Missouri Senate

House Committee Substitute

FIRE SPRINKLERS (67.281)

Currently, builders of one and two family homes must offer the purchaser an option to have fire sprinklers installed. This provision is set to expire December 31, 2019. This act removes the expiration date.

RECREATION AND COMMUNITY CENTER DISTRICT (67.585)

This act authorizes the creation of a Recreation and Community Center District in an area encompassed by Liberty School District. Such district may impose a sales tax of up to one-half percent on sales in the district. The sales tax must be approved by a majority of the inhabitants of the district voting on the question. Revenues derived from the sales tax may only be used for construction and maintenance of a community center and for other recreation and wellness purposes. The sales tax may not be repealed until after any bonds secured by the tax have been retired. The sales tax may only be repealed if a two-thirds majority of the inhabitants of the district voting on the question vote for repeal.

This provision is similar to HB 2192 (2014)

PERRY COUNTY TRANSIENT GUEST TAX (67.1367)

This act authorizes Perry County to impose a transient guest tax of up to 6% per room per night. The tax must be approved by the voters of the county before becoming effective. Proceeds from the tax may only be used for the promotion of tourism.

This provision is similar to SB 896 (2014), HB 1909 (2014), and a provision in HCS/HB 2112 (2014).

TAX INCREMENT FINANCING (99.845)

Currently, fifty percent of additional revenue generated by taxes and attributable to economic activities in a redevelopment area utilizing tax increment financing are to be deposited into the special allocation fund for the TIF project. Certain taxes are exempt from this deposit requirement. This amendment adds sales taxes imposed to pay for capital improvements as part of emergency communications systems to the list of exemptions, but only for projects adopted after August 28, 2013. This provision is identical to HB 1504 (2014).

PUBLIC FINANCIAL INCENTIVES (135.980)

This act prohibits political subdivision from imposing restrictions by ballot measure on public financial incentives authorized by statute. This provision is similar to a provision contained in HCS/SCS/SB 672 (2014).

PROPERTY TAX EXEMPTIONS (137.100)

This act specifies that homes for the aged that are operated by a tax exempt organization are exempt from property taxes. This provision is identical to HB 2035 (2014).

DIVISION OF CORPORATE INCOME FOR TAX PURPOSES (143.451)

Currently, in determining what portion of a corporation's income is taxable in Missouri, the business may use a method whereby the ratio of instate sales to total sales is multiplied by the net income. A method for determining whether sales of tangible property are to be considered instate is already established in current law. This act specifies a process for all other sales.

For sales of real property or rentals of tangible personal property, the portion of the property sold or rented that is located in this state will be considered an instate sale. For sales of service, the portion of the benefits delivered to purchasers in this state will be considered an instate sale.

For rentals or licenses of intangible property, the portion used in this state by the rentee or licensee will be considered an instate sale. Intangible property used for marketing will be considered used in this state if the good or service being marketed is purchased by a consumer in this state. Franchise fees or royalties for intangible property are considered used in this state if the franchise is located in this state.

For sales of intangible property, the portion of the sale used in this state will be considered an instate sale. If the sale is for the right to conduct business activity in a certain geographic area, the sale will be instate if the geographic area is in this state. If receipts for sales of intangible property are dependent on use or productivity, such sale shall be considered a lease or rental of intangible property. All sales of intangible property other than the right to conduct business in a specific area or sales with receipts contingent on productivity or use will be excluded from the sales factor when determining corporate income tax.

If it can not be determined or reasonably approximated that a sale occurs in this state, such sale shall excluded from the sales factor for corporate income taxation.

This provision is similar to HB 2215 (2014).

SALES TAX EXEMPTION FOR COMMERCIAL LAUNDRIES (144.030)

This act creates a sales and use tax exemption for material, machinery, and energy used by commercial laundries in treating or cleaning textiles.

SALES TAX EXEMPTION FOR USED MOTOR VEHICLES (144.030)

This act exempts from sales tax the titling of motor vehicles which have a model year of at least ten years prior to the year in which the motor vehicle is being titled. This exemption does not apply to motor vehicles with a sales price of more than $15,000. This provision is similar to HB 1387 (2014).

SALES TAX EXEMPTION ON RIGHT OF FIRST REFUSAL (144.1030)

This act creates a sales tax exemption on right of first refusal for tickets at the Sprint Center in Kansas City.

SPECULATIVE ACCUMULATION OF ASPHALT SHINGLES (407.1610)

This act makes it a violation of the Merchandising Practices Act to accumulate asphalt shingles without showing that at least 75% of the material will be recycled for other use in a calendar year. This provision is similar to a provision contained in HCS/SCS/SB 672 (2014).

MIKE HAMMANN