $400,000 investment limitation by the lesser of $600,000 or the cost of qualified section 179 Katrina GO Zone property placed in service during the tax year. Property purchased after August 28, 2005, and placed in service on or before December 31, 2007, qualifies.
  
  
  
  Qualified Katrina GO Zone property means: (1) Property described in section 168 (k)(2)(A)(i) purchased software, leasehold improvements, covered property with a recovery period of 20 years or less, and certain equipment, and (2) certain residential real property or residential rental property, substantially all of which is used in the Katrina GO Zone and is in the active conduct of a trade or business by a taxpayer in the Katrina GO Zone.
  
  
  
  Mississippi Regulation 504 provides compliance with federal provisions in determining the amount allowable as a deduction for section 179 property.
  
  &
• Allowing a five year net operating loss carryback for investments
  
  Mississippi does not allow a five year NOL carryback for investments. Mississippi statute specifically provides net operating loss carry back and carry forward periods (2 years back and 20 years forward).
  
  &
• Additional clean up / demolition expensing
  
  Mississippi follows federal provisions for the additional clean up / demolition expensing. Taxpayers are allowed to expense 50% of clean-up costs that otherwise would be required to be capitalized. Costs must be paid or incurred after August 27, 2005, and before January 1, 2008, for the removal of debris from, or the demolition of structures on, real property in the Katrina GO Zone. The property must be held by the taxpayer for use in a trade or business or for the production of income or property described in 1221 (a)(1) in the hands of the taxpayer.
  
  &
• Environmental Remediation Expensing
  
  This extends the section 198 expensing provision for two years. Taxpayers may expense some environmental remediation costs incurred in connection with qualified contaminated sites located in the Katrina GO Zone through December 31, 2007.
  
  
  
  Mississippi has a Remediation Tax Credit available to taxpayers who perform remediation activities at brownfield sites in the state. The information must be submitted to and approved by the Mississippi Department of Environmental Quality prior to submission to the Department of Revenue. The amount of the allowable credit is 25% of the remediation costs at the brownfield agreement site as approved by MDEQ. The annual credit is equal to the lesser of $40,000 or the amount of income tax imposed upon at the brownfield site for the tax year. The maximum lifetime credit is $150,000 for the brownfield site.
  
  &
• Timber Expensing / Carryback
  
  Small timber producers owning less than 500 acres will be allowed to double the expense amounts for qualified timber property. The new law also provides a five year “farming” carryback of specified timber net operating losses.
  
  
  
  Mississippi statute provides specific guidance for reforestation credit and net operating losses. Mississippi does not follow federal provisions.
  
  &
• Public Utility Casualty Losses
  
  Public utilities located in the Katrina GO Zone are eligible for a 10 year carryback on casualty losses. Mississippi does not follow this provision because of statutory limitations. For Mississippi purposes, net operating losses may be carried back two years and forward 20 years.
  
  &

The Gulf Opportunity Zone Act has several credit provisions available to taxpayers. However, Mississippi does not have statutory authority to allow the same credit provisions for state purposes.

The DOR is clarifying our earlier guidance regarding extensions for filing of tax returns and payment of tax.

Withholding tax returns and payment of the tax for the months of August and September should be remitted before October 25, 2005. Monthly returns due after this date will be due on their regularly scheduled due dates.

We will review any extension request on a case by case basis and will grant them with reasonable circumstances. Those located in Hancock, Harrison, and Jackson counties may receive an additional extension based on extenuating circumstances. For additional information, please contact our Withholding Tax Division at 601-923-7088.​​​​​​

Home Owners

Property owners who have damage to their property as a result of Hurricane Katrina may be able to reduce their 2005 property taxes that are due to be paid prior to February 1, 2006. A Mississippi law, 27-35-143(9) of the Mississippi Code, provides, in part, that the county Board of Supervisors may change, cancel or reduce an assessment when a storm has caused the property to cease to exist or when the property has depreciated in value as a result of the storm. The law also provides for the Board of Supervisors to take into consideration any insurance proceeds that will be received by the property owner as a result of damage to the property.

Persons seeking relief under this law should file an application with the Tax Assessor of his/her county as soon as insurance information is available. The law requires the application to be approved before August 28, 2006. Accompanying the application should be an affidavit indicating the amount of the loss that will be reimbursed by insurance proceeds. Such insurance proceeds are only those received to compensate for the damage to the real property (land and buildings), not monies received for damage to, or losses on personal property (furniture or other items not permanently attached to land or buildings).

Businesses only

Business owners who have suffered losses would be allowed relief as well as home owners. However, because businesses pay taxes on some personal property, the insurance proceeds from losses to personal property should be taken into account by the Board when making any adjustment to an assessment.

Mobile Homes

Mobile homes that remain personal property and were destroyed by Katrina are treated differently under the law. If your manufactured home or mobile home was totally destroyed, you may be credited for property taxes for the proportional part of the year remaining. To obtain the credit the owner must submit proof supported by three affidavits sworn to by a notary with legal authority from reputable citizens that the manufactured or mobile home was totally destroyed, and by an estimate of the salvage value remaining. No person claiming the credit will be entitled to a cash refund.​​

Mississippi follows the IRS guidelines concerning casualty losses.

Affected taxpayers in the Hurricane Katrina Presidentially Declared Disaster Area have the option of claiming disaster-related casualty losses on their income tax return for either tax year 2005 or tax year 2004. Taxpayers who have previously filed a 2004 tax return may file an amended individual income tax return (Form 80-170) to report the casualty loss.​​

Individuals may deduct property losses that are not covered by insurance or other reimbursements (FEMA) on their Schedule A Itemized Deductions. Mississippi will follow federal provisions for calculation of the casualty loss.

