SB 365
Modifies provisions relating to taxation
Sponsor:
LR Number:
1725H.05C
Last Action:
5/13/2021 - In Conference
Journal Page:
Title:
HCS SB 365
Calendar Position:
14
Effective Date:
Emergency clause for certain sections
House Handler:

Current Bill Summary

CCS/HCS/SB 365 - This act modifies several provisions relating to taxation.

RECREATION SALES TAX

This act modifies the legal description of Bollinger and Cape Girardeau counties for the purposes of a recreation sales tax, and allows such counties to separately, rather than jointly, levy such tax. (Section 67.782)

This provision is identical to HCS/HB 805 (2021).

TRANSIENT GUEST TAXES

This act authorizes the City of Butler to submit to the voters a transient guest tax not to exceed 6.0% of the charges per occupied room per night. (Section 67.1011)

This provision is identical to a provision contained in CCS/SS/HCS/HB 66 (2021), HCS/HB 252 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021), and is substantially similar to HCS/HB 65 (2021).

This act authorizes the City of Harrisonville to submit to the voters a transient guest tax not to exceed 6.0% of the charges per occupied room per night. (Section 67.1013)

This provision is identical to HB 847 (2021) and to a provision contained in CCS/SS/HCS/HB 66 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021).

Current law authorizes certain cities to submit to the voters a transient guest tax of at least 2% but not more than 5% per occupied room per night for the purposes of the promotion of tourism. This act adds the cities of Cameron and Marceline to such list of cities. (Section 67.1360)

This provision is identical to HB 993 (2021) and to a provision contained in CCS/SS/HCS/HB 66 (2021), HCS/HB 252 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021).

Current law authorizes certain cities to submit to the voters a transient guest tax not to exceed 5% of the charges per occupied room per night for the purposes of the promotion of tourism. This act adds the City of Smithville to such list of cities. (Section 94.834)

This provision is identical to HB 1047 (2021) and to a provision contained in CCS/SS/HCS/HB 66 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021).

This act authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 2.5% of the charges per occupied room per night. Such tax shall be used solely for capital improvements that can be demonstrated to increase the number of overnight visitors.

Upon approval by the voters, the city may adopt rules and regulations for the internal collection of the tax, or may enter into an agreement with the Department of Revenue for the collection of the tax. The vote shall occur on a general election day. (Section 94.842)

This provision is identical to a provision contained in SB 47 (2021), CCS/SS/HCS/HB 66 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021), and is substantially similar to SB 387 (2019) and HB 1073 (2019), and to a provision contained in SS#2/SCS/HCS/HB 1854 (2020), HCS/SS#2/SB 704 (2020), HCS/SS/SCS/SB 570 (2020), HCS/SS/SCS/SB 594 (2020), HCS/SCS/SB 616 (2020), HCS/SCS/SB 725 (2020), SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), SCS/HB 761 (2019), and SCS/HB 1700 (2020).

This act authorizes the City of Ashland to submit to the voters a transient guest tax not to exceed 5% of the charges per occupied room per night. Such tax shall be used for the promotion of tourism, growth of the region, economic development, and public safety, as described in the act. (Section 94.1014)

This provision is identical HB 28 (2021) and to a provision contained in CCS/SS/HCS/HB 66 (2021), HCS/HB 252 (2021), HCS/HB 1274 (2021), HCS/HB 1336 (2021), and HCS/HB 1601 (2020), and is substantially similar to a provision contained in HCS/SS#2/SB 704 (2020), SCS/HB 1700 (2020), and SS#2/SCS/HCS/HB 1854 (2020).

CAPITAL IMPROVEMENT SALES TAX

Current law authorizes the City of Lamar Heights to levy a sales tax of up to 2% on retail sales of food at cafes, cafeterias, lunchrooms, or restaurants for the purpose of funding the construction, maintenance, and operation of capital improvements. This act allows such sales tax to be levied at a rate not to exceed 6% and allows the revenues to be used for general revenue purposes. (Section 94.838)

This provision is identical to HB 2180 (2020) and to a provision contained in HCS/HB 252 (2021), HCS/HB 382 (2021), HCS/HB 1274 (2021), and HCS/HB 1336 (2021), and is substantially similar to a provision contained in HCS/SS#2/SB 704 (2020), SCS/HB 1700 (2020), and SS#2/SCS/HCS/HB 1854 (2020).

URBAN FARMS TAX CREDIT

For all tax years beginning on or after January 1, 2022, this act authorizes a tax credit in an amount equal to fifty percent of a taxpayer's expenses incurred in the construction or development of an urban farm located in a food desert, as such terms are defined in the act.

