12 | | - | Section A. Section 135.621, RSMo, is repealed and two new |
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13 | | - | sections enacted in lieu thereof, to be known as sections |
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14 | | - | 135.621 and 144.022, to read as follows: |
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15 | | - | 135.621. 1. As used in this section, the following |
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16 | | - | terms mean: |
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17 | | - | (1) "Contribution", a donation of cash, stock, bonds, |
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18 | | - | other marketable securities, or real property; |
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19 | | - | (2) "Department", the department of social services; |
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20 | | - | (3) "Diaper bank", a national diaper bank or a |
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21 | | - | nonprofit entity located in this state established and |
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22 | | - | operating primarily for the purpose of collecting or |
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23 | | - | purchasing disposable diapers or other hygiene products for |
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24 | | - | infants, children, or incontinent adults and that regularly |
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25 | | - | distributes such diapers or other hygiene products through |
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26 | | - | two or more schools, health care facilities, governmental |
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27 | | - | agencies, or other nonprofit entities for eventual |
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28 | | - | distribution to individuals free of charge; |
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29 | | - | (4) "National diaper bank", a nonprofit entity located |
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30 | | - | in this state that meets the following criteria: |
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31 | | - | (a) Collects, purchases, warehouses, and manages a |
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32 | | - | community inventory of disposable diapers or other hygiene |
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33 | | - | products for infants, children, or incontinent adults; |
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34 | | - | (b) Regularly distributes a consistent and reliable |
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35 | | - | supply of such diapers or other hy giene products through two |
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36 | | - | 2 |
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37 | | - | or more schools, health care facilities, governmental |
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38 | | - | agencies, or other nonprofit entities for eventual |
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39 | | - | distribution to individuals free of charge, with the |
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40 | | - | intention of reducing diaper need; and |
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41 | | - | (c) Is a member of a national network organization |
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42 | | - | serving all fifty states through which certification |
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43 | | - | demonstrates nonprofit best practices, data -driven program |
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44 | | - | design, and equitable distribution focused on best serving |
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45 | | - | infants, children, and incontinent adults; |
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46 | | - | (5) "Tax credit", a credit against the tax otherwise |
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47 | | - | due under chapter 143, excluding withholding tax imposed |
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48 | | - | under sections 143.191 to 143.265, or otherwise due under |
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49 | | - | chapter 148 or 153; |
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50 | | - | [(5)] (6) "Taxpayer", a person, firm, partner in a |
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51 | | - | firm, corporation, or shareholder in an S corporation doing |
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52 | | - | business in the state of Missouri and subject to the state |
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53 | | - | income tax imposed under chapter 143; an insurance company |
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54 | | - | paying an annual tax on its gross premium receipts in this |
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55 | | - | state; any other financia l institution paying taxes to the |
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56 | | - | state of Missouri or any political subdivision of this state |
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57 | | - | under chapter 148; an express company that pays an annual |
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58 | | - | tax on its gross receipts in this state under chapter 153; |
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59 | | - | an individual subject to the state incom e tax under chapter |
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60 | | - | 143; or any charitable organization that is exempt from |
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61 | | - | federal income tax and whose Missouri unrelated business |
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62 | | - | taxable income, if any, would be subject to the state income |
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63 | | - | tax imposed under chapter 143. |
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64 | | - | 2. For all fiscal years beginning on or after July 1, |
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65 | | - | 2019, a taxpayer shall be allowed to claim a tax credit |
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66 | | - | against the taxpayer's state tax liability in an amount |
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67 | | - | equal to fifty percent of the amount of such taxpayer's |
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68 | | - | contributions to a diaper bank. |
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69 | | - | 3 |
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70 | | - | 3. The amount of the tax credit claimed shall not |
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71 | | - | exceed the amount of the taxpayer's state tax liability for |
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72 | | - | the tax year for which the credit is claimed, and such |
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73 | | - | taxpayer shall not be allowed to claim a tax credit in |
