SCS/HCS/HB 2048 - This act prohibits the certification of ad valorem tax rates, other than rates necessary to pay principal and interest on outstanding bonds, for political subdivisions located at least partially within charter counties or the City of St. Louis which do not fix their tax rates on or before October first of each year. The act also prohibits the certification of ad valorem property tax rates, other than rates necessary to pay principal and interest on outstanding bonds, for all other political subdivisions which fail to certify their tax rate on or before September first. The act requires the determination of projected tax liability to be made only in odd numbered years. The act allows real property owners in Caldwell, Clinton, Daviess, and DeKalb counties to seek voter approval for the creation of exhibition center and recreational facility districts. If such a district is created, it may seek voter approval for the imposition of a one-quarter of one percent sales tax, for a period not to exceed twenty-five years, to fund the district.
This act provides that sales for resale will not be subject to sales tax provided such subsequent sale is taxed in this or another state, for resale, or exempt from tax. Two exceptions to the general rule are created for charges for admission or seating accommodations at places of amusement, entertainment, or recreation, and for charges for rooms, meals, and drinks. In the case of the two exceptions, such places must remit tax on the gross receipts received by such operators, and subsequent sales will not be subject to tax if they are an arms length transaction for fair market value with an unaffiliated entity.
The act authorizes a state and local sales tax exemption for gratuities, whether mandatory or voluntary, provided with the receipt of property or services. Amounts charged by travel agents or an intermediary will be exempt from all local hotel or motel transient guest taxes and occupancy taxes.
The act repeals provisions of law requiring the department of health and senior services to process claims submitted by health care providers and allow setoffs of income tax refunds to satisfy outstanding debts owed by taxpayers.
The act contains an emergency clause for the sections of the bill regarding sales for resale, the taxation of amounts charged by travel agents, and the local sales tax exemption for gratuities.
This act contains provisions which are identical to those contained in the Perfected Version of SS/SB 928 (2010), Senate Bill 860 (2010) and the introduced verison of Senate Bill 700 (2010).
JASON ZAMKUS