Albatross · Data Catalog

Mississippi

MS · state · 17 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES: residency = place of administration (Form 81-100 instructions); a NV-administered ING is a nonresident trust and retained intangible gain is not MS-source. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed
sources (3)
Miss. Code Ann. 27-7-5, 27-7-27; MS DOR Form 81-100 Fiduciary instructions (Rev. 06/25), Definitions and Who Must File · high confidence · as of 2026-07-13 · TY 2026
Mississippi trust residency is the place of administration; nonresident trusts owe nothing on retained intangible gain
A resident trust is any trust which is administered by the trustee in Mississippi. A trust being administered outside of Mississippi shall not be considered a resident trust merely because the governing instrument or a law requires that the laws of Mississippi be followed with respect to interpretation or administration of the trust. All other trusts are non-resident trusts.
Note: Same instructions: for a nonresident trust, 'gains from the sale or exchange of intangible personal property' are not Mississippi-source unless part of an in-state business. No NY/CA-style ING deemed-grantor statute exists in ch. 27-7. Caveats: the gain must stay undistributed and the trustee/administration must stay outside Mississippi.
https://www.dor.ms.gov/sites/default/files/tax-forms/individual/81100251%201.pdf
IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026
IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c).
Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelim
IRC §665(c) · high confidence · as of 2026-07-13 · TY 2026
IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust
(1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.
Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim
estate-noneEstate and inheritance taxNone
sources (1)
Mississippi Department of Revenue, Estate page · high confidence · as of 2026-07-02 · TY 2025
No Mississippi estate tax return for deaths on or after Jan 1 2005; no inheritance or gift tax
Therefore, as of January 1, 2005, no estate tax return is required for decedents dying on or after January 1, 2005 for the State of Mississippi. Mississippi does not have an inheritance tax nor a gift tax.
Note: dor.ms.gov serves an incomplete TLS chain; fetched via curl -k. Page cites Miss. Code Ann. tit. 27 ch. 9.
https://www.dor.ms.gov/business/estate
rateTop income tax rate (TY2025)0% first $10,000 per spouse, then 4.4% flat (4.0% TY2026 → 3.0% TY2030)
sources (1)
Mississippi Department of Revenue, Individual Income Tax Rates · medium confidence · as of 2026-06-10 · TY 2025
Mississippi income tax: 0% to $10,000 then 4.4% flat (TY2025), declining to 3.0% by TY2030
For taxable years beginning on or after January 1, 2025, a tax is imposed upon the Mississippi taxable income of every individual at the rate of zero percent on the first $10,000 of income and 4.4 percent on income in excess of $10,000.
Note: The $10,000 zero bracket applies per-spouse on a combined return: two spouses each exempt $10,000 = $20,000 combined. Rate schedule: 4.4% (TY2025) → 4.0% (TY2026) → 3.0% (TY2030). Mississippi uses federal §1222 netting and $3,000 annual limit per form instructions (statute carryforward mechanics sourced from instructions, MEDIUM).
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions
rateTop income tax rate (TY2026)0% first $10,000 per spouse, then 4.0% flat (3.75% TY2027 stepping to 3.0% TY2030)
sources (1)
Miss. Code Ann. §27-7-5 as amended by HB 1 (2025 Regular Session), the Build Up Mississippi Act · high confidence · as of 2026-07-12 · TY 2026
Mississippi income tax rate falls to 4.0% for calendar year 2026, then steps down annually toward 3.0%
3. For calendar year 2026 * * * and all calendar years thereafter , on such taxable income, the rate shall be four percent (4%) * * * . ; 4. For calendar year 2027, on such taxable income, the rate shall be three and three-quarters percent (3.75%);
Note: Verbatim from the As-Sent-to-Governor enrolled text; the '* * *' markers are the bill's strike/insert notation (HB 1 strikes 'and all calendar years thereafter' from the 2026 item and appends the 2027-2030 step-downs: 3.75% 2027, 3.5% 2028, 3.25% 2029, 3.0% 2030, with further reductions subject to growth triggers). Signed March 27, 2025. The 0% bracket on the first $10,000 of taxable income is unchanged.