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74 | | - | excess of fifty thousand dollars per tax year . However, any |
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75 | | - | tax credit that cannot be claimed in the tax year the |
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76 | | - | contribution was made may be carried over only to the next |
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77 | | - | subsequent tax year. No tax credit issued under this |
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78 | | - | section shall be assigned, transferred, or sold. |
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79 | | - | 4. Except for any excess credit that is carried over |
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80 | | - | under subsection 3 of this section, no taxpayer shall be |
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81 | | - | allowed to claim a tax credit unless the taxpayer |
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82 | | - | contributes at least one hundred dollars to one or more |
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83 | | - | diaper banks during the tax year for which the cre dit is |
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84 | | - | claimed. |
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85 | | - | 5. The department shall determine, at least annually, |
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86 | | - | which entities in this state qualify as diaper banks. The |
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87 | | - | department may require of an entity seeking to be classified |
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88 | | - | as a diaper bank any information which is reasonably |
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89 | | - | necessary to make such a determination. The department |
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90 | | - | shall classify an entity as a diaper bank if such entity |
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91 | | - | satisfies the definition under subsection 1 of this section. |
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92 | | - | 6. The department shall establish a procedure by which |
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93 | | - | a taxpayer can deter mine if an entity has been classified as |
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94 | | - | a diaper bank. |
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95 | | - | 7. Diaper banks may decline a contribution from a |
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96 | | - | taxpayer. |
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97 | | - | 8. The cumulative amount of tax credits that may be |
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98 | | - | claimed by all the taxpayers contributing to diaper banks in |
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99 | | - | any one fiscal year shall not exceed five hundred thousand |
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100 | | - | dollars. Tax credits shall be issued in the order |
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101 | | - | contributions are received. If the amount of tax credits |
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102 | | - | redeemed in a tax year is less than five hundred thousand |
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103 | | - | 4 |
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104 | | - | dollars, the difference shall be adde d to the cumulative |
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105 | | - | limit created under this subsection for the next fiscal year |
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106 | | - | and carried over to subsequent fiscal years until claimed. |
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107 | | - | 9. The department shall establish a procedure by |
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108 | | - | which, from the beginning of the fiscal year until some |
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109 | | - | point in time later in the fiscal year to be determined by |
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110 | | - | the department, the cumulative amount of tax credits are |
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111 | | - | equally apportioned among all entities classified as diaper |
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112 | | - | banks. If a diaper bank fails to use all, or some |
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113 | | - | percentage to be determine d by the department, of its |
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114 | | - | apportioned tax credits during this predetermined period of |
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115 | | - | time, the department may reapportion such unused tax credits |
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116 | | - | to diaper banks that have used all, or some percentage to be |
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117 | | - | determined by the department, of their app ortioned tax |
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118 | | - | credits during this predetermined period of time. The |
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119 | | - | department may establish multiple periods each fiscal year |
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120 | | - | and reapportion accordingly. To the maximum extent |
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121 | | - | possible, the department shall establish the procedure |
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122 | | - | described under this subsection in such a manner as to |
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123 | | - | ensure that taxpayers can claim as many of the tax credits |
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124 | | - | as possible, up to the cumulative limit created under |
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125 | | - | subsection 8 of this section. |
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126 | | - | 10. Each diaper bank shall provide information to the |
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127 | | - | department concerning the identity of each taxpayer making a |
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128 | | - | contribution and the amount of the contribution. The |
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129 | | - | department shall provide the information to the department |
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130 | | - | of revenue. The department shall be subject to the |
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131 | | - | confidentiality and penalty provision s of section 32.057 |
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132 | | - | relating to the disclosure of tax information. |
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133 | | - | 11. Under section 23.253 of the Missouri sunset act: |
