SB 153
Modifies provisions relating to taxation
Sponsor:
LR Number:
0752H.11C
Committee:
Last Action:
5/7/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SS SCS SBs 153 & 97
Calendar Position:
Effective Date:
Effective dates for certain sections
House Handler:

Current Bill Summary

HCS/SS/SCS/SBs 153 & 97 - This act modifies several provisions relating to taxation.

USE TAX MAPPING

Current law requires the Department of Revenue to create and maintain a mapping feature on its website that displays various sales tax information. This act requires such mapping feature to include use tax information. Political subdivisions collecting a use tax shall send such data to the Department of Revenue by January 1, 2022, and the Department shall implement the mapping feature using the use tax data by July 1, 2022.

By July 1, 2022, the Department shall update the mapping feature to include the total sales tax rate for combined rates of overlapping sales taxes levied and the total use tax rate for combined rates of overlapping use taxes levied.

If the boundaries of a political subdivision in which a sales or use tax has been imposed shall thereafter be changed or altered, the political subdivision shall forward such changes to the Department, as described in the act. (Section 32.310)

This provision is identical to a provision contained in SB 872 (2020) and HB 2172 (2020), and is substantially similar to a provision contained in SS#2/SCS/SB 648 (2020), SB 805 (2020), SCS/HB 1700 (2020), and HB 1895 (2020).

VIDEO SERVICE PROVIDER FEES

This act modifies provisions relating to communications services offered in political subdivisions.

The act modifies the definition of "gross revenues" for provisions of law relating to video service providers.

This act prohibits the state and political subdivisions from imposing a new tax, license, or fee upon the provision of satellite or streaming video services.

Under the act, a franchise entity may collect a video service provider fee equal to not more than 5% of the gross revenues of a video service provider providing service in the geographic area of such franchise entity. The fee shall be phased out as follows:

• Beginning August 28, 2023, 4.5% of gross revenues;

• Beginning August 28, 2024, 4% of gross revenues;

• Beginning August 28, 2025, 3.5% of gross revenues;

• Beginning August 28, 2026, 3% of gross revenues; and

• Beginning August 28, 2027, and continuing thereafter, 2.5% of gross revenues.

Currently, video service providers may identify and collect the amount of the video service provider fee as a separate line item on subscriber bills. Under this act, the fee shall be identified and collected as a separate line item.

The act also creates the Task Force on the Future of Right-of-Way Management and Taxation consisting of 16 members as set forth in the act. The purpose of the Task Force is to study best methods for right-of-way management, taxation of video services, and the future revenue needs of municipalities and political subdivisions as such revenue relates to video services.

The Task Force shall compile a report of its activities for submission to the General Assembly. The report shall be submitted no later than December 31, 2023, and shall include any recommendations which the Task Force may have for legislative action. The Task Force shall expire on December 31, 2023. (Sections 67.2677 to 67.2720)

This provision is identical to SB 163 (2021) and is similar to SCS/SB 526 (2020) and HB 2091 (2020).

FIREFIGHTER CANCER BENEFITS TRUST TAX CREDIT

For all tax years beginning on or after January 1, 2022, a taxpayer making a contribution to a voluntary firefighter cancer benefits trust, created pursuant to the amendment, shall be allowed a tax credit equal to fifty percent of the amount of the contribution. Such tax credits shall not be refundable or transferred, sold, or assigned, but may be carried forward to the taxpayer's subsequent tax years. Each trust shall provide the Department of Revenue with the identity of each taxpayer making a contribution to a trust. The total amount of tax credits authorized under the act shall not exceed $4 million in any year. (Section 135.445)

This provision is substantially similar to a provision contained in HCS/HB 760 (2021).

INDIVIDUAL INCOME TAX

Current law provides for a reduction in the top rate of income tax of 0.5% phased-in over a period of years in 0.1% increments, with each cut becoming effective if net general revenue collections meet a certain trigger. This act adds two additional 0.1% reductions for a total reduction in the top rate of tax of 0.7%.