The tax credit shall not exceed $1,000 for any single urban farm and shall not be transferable or refundable, but may be carried forward for three years. The total amount of tax credits authorized under this act shall not exceed $100,000 in any calendar year.

This act shall sunset after six years unless reauthorized by the General Assembly. (Section 135.1610)

This provision is identical to HB 652 (2021) and HB 720 (2021), and is substantially similar to SCS/SB 82 (2021) and HCS/HB 1586 (2020), and to a provision contained in CCS/SS/SB 22 (2021).

PROPERTY TAX LEVIES

This act requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase.

If, prior to the expiration of a temporary levy increase, voters are asked to approve an additional permanent levy increase, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent. (Section 137.073)

This provision is identical to HB 1243 (2021) and is substantially similar to SB 880 (2018) and SB 357 (2017).

TAXATION OF AIRCRAFT

Current law requires aircraft which are at least twenty-five years, used solely for noncommercial purposes, and operated less than fifty hours per year to be assessed at five percent of true value. This act changes the operating hours requirement to two hundred hours. (Section 137.115)

This provision is identical to a provision contained in CCS/HCS/SS/SCS/SBs 153 & 97 (2021), CCS/SS/HCS/HB 66 (2021), CCS/HCS/SB 226 (2021), HCS/HB 555 (2021), HCS/SB 686 (2020), HCS/SB 782 (2020), HCS/SCS/SB 867 (2020), and HCS/HB 1333 (2020), and is substantially similar to HB 1284 (2020) and HB 1205 (2019).

PERSONAL PROPERTY TAX LISTS

This act allows a county assessor, upon request of a taxpayer, to send personal property tax lists and notices in electronic form. (Section 137.280)

This provision is identical to a provision contained in CCS/SS#2/SCS/HCS/HB 271 (2021).

INCOME TAXES

Current law allows a taxpayer to deduct from his or her Missouri adjusted gross income a portion of his or her federal income taxes paid, exempting federal income tax credits received for the 2020 tax year under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act when determining the amount of federal income tax liability allowable as a deduction. This act also exempts federal income tax credits received for the 2020 tax year under the supplemental CARES Act, as well as any other federal COVID-19-related income tax credits. (Section 143.171)

Current law also requires taxpayers who itemize deductions to include any federal income tax refund amounts in his or her Missouri adjusted gross income if such taxpayer previously claimed a deduction for federal income tax liability on his or her Missouri income tax return. This act provides that any amount of any federal income tax refund attributable to COVID-19-related tax credits in the supplemental CARES ACT, as well as any other federal COVID-19-related income tax credits, shall not be included in the taxpayer's Missouri adjusted gross income. (Section 143.121)

These provisions contain an emergency clause.

This provision is identical to HB 991 (2021) and to a provision contained in CCS/HCS/SS/SCS/SBs 153 & 97 (2021) and HCS/HB 555 (2021), is substantially similar to SCS/SBs 405, 522, & 428 (2021) and HB 1039 (2021), and is similar to a provision contained in HB 913 (2021).

MO HEALTHNET REIMBURSEMENT ALLOWANCE TAXES

This act extends the sunsets from September 30, 2021, to September 30, 2022, for the Ground Ambulance, Nursing Facility, Medicaid Managed Care Organization, Hospital, Pharmacy, and Intermediate Care Facility for the Intellectually Disabled Federal Reimbursement Allowances. (Sections 190.839, 198.439, 208.437, 208.480, 338.550, and 633.401)

These provisions are substantially similar to SB 1 (2021) and HB 728 (2021).

MO HEALTHNET FAMILY PLANNING SERVICES

This act prohibits MO HealthNet coverage of any drug or device approved by the FDA that may cause the destruction of, or prevent the implantation of, an unborn child. (Section 208.152)

SOCIALLY DISADVANTAGED COMMUNITIES OUTREACH PROGRAM

This act creates the "Socially Disadvantaged Communities Outreach Program" within the Department of Agriculture. The program shall connect historically unserved and underserved urban communities with access to healthy fresh food and knowledge and skills related to food production, as described in the act.

The Department shall submit an annual report to the General Assembly detailing the number of residents who received training pursuant to the act, the number of urban farm tax credits issued pursuant to the act, and any recommendations for legislative action to improve the program. (Section 261.021)

This provision is identical to a provision contained in CCS/SS/SB 22 (2021) and HB 652 (2021), and is similar to HB 1411 (2021).