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134 | | - | (1) The provisions of the program authorized under |
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135 | | - | this section shall automatically sunset on December thirty - |
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136 | | - | 5 |
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137 | | - | first six years after August 28, [2018] 2025, unless |
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138 | | - | reauthorized by an act of the general assembly; |
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139 | | - | (2) If such program is reauthorized, the program |
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140 | | - | authorized under this section shall automatically sunset on |
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141 | | - | December thirty-first six years after the effect ive date of |
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142 | | - | the reauthorization of this section; |
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143 | | - | (3) This section shall terminate on September first of |
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144 | | - | the calendar year immediately following the calendar year in |
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145 | | - | which the program authorized under this section is sunset; |
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146 | | - | and |
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147 | | - | (4) The provisions of this subsection shall not be |
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148 | | - | construed to limit or in any way impair the department's |
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149 | | - | ability to issue tax credits authorized on or before the |
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150 | | - | date the program authorized under this section expires or a |
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151 | | - | taxpayer's ability to redeem such tax c redits. |
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152 | | - | 144.022. 1. Notwithstanding other provisions of law |
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153 | | - | to the contrary, beginning August 28, 2025, the tax levied |
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154 | | - | and imposed pursuant to this chapter on all retail sales of |
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155 | | - | diapers, incontinence products, and feminine hygiene |
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156 | | - | products shall be at the rate of one percent. The revenue |
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157 | | - | derived from the one percent rate pursuant to this section |
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158 | | - | shall be deposited by the state treasurer in the general |
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159 | | - | revenue fund. |
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160 | | - | 2. For the purposes of this section, the following |
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161 | | - | terms shall mean: |
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162 | | - | (1) "Diapers", absorbent garments worn by infants or |
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163 | | - | toddlers who are not toilet -trained or by individuals who |
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164 | | - | are incapable of controlling their bladder or bowel |
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165 | | - | movements; |
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166 | | - | (2) "Feminine hygiene products", personal care |
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167 | | - | products used to manage menstrual flow including, but not |
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168 | | - | limited to, tampons, pads, liners, and cups; |
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169 | | - | 6 |
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170 | | - | (3) "Incontinence products", products designed |
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171 | | - | specifically for hygiene matters related to urinary |
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172 | | - | incontinence. |
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| 14 | + | Section A. Sections 135.621 and 144.030, RSMo, are 1 |
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| 15 | + | repealed and two new sections enacted in lieu thereof, to be 2 |
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| 16 | + | known as sections 135.621 and 144.03 0, to read as follows:3 |
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| 17 | + | 135.621. 1. As used in this section, the following 1 |
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| 18 | + | terms mean: 2 |
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| 19 | + | (1) "Contribution", a donation of cash, stock, bonds, 3 |
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| 20 | + | other marketable securities, or real property; 4 |
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| 21 | + | (2) "Department", the department of social serv ices; 5 |
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| 22 | + | (3) "Diaper bank", a nonprofit entity located in this 6 |
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| 23 | + | state [established and operating primarily for the purpose 7 |
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| 24 | + | of collecting or purchasing ] that meets the following 8 |
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| 25 | + | criteria: 9 |
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| 26 | + | (a) Collects, purchases, warehouses, and manages a 10 |
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| 27 | + | community inventory of disposable diapers or other hygiene 11 |
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| 28 | + | products for infants, children, or incontinent adults [and 12 |
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| 29 | + | that]; 13 |
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| 30 | + | (b) Regularly distributes a consistent and reliable 14 |
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| 31 | + | supply of such diapers or other hygiene products through two 15 |
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| 32 | + | or more schools, health care facilities, governmental 16 |
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| 33 | + | agencies, or other nonprofit entities for eventual 17 SB 95 2 |
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| 34 | + | distribution to individuals free of charge , with the 18 |
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| 35 | + | intention of reducing diaper need ; and 19 |
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| 36 | + | (c) Is a member of a national network organization 20 |
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| 37 | + | serving all fifty states through which certification 21 |
