Advantage Jobs Incentive Program

The Mississippi Advantage Jobs Incentive Program (Advantage Jobs) provides for a cash rebate of Mississippi withholding taxes to qualified employers for a period of up to ten years. This program is designed to assist qualified companies that promise significant development of the economy of the State of Mississippi (State) through the creation of quality jobs.

To receive this incentive, interested companies must submit an application to the Mississippi Development Authority (MDA). Upon approval, an Advantage Jobs Incentive Certificate will be issued that documents the terms of the rebate program. Once the approved company has met all requirements, the Mississippi State Tax Commission (Tax Commission) must be notified to request that the qualified withholding payments be placed into a special fund. After four quarters of payment into the fund, the Tax Commission will begin to make rebate payments to the company. Payments will continue for ten years, assuming that all requirements are maintained.

Eligible Company

In order to receive benefits under the Advantage Jobs program, a company must be able to demonstrate that the creation of proposed jobs will provide a direct benefit to the State. To qualify, the company must meet the following requirements at the time an application is submitted:

• Any business except retailers and gaming establishments that create and maintain a minimum of 10 full-time jobs in a Tier Three county or 25 full-time jobs in a Tier One or Two county. Jobs that are created must have an average annual wage of 125% of the lesser of the average county or state wage;
• Data or information processing enterprises that provide an average annual wage of 100% of the county or state wage, whichever is less. The enterprise must create at least 100 new full-time jobs in a Tier Three county or 200 in a Tier One or Two county;
• Manufacturers and distributors paying an annual average wage of 110% of the county or state wage, whichever is less. The enterprise must invest at least $20,000,000 in land, buildings, and equipment. The enterprise must create at least 20 new, full-time jobs in a Tier Three county or 50 in a Tier One or Two county;
• Research and development enterprises paying 150% of the state or county wage, whichever is less. The enterprise must create at least 10 new, full-time jobs; or
• Technology intensive enterprises paying 150% of the state wage. The enterprise must create at least 10 new, full-time jobs.

• Provide, or plan to provide to any new employees, a basic health benefit plan. Such plan must be in effect within 180 days of receiving any incentives.
• Meet jobs creation and wage requirements within twenty-four (24) months of the issuance of an Advantage Jobs Incentive Certificate.
• Provide MDA with a performance agreement that outlines how the rebate will be used.

• Gaming – any gaming company that is regulated and/or subject to regulation by the State Gaming Commission cannot receive the Advantage Jobs Incentive.
• Retail – any business or industry that buys a product and resells it without changing the form of the product is considered a retail establishment. 
• Professional Services - professional establishments that provide services such as legal, medical, financial, or accounting do not qualify for this incentive.
• Telecommunications - any business that operates as commercial broadcast radio station, television station, or news organization primarily serving in-state markets is not qualified to participate on the rebate program.

1. the qualified employees’ state  personal income tax withholding; 
2. a cost/benefit analysis prepared by MDA; or
3. a legal maximum of 4%.

• 90% if the annual average wage is at least 175% of the county or state wage, whichever is less; 
• 80% if the annual average wage is at least 125% and less than 175% of the county or state wage, whichever is less; or
• 70% if the annual average wage is less than 125% of the county or state wage, whichever is less.
• If the business or industry does not maintain jobs and salary requirements at any point after the date the first payment is made, incentive payments will stop and will not resume until all requirements are again met or exceeded for one calendar quarter.

1. A formal decision to close the existing facility by the seller must have been announced by means of a notice (WARN Notice) delivered in the manner prescribed in the Workers Adjustment and Relocation Act, 29 U.S.C. Section 2101 and following. Other substantially similar formal, verifiable evidence that confirms a decision to close the existing facility may also be considered; and
2. The purchaser must provide a letter to the MDA stating that without the benefits available under and pursuant to the Advantage Jobs program, the purchaser would be unwilling to purchase the facility or assets; and
3. The equity owners of the seller may not have effective voting control, directly or indirectly, of the purchaser for a period of not less than ten (10) years, and under no circumstances may the equity owners of the seller during such period own more that twenty-five percent (25%) of the equity interest of the purchaser.