Senate Committee Substitute

SCS/HCS/HBs 517 & 754 - This act modifies provisions relating to taxation.

WITHHOLDINGS TAX ON TIPS (Section 143.191)

This act specifies that for employees that earn tips, the amount of income that the employer should withhold for tax purposes shall be based on the greater of the total tips reported to the employer on the employee's written statement or the amount of tips remitted to the employee by the employer. Shared tips will be attributed to the employee who actually receives the tips. The amount that should be withheld is limited to the amount of the employee's wages in control of the employer.

This provision is similar to SB 336 (2015).

STATUTE OF LIMITATIONS ON TAX CREDITS AND REFUNDS (Section 143.801)

This act allows a taxpayer to claim a credit or refund for overpayment of income taxes after the statute of limitations for making a claim has expired if the Department of Revenue examines the taxpayer's return after such period of time has expired. The Department must notify the taxpayer of the overpayment and the taxpayer must make a claim for a credit or refund within one year of notification.

This provision is identical to SS/SCS/SB 115 (2015) and a provision in the perfected version of HB 811 (2015). This provision is similar HB 268 (2015), HB 1048 (2014), and a provision in HB 1174 (2014).

SALES TAX ON MANDATORY GRATUITY (Section 144.020)

This act exempts mandatory gratuity imposed by a restaurant from sales tax.

MIKE HAMMANN


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