Additionally, current law requires the Department of Revenue to annually adjust the income tax brackets by the percent increase in inflation. This act repeals such provision and beginning with the 2023 calendar year, repeals all income tax brackets applies the top rate of tax to all Missouri taxable income. (Section 143.011)

For combined tax returns, current law defines the taxable income of each spouse as the proportion of such person's Missouri adjusted gross income bears to the combined adjusted gross income. For all tax years beginning on or after January 1, 2023, this act repeals such provision. (Section 143.031)

Current law provides that the Missouri standard deduction shall be the allowable federal standard deduction. For all tax years beginning on or after January 1, 2023, this act provides that the Missouri standard deduction shall be the allowable federal standard deduction plus $4,000 if filing single or married filing separately, and plus $8,000 if filing married combined. (Section 143.131)

These provisions are substantially similar to HCS/HB 1139 (2021).

USE TAX ECONOMIC NEXUS

This act modifies the definition of "engaging in business activities within this state" to include vendors that had cumulative gross receipts of at least $100,000 from the sale of tangible personal property for the purpose of storage, use, or consumption in this state in the previous twelve-month period, as described in the act. Vendors meeting such criteria shall be required to collect and remit the use tax as provided under current law.

This provision is identical to a provision contained in SS#2/SCS/SB 648 (2020), SCS/SB 529 (2020), and SCS/HB 1700 (2020), and is substantially similar to a provision contained in SB 659 (2020), SB 805 (2020), SB 872 (2020), HCS#2/HB 1957 (2020), HB 1967 (2020), HB 2172 (2020), and HB 2238 (2020).

Any vendor meeting the definition of "engaging in business activities within this state" shall not be required to collect and remit any local use tax that was enacted prior to January 1, 2023, unless the vendor was or would have been required to collect and remit such tax prior to this act's effective date, or if a majority of voters in the political subdivision have approved an expansion of the local use tax after January 1, 2023. A vendor meeting the definition of "engaging in business activities within this state" shall be subject to any local use tax enacted on or after January 1, 2023. (Section 144.605)

MARKETPLACE FACILITATORS

Beginning January 1, 2023, marketplace facilitators, as defined in the act, that engage in business activities within the state shall register with the Department to collect and remit use tax on sales delivered into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the act. Such retail sales shall include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.

Marketplace facilitators shall report and remit use tax collected under this act as determined by the Department. Marketplace facilitators properly collecting and remitting use tax in a timely manner shall be eligible for any discount provided for under current law.

Marketplace facilitators shall provide purchasers with a statement or invoice showing that the use tax was collected and shall be remitted on the purchaser's behalf.

No class action shall be brought against a marketplace facilitator in any court in this state on behalf of purchasers arising from or in any way related to an overpayment of sales or use tax collected on retail sales facilitated by a marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim.

This provision is substantially similar to a provision contained in SS#2/SCS/SB 648 (2020), SCS/SB 529 (2020), SB 659 (2020), SB 805 (2020), SB 872 (2020), SCS/HB 1700 (2020), HCS#2/HB 1957 (2020), HB 2172 (2020), HB 2238 (2020), and SCS/SBs 46 & 50 (2019).

SALES TAX ADMINISTRATION

This act authorizes the Department of Revenue to consult, contract, and work jointly with the Streamlined Sales and Use Tax Agreement's Governing Board to allow sellers to use the Governing Board's certified service providers and central registration system services, or to consult, contract, and work with certified service providers independently. The Department may determine the method and amount of compensation to be provided to certified service providers. The act also authorizes the Department to independently take such actions as may be reasonably necessary to secure the payment of and account for the tax collected and remitted by retailers and vendors under the act.

This provision shall expire on January 1, 2028, unless reauthorized by the General Assembly. (Section 144.608)

This provision is identical to a provision contained in SCS/HB 1700 (2020).

The school and Show Me Green sales tax holidays are modified by repealing the ability for political subdivisions to opt out of the sales tax holidays, and by defining how the sales tax exemption applies to the purchase or return of certain items. (Sections 144.049 and 144.526)

These provisions are substantially similar to provisions contained in SB 659 (2020), HB 2238 (2020), HB 1967 (2020), and SS/SCS/SBs 46 & 50 (2019).