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| 38 | + | demonstrates nonprofit best practices, data -driven program 22 |
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| 39 | + | design, and equitable distribution focused on best serving 23 |
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| 40 | + | infants, children, and incontinent adults; 24 |
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| 41 | + | (4) "Tax credit", a credit against the tax ot herwise 25 |
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| 42 | + | due under chapter 143, excluding withholding tax imposed 26 |
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| 43 | + | under sections 143.191 to 143.265, or otherwise due under 27 |
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| 44 | + | chapter 148 or 153; 28 |
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| 45 | + | (5) "Taxpayer", a person, firm, partner in a firm, 29 |
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| 46 | + | corporation, or shareholder in an S corporation doin g 30 |
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| 47 | + | business in the state of Missouri and subject to the state 31 |
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| 48 | + | income tax imposed under chapter 143; an insurance company 32 |
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| 49 | + | paying an annual tax on its gross premium receipts in this 33 |
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| 50 | + | state; any other financial institution paying taxes to the 34 |
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| 51 | + | state of Missouri or any political subdivision of this state 35 |
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| 52 | + | under chapter 148; an express company that pays an annual 36 |
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| 53 | + | tax on its gross receipts in this state under chapter 153; 37 |
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| 54 | + | an individual subject to the state income tax under chapter 38 |
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| 55 | + | 143; or any charitable orga nization that is exempt from 39 |
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| 56 | + | federal income tax and whose Missouri unrelated business 40 |
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| 57 | + | taxable income, if any, would be subject to the state income 41 |
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| 58 | + | tax imposed under chapter 143. 42 |
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| 59 | + | 2. For all fiscal years beginning on or after July 1, 43 |
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| 60 | + | 2019, a taxpayer shall be allowed to claim a tax credit 44 |
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| 61 | + | against the taxpayer's state tax liability in an amount 45 |
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| 62 | + | equal to fifty percent of the amount of such taxpayer's 46 |
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| 63 | + | contributions to a diaper bank. 47 |
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| 64 | + | 3. The amount of the tax credit claimed shall not 48 |
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| 65 | + | exceed the amount of the taxpayer's state tax liability for 49 SB 95 3 |
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| 66 | + | the tax year for which the credit is claimed, and such 50 |
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| 67 | + | taxpayer shall not be allowed to claim a tax credit in 51 |
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| 68 | + | excess of fifty thousand dollars per tax year. However, any 52 |
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| 69 | + | tax credit that cannot be claim ed in the tax year the 53 |
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| 70 | + | contribution was made may be carried over only to the next 54 |
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| 71 | + | subsequent tax year. No tax credit issued under this 55 |
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| 72 | + | section shall be assigned, transferred, or sold. 56 |
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| 73 | + | 4. Except for any excess credit that is carried over 57 |
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| 74 | + | under subsection 3 of this section, no taxpayer shall be 58 |
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| 75 | + | allowed to claim a tax credit unless the taxpayer 59 |
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| 76 | + | contributes at least one hundred dollars to one or more 60 |
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| 77 | + | diaper banks during the tax year for which the credit is 61 |
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| 78 | + | claimed. 62 |
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| 79 | + | 5. The department shall d etermine, at least annually, 63 |
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| 80 | + | which entities in this state qualify as diaper banks. The 64 |
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| 81 | + | department may require of an entity seeking to be classified 65 |
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| 82 | + | as a diaper bank any information which is reasonably 66 |
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| 83 | + | necessary to make such a determination. The department 67 |
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| 84 | + | shall classify an entity as a diaper bank if such entity 68 |
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| 85 | + | satisfies the definition under subsection 1 of this section. 69 |
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| 86 | + | 6. The department shall establish a procedure by which 70 |
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| 87 | + | a taxpayer can determine if an entity has been classified as 71 |
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| 88 | + | a diaper bank. 72 |
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| 89 | + | 7. Diaper banks may decline a contribution from a 73 |
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| 90 | + | taxpayer. 74 |
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| 91 | + | 8. The cumulative amount of tax credits that may be 75 |
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| 92 | + | claimed by all the taxpayers contributing to diaper banks in 76 |
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| 93 | + | any one fiscal year shall not exceed five hundred thousand 77 |
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| 94 | + | dollars. Tax credits shall be issued in the order 78 |
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| 95 | + | contributions are received. If the amount of tax credits 79 |
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| 96 | + | redeemed in a tax year is less than five hundred thousand 80 |
