Lynch Law, PLLC

Tax, Legal & Business Advisory • Jackson, Mississippi

Mississippi Continues Income Tax Reduction: Updated Rate Schedule

Lynch Law, PLLC

Mississippi is in the midst of the most significant tax reform in the state's history. Beginning with the Mississippi Tax Freedom Act of 2022 (House Bill 531), the state has committed to a phased reduction of its individual income tax rate, with the eventual goal of eliminating the tax entirely. For business owners, executives, and high-net-worth individuals with Mississippi income, these changes have meaningful implications for entity selection, compensation planning, and long-term financial strategy.

Background: From Three Brackets to a Flat Tax

For decades, Mississippi imposed a three-bracket income tax structure: three percent on the first five thousand dollars of taxable income, four percent on income between five thousand and ten thousand dollars, and five percent on income above ten thousand dollars. In practice, the "top rate" of five percent applied to virtually all taxable income, making this effectively a flat tax with a modest low-income offset.[1]

Beginning in 2018, the state started eliminating the lowest bracket (the three percent rate on the first five thousand dollars), completing that phase-out by 2022. House Bill 531, signed into law in April 2022, then eliminated the four percent bracket entirely for tax year 2024 and beyond, and enacted a schedule of rate reductions for the remaining bracket.

The Current Rate Reduction Schedule

Under HB 531, the individual income tax rate is being reduced on the following schedule: for tax year 2023, the rate is five percent; for tax year 2024, the rate drops to four and seven-tenths percent; for tax year 2025, the rate falls to four and four-tenths percent; and for tax year 2026 and beyond, the rate is four percent.[2] These reductions apply to all taxable income above the ten-thousand-dollar threshold, which itself is effectively a zero-bracket amount (income below ten thousand dollars is not taxed).

The practical effect for a Mississippi business owner earning three hundred thousand dollars in taxable income is a reduction in state income tax from approximately fourteen thousand five hundred dollars in 2023 to approximately eleven thousand six hundred dollars in 2026 — a savings of nearly three thousand dollars annually.

The Path to Full Elimination

HB 531 included a mechanism for further reductions beyond the four percent floor, but those reductions are contingent on revenue growth targets. Specifically, additional rate cuts of one-half percent are triggered when general fund revenue exceeds the prior year's collections by a specified threshold and the state's rainy day fund is at its statutory cap. This means the pace of elimination depends on the state's fiscal performance rather than a fixed legislative schedule.[3]

If revenue growth continues at recent rates, some projections suggest the income tax could reach zero by the mid-2030s to early 2040s. Mississippi would then join a growing list of states — including neighboring Tennessee and nearby Texas and Florida — that impose no individual income tax.

Planning Considerations for Business Owners

Entity Selection and Pass-Through Income

The declining state income tax rate affects the relative attractiveness of different entity structures. For pass-through entities such as S corporations, partnerships, and LLCs taxed as partnerships, the owners' Mississippi income tax burden decreases proportionally with the rate reduction. Business owners who chose C corporation structures in part to manage state tax exposure should reassess whether that calculus still holds as the rate continues to decline.

Timing of Income Recognition

With rates declining on a known schedule, there may be planning opportunities to defer income recognition into lower-rate years. A business owner contemplating a significant asset sale, bonus, or distribution may benefit from timing the transaction to fall in a year with a lower rate. Conversely, deductions may be more valuable in the current higher-rate year.

Interaction with Federal Tax Provisions

The TCJA's ten-thousand-dollar cap on state and local tax deductions (the SALT cap) limits the federal benefit of state income tax payments. As Mississippi's rate declines, the SALT cap becomes less constraining for Mississippi taxpayers — particularly those who also pay significant property taxes. Business owners should coordinate their state and federal tax planning to maximize the net benefit of these changes.

Relocation and Multi-State Considerations

Mississippi's declining rate improves the state's competitive position for attracting businesses and high-income individuals from higher-tax states. Business owners with operations in multiple states should evaluate whether Mississippi's improving tax climate justifies restructuring operations or establishing a greater presence in the state. Conversely, Mississippi-based businesses considering expansion should factor in the state's trajectory when comparing potential locations.

What Comes Next

The 2024 rate of four and seven-tenths percent represents a meaningful reduction from the five percent rate that prevailed for decades. As the rate continues to decline through 2026 and potentially beyond, Mississippi business owners should work with their tax advisors to ensure their planning strategies account for this evolving landscape. The long-term elimination of the income tax, if it comes to fruition, would fundamentally alter the state's tax environment and create new planning opportunities that do not exist today.

References

  1. [1] Prior to 2018, Mississippi's individual income tax was codified at Miss. Code Ann. § 27-7-5 with brackets of 3%, 4%, and 5%.
  2. [2] Mississippi Tax Freedom Act of 2022, H.B. 531, 2022 Miss. Laws ch. 434, amending Miss. Code Ann. § 27-7-5.
  3. [3] H.B. 531, § 2 (providing for additional 0.5% reductions contingent on revenue growth exceeding statutory triggers and a fully funded rainy day fund).

This article is for informational purposes only and does not constitute legal advice. The facts of every situation are different, and you should consult with a qualified attorney before taking action based on the information in this article.

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