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 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 620 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR GREGORY (15). |
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8 | 8 | | 2445S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 143.124, RSMo, and to enact in lieu thereof one new section relating to private |
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11 | 11 | | pension taxation. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 143.124, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 143.124, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 143.124. 1. Other provisions of law to the contrary 1 |
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18 | 18 | | notwithstanding, for tax years ending on or before December 2 |
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19 | 19 | | 31, 2006, the total amount of all annuities, pensions, or 3 |
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20 | 20 | | retirement allowances above the amount of six thousand 4 |
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21 | 21 | | dollars annually provided by any law of this stat e, the 5 |
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22 | 22 | | United States, or any other state to any person except as 6 |
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23 | 23 | | provided in subsection 4 of this section, shall be subject 7 |
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24 | 24 | | to tax pursuant to the provisions of this chapter, in the 8 |
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25 | 25 | | same manner, to the same extent and under the same 9 |
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26 | 26 | | conditions as any other taxable income received by the 10 |
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27 | 27 | | person receiving it. For purposes of this section, 11 |
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28 | 28 | | "annuity, pension, retirement benefit, or retirement 12 |
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29 | 29 | | allowance" shall be defined as an annuity, pension or 13 |
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30 | 30 | | retirement allowance provided by the United States, this 14 |
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31 | 31 | | state, any other state or any political subdivision or 15 |
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32 | 32 | | agency or institution of this or any other state. For all 16 |
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33 | 33 | | tax years beginning on or after January 1, 1998, for 17 |
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34 | 34 | | purposes of this section, annuity, pension or retirement 18 SB 620 2 |
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35 | 35 | | allowance shall be defined to include 401(k) plans, deferred 19 |
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36 | 36 | | compensation plans, self -employed retirement plans, also 20 |
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37 | 37 | | known as Keogh plans, annuities from a defined pension plan 21 |
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38 | 38 | | and individual retirement arrangements, also known as IRAs, 22 |
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39 | 39 | | as described in the Internal Revenue Cod e, but not including 23 |
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40 | 40 | | Roth IRAs, as well as an annuity, pension or retirement 24 |
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41 | 41 | | allowance provided by the United States, this state, any 25 |
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42 | 42 | | other state or any political subdivision or agency or 26 |
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43 | 43 | | institution of this or any other state. An individual 27 |
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44 | 44 | | taxpayer shall only be allowed a maximum deduction equal to 28 |
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45 | 45 | | the amounts provided under this section for each taxpayer on 29 |
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46 | 46 | | the combined return. 30 |
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47 | 47 | | 2. For the period beginning July 1, 1989, and ending 31 |
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48 | 48 | | December 31, 1989, there shall be subtracted from Missouri 32 |
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49 | 49 | | adjusted gross income for that period, determined pursuant 33 |
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50 | 50 | | to section 143.121, the first three thousand dollars of 34 |
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51 | 51 | | retirement benefits received by each taxpayer: 35 |
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52 | 52 | | (1) If the taxpayer's filing status is single, head of 36 |
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53 | 53 | | household or qualifying widow( er) and the taxpayer's 37 |
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54 | 54 | | Missouri adjusted gross income is less than twelve thousand 38 |
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55 | 55 | | five hundred dollars; or 39 |
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56 | 56 | | (2) If the taxpayer's filing status is married filing 40 |
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57 | 57 | | combined and their combined Missouri adjusted gross income 41 |
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58 | 58 | | is less than sixteen thou sand dollars; or 42 |
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59 | 59 | | (3) If the taxpayer's filing status is married filing 43 |
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60 | 60 | | separately and the taxpayer's Missouri adjusted gross income 44 |
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61 | 61 | | is less than eight thousand dollars. 45 |
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62 | 62 | | 3. [For the tax years beginning on or after January 1, 46 |
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63 | 63 | | 1990, but ending on or before December 31, 2006, ] There 47 |