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| 97 | + | dollars, the difference shall be added to the cumulative 81 SB 95 4 |
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| 98 | + | limit created under this su bsection for the next fiscal year 82 |
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| 99 | + | and carried over to subsequent fiscal years until claimed. 83 |
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| 100 | + | 9. The department shall establish a procedure by 84 |
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| 101 | + | which, from the beginning of the fiscal year until some 85 |
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| 102 | + | point in time later in the fiscal year to be dete rmined by 86 |
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| 103 | + | the department, the cumulative amount of tax credits are 87 |
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| 104 | + | equally apportioned among all entities classified as diaper 88 |
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| 105 | + | banks. If a diaper bank fails to use all, or some 89 |
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| 106 | + | percentage to be determined by the department, of its 90 |
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| 107 | + | apportioned tax credits during this predetermined period of 91 |
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| 108 | + | time, the department may reapportion such unused tax credits 92 |
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| 109 | + | to diaper banks that have used all, or some percentage to be 93 |
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| 110 | + | determined by the department, of their apportioned tax 94 |
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| 111 | + | credits during this predetermined period of time. The 95 |
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| 112 | + | department may establish multiple periods each fiscal year 96 |
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| 113 | + | and reapportion accordingly. To the maximum extent 97 |
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| 114 | + | possible, the department shall establish the procedure 98 |
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| 115 | + | described under this subsection in such a manner as to 99 |
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| 116 | + | ensure that taxpayers can claim as many of the tax credits 100 |
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| 117 | + | as possible, up to the cumulative limit created under 101 |
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| 118 | + | subsection 8 of this section. 102 |
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| 119 | + | 10. Each diaper bank shall provide information to the 103 |
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| 120 | + | department concerning the identity of each taxpayer making a 104 |
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| 121 | + | contribution and the amount of the contribution. The 105 |
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| 122 | + | department shall provide the information to the department 106 |
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| 123 | + | of revenue. The department shall be subject to the 107 |
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| 124 | + | confidentiality and penalty provisions of section 32.057 108 |
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| 125 | + | relating to the disclosure of tax information. 109 |
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| 126 | + | 11. Under section 23.253 of the Missouri sunset act: 110 |
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| 127 | + | (1) The provisions of the program authorized under 111 |
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| 128 | + | this section shall automatically sunset on December thirty - 112 SB 95 5 |
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| 129 | + | first six years after August 28, [2018] 2025, unless 113 |
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| 130 | + | reauthorized by an act of the general assembly; 114 |
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| 131 | + | (2) If such program is reauthorized, the program 115 |
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| 132 | + | authorized under this section shall automatically sunset on 116 |
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| 133 | + | December thirty-first six years after the effective date of 117 |
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| 134 | + | the reauthorization of this section ; 118 |
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| 135 | + | (3) This section shall terminate on September first of 119 |
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| 136 | + | the calendar year immediately following the calendar year in 120 |
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| 137 | + | which the program authorized under this section is sunset; 121 |
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| 138 | + | and 122 |
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| 139 | + | (4) The provisions of this subsection shall not be 123 |
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| 140 | + | construed to limit or in any way impair the department's 124 |
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| 141 | + | ability to issue tax credits authorized on or before the 125 |
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| 142 | + | date the program authorized under this section expires or a 126 |
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| 143 | + | taxpayer's ability to redeem such tax credits. 127 |
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| 144 | + | 144.030. 1. There is hereby specifically exempted 1 |
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| 145 | + | from the provisions of sections 144.010 to 144.525 and from 2 |
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| 146 | + | the computation of the tax levied, assessed or payable 3 |
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| 147 | + | pursuant to sections 144.010 to 144.525 such retail sales as 4 |
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| 148 | + | may be made in commerce between this state an d any other 5 |
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| 149 | + | state of the United States, or between this state and any 6 |
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| 150 | + | foreign country, and any retail sale which the state of 7 |
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| 151 | + | Missouri is prohibited from taxing pursuant to the 8 |
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| 152 | + | Constitution or laws of the United States of America, and 9 |
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| 153 | + | such retail sales of tangible personal property which the 10 |
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| 154 | + | general assembly of the state of Missouri is prohibited from 11 |