The Director shall provide and maintain downloadable electronic databases at no cost to the user of the databases for taxing jurisdiction boundary changes, tax rates, and a taxability matrix detailing taxable property and services. Sellers and certified service providers (CSP) will be relieved from liability if they fail to properly collect tax based upon information provided by the Department. Certified service providers, sellers, and marketplace facilitators may utilize proprietary data, provided the Director certifies that such data meets the standards provided for under the act.

This act relieves a purchaser from any penalties for failure to pay the proper amount of sales tax if the error was a result of erroneous information provided by the Director of Revenue. (Sections 144.637 and 144.638)

This provision is substantially similar to a provision contained in SCS/SB 529 (2020), SB 659 (2020), SB 805 (2020), SB 872 (2020), SCS/HB 1700 (2020), HB 1895 (2020), HCS#2/HB 1957 (2020), and HB 2172 (2020).

Monetary allowances from taxes collected shall be provided to certain sellers and certified service providers for collecting and remitting state and local taxes, as described in the act. (Section 144.140)

LOCAL USE TAXES

This act modifies ballot language required for the submission of a local use tax to voters by repealing ballot language specific to St. Louis County and its municipalities and the City of St. Louis, and making requiring the ballot language in all municipalities identical.

This act allows any county or municipality with an existing local use tax enacted prior to January 1, 2023, to keep such existing local use tax. If any such county or municipality subsequently places a use tax measure on the ballot and the measure fails to pass, the use tax enacted prior to January 1, 2023, shall remain in effect until it expires or is repealed, reduced, or raised by a future ballot measure. If any such county or municipality places the use tax measure of this section and the measure passes, the use tax authorized by the act shall replace the previously enacted use tax.

This act prohibits a local use tax from being described as a new tax, described as not being a new tax, and being advertised or promoted in a manner in violation of current law. (Section 144.757)

This provision is substantially similar to HB 1584 (2020) and to a provision contained in SS#2/SCS/SB 648 (2020), SB 659 (2020), HCS/SS#2/SB 704 (2020), SCS/SB 770 (2020), SB 805 (2020), SB 872 (2020), SCS/HB 1700 (2020), SS#2/SCS/HCS/HB 1854 (2020), HB 1895 (2020), HB 2172 (2020), HB 2238 (2020), SCS/SB 189 (2019), SS/SCS/SBs 46 & 50 (2019), SS/HCS/HB 255 (2019), SCS/HCS/HB 674 (2019), and HB 701 (2019), and is similar to a provision contained in HCS#2/HB 1957 (2020).

This act provides that the portion of the local use tax imposed by St. Louis County shall be distributed to the cities, towns, villages, and unincorporated areas of the county on the ratio of the population that each such city, town, village, and unincorporated area bears to the total population of the county. (Section 144.759)

This provision is identical to a provision contained in SCS/HB 1700 (2020).

VOLUNTARY FIREFIGHTER CANCER BENEFITS TRUST

This act allows for the creation of a Voluntary Firefighter Cancer Benefits Trust for the payment of benefits to certain firefighters. Under the act, any municipality, association, fire protection district, or special district that employs one or more firefighters who meet certain qualifications may make contributions to a Voluntary Firefighter Cancer Benefits Trust. The board of trustees of any trust created for the purposes of this act is subject to the Sunshine Law. The trust is then required to make payments to covered individuals, as defined in the act, based upon the type of cancer with which the covered individual was diagnosed. The maximum amount that may be paid out from the trust for a particular cancer diagnosis in a covered individual is $249,000. Benefits may be reduced by 25% if the covered individual used a tobacco product within the 5 years immediately preceding the cancer diagnosis.

Any trust created for the purposes of this act may accept or apply for grants or donations from any private or public source. Furthermore, any such trust may apply for grants from the state fire marshal.

This provision is substantially similar to SB 45 (2021).

EFFECTIVE DATE

The provisions of this act relating to sales tax administration, use taxes, and income taxes shall become effective January 1, 2023.

The remaining provisions shall become effective August 28, 2021.

This act is similar to HB 554 (2021) and SS#2/SCS/SB 648 (2020).

JOSH NORBERG