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64 | 64 | | shall be subtracted from Missouri adjusted gross income, 48 |
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65 | 65 | | determined pursuant to section 143.121, [a maximum of the 49 |
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66 | 66 | | first six thousand dollars of retirement benefits received 50 SB 620 3 |
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67 | 67 | | by each taxpayer from sources other tha n privately funded 51 |
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68 | 68 | | sources, and for tax years beginning on or after January 1, 52 |
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69 | 69 | | 1998, there shall be subtracted from Missouri adjusted gross 53 |
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70 | 70 | | income, determined pursuant to section 143.121, a maximum of 54 |
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71 | 71 | | the first one thousand dollars of any retirement al lowance 55 |
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72 | 72 | | received from any privately funded source for tax years 56 |
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73 | 73 | | beginning on or after January 1, 1998, but before January 1, 57 |
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74 | 74 | | 1999, and a maximum of the first three thousand dollars of 58 |
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75 | 75 | | any retirement allowance received from any privately funded 59 |
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76 | 76 | | source for tax years beginning on or after January 1, 1999, 60 |
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77 | 77 | | but before January 1, 2000, and a maximum of the first four 61 |
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78 | 78 | | thousand dollars of any retirement allowance received from 62 |
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79 | 79 | | any privately funded source for tax years beginning on or 63 |
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80 | 80 | | after January 1, 2000, but before January 1, 2001, and a 64 |
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81 | 81 | | maximum of the first five thousand dollars of any retirement 65 |
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82 | 82 | | allowance received from any privately funded source for tax 66 |
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83 | 83 | | years beginning on or after January 1, 2001, but before 67 |
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84 | 84 | | January 1, 2002, and ] a maximum of the first six thousand 68 |
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85 | 85 | | dollars of any retirement allowance received by each 69 |
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86 | 86 | | taxpayer from any privately funded sources for tax years 70 |
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87 | 87 | | beginning on or after January 1, 2002 , but before January 1, 71 |
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88 | 88 | | 2026, and a maximum of the first twelve thousand dollars of 72 |
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89 | 89 | | any retirement allowance received from any privately funded 73 |
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90 | 90 | | sources for tax years beginning on or after January 1, 74 |
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91 | 91 | | 2026. A taxpayer shall be entitled to the maximum exemption 75 |
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92 | 92 | | provided by this subsection: 76 |
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93 | 93 | | (1) If the taxpayer's filing status is singl e, head of 77 |
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94 | 94 | | household or qualifying widow(er) and the taxpayer's 78 |
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95 | 95 | | Missouri adjusted gross income is less than twenty -five 79 |
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96 | 96 | | thousand dollars for all tax years ending on or before 80 |
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97 | 97 | | December 31, 2025, and less than fifty thousand dollars for 81 |
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98 | 98 | | all tax years beginning on or after January 1, 2026 ; or 82 SB 620 4 |
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99 | 99 | | (2) If the taxpayer's filing status is married filing 83 |
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100 | 100 | | combined and their combined Missouri adjusted gross income 84 |
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101 | 101 | | is less than thirty-two thousand dollars for all tax years 85 |
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102 | 102 | | ending on or before December 31, 20 25, and less than sixty - 86 |
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103 | 103 | | four thousand dollars for all tax years beginning on or 87 |
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104 | 104 | | after January 1, 2026 ; or 88 |
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105 | 105 | | (3) If the taxpayer's filing status is married filing 89 |
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106 | 106 | | separately and the taxpayer's Missouri adjusted gross income 90 |
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107 | 107 | | is less than sixteen thou sand dollars for all tax years 91 |
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108 | 108 | | ending on or before December 31, 2025, and less than thirty - 92 |
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109 | 109 | | two thousand six hundred dollars for all tax years beginning 93 |
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110 | 110 | | on or after January 1, 2026 . 94 |
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111 | 111 | | 4. If a taxpayer's adjusted gross income exceeds the 95 |
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112 | 112 | | adjusted gross income ceiling for such taxpayer's filing 96 |
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113 | 113 | | status, as provided in subdivisions (1), (2) and (3) of 97 |