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| 155 | + | taxing or further taxing by the constitution of this state. 12 |
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| 156 | + | 2. There are also specifically exempted from the 13 |
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| 157 | + | provisions of the local sales tax l aw as defined in section 14 |
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| 158 | + | 32.085, section 238.235, and sections 144.010 to 144.525 and 15 |
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| 159 | + | 144.600 to 144.761 and from the computation of the tax 16 |
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| 160 | + | levied, assessed or payable pursuant to the local sales tax 17 SB 95 6 |
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| 161 | + | law as defined in section 32.085, section 238.235, and 18 |
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| 162 | + | sections 144.010 to 144.525 and 144.600 to 144.745: 19 |
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| 163 | + | (1) Motor fuel or special fuel subject to an excise 20 |
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| 164 | + | tax of this state, unless all or part of such excise tax is 21 |
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| 165 | + | refunded pursuant to section 142.824; or upon the sale at 22 |
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| 166 | + | retail of fuel to be consumed in manufacturing or creating 23 |
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| 167 | + | gas, power, steam, electrical current or in furnishing water 24 |
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| 168 | + | to be sold ultimately at retail; or feed for livestock or 25 |
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| 169 | + | poultry; or grain to be converted into foodstuffs which are 26 |
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| 170 | + | to be sold ultimately in processed form at retail; or seed, 27 |
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| 171 | + | limestone or fertilizer which is to be used for seeding, 28 |
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| 172 | + | liming or fertilizing crops which when harvested will be 29 |
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| 173 | + | sold at retail or will be fed to livestock or poultry to be 30 |
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| 174 | + | sold ultimately in processed form at retail; economi c 31 |
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| 175 | + | poisons registered pursuant to the provisions of the 32 |
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| 176 | + | Missouri pesticide registration [law] act, sections 33 |
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| 177 | + | [281.220] 281.210 to 281.310, which are to be used in 34 |
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| 178 | + | connection with the growth or production of crops, fruit 35 |
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| 179 | + | trees or orchards applied before, during, or after planting, 36 |
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| 180 | + | the crop of which when harvested will be sold at retail or 37 |
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| 181 | + | will be converted into foodstuffs which are to be sold 38 |
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| 182 | + | ultimately in processed form at retail; 39 |
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| 183 | + | (2) Materials, manufactured goods, machinery and parts 40 |
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| 184 | + | which when used in manufacturing, processing, compounding, 41 |
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| 185 | + | mining, producing or fabricating become a component part or 42 |
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| 186 | + | ingredient of the new personal property resulting from such 43 |
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| 187 | + | manufacturing, processing, compounding, mining, producing or 44 |
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| 188 | + | fabricating and which new personal property is intended to 45 |
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| 189 | + | be sold ultimately for final use or consumption; and 46 |
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| 190 | + | materials, including without limitation, gases and 47 |
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| 191 | + | manufactured goods, including without limitation slagging 48 |
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| 192 | + | materials and firebrick, which are ultimately consum ed in 49 SB 95 7 |
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| 193 | + | the manufacturing process by blending, reacting or 50 |
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| 194 | + | interacting with or by becoming, in whole or in part, 51 |
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| 195 | + | component parts or ingredients of steel products intended to 52 |
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| 196 | + | be sold ultimately for final use or consumption; 53 |
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| 197 | + | (3) Materials, replacemen t parts and equipment 54 |
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| 198 | + | purchased for use directly upon, and for the repair and 55 |
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| 199 | + | maintenance or manufacture of, motor vehicles, watercraft, 56 |
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| 200 | + | railroad rolling stock or aircraft engaged as common 57 |
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| 201 | + | carriers of persons or property; 58 |
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| 202 | + | (4) Replacement machinery, equipment, and parts and 59 |
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| 203 | + | the materials and supplies solely required for the 60 |
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| 204 | + | installation or construction of such replacement machinery, 61 |
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| 205 | + | equipment, and parts, used directly in manufacturing, 62 |
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| 206 | + | mining, fabricating or producing a product which is intend ed 63 |
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| 207 | + | to be sold ultimately for final use or consumption; and 64 |
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| 208 | + | machinery and equipment, and the materials and supplies 65 |
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| 209 | + | required solely for the operation, installation or 66 |
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| 210 | + | construction of such machinery and equipment, purchased and 67 |
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| 211 | + | used to establish new, or to replace or expand existing, 68 |
