EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 458 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHNELTING. 1405S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 143.011, 143.021, and 143.171, RSMo, and to enact in lieu thereof three new sections relating to income taxes. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 143.011, 143.021, and 143.171, RSMo, 1 are repealed and three new sections enacted in lieu thereof, to 2 be known as sections 143.011, 143.021, and 143.171, to read as 3 follows:4 143.011. 1. For all tax years beginning on or before 1 December 31, 2025, a tax is hereby imposed for every taxable 2 year on the Missouri taxable income of every resident. The 3 tax shall be determined by applying the tax table or the 4 rate provided in section 143.021, which is based upon the 5 following rates: 6 7 8 If the Missouri taxable income is: The tax is: 9 10 Not over $1,000.00 1 1/2% of the Missouri taxable income 11 12 Over $1,000 but not over $2,000 $15 plus 2% of excess over $1,000 13 14 Over $2,000 but not over $3,000 $35 plus 2 1/2% of excess over $2,000 SB 458 2 2. (1) Notwithstanding the provisions of subsection 1 29 of this section to the contrary, beginning with the 2023 30 calendar year, but ending on or before December 31, 2025, 31 the top rate of tax pursuant to subsection 1 of this section 32 shall be four and ninety-five hundredths percent. 33 (2) The modification of tax rates made pursuant to 34 this subsection shall apply only to tax years that begin on 35 or after January 1, 2023, but before January 1, 2026. 36 (3) The director of the department of revenue shall, 37 by rule, adjust the tax table provided in subsection 1 of 38 this section to effectuate the provisions of this 39 subsection. The top remaining rate of tax shall apply to 40 all income in excess of seven thousand dollars, as adjusted 41 pursuant to subsection 5 of this section. 42 3. (1) [In addition to the rate reduction under 43 subsection 2 of this section, beginning with the 2024 44 15 16 Over $3,000 but not over $4,000 $60 plus 3% of excess over $3,000 17 18 Over $4,000 but not over $5,000 $90 plus 3 1/2% of excess over $4,000 19 20 Over $5,000 but not over $6,000 $125 plus 4% of excess over $5,000 21 22 Over $6,000 but not over $7,000 $165 plus 4 1/2% of excess over $6,000 23 24 Over $7,000 but not over $8,000 $210 plus 5% of excess over $7,000 25 26 Over $8,000 but not over $9,000 $260 plus 5 1/2% of excess over $8,000 27 28 Over $9,000 $315 plus 6% of excess over $9,000 SB 458 3 calendar year, the top rate of tax under subsection 1 of 45 this section may be reduced by fifteen hundredths of a 46 percent. A reduction in the rate of tax shall take effect 47 on January first of a calendar year and such reduced rates 48 shall continue in effect until the next reduction occurs. 49 (2) A reduction in the rate of tax shall only occur if 50 the amount of net general revenue collected in the previous 51 fiscal year exceeds the highest amount of net general 52 revenue collected in any of the three fiscal years prior to 53 such fiscal year by at least one hundred seventy-five 54 million dollars. 55 (3) Any modification of tax rates under this 56 subsection shall only apply to tax years that begin on or 57 after a modification takes effect. 58 (4) The director of the department of revenue shall, 59 by rule, adjust the tax tables under subsection 1 of this 60 section to effectuate the provisions of this subsection. 61 4. (1) In addition to the rate reductions under 62 subsections 2 and 3 of this section, beginning with the 63 calendar year immediately following the calendar year in 64 which a reduction is made pursuant to subsection 3 of this 65 section, the top rate of tax under subsection 1 of this 66 section may be further reduced over a period of years. Each 67 reduction in the top rate of tax shall be by one-tenth of a 68 percent and no more than one reduction shall occur in a 69 calendar year. No more than three reductions shall be made 70 under this subsection. Reductions in the rate of tax shall 71 take effect on January first of a calendar year and such 72 reduced rates shall continue in effect until the next 73 reduction occurs. 74 (2) (a) A reduction in the rate of tax shall only 75 occur if: 76 SB 458 4 a. The amount of net general revenue collected in the 77 previous fiscal year exceeds the highest amount of net 78 general revenue collected in any of the three fiscal years 79 prior to such fiscal year by at least two hundred million 80 dollars; and 81 b. The amount of net general revenue collected in the 82 previous fiscal year exceeds the amount of net general 83 revenue collected in the fiscal year five years prior, 84 adjusted annually by the percentage increase in inflation 85 over the preceding five fiscal years. 86 (b) The amount of net general revenue collected 87 required by subparagraph a. of paragraph (a) of this 88 subdivision in order to make a reduction pursuant to this 89 subsection shall be adjusted annually by the percent 90 increase in inflation beginning with January 2, 2023. 91 (3) Any modification of tax rates under this 92 subsection shall only apply to tax years that begin on or 93 after a modification takes effect. 94 (4) The director of the department of revenue shall, 95 by rule, adjust the tax tables under subsection 1 of this 96 section to effectuate the provisions of this subsection. 97 The bracket for income subject to the top rate of tax shall 98 be eliminated once the top rate of tax has been reduced 99 below the rate applicable to such bracket, and the top 100 remaining rate of tax shall apply to all income in excess of 101 the income in the second highest remaining income bracket.] 102 For all tax years beginning on or after January 1, 2026, a 103 tax of four percent is hereby imposed on the Missouri 104 taxable income of every resident of this state. The tax 105 shall be determined by the application of the income 106 provisions provided under section 143.021. 107 SB 458 5 (2) The department of revenue shall, by rule and by 108 posting on the department's website, adjust the appropriate 109 tax rate to effectuate the provisions of this subsection. 110 4. (1) Upon adoption of a constitutional amendment 111 authorizing the creation of the tax reform fund, in addition 112 to the rate reductions made pursuant to subsection 3 of this 113 section, beginning with the 2027 calendar year, the tax rate 114 imposed pursuant to subsection 3 of this section may be 115 reduced over a period of years pursuant to subdivision (2) 116 of this subsection. A reduction in the rate of tax shall 117 take effect on January first of the immediately succeeding 118 calendar year and such reduced rate shall continue in effect 119 until the next reduction occurs. 120 (2) A reduction in the rate of tax shall occur if the 121 amount of net general revenue collected in the immediately 122 previous fiscal year exceeds anticipated general fund 123 revenue expenditures for such fiscal year by at least one 124 million dollars and the minimum balance in the tax reform 125 fund is at least one hundred twenty million dollars at the 126 close of the fiscal year. The amount of the reduction shall 127 be calculated as follows: 128 (a) For the first one hundred twenty million dollars 129 in the tax reform fund, one-tenth of one percent; plus 130 (b) For each additional sixty million dollars in 131 excess of the minimum balance, one-twentieth of one percent. 132 (3) Any modification of the tax rate made pursuant to 133 this subsection shall apply only to tax years that begin on 134 or after the date a modification takes effect. 135 (4) The director of the department of revenue shall 136 adjust and publish the tax rate as adjusted pursuant to this 137 subsection to effectuate the provisions of this subsection. 138 SB 458 6 5. Beginning with the 2017 calendar year, and ending 139 on or before December 31, 2025, the brackets of Missouri 140 taxable income identified in subsection 1 of this section 141 shall be adjusted annually by the percent increase in 142 inflation. The director shall publish such brackets 143 annually beginning on or after October 1, 2016. 144 Modifications to the brackets shall take effect on January 145 first of each calendar year and shall apply to tax years 146 beginning on or after the effective date of the new brackets. 147 6. As used in this section, the following terms mean: 148 (1) "CPI", the Consumer Price Index for All Urban 149 Consumers for the United States as reported by the Bureau of 150 Labor Statistics, or its successor index; 151 (2) "CPI for the preceding calendar year", the average 152 of the CPI as of the close of the twelve-month period ending 153 on August thirty-first of such calendar year; 154 (3) "Net general revenue collected", all revenue 155 deposited into the general revenue fund, less refunds and 156 revenues originally deposited into the general revenue fund 157 but designated by law for a specific distribution or 158 transfer to another state fund; 159 (4) "Percent increase in inflation", the percentage, 160 if any, by which the CPI for the preceding calendar year 161 exceeds the CPI for the year beginning September 1, 2014, 162 and ending August 31, 2015. 163 143.021. 1. Every resident having a taxable income 1 shall determine his or her tax from the rates provided in 2 section 143.011. For all tax years beginning on or before 3 December 31, 2022, there shall be no tax on a taxable income 4 of less than one hundred dollars. 5 2. (1) Notwithstanding the provisions of subsection 1 6 of section 143.011 to the contrary, for all tax years 7 SB 458 7 beginning on or after January 1, 2023, but on or before 8 December 31, 2025, there shall be no tax on taxable income 9 of less than or equal to one thousand dollars, as adjusted 10 pursuant to subsection 5 of section 143.011. 11 (2) The modifications made pursuant to this subsection 12 shall only apply to tax years that begin on or after January 13 1, 2023, but on or before December 31, 2025. 14 (3) The director of the department of revenue shall, 15 by rule, adjust the tax table provided in subsection 1 of 16 section 143.011 to effectuate the provisions of this 17 subsection. 18 3. Notwithstanding the provisions of subsection 3 of 19 section 143.011 to the contrary, for all tax years beginning 20 on or after January 1, 2026, there shall be no tax on 21 taxable income of less than or equal to one thousand dollars. 22 143.171. 1. For all tax years beginning on or after 1 January 1, 1994, and ending on or before December 31, 2018, 2 an individual taxpayer shall be allowed a deduction for his 3 or her federal income tax liability under Chapter 1 of the 4 Internal Revenue Code for the same taxable year for which 5 the Missouri return is being filed, not to exceed five 6 thousand dollars on a single taxpayer's return or ten 7 thousand dollars on a combined return, after reduction for 8 all credits thereon, except the credit for payments of 9 federal estimated tax, the credit for the overpayment of any 10 federal tax, and the credits allowed by the Internal Revenue 11 Code by 26 U.S.C. Section 31, 26 U.S.C. Section 27, and 26 12 U.S.C. Section 34. 13 2. (1) Notwithstanding any other provision of law to 14 the contrary, for all tax years beginning on or after 15 January 1, 2019, but on or before December 31, 2025, an 16 individual taxpayer shall be allowed a deduction equal to a 17 SB 458 8 percentage of his or her federal income tax liability under 18 Chapter 1 of the Internal Revenue Code for the same taxable 19 year for which the Missouri return is being filed, not to 20 exceed five thousand dollars on a single taxpayer's return 21 or ten thousand dollars on a combined return, after 22 reduction for all credits thereon, except the credit for 23 payments of federal estimated tax, the credit for the 24 overpayment of any federal tax, and the credits allowed by 25 the Internal Revenue Code by 26 U.S.C. Section 31, 26 U.S.C. 26 Section 27, and 26 U.S.C. Section 34. The deduction 27 percentage is determined according to the following table: 28 (2) Notwithstanding any provision of law to the 36 contrary, the amount of any tax credits reducing a 37 taxpayer's federal tax liability pursuant to Public Law 116- 38 136 or 116-260, enacted by the 116th United States Congress, 39 for the tax year beginning on or after January 1, 2020, and 40 ending on or before December 31, 2020, and the amount of any 41 tax credits reducing a taxpayer's federal tax liability 42 under any other federal law that provides direct economic 43 impact payments to taxpayers to mitigate financial 44 challenges related to the COVID-19 pandemic shall not be 45 29 30 If the Missouri gross income on the return is: The deduction percentage is: 31 $25,000 or less 35 percent 32 From $25,001 to $50,000 25 percent 33 From $50,001 to $100,000 15 percent 34 From $100,001 to $125,000 5 percent 35 $125,001 or more 0 percent SB 458 9 considered in determining a taxpayer's federal tax liability 46 for the purposes of subdivision (1) of this subsection. 47 3. For all tax years beginning on or after September 48 1, 1993, but on or before December 31, 2025, a corporate 49 taxpayer shall be allowed a deduction for fifty percent of 50 its federal income tax liability under Chapter 1 of the 51 Internal Revenue Code for the same taxable year for which 52 the Missouri return is being filed after reduction for all 53 credits thereon, except the credit for payments of federal 54 estimated tax, the credit for the overpayment of any federal 55 tax, and the credits allowed by the Internal Revenue Code by 56 26 U.S.C. Section 31, 26 U.S.C. Section 27, and 26 U.S.C. 57 Section 34. 58 4. For all tax years beginning on or before December 59 31, 2025, if a federal income tax liability for a tax year 60 prior to the applicability of sections 143.011 to 143.996 61 for which he or she was not previously entitled to a 62 Missouri deduction is later paid or accrued, he or she may 63 deduct the federal tax in the later year to the extent it 64 would have been deductible if paid or accrued in the prior 65 year. 66 5. For all tax years beginning on or after January 1, 67 2026, there shall be no federal income tax deduction for any 68 individual or corporate taxpayer under this section. 69