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114 | 114 | | subsection 3 of this section, such taxpayer shall be 98 |
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115 | 115 | | entitled to an exemption equal to the greater of zero or the 99 |
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116 | 116 | | maximum exemption provided in subsect ion 3 of this section 100 |
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117 | 117 | | reduced by one dollar for every dollar such taxpayer's 101 |
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118 | 118 | | income exceeds the ceiling for his or her filing status. 102 |
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119 | 119 | | 5. For purposes of this subsection, the term "maximum 103 |
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120 | 120 | | Social Security benefit available" shall mean thirty -two 104 |
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121 | 121 | | thousand five hundred dollars for the tax year beginning on 105 |
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122 | 122 | | or after January 1, 2007, and for each subsequent tax year 106 |
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123 | 123 | | such amount shall be increased by the percentage increase in 107 |
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124 | 124 | | the Consumer Price Index for All Urban Consumers, or its 108 |
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125 | 125 | | successor index, as such index is defined and officially 109 |
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126 | 126 | | reported by the United States Department of Labor, or its 110 |
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127 | 127 | | successor agency. For the tax year beginning on or after 111 |
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128 | 128 | | January 1, 2007, but ending on or before December 31, 2007, 112 |
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129 | 129 | | there shall be subtracted from Miss ouri adjusted gross 113 |
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130 | 130 | | income, determined pursuant to section 143.121, a maximum of 114 SB 620 5 |
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131 | 131 | | an amount equal to the greater of: six thousand dollars in 115 |
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132 | 132 | | retirement benefits received from sources other than 116 |
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133 | 133 | | privately funded sources, to the extent such benefits are 117 |
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134 | 134 | | included in the taxpayer's federal adjusted gross income; or 118 |
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135 | 135 | | twenty percent of the retirement benefits received from 119 |
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136 | 136 | | sources other than privately funded sources in the tax year, 120 |
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137 | 137 | | but not to exceed the maximum Social Security benefit 121 |
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138 | 138 | | available for such tax year. For the tax year beginning on 122 |
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139 | 139 | | or after January 1, 2008, but ending on or before December 123 |
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140 | 140 | | 31, 2008, there shall be subtracted from Missouri adjusted 124 |
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141 | 141 | | gross income, determined pursuant to section 143.121, a 125 |
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142 | 142 | | maximum of an amount equal to the gre ater of: six thousand 126 |
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143 | 143 | | dollars in retirement benefits received from sources other 127 |
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144 | 144 | | than privately funded sources, to the extent such benefits 128 |
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145 | 145 | | are included in the taxpayer's federal adjusted gross 129 |
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146 | 146 | | income; or thirty-five percent of the retirement benefits 130 |
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147 | 147 | | received from sources other than privately funded sources in 131 |
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148 | 148 | | the tax year, but not to exceed the maximum Social Security 132 |
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149 | 149 | | benefit available for such tax year. For the tax year 133 |
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150 | 150 | | beginning on or after January 1, 2009, but ending on or 134 |
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151 | 151 | | before December 31, 2009, there shall be subtracted from 135 |
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152 | 152 | | Missouri adjusted gross income, determined pursuant to 136 |
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153 | 153 | | section 143.121, a maximum of an amount equal to the greater 137 |
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154 | 154 | | of: six thousand dollars in retirement benefits received 138 |
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155 | 155 | | from sources other than privately funde d sources, to the 139 |
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156 | 156 | | extent such benefits are included in the taxpayer's federal 140 |
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157 | 157 | | adjusted gross income; or fifty percent of the retirement 141 |
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158 | 158 | | benefits received from sources other than privately funded 142 |
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159 | 159 | | sources in the tax year, but not to exceed the maximum 143 |
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160 | 160 | | Social Security benefit available for such tax year. For 144 |
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161 | 161 | | the tax year beginning on or after January 1, 2010, but 145 |