UNEMPLOYMENT AUTOMATION ADJUSTMENTS

This act provides that any employer required to make contributions under the unemployment compensation laws shall pay an annual unemployment automation adjustment equal to .015% of its total taxable wages for the twelve-month period ending the preceding June 30th. The Division of Employment Security is permitted to lower this rate under certain circumstances.

This provision shall sunset on August 28, 2022, unless reauthorized by the General Assembly. (Sections 288.132 and 288.133)

This provision is identical to SCS/SB 691 (2020), and to a provision contained in SCS/HB 1559 (2020), and is substantially similar to SB 115 (2021), HB 2072 (2020), SB 161 (2019), HB 375 (2019), and to a provision contained in HB 765 (2021) and SCS/HB 332 (2019).

QUALIFIED RESEARCH EXPENSES TAX CREDIT

A tax credit for a portion of qualified research expenses, as defined in federal law, expired on December 31, 2004. This act reauthorizes such tax credit, which shall be equal to 15% of qualified research expenses, or 20% of qualified research expenses if done in conjunction with a public or private college or university located in this state, as described in the act. Tax credits shall not be issued for any qualified research expenses that exceed 200% of the taxpayer's average qualified research expenses incurred during the three immediately preceding tax years. Tax credits issued under the act shall not be refundable, but may be carried forward for the twelve succeeding tax years, and may be transferred, sold, or assigned. A taxpayer shall not receive tax credits in excess of $300,000 in a calendar year.

This act also authorizes a sales tax exemption for the purchase of qualified research and development equipment and property, as defined in the act.

Tax credits issued under the act shall not exceed ten million dollars in any year, provided that five million dollars of such tax credits shall be reserved for minority business enterprises, women's business enterprises, and small businesses, as defined in the act.

The provisions of this act shall sunset on December 31, 2027, unless reauthorized by the General Assembly. (Section 620.1039)

This act is substantially similar to SCS/SB 545 (2021) and HB 690 (2021).

MISSOURI WORKS

Current law requires the Department of Economic Development to recapture Missouri Works benefits for a qualifying company that fails to timely file the annual report required by law. This act requires the Department to use multiple means of communication to contact a qualifying company that has failed to file a timely report, and to grant a thirty day extension to such company if requested. A failure to submit the report by the end of the extension shall result in the recapture of Missouri Works benefits for such qualifying company as provided under current law. A qualified company with an annual report due between January 1, 2020, and September 1, 2021, shall not be subject to the recapture of benefits for a failure to timely submit such annual report as long as such report is submitted by November 1, 2021. (Section 620.2020)

This provision contains an emergency clause.

This provision is identical to HCS/HBs 1339 & 1324 (2021) and is similar to SB 227 (2021).

TARGETED INDUSTRIAL MANUFACTURING ENHANCEMENT ZONES

This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

This act allows any two or more contiguous or overlapping political subdivisions, as defined in the act, to create targeted industrial manufacturing enhancement (TIME) zones for the purpose of completing infrastructure projects to promote economic development. Prior to the creation of a TIME zone, each political subdivision shall propose an ordinance or resolution that sets forth the names of the political subdivisions which will form the zone, the general nature of the proposed improvements, the estimated cost of such improvements, the boundaries of the proposed TIME zone, and the estimated number of new jobs to be created in the TIME zone. The political subdivisions shall hold a public hearing prior to approving the ordinance or resolution creating the TIME zone.

This act allows the zone board governing the TIME zone to retain twenty-five percent of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. Prior to retaining such withholding taxes, the zone board shall enter into an agreement with the Department of Economic Development. Such agreement shall specify the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The Department shall not approve an agreement unless the zone board commits to the creation of a certain number of new jobs, as described in the act.

The term of such agreement shall not exceed ten years. A zone board may apply to the Department for approval to renew any agreement. In determining whether to approve the renewal of an agreement, the Department shall consider the number of new jobs created and the average wage and net fiscal impact of such new jobs, and the outstanding improvements to be made within the TIME zone, the funding necessary to complete such improvements, and any other factor the Department requires. The Department may approve the renewal of an agreement for a period not to exceed ten years. If a zone board has not met the new job creation requirement s by the end of the agreement, the Department shall recapture the withholding taxes retained by the zone board.

The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.

No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year.

No new TIME zone shall be created after August 28, 2024. (Section 620.2250)

This provision is identical to HCS/HB 379 (2021) and to a provision contained in SCS/SB 174 (2021), HCS/SS/SCS/SB 594 (2020), HCS/SS/SCS/SB 570 (2020), HCS/SCS/SB 725 (2020), and SS#2/SCS/HCS/HB 1854 (2020), and is substantially similar to HCS/HB 1695 (2020).

JOSH NORBERG

Amendments

No Amendments Found.