https://billstatus.ls.state.ms.us/documents/2025/html/HB/0001-0099/HB0001SG.htm
conformityLoss carryforwardSubstantially conforms to federal §1211/§1212 per form instructions ($3,000 limit + carryforward)
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: Miss. Code Ann. §27-7-15 exempts interest on Mississippi state and local obligations
sources (1)
Mississippi Department of Revenue, Form 80-100 Instructions · medium confidence · as of 2026-06-18 · TY 2025
MS exempts MS-issued bonds; out-of-state muni bond interest is taxable per Miss. Code Ann. §27-7-15
Interest income from obligations of the U.S. Government, the State of Mississippi and subdivisions thereof is exempt from Mississippi income tax. Interest on obligations of other countries, states, cities, or political subdivisions outside of Mississippi is taxable.
https://dor.ms.gov/sites/default/files/tax-forms/individual/80100241.pdf
muni-outstateOut-of-state muni bond interestTaxable: Miss. Code Ann. §27-7-15: 'interest on obligations of other ... states ... outside of Mississippi is taxable'
sources (1)
Mississippi Department of Revenue, Form 80-100 Instructions · medium confidence · as of 2026-06-18 · TY 2025
MS exempts MS-issued bonds; out-of-state muni bond interest is taxable per Miss. Code Ann. §27-7-15
Interest income from obligations of the U.S. Government, the State of Mississippi and subdivisions thereof is exempt from Mississippi income tax. Interest on obligations of other countries, states, cities, or political subdivisions outside of Mississippi is taxable.
https://dor.ms.gov/sites/default/files/tax-forms/individual/80100241.pdf
qoz-conformityQOZ conformity (IRC §1400Z-2)Non-conforms to IRC §1400Z-2; QOZ gain deferral not recognized, gain taxable at state level
sources (1)
Miss. Code Ann. §27-7-9 (full text via SB2966, 2023, the most recent bring-forward on the Legislature's official bill system) · medium confidence · as of 2026-07-03 · TY 2025
Mississippi does not conform to IRC §1400Z-2 QOZ gain deferral and exclusion (§27-7-9 has no QOZ provision; every conformity bill died in committee)
SECTION 1. Section 27-7-9, Mississippi Code of 1972, is amended as follows: 27-7-9. (a) Except as provided in Sections 27-7-95 through 27-7-103, determination of amount of gain or loss
Note: Mississippi employs piecemeal federal conformity; the full §27-7-9 text (reproduced in SB2966, 2023) contains zero occurrences of 'opportunity' or '1400Z', so QOF gain deferrals are not recognized and the gain is taxable in the year of the federal election. In-state-only conformity was proposed and died three times: HB1704 (2019, died in committee 02/27), HB133 (2022, died 02/23), HB1996 (2026, died 02/25), all per billstatus.ls.state.ms.us. The codified code itself is hosted behind LexisNexis, so the bring-forward bill text is the closest fetchable official source.
https://billstatus.ls.state.ms.us/documents/2023/html/SB/2900-2999/SB2966IN.htm
qsbs-conformityQSBS conformity (IRC §1202)Non-conforms to IRC §1202; QSBS gain exclusion not recognized, gain fully taxable at state level
sources (1)
Mississippi Department of Revenue, Individual Income Tax Frequently Asked Questions · medium confidence · as of 2026-07-03 · TY 2025
Mississippi does not conform to IRC §1202 QSBS gain exclusion
Long-term capital gains are considered taxable income; however, Mississippi exempts the gain from the sale of authorized shares in financial institutions domiciled in Mississippi.
Note: The Mississippi DOR FAQ states long-term capital gains are taxable income, with the sole gain exemption being shares in Mississippi-domiciled financial institutions. No IRC §1202 QSBS exclusion appears: Mississippi uses piecemeal federal conformity and neither §27-7-5 nor §27-7-9 adopts §1202, so federally excluded QSBS gain is fully taxable. The codified statute sits behind LexisNexis, so the DOR FAQ is the quotable primary source.
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions
agency-obligationsFNMA/FHLMC bond interestTaxable: Miss. Code Ann. §27-7-15 subtraction requires interest be 'exempt from state income taxes under the laws of the United States'; FNMA/FHLMC have no federal bondholder exemption statute
sources (1)
Mississippi Department of Revenue, Credits and Exemptions · medium confidence · as of 2026-06-20 · TY 2025
Mississippi subtraction for U.S. obligation interest requires exemption from state income taxation under federal law; FNMA and FHLMC have no such federal bondholder exemption
There shall be excluded from gross income: interest received on obligations of the United States or its possessions, or of any authority, commission, or instrumentality of the United States, to the extent the interest is exempt from state income taxes under the laws of the United States.