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162 | 162 | | ending on or before December 31, 2010, there shall be 146 SB 620 6 |
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163 | 163 | | subtracted from Missouri adjusted gross income, determined 147 |
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164 | 164 | | pursuant to section 143.12 1, a maximum of an amount equal to 148 |
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165 | 165 | | the greater of: six thousand dollars in retirement benefits 149 |
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166 | 166 | | received from sources other than privately funded sources, 150 |
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167 | 167 | | to the extent such benefits are included in the taxpayer's 151 |
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168 | 168 | | federal adjusted gross income; or sixt y-five percent of the 152 |
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169 | 169 | | retirement benefits received from sources other than 153 |
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170 | 170 | | privately funded sources in the tax year, but not to exceed 154 |
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171 | 171 | | the maximum Social Security benefit available for such tax 155 |
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172 | 172 | | year. For the tax year beginning on or after January 1, 156 |
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173 | 173 | | 2011, but ending on or before December 31, 2011, there shall 157 |
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174 | 174 | | be subtracted from Missouri adjusted gross income, 158 |
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175 | 175 | | determined pursuant to section 143.121, a maximum of an 159 |
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176 | 176 | | amount equal to the greater of: six thousand dollars in 160 |
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177 | 177 | | retirement benefits receive d from sources other than 161 |
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178 | 178 | | privately funded sources, to the extent such benefits are 162 |
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179 | 179 | | included in the taxpayer's federal adjusted gross income; or 163 |
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180 | 180 | | eighty percent of the retirement benefits received from 164 |
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181 | 181 | | sources other than privately funded sources in the tax year, 165 |
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182 | 182 | | but not to exceed the maximum Social Security benefit 166 |
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183 | 183 | | available for such tax year. For all tax years beginning on 167 |
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184 | 184 | | or after January 1, 2012, there shall be subtracted from 168 |
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185 | 185 | | Missouri adjusted gross income, determined pursuant to 169 |
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186 | 186 | | section 143.121, a maximum of an amount equal to one hundred 170 |
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187 | 187 | | percent of the retirement benefits received from sources 171 |
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188 | 188 | | other than privately funded sources in the tax year, but not 172 |
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189 | 189 | | to exceed the maximum Social Security benefit available for 173 |
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190 | 190 | | such tax year. For all tax years beginning on or before 174 |
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191 | 191 | | December 31, 2023, a taxpayer shall be entitled to the 175 |
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192 | 192 | | maximum exemption provided by this subsection: 176 SB 620 7 |
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193 | 193 | | (1) If the taxpayer's filing status is married filing 177 |
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194 | 194 | | combined, and their combined Missouri adjusted gross income 178 |
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195 | 195 | | is equal to or less than one hundred thousand dollars; or 179 |
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196 | 196 | | (2) If the taxpayer's filing status is single, head of 180 |
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197 | 197 | | household, qualifying widow(er), or married filing 181 |
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198 | 198 | | separately, and the taxpayer's Missouri adjusted gross 182 |
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199 | 199 | | income is equal to or less t han eighty-five thousand dollars. 183 |
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200 | 200 | | For all tax years beginning on or after January 1, 2024, a 184 |
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201 | 201 | | taxpayer shall be entitled to the maximum exemption provided 185 |
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202 | 202 | | by this subsection regardless of the taxpayer's filing 186 |
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203 | 203 | | status or the amount of the taxpayer's Misso uri adjusted 187 |
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204 | 204 | | gross income. 188 |
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205 | 205 | | 6. For all tax years beginning on or before December 189 |
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206 | 206 | | 31, 2023, if a taxpayer's adjusted gross income exceeds the 190 |
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207 | 207 | | adjusted gross income ceiling for such taxpayer's filing 191 |
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208 | 208 | | status, as provided in subdivisions (1) and (2) o f 192 |
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209 | 209 | | subsection 5 of this section, such taxpayer shall be 193 |
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210 | 210 | | entitled to an exemption, less any applicable reduction 194 |
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211 | 211 | | provided under subsection 7 of this section, equal to the 195 |