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| 212 | + | material recovery processing plants in this state. For the 69 |
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| 213 | + | purposes of this subdivision, a "material recovery 70 |
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| 214 | + | processing plant" means a facility that has as its primary 71 |
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| 215 | + | purpose the recovery of materials into a usable pr oduct or a 72 |
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| 216 | + | different form which is used in producing a new product and 73 |
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| 217 | + | shall include a facility or equipment which are used 74 |
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| 218 | + | exclusively for the collection of recovered materials for 75 |
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| 219 | + | delivery to a material recovery processing plant but shall 76 |
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| 220 | + | not include motor vehicles used on highways. For purposes 77 |
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| 221 | + | of this section, the terms motor vehicle and highway shall 78 |
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| 222 | + | have the same meaning pursuant to section 301.010. For the 79 |
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| 223 | + | purposes of this subdivision, subdivision (5) of this 80 |
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| 224 | + | subsection, and section 144.05 4, as well as the definition 81 SB 95 8 |
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| 225 | + | in subdivision (9) of subsection 1 of section 144.010, the 82 |
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| 226 | + | term "product" includes telecommunications services and the 83 |
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| 227 | + | term "manufacturing" shall include the production, or 84 |
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| 228 | + | production and transmission, of telecommunications 85 |
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| 229 | + | services. The preceding sentence does not make a 86 |
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| 230 | + | substantive change in the law and is intended to clarify 87 |
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| 231 | + | that the term "manufacturing" has included and continues to 88 |
---|
| 232 | + | include the production and transmission of 89 |
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| 233 | + | "telecommunications services", as enacte d in this 90 |
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| 234 | + | subdivision and subdivision (5) of this subsection, as well 91 |
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| 235 | + | as the definition in subdivision (9) of subsection 1 of 92 |
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| 236 | + | section 144.010. The preceding two sentences reaffirm 93 |
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| 237 | + | legislative intent consistent with the interpretation of 94 |
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| 238 | + | this subdivision and subdivision (5) of this subsection in 95 |
---|
| 239 | + | Southwestern Bell Tel. Co. v. Director of Revenue, 78 S.W.3d 96 |
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| 240 | + | 763 (Mo. banc 2002) and Southwestern Bell Tel. Co. v. 97 |
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| 241 | + | Director of Revenue, 182 S.W.3d 226 (Mo. banc 2005), and 98 |
---|
| 242 | + | accordingly abrogates the Missouri supreme court's 99 |
---|
| 243 | + | interpretation of those exemptions in IBM Corporation v. 100 |
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| 244 | + | Director of Revenue, 491 S.W.3d 535 (Mo. banc 2016) to the 101 |
---|
| 245 | + | extent inconsistent with this section and Southwestern Bell 102 |
---|
| 246 | + | Tel. Co. v. Director of Revenue, 78 S.W.3d 763 (Mo. banc 103 |
---|
| 247 | + | 2002) and Southwestern Bell Tel. Co. v. Director of Revenue, 104 |
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| 248 | + | 182 S.W.3d 226 (Mo. banc 2005). The construction and 105 |
---|
| 249 | + | application of this subdivision as expressed by the Missouri 106 |
---|
| 250 | + | supreme court in DST Systems, Inc. v. Director of Revenue, 107 |
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| 251 | + | 43 S.W.3d 799 (Mo. banc 2001); Southwestern Bell Tel. Co. v. 108 |
---|
| 252 | + | Director of Revenue, 78 S.W.3d 763 (Mo. banc 2002); and 109 |
---|
| 253 | + | Southwestern Bell Tel. Co. v. Director of Revenue, 182 110 |
---|
| 254 | + | S.W.3d 226 (Mo. banc 2005), is hereby affirmed. Material 111 |
---|
| 255 | + | recovery is not the reuse of materials w ithin a 112 |
---|
| 256 | + | manufacturing process or the use of a product previously 113 SB 95 9 |
---|
| 257 | + | recovered. The material recovery processing plant shall 114 |
---|
| 258 | + | qualify under the provisions of this section regardless of 115 |
---|
| 259 | + | ownership of the material being recovered; 116 |
---|
| 260 | + | (5) Machinery and equipment, and parts and the 117 |
---|
| 261 | + | materials and supplies solely required for the installation 118 |
---|
| 262 | + | or construction of such machinery and equipment, purchased 119 |
---|
| 263 | + | and used to establish new or to expand existing 120 |
---|
| 264 | + | manufacturing, mining or fabricating plants in the state if 121 |
---|
| 265 | + | such machinery and equipment is used directly in 122 |
---|
| 266 | + | manufacturing, mining or fabricating a product which is 123 |
---|
| 267 | + | intended to be sold ultimately for final use or 124 |
---|
| 268 | + | consumption. The construction and application of this 125 |
---|
| 269 | + | subdivision as expressed by the Missouri su preme court in 126 |
---|
| 270 | + | DST Systems, Inc. v. Director of Revenue, 43 S.W.3d 799 (Mo. 127 |
---|
| 271 | + | banc 2001); Southwestern Bell Tel. Co. v. Director of 128 |
---|
| 272 | + | Revenue, 78 S.W.3d 763 (Mo. banc 2002); and Southwestern 129 |
---|
| 273 | + | Bell Tel. Co. v. Director of Revenue, 182 S.W.3d 226 (Mo. 130 |
---|
| 274 | + | banc 2005), is hereby affirmed; 131 |
---|
| 275 | + | (6) Tangible personal property which is used 132 |
---|
| 276 | + | exclusively in the manufacturing, processing, modification 133 |
---|
| 277 | + | or assembling of products sold to the United States 134 |
---|
| 278 | + | government or to any agency of the United States government; 135 |
---|
| 279 | + | (7) Animals or poultry used for breeding or feeding 136 |
---|
| 280 | + | purposes, or captive wildlife; 137 |
---|
| 281 | + | (8) Newsprint, ink, computers, photosensitive paper 138 |
---|
| 282 | + | and film, toner, printing plates and other machinery, 139 |
---|
| 283 | + | equipment, replacement parts and supplies used in produc ing 140 |
---|
| 284 | + | newspapers published for dissemination of news to the 141 |
---|
| 285 | + | general public; 142 |
---|