Note: Miss. Code Ann. §27-7-15 requires the interest be 'exempt from state income taxes under the laws of the United States.' FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) have no bondholder exemption statute. Mississippi uses piecemeal IRC conformity; no MS DOR named-entity publication found for FNMA/FHLMC. URL points to MS DOR exemptions page; direct §27-7-15 permalink at mslegislature.gov was inaccessible during research.
https://www.dor.ms.gov/individual
dividend-qualifiedQualified dividend rate (IRC §1(h)(11))Ordinary rate: Mississippi uses piecemeal IRC conformity and has not adopted IRC §1(h)(11); qualified dividends taxed at the ordinary rate (0% to $10,000 then 4.4% flat, TY2025)
sources (1)
Mississippi Department of Revenue, Individual Income Tax Rates · medium confidence · as of 2026-06-10 · TY 2025
Mississippi income tax: 0% to $10,000 then 4.4% flat (TY2025), declining to 3.0% by TY2030
For taxable years beginning on or after January 1, 2025, a tax is imposed upon the Mississippi taxable income of every individual at the rate of zero percent on the first $10,000 of income and 4.4 percent on income in excess of $10,000.
Note: The $10,000 zero bracket applies per-spouse on a combined return: two spouses each exempt $10,000 = $20,000 combined. Rate schedule: 4.4% (TY2025) → 4.0% (TY2026) → 3.0% (TY2030). Mississippi uses federal §1222 netting and $3,000 annual limit per form instructions (statute carryforward mechanics sourced from instructions, MEDIUM).
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Mississippi income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Mississippi income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 4.4% rate (Miss. Code §27-7-5)
sources (1)
Mississippi Department of Revenue, Individual Income Tax Rates · medium confidence · as of 2026-06-10 · TY 2025
Mississippi income tax: 0% to $10,000 then 4.4% flat (TY2025), declining to 3.0% by TY2030
For taxable years beginning on or after January 1, 2025, a tax is imposed upon the Mississippi taxable income of every individual at the rate of zero percent on the first $10,000 of income and 4.4 percent on income in excess of $10,000.
Note: The $10,000 zero bracket applies per-spouse on a combined return: two spouses each exempt $10,000 = $20,000 combined. Rate schedule: 4.4% (TY2025) → 4.0% (TY2026) → 3.0% (TY2030). Mississippi uses federal §1222 netting and $3,000 annual limit per form instructions (statute carryforward mechanics sourced from instructions, MEDIUM).
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions
filing-status-flatFiling status irrelevant: flat rate stateYes: Mississippi income tax is 0% on the first $10,000 then 4.4% flat (TY2025) on all filers; the nominal rate above the zero bracket does not vary by filing status (Miss. Code Ann. §27-7-5). The $10,000 zero bracket applies per-spouse on a combined return.
sources (1)
Mississippi Department of Revenue, Individual Income Tax Rates · medium confidence · as of 2026-06-10 · TY 2025
Mississippi income tax: 0% to $10,000 then 4.4% flat (TY2025), declining to 3.0% by TY2030
For taxable years beginning on or after January 1, 2025, a tax is imposed upon the Mississippi taxable income of every individual at the rate of zero percent on the first $10,000 of income and 4.4 percent on income in excess of $10,000.
Note: The $10,000 zero bracket applies per-spouse on a combined return: two spouses each exempt $10,000 = $20,000 combined. Rate schedule: 4.4% (TY2025) → 4.0% (TY2026) → 3.0% (TY2030). Mississippi uses federal §1222 netting and $3,000 annual limit per form instructions (statute carryforward mechanics sourced from instructions, MEDIUM).
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions
migration-loss-conformityMigration loss carryforward conformityFull conform (structural inference): Mississippi computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward.
sources (1)
Mississippi Department of Revenue, Individual Income Tax Frequently Asked Questions · medium confidence · as of 2026-07-03 · TY 2025
Mississippi conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference
Mississippi generally follows the federal rules governing capital losses. Capital losses are limited to $3,000 per year.
Note: The Mississippi DOR FAQ states Mississippi generally follows the federal rules governing capital losses, so the federal section 1212 capital-loss base carries through. No published guidance addresses the imported pre-residency carryforward; that piece stays a structural inference.
https://www.dor.ms.gov/individual/individual-income-tax-frequently-asked-questions