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212 | 212 | | greater of zero or the maximum exemption provided in 196 |
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213 | 213 | | subsection 5 of this section reduced by one dollar for every 197 |
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214 | 214 | | dollar such taxpayer's income exceeds the ceiling for his or 198 |
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215 | 215 | | her filing status. 199 |
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216 | 216 | | 7. For purposes of calculating the subtraction 200 |
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217 | 217 | | provided in subsection 5 of this section, such subtraction 201 |
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218 | 218 | | shall be decreased by an amo unt equal to any Social Security 202 |
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219 | 219 | | benefit exemption provided under section 143.125. 203 |
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220 | 220 | | 8. For purposes of this section, any Social Security 204 |
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221 | 221 | | benefits otherwise included in Missouri adjusted gross 205 |
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222 | 222 | | income shall be subtracted; but Social Security benefits 206 |
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223 | 223 | | shall not be subtracted for purposes of other computations 207 SB 620 8 |
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224 | 224 | | pursuant to this chapter, and are not to be considered as 208 |
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225 | 225 | | retirement benefits for purposes of this section. 209 |
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226 | 226 | | 9. The provisions of subdivisions (1) and (2) of 210 |
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227 | 227 | | subsection 3 of this section shall apply during all tax 211 |
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228 | 228 | | years in which the federal Internal Revenue Code provides 212 |
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229 | 229 | | exemption levels for calculation of the taxability of Social 213 |
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230 | 230 | | Security benefits that are the same as the levels in 214 |
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231 | 231 | | subdivisions (1) and (2) of subsection 3 of this sect ion. 215 |
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232 | 232 | | If the exemption levels for the calculation of the 216 |
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233 | 233 | | taxability of Social Security benefits are adjusted by 217 |
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234 | 234 | | applicable federal law or regulation, the exemption levels 218 |
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235 | 235 | | in subdivisions (1) and (2) of subsection 3 of this section 219 |
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236 | 236 | | shall be accordingly adjusted to the same exemption levels. 220 |
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237 | 237 | | 10. The portion of a taxpayer's lump sum distribution 221 |
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238 | 238 | | from an annuity or other retirement plan not otherwise 222 |
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239 | 239 | | included in Missouri adjusted gross income as calculated 223 |
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240 | 240 | | pursuant to this chapter but subject to t axation under 224 |
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241 | 241 | | Internal Revenue Code Section 402 shall be taxed in an 225 |
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242 | 242 | | amount equal to ten percent of the taxpayer's federal 226 |
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243 | 243 | | liability on such distribution for the same tax year. 227 |
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244 | 244 | | 11. For purposes of this section, retirement benefits 228 |
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245 | 245 | | received shall not include any withdrawals from qualified 229 |
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246 | 246 | | retirement plans which are subsequently rolled over into 230 |
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247 | 247 | | another retirement plan. 231 |
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248 | 248 | | 12. The exemptions provided for in this section shall 232 |
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249 | 249 | | not affect the calculation of the income to be used to 233 |
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250 | 250 | | determine the property tax credit provided in sections 234 |
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251 | 251 | | 135.010 to 135.035. 235 |
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252 | 252 | | 13. The exemptions provided for in this section shall 236 |
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253 | 253 | | apply to any annuity, pension, or retirement allowance as 237 |
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254 | 254 | | defined in subsection 1 of this section to the extent that 238 |
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255 | 255 | | such amounts are included in the taxpayer's federal adjusted 239 SB 620 9 |
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256 | 256 | | gross income and not otherwise deducted from the taxpayer's 240 |
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257 | 257 | | federal adjusted gross income in the calculation of Missouri 241 |
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258 | 258 | | taxable income. This subsection shall not apply to any 242 |
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259 | 259 | | individual who qualifies u nder federal guidelines to be one 243 |
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260 | 260 | | hundred percent disabled. 244 |
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261 | 261 | | |
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