Missouri tax credit tracking system
| Submitted | June 29, 2017 |
| Est. Completion | None |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the Missouri Sunshine Law and the Missouri Public Records Law, I hereby request the following records:
1) A copy of the database used by the Department of Revenue and other administering agencies to track the “amount of tax credits authorized, issued, and redeemed,” pursuant to MRS Section 135.825.1.
The following statutes should also be taken into consideration:
MRS 135.630.2(9): Which explicitly, and redundantly permits “The disclosure to the public of any information, or facts shown thereby regarding the claiming of a state tax credit by a member of the Missouri general assembly or any statewide elected public official.”
MRS 135.805.14: “Notwithstanding provisions of law to the contrary, every agency of this state charged with administering a tax credit program authorized under the laws of this state shall make available for public inspection the name of each tax credit recipient and the amount of tax credits issued to each such recipient.”
MRS 135.805.15: “The department of economic development shall make all information provided under the provisions of this section available for public inspection on the department's website and the Missouri accountability portal.”
I ask that all fees be waived for this request as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Todd Feathers
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 29, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Buechter, Michelle
Mr. Feather
Please see attached letter in response to your Sunshine Law Request, a link to the website is attached. https://mapyourtaxes.mo.gov/MAP/TaxCredits/.
Thank You
Michelle Buechter
Missouri Department of Revenue
General Counsel's Office
Senior Office Support Assistant
(573)751-5847
CONFIDENTIALITY STATEMENT:
This electronic transmission may contain information that is confidential, privileged, and prohibited from disclosure and unauthorized use pursuant to applicable law. If you are the intended recipient of this transmission, be advised that its use is restricted by law and for the purpose stated herein. If you are not the intended recipient of this transmission, take notice that any viewing, use, dissemination, or copying of the information transmitted herewith is strictly prohibited. If you have received this transmission in error, please return it to the sender and delete all copies from your system.
From: Todd Feathers
Mr. Follett,
The statue I referenced, and have provided a link to below, states that the Department of Revenue must maintain a system for tracking tax credits. The public website contains some of this information, but MRS 135.825 specifically says the database will track who is redeeming the tax credit, something the website does not do.
When I asked for a copy of the database I was referring to a spreadsheet containing all the data in the database.
Link to MRS 135.825: http://revisor.mo.gov/main/OneSection.aspx?section=135.825&bid=6566&hl=
Thank you,
Todd Feathers
From: Follett, Daniel
Mr. Feathers, the database you reference contains confidential tax information which is closed under §32.057. The information which is open to the public is available under the accountability portal which I sent to you earlier. I am also providing you with a link to various aggregate reports which you may find helpful. http://dor.mo.gov/publicreports/
Daniel W. Follett
Managing Counsel
Missouri Department of Revenue
301 West High Street
Room 670
Jefferson City, MO 65101
P:573-751-9568
F: 573-751-7151
ATTORNEY/CLIENT PRIVILEGED COMMUNICATION: This document contains privileged Attorney/Client Communication and/or Attorney Work Product protected from discovery and should not be disclosed except as specifically authorized in the preparation or disposition of this matter. If you are the intended recipient of this transmission, be advised that its use is restricted by law and for the purpose stated herein. If you are not the intended recipient of this transmission, take notice that any reviewing, use, dissemination, or copying of the information transmitted herewith is strictly prohibited. If you have received this transmission in error, please return it to the sender and delete all copies from your system.
From: Todd Feathers
Mr. Follett,
Generally speaking, what information in the database is confidential under 32.057?
Todd
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 29, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Follett, Daniel
Mr. Feathers,
Our system would include SSNs, addresses, FEINs, tax status (whether they are current in payments), redemption and transfer information. My understanding is that you would also be able to determine income levels in some cases. As I have said before, the information that is public is on the website which I sent you earlier.
Daniel W. Follett
Managing Counsel
Missouri Department of Revenue
301 West High Street
Room 670
Jefferson City, MO 65101
P:573-751-9568
F: 573-751-7151
ATTORNEY/CLIENT PRIVILEGED COMMUNICATION: This document contains privileged Attorney/Client Communication and/or Attorney Work Product protected from discovery and should not be disclosed except as specifically authorized in the preparation or disposition of this matter. If you are the intended recipient of this transmission, be advised that its use is restricted by law and for the purpose stated herein. If you are not the intended recipient of this transmission, take notice that any reviewing, use, dissemination, or copying of the information transmitted herewith is strictly prohibited. If you have received this transmission in error, please return it to the sender and delete all copies from your system.
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