Affected taxpayers claiming the disaster loss on last year's return should put "Hurricane Katrina" in blue or black ink at the top of the return so that we can expedite the processing of the return.​​

The Mississippi Department of Revenue will follow the recent federal extension granted until October 16 for corporate income and franchise tax returns due on or after August 29, 2005.

Taxpayers located in the three coastal counties receive an automatic extension. Taxpayers located outside the three coastal counties may receive an extension of time to file returns and to make payments by identifying themselves as impacted. These taxpayers must write HURRICANE KATRINA in blue or black ink at the top of the return when filing.

Any disaster area taxpayer who receives a penalty notice should call 601-923-7000 to request abatement. The Department of Revenue will work with any taxpayer who resides elsewhere but whose books, records, or tax professional are located in the disaster area.

Taxpayers should file the tax return and make any related payment at the same time; please do not file the return and send a check at a later date. If making an estimated payment, please enclose the estimate payment voucher.

PREVIOUS RELEASE (June 20, 2006)

The Mississippi Department of Revenue will follow the most recent extension granted by the Internal Revenue Service. This extension provides additional time to file 2004 and 2005 individual income tax returns through October 16, 2006 for certain affected taxpayers hit hardest by Hurricane Katrina.

This extension will apply to affected taxpayers filing the following individual income tax returns only:

2004 individual income tax returns, originally due on April 15, 2005, for which taxpayers obtained an extension of time to file until October 15, 2005, and for which the previous grant of disaster relief extended the due date to August 28, 2006. 2005 individual income tax returns, originally due on April 15, 2006, for which the previous grant of disaster relief extended the due date to August 28, 2006.

The 2004 and 2005 individual income tax returns for Katrina victims are the only tax returns that are eligible for this additional time to file.

The extension automatically applies to taxpayers in Hancock, Harrison, and Jackson counties.

Taxpayers outside of the three stated counties may also receive an extension of time to file returns and make payments by identifying themselves as impacted. These taxpayers must identify themselves by writing "HURRICANE KATRINA" in blue or black ink at the top of the return when filing.

Any disaster area taxpayer who receives a penalty notice should call 601-923-7000 to request abatement. The Department of Revenue will work with any taxpayer who resides elsewhere but whose books, records or tax professional are located in the disaster area.

Taxpayers should file the tax return and make any related payment at the same time; please, do not file the return and send a check at a later date. If making an estimated payment, send the payment with the estimate voucher.

PREVIOUS RELEASE (March 16, 2006)

Mississippi is following the recent federal extension through August 28, 2006, for those taxpayers directly affected by Hurricane Katrina. This applies to any income tax (individual and corporate) return and/or payment (estimates and extensions) that had a due date or extended due date on or after August 29, 2005, and on or before August 28, 2006. The extensions are for the 2004 and 2005 tax years if the taxpayer meets the requirements for a federal extension.

The extension automatically applies to taxpayers in Hancock, Harrison, and Jackson counties.

Taxpayers outside of the three stated counties may also receive an extension of time to file returns and make payments by identifying themselves as impacted. These taxpayers must identify themselves by writing HURRICANE KATRINA in blue or black ink at the top of the return when filing.

Any disaster area taxpayer who receives a penalty notice should call 601-923-7000 to request abatement. The Department of Revenue will work with any taxpayer who resides elsewhere but whose books, records or tax professional are located in the disaster area.

Taxpayers should file the tax return and make any related payment at the same time; please, do not file the return and send a check at a later date. If making an estimated payment, send the payment with the estimate voucher.

PREVIOUS RELEASE (October 18, 2005)

The Mississippi Department of Revenue will follow federal extensions granted for those directly affected by Hurricane Katrina and cannot meet their filing and / or paying obligations. This applies to any income tax return and / or tax payment with an original or extended due date that fell on or after Aug. 29, 2005. This does not provide an extension for payments on prior liabilities. It also does not extend to those taxpayers located in presidentially declared disaster areas that are able to meet their filing and / or paying obligations.

The DOR will abate interest and any late filing or late payment penalties that would otherwise apply. This relief includes the Sept. 15 due date for estimated taxes and for calendar-year corporate returns with automatic extensions and the Oct. 17 deadline for individuals who received a second extension for filing their individual income tax returns.

Any disaster area taxpayer who receives a penalty notice should contact our office at 601-923-7000 to receive abatement. In addition, we will work with any taxpayer who resides elsewhere but whose books, records or tax professional are located in the relief area.​​​​

Proper Method to Identify Returns Filed Late

The Department of Revenue is requesting all tax returns that are filed late due to Hurricane Katrina have the words Hurricane Katrina written in blue or black ink at the top of the return. This includes returns filed under authorized extensions and returns filed late by taxpayers who have been affected by the disaster and are unable to file their return timely. Please do not write on or near the barcode found in the upper left-hand corner of the returns above the title of the form.​​​

Pursuant to Sections 27-65-33 (6) and 27-67-19, Mississippi Code of 1972, the Chairman of the Department of Revenue has authorized a 30-day extension for sales and use tax returns for affected taxpayers in the three coastal counties of Hancock, Harrison and Jackson. This extension will allow taxpayers in these counties who have been affected by Hurricane Katrina an additional time to file their August return and remit the tax. The August return and payment will be due by October 20th.

Any other taxpayers who have been affected by the storm and who are unable to file and pay their August return by September 20th should file their return as soon as possible. The Department of Revenue will work with these taxpayers on a case by case basis.​​