| 286 | + | (9) The rentals of films, records or any type of sound 143 |
---|
| 287 | + | or picture transcriptions for public commercial display; 144 SB 95 10 |
---|
| 288 | + | (10) Pumping machinery and equipment used to propel 145 |
---|
| 289 | + | products delivered by pipelines engaged as common carriers; 146 |
---|
| 290 | + | (11) Railroad rolling stock for use in transporting 147 |
---|
| 291 | + | persons or property in interstate commerce and motor 148 |
---|
| 292 | + | vehicles licensed for a gross weight of twenty -four thousand 149 |
---|
| 293 | + | pounds or more or trail ers used by common carriers, as 150 |
---|
| 294 | + | defined in section 390.020, in the transportation of persons 151 |
---|
| 295 | + | or property; 152 |
---|
| 296 | + | (12) Electrical energy used in the actual primary 153 |
---|
| 297 | + | manufacture, processing, compounding, mining or producing of 154 |
---|
| 298 | + | a product, or electrical ener gy used in the actual secondary 155 |
---|
| 299 | + | processing or fabricating of the product, or a material 156 |
---|
| 300 | + | recovery processing plant as defined in subdivision (4) of 157 |
---|
| 301 | + | this subsection, in facilities owned or leased by the 158 |
---|
| 302 | + | taxpayer, if the total cost of electrical energy so used 159 |
---|
| 303 | + | exceeds ten percent of the total cost of production, either 160 |
---|
| 304 | + | primary or secondary, exclusive of the cost of electrical 161 |
---|
| 305 | + | energy so used or if the raw materials used in such 162 |
---|
| 306 | + | processing contain at least twenty -five percent recovered 163 |
---|
| 307 | + | materials as defined in section 260.200. There shall be a 164 |
---|
| 308 | + | rebuttable presumption that the raw materials used in the 165 |
---|
| 309 | + | primary manufacture of automobiles contain at least twenty - 166 |
---|
| 310 | + | five percent recovered materials. For purposes of this 167 |
---|
| 311 | + | subdivision, "processing" means any m ode of treatment, act 168 |
---|
| 312 | + | or series of acts performed upon materials to transform and 169 |
---|
| 313 | + | reduce them to a different state or thing, including 170 |
---|
| 314 | + | treatment necessary to maintain or preserve such processing 171 |
---|
| 315 | + | by the producer at the production facility; 172 |
---|
| 316 | + | (13) Anodes which are used or consumed in 173 |
---|
| 317 | + | manufacturing, processing, compounding, mining, producing or 174 |
---|
| 318 | + | fabricating and which have a useful life of less than one 175 |
---|
| 319 | + | year; 176 SB 95 11 |
---|
| 320 | + | (14) Machinery, equipment, appliances and devices 177 |
---|
| 321 | + | purchased or leased and used solely for the purpose of 178 |
---|
| 322 | + | preventing, abating or monitoring air pollution, and 179 |
---|
| 323 | + | materials and supplies solely required for the installation, 180 |
---|
| 324 | + | construction or reconstruction of such machinery, equipment, 181 |
---|
| 325 | + | appliances and devices; 182 |
---|
| 326 | + | (15) Machinery, equipment, a ppliances and devices 183 |
---|
| 327 | + | purchased or leased and used solely for the purpose of 184 |
---|
| 328 | + | preventing, abating or monitoring water pollution, and 185 |
---|
| 329 | + | materials and supplies solely required for the installation, 186 |
---|
| 330 | + | construction or reconstruction of such machinery, equipment , 187 |
---|
| 331 | + | appliances and devices; 188 |
---|
| 332 | + | (16) Tangible personal property purchased by a rural 189 |
---|
| 333 | + | water district; 190 |
---|
| 334 | + | (17) All amounts paid or charged for admission or 191 |
---|
| 335 | + | participation or other fees paid by or other charges to 192 |
---|
| 336 | + | individuals in or for any place of amus ement, entertainment 193 |
---|
| 337 | + | or recreation, games or athletic events, including museums, 194 |
---|
| 338 | + | fairs, zoos and planetariums, owned or operated by a 195 |
---|
| 339 | + | municipality or other political subdivision where all the 196 |
---|
| 340 | + | proceeds derived therefrom benefit the municipality or other 197 |
---|
| 341 | + | political subdivision and do not inure to any private 198 |
---|
| 342 | + | person, firm, or corporation, provided, however, that a 199 |
---|
| 343 | + | municipality or other political subdivision may enter into 200 |
---|
| 344 | + | revenue-sharing agreements with private persons, firms, or 201 |
---|
| 345 | + | corporations providing goods or services, including 202 |
---|
| 346 | + | management services, in or for the place of amusement, 203 |
---|
| 347 | + | entertainment or recreation, games or athletic events, and 204 |
---|
| 348 | + | provided further that nothing in this subdivision shall 205 |
---|
| 349 | + | exempt from tax any amounts retained by any private person, 206 |
---|
| 350 | + | firm, or corporation under such revenue -sharing agreement; 207 SB 95 12 |
---|
| 351 | + | (18) All sales of insulin, and all sales, rentals, 208 |
---|
| 352 | + | repairs, and parts of durable medical equipment, prosthetic 209 |
---|
| 353 | + | devices, and orthopedic devices as defined on January 1, 210 |
---|
| 354 | + | 1980, by the federal Medicare program pursuant to Title 211 |
---|
| 355 | + | XVIII of the Social Security Act of 1965, including the 212 |
---|
| 356 | + | items specified in Section 1862(a)(12) of that act (42 213 |
---|
| 357 | + | U.S.C. Section 1395y, as amended) , and also specifically 214 |
---|
| 358 | + | including hearing aids and hearing aid supplies and all 215 |
---|
| 359 | + | sales of drugs which may be legally dispensed by a licensed 216 |
---|
| 360 | + | pharmacist only upon a lawful prescription of a practitioner 217 |
---|
| 361 | + | licensed to administer those items, including samples and 218 |
---|
| 362 | + | materials used to manufacture samples which may be dispe nsed 219 |
---|
| 363 | + | by a practitioner authorized to dispense such samples and 220 |
---|
| 364 | + | all sales or rental of medical oxygen, home respiratory 221 |
---|
| 365 | + | equipment and accessories including parts, and hospital beds 222 |
---|
| 366 | + | and accessories and ambulatory aids including parts, and all 223 |
---|
| 367 | + | sales or rental of manual and powered wheelchairs including 224 |
---|
| 368 | + | parts, and stairway lifts, Braille writers, electronic 225 |
---|
| 369 | + | Braille equipment and, if purchased or rented by or on 226 |
---|
| 370 | + | behalf of a person with one or more physical or mental 227 |
---|
| 371 | + | disabilities to enable them to functi on more independently, 228 |
---|
| 372 | + | all sales or rental of scooters including parts, and reading 229 |
---|
| 373 | + | machines, electronic print enlargers and magnifiers, 230 |
---|
| 374 | + | electronic alternative and augmentative communication 231 |
---|
| 375 | + | devices, and items used solely to modify motor vehicles to 232 |
---|
| 376 | + | permit the use of such motor vehicles by individuals with 233 |
---|
| 377 | + | disabilities or sales of over -the-counter or nonprescription 234 |
---|
| 378 | + | drugs to individuