1 | 1 | | |
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2 | 2 | | EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | |
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5 | 5 | | FIRST REGULAR SESSION |
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6 | 6 | | SENATE BILL NO. 458 |
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7 | 7 | | 103RD GENERAL ASSEMBLY |
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8 | 8 | | |
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9 | 9 | | INTRODUCED BY SENATOR SCHNELTING. |
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10 | 10 | | 1405S.01I KRISTINA MARTIN, Secretary |
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11 | 11 | | AN ACT |
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12 | 12 | | To repeal sections 143.011, 143.021, and 143.171, RSMo, and to enact in lieu thereof three new |
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13 | 13 | | sections relating to income taxes. |
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14 | 14 | | |
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15 | 15 | | |
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16 | 16 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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17 | 17 | | Section A. Sections 143.011, 143.021, and 143.171, RSMo, 1 |
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18 | 18 | | are repealed and three new sections enacted in lieu thereof, to 2 |
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19 | 19 | | be known as sections 143.011, 143.021, and 143.171, to read as 3 |
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20 | 20 | | follows:4 |
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21 | 21 | | 143.011. 1. For all tax years beginning on or before 1 |
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22 | 22 | | December 31, 2025, a tax is hereby imposed for every taxable 2 |
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23 | 23 | | year on the Missouri taxable income of every resident. The 3 |
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24 | 24 | | tax shall be determined by applying the tax table or the 4 |
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25 | 25 | | rate provided in section 143.021, which is based upon the 5 |
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26 | 26 | | following rates: 6 |
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27 | 27 | | 7 |
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28 | 28 | | 8 |
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29 | 29 | | If the Missouri |
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30 | 30 | | taxable income is: |
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31 | 31 | | The tax is: |
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32 | 32 | | 9 |
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33 | 33 | | 10 |
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34 | 34 | | Not over $1,000.00 1 1/2% of the Missouri |
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35 | 35 | | taxable income |
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36 | 36 | | |
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37 | 37 | | 11 |
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38 | 38 | | 12 |
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39 | 39 | | Over $1,000 but not |
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40 | 40 | | over $2,000 |
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41 | 41 | | $15 plus 2% of excess over |
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42 | 42 | | $1,000 |
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43 | 43 | | |
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44 | 44 | | 13 |
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45 | 45 | | 14 |
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46 | 46 | | Over $2,000 but not |
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47 | 47 | | over $3,000 |
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48 | 48 | | $35 plus 2 1/2% of excess |
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49 | 49 | | over $2,000 |
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50 | 50 | | SB 458 2 |
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51 | 51 | | 2. (1) Notwithstanding the provisions of subsection 1 29 |
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52 | 52 | | of this section to the contrary, beginning with the 2023 30 |
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53 | 53 | | calendar year, but ending on or before December 31, 2025, 31 |
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54 | 54 | | the top rate of tax pursuant to subsection 1 of this section 32 |
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55 | 55 | | shall be four and ninety-five hundredths percent. 33 |
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56 | 56 | | (2) The modification of tax rates made pursuant to 34 |
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57 | 57 | | this subsection shall apply only to tax years that begin on 35 |
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58 | 58 | | or after January 1, 2023, but before January 1, 2026. 36 |
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59 | 59 | | (3) The director of the department of revenue shall, 37 |
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60 | 60 | | by rule, adjust the tax table provided in subsection 1 of 38 |
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61 | 61 | | this section to effectuate the provisions of this 39 |
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62 | 62 | | subsection. The top remaining rate of tax shall apply to 40 |
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63 | 63 | | all income in excess of seven thousand dollars, as adjusted 41 |
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64 | 64 | | pursuant to subsection 5 of this section. 42 |
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65 | 65 | | 3. (1) [In addition to the rate reduction under 43 |
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66 | 66 | | subsection 2 of this section, beginning with the 2024 44 |
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67 | 67 | | 15 |
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68 | 68 | | 16 |
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69 | 69 | | Over $3,000 but not |
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70 | 70 | | over $4,000 |
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71 | 71 | | $60 plus 3% of excess over |
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72 | 72 | | $3,000 |
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73 | 73 | | |
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74 | 74 | | 17 |
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75 | 75 | | 18 |
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76 | 76 | | Over $4,000 but not |
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77 | 77 | | over $5,000 |
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78 | 78 | | $90 plus 3 1/2% of excess |
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79 | 79 | | over $4,000 |
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80 | 80 | | |
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81 | 81 | | 19 |
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82 | 82 | | 20 |
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83 | 83 | | Over $5,000 but not |
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84 | 84 | | over $6,000 |
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85 | 85 | | $125 plus 4% of excess over |
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86 | 86 | | $5,000 |
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87 | 87 | | |
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88 | 88 | | 21 |
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89 | 89 | | 22 |
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90 | 90 | | Over $6,000 but not |
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91 | 91 | | over $7,000 |
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92 | 92 | | $165 plus 4 1/2% of excess |
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93 | 93 | | over $6,000 |
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94 | 94 | | |
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95 | 95 | | 23 |
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96 | 96 | | 24 |
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97 | 97 | | Over $7,000 but not |
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98 | 98 | | over $8,000 |
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99 | 99 | | $210 plus 5% of excess over |
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100 | 100 | | $7,000 |
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101 | 101 | | |
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102 | 102 | | 25 |
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103 | 103 | | 26 |
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104 | 104 | | Over $8,000 but not |
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105 | 105 | | over $9,000 |
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106 | 106 | | $260 plus 5 1/2% of excess |
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107 | 107 | | over $8,000 |
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108 | 108 | | |
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109 | 109 | | 27 |
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110 | 110 | | 28 |
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111 | 111 | | Over $9,000 $315 plus 6% of excess over |
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112 | 112 | | $9,000 |
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113 | 113 | | SB 458 3 |
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114 | 114 | | calendar year, the top rate of tax under subsection 1 of 45 |
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115 | 115 | | this section may be reduced by fifteen hundredths of a 46 |
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116 | 116 | | percent. A reduction in the rate of tax shall take effect 47 |
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117 | 117 | | on January first of a calendar year and such reduced rates 48 |
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118 | 118 | | shall continue in effect until the next reduction occurs. 49 |
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119 | 119 | | (2) A reduction in the rate of tax shall only occur if 50 |
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120 | 120 | | the amount of net general revenue collected in the previous 51 |
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121 | 121 | | fiscal year exceeds the highest amount of net general 52 |
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122 | 122 | | revenue collected in any of the three fiscal years prior to 53 |
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123 | 123 | | such fiscal year by at least one hundred seventy-five 54 |
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124 | 124 | | million dollars. 55 |
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125 | 125 | | (3) Any modification of tax rates under this 56 |
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126 | 126 | | subsection shall only apply to tax years that begin on or 57 |
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127 | 127 | | after a modification takes effect. 58 |
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128 | 128 | | (4) The director of the department of revenue shall, 59 |
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129 | 129 | | by rule, adjust the tax tables under subsection 1 of this 60 |
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130 | 130 | | section to effectuate the provisions of this subsection. 61 |
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131 | 131 | | 4. (1) In addition to the rate reductions under 62 |
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132 | 132 | | subsections 2 and 3 of this section, beginning with the 63 |
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133 | 133 | | calendar year immediately following the calendar year in 64 |
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134 | 134 | | which a reduction is made pursuant to subsection 3 of this 65 |
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135 | 135 | | section, the top rate of tax under subsection 1 of this 66 |
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136 | 136 | | section may be further reduced over a period of years. Each 67 |
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137 | 137 | | reduction in the top rate of tax shall be by one-tenth of a 68 |
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138 | 138 | | percent and no more than one reduction shall occur in a 69 |
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139 | 139 | | calendar year. No more than three reductions shall be made 70 |
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140 | 140 | | under this subsection. Reductions in the rate of tax shall 71 |
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141 | 141 | | take effect on January first of a calendar year and such 72 |
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142 | 142 | | reduced rates shall continue in effect until the next 73 |
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143 | 143 | | reduction occurs. 74 |
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144 | 144 | | (2) (a) A reduction in the rate of tax shall only 75 |
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145 | 145 | | occur if: 76 SB 458 4 |
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146 | 146 | | a. The amount of net general revenue collected in the 77 |
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147 | 147 | | previous fiscal year exceeds the highest amount of net 78 |
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148 | 148 | | general revenue collected in any of the three fiscal years 79 |
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149 | 149 | | prior to such fiscal year by at least two hundred million 80 |
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150 | 150 | | dollars; and 81 |
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151 | 151 | | b. The amount of net general revenue collected in the 82 |
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152 | 152 | | previous fiscal year exceeds the amount of net general 83 |
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153 | 153 | | revenue collected in the fiscal year five years prior, 84 |
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154 | 154 | | adjusted annually by the percentage increase in inflation 85 |
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155 | 155 | | over the preceding five fiscal years. 86 |
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156 | 156 | | (b) The amount of net general revenue collected 87 |
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157 | 157 | | required by subparagraph a. of paragraph (a) of this 88 |
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158 | 158 | | subdivision in order to make a reduction pursuant to this 89 |
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159 | 159 | | subsection shall be adjusted annually by the percent 90 |
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160 | 160 | | increase in inflation beginning with January 2, 2023. 91 |
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161 | 161 | | (3) Any modification of tax rates under this 92 |
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162 | 162 | | subsection shall only apply to tax years that begin on or 93 |
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163 | 163 | | after a modification takes effect. 94 |
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164 | 164 | | (4) The director of the department of revenue shall, 95 |
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165 | 165 | | by rule, adjust the tax tables under subsection 1 of this 96 |
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166 | 166 | | section to effectuate the provisions of this subsection. 97 |
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167 | 167 | | The bracket for income subject to the top rate of tax shall 98 |
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168 | 168 | | be eliminated once the top rate of tax has been reduced 99 |
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169 | 169 | | below the rate applicable to such bracket, and the top 100 |
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170 | 170 | | remaining rate of tax shall apply to all income in excess of 101 |
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171 | 171 | | the income in the second highest remaining income bracket.] 102 |
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172 | 172 | | For all tax years beginning on or after January 1, 2026, a 103 |
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173 | 173 | | tax of four percent is hereby imposed on the Missouri 104 |
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174 | 174 | | taxable income of every resident of this state. The tax 105 |
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175 | 175 | | shall be determined by the application of the income 106 |
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176 | 176 | | provisions provided under section 143.021. 107 SB 458 5 |
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177 | 177 | | (2) The department of revenue shall, by rule and by 108 |
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178 | 178 | | posting on the department's website, adjust the appropriate 109 |
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179 | 179 | | tax rate to effectuate the provisions of this subsection. 110 |
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180 | 180 | | 4. (1) Upon adoption of a constitutional amendment 111 |
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181 | 181 | | authorizing the creation of the tax reform fund, in addition 112 |
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182 | 182 | | to the rate reductions made pursuant to subsection 3 of this 113 |
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183 | 183 | | section, beginning with the 2027 calendar year, the tax rate 114 |
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184 | 184 | | imposed pursuant to subsection 3 of this section may be 115 |
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185 | 185 | | reduced over a period of years pursuant to subdivision (2) 116 |
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186 | 186 | | of this subsection. A reduction in the rate of tax shall 117 |
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187 | 187 | | take effect on January first of the immediately succeeding 118 |
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188 | 188 | | calendar year and such reduced rate shall continue in effect 119 |
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189 | 189 | | until the next reduction occurs. 120 |
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190 | 190 | | (2) A reduction in the rate of tax shall occur if the 121 |
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191 | 191 | | amount of net general revenue collected in the immediately 122 |
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192 | 192 | | previous fiscal year exceeds anticipated general fund 123 |
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193 | 193 | | revenue expenditures for such fiscal year by at least one 124 |
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194 | 194 | | million dollars and the minimum balance in the tax reform 125 |
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195 | 195 | | fund is at least one hundred twenty million dollars at the 126 |
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196 | 196 | | close of the fiscal year. The amount of the reduction shall 127 |
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197 | 197 | | be calculated as follows: 128 |
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198 | 198 | | (a) For the first one hundred twenty million dollars 129 |
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199 | 199 | | in the tax reform fund, one-tenth of one percent; plus 130 |
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200 | 200 | | (b) For each additional sixty million dollars in 131 |
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201 | 201 | | excess of the minimum balance, one-twentieth of one percent. 132 |
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202 | 202 | | (3) Any modification of the tax rate made pursuant to 133 |
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203 | 203 | | this subsection shall apply only to tax years that begin on 134 |
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204 | 204 | | or after the date a modification takes effect. 135 |
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205 | 205 | | (4) The director of the department of revenue shall 136 |
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206 | 206 | | adjust and publish the tax rate as adjusted pursuant to this 137 |
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207 | 207 | | subsection to effectuate the provisions of this subsection. 138 SB 458 6 |
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208 | 208 | | 5. Beginning with the 2017 calendar year, and ending 139 |
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209 | 209 | | on or before December 31, 2025, the brackets of Missouri 140 |
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210 | 210 | | taxable income identified in subsection 1 of this section 141 |
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211 | 211 | | shall be adjusted annually by the percent increase in 142 |
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212 | 212 | | inflation. The director shall publish such brackets 143 |
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213 | 213 | | annually beginning on or after October 1, 2016. 144 |
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214 | 214 | | Modifications to the brackets shall take effect on January 145 |
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215 | 215 | | first of each calendar year and shall apply to tax years 146 |
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216 | 216 | | beginning on or after the effective date of the new brackets. 147 |
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217 | 217 | | 6. As used in this section, the following terms mean: 148 |
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218 | 218 | | (1) "CPI", the Consumer Price Index for All Urban 149 |
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219 | 219 | | Consumers for the United States as reported by the Bureau of 150 |
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220 | 220 | | Labor Statistics, or its successor index; 151 |
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221 | 221 | | (2) "CPI for the preceding calendar year", the average 152 |
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222 | 222 | | of the CPI as of the close of the twelve-month period ending 153 |
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223 | 223 | | on August thirty-first of such calendar year; 154 |
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224 | 224 | | (3) "Net general revenue collected", all revenue 155 |
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225 | 225 | | deposited into the general revenue fund, less refunds and 156 |
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226 | 226 | | revenues originally deposited into the general revenue fund 157 |
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227 | 227 | | but designated by law for a specific distribution or 158 |
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228 | 228 | | transfer to another state fund; 159 |
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229 | 229 | | (4) "Percent increase in inflation", the percentage, 160 |
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230 | 230 | | if any, by which the CPI for the preceding calendar year 161 |
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231 | 231 | | exceeds the CPI for the year beginning September 1, 2014, 162 |
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232 | 232 | | and ending August 31, 2015. 163 |
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233 | 233 | | 143.021. 1. Every resident having a taxable income 1 |
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234 | 234 | | shall determine his or her tax from the rates provided in 2 |
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235 | 235 | | section 143.011. For all tax years beginning on or before 3 |
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236 | 236 | | December 31, 2022, there shall be no tax on a taxable income 4 |
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237 | 237 | | of less than one hundred dollars. 5 |
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238 | 238 | | 2. (1) Notwithstanding the provisions of subsection 1 6 |
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239 | 239 | | of section 143.011 to the contrary, for all tax years 7 SB 458 7 |
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240 | 240 | | beginning on or after January 1, 2023, but on or before 8 |
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241 | 241 | | December 31, 2025, there shall be no tax on taxable income 9 |
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242 | 242 | | of less than or equal to one thousand dollars, as adjusted 10 |
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243 | 243 | | pursuant to subsection 5 of section 143.011. 11 |
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244 | 244 | | (2) The modifications made pursuant to this subsection 12 |
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245 | 245 | | shall only apply to tax years that begin on or after January 13 |
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246 | 246 | | 1, 2023, but on or before December 31, 2025. 14 |
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247 | 247 | | (3) The director of the department of revenue shall, 15 |
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248 | 248 | | by rule, adjust the tax table provided in subsection 1 of 16 |
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249 | 249 | | section 143.011 to effectuate the provisions of this 17 |
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250 | 250 | | subsection. 18 |
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251 | 251 | | 3. Notwithstanding the provisions of subsection 3 of 19 |
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252 | 252 | | section 143.011 to the contrary, for all tax years beginning 20 |
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253 | 253 | | on or after January 1, 2026, there shall be no tax on 21 |
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254 | 254 | | taxable income of less than or equal to one thousand dollars. 22 |
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255 | 255 | | 143.171. 1. For all tax years beginning on or after 1 |
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256 | 256 | | January 1, 1994, and ending on or before December 31, 2018, 2 |
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257 | 257 | | an individual taxpayer shall be allowed a deduction for his 3 |
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258 | 258 | | or her federal income tax liability under Chapter 1 of the 4 |
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259 | 259 | | Internal Revenue Code for the same taxable year for which 5 |
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260 | 260 | | the Missouri return is being filed, not to exceed five 6 |
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261 | 261 | | thousand dollars on a single taxpayer's return or ten 7 |
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262 | 262 | | thousand dollars on a combined return, after reduction for 8 |
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263 | 263 | | all credits thereon, except the credit for payments of 9 |
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264 | 264 | | federal estimated tax, the credit for the overpayment of any 10 |
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265 | 265 | | federal tax, and the credits allowed by the Internal Revenue 11 |
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266 | 266 | | Code by 26 U.S.C. Section 31, 26 U.S.C. Section 27, and 26 12 |
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267 | 267 | | U.S.C. Section 34. 13 |
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268 | 268 | | 2. (1) Notwithstanding any other provision of law to 14 |
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269 | 269 | | the contrary, for all tax years beginning on or after 15 |
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270 | 270 | | January 1, 2019, but on or before December 31, 2025, an 16 |
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271 | 271 | | individual taxpayer shall be allowed a deduction equal to a 17 SB 458 8 |
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272 | 272 | | percentage of his or her federal income tax liability under 18 |
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273 | 273 | | Chapter 1 of the Internal Revenue Code for the same taxable 19 |
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274 | 274 | | year for which the Missouri return is being filed, not to 20 |
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275 | 275 | | exceed five thousand dollars on a single taxpayer's return 21 |
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276 | 276 | | or ten thousand dollars on a combined return, after 22 |
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277 | 277 | | reduction for all credits thereon, except the credit for 23 |
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278 | 278 | | payments of federal estimated tax, the credit for the 24 |
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279 | 279 | | overpayment of any federal tax, and the credits allowed by 25 |
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280 | 280 | | the Internal Revenue Code by 26 U.S.C. Section 31, 26 U.S.C. 26 |
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281 | 281 | | Section 27, and 26 U.S.C. Section 34. The deduction 27 |
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282 | 282 | | percentage is determined according to the following table: 28 |
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283 | 283 | | (2) Notwithstanding any provision of law to the 36 |
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284 | 284 | | contrary, the amount of any tax credits reducing a 37 |
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285 | 285 | | taxpayer's federal tax liability pursuant to Public Law 116- 38 |
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286 | 286 | | 136 or 116-260, enacted by the 116th United States Congress, 39 |
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287 | 287 | | for the tax year beginning on or after January 1, 2020, and 40 |
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288 | 288 | | ending on or before December 31, 2020, and the amount of any 41 |
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289 | 289 | | tax credits reducing a taxpayer's federal tax liability 42 |
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290 | 290 | | under any other federal law that provides direct economic 43 |
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291 | 291 | | impact payments to taxpayers to mitigate financial 44 |
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292 | 292 | | challenges related to the COVID-19 pandemic shall not be 45 |
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293 | 293 | | 29 |
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294 | 294 | | 30 |
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295 | 295 | | If the Missouri gross income |
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296 | 296 | | on the return is: |
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297 | 297 | | The deduction |
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298 | 298 | | percentage is: |
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299 | 299 | | |
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300 | 300 | | 31 $25,000 or less 35 percent |
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301 | 301 | | 32 From $25,001 to $50,000 25 percent |
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302 | 302 | | 33 From $50,001 to $100,000 15 percent |
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303 | 303 | | 34 From $100,001 to $125,000 5 percent |
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304 | 304 | | 35 $125,001 or more 0 percent SB 458 9 |
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305 | 305 | | considered in determining a taxpayer's federal tax liability 46 |
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306 | 306 | | for the purposes of subdivision (1) of this subsection. 47 |
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307 | 307 | | 3. For all tax years beginning on or after September 48 |
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308 | 308 | | 1, 1993, but on or before December 31, 2025, a corporate 49 |
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309 | 309 | | taxpayer shall be allowed a deduction for fifty percent of 50 |
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310 | 310 | | its federal income tax liability under Chapter 1 of the 51 |
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311 | 311 | | Internal Revenue Code for the same taxable year for which 52 |
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312 | 312 | | the Missouri return is being filed after reduction for all 53 |
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313 | 313 | | credits thereon, except the credit for payments of federal 54 |
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314 | 314 | | estimated tax, the credit for the overpayment of any federal 55 |
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315 | 315 | | tax, and the credits allowed by the Internal Revenue Code by 56 |
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316 | 316 | | 26 U.S.C. Section 31, 26 U.S.C. Section 27, and 26 U.S.C. 57 |
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317 | 317 | | Section 34. 58 |
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318 | 318 | | 4. For all tax years beginning on or before December 59 |
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319 | 319 | | 31, 2025, if a federal income tax liability for a tax year 60 |
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320 | 320 | | prior to the applicability of sections 143.011 to 143.996 61 |
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321 | 321 | | for which he or she was not previously entitled to a 62 |
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322 | 322 | | Missouri deduction is later paid or accrued, he or she may 63 |
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323 | 323 | | deduct the federal tax in the later year to the extent it 64 |
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324 | 324 | | would have been deductible if paid or accrued in the prior 65 |
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325 | 325 | | year. 66 |
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326 | 326 | | 5. For all tax years beginning on or after January 1, 67 |
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327 | 327 | | 2026, there shall be no federal income tax deduction for any 68 |
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328 | 328 | | individual or corporate taxpayer under this section. 69 |
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329 | 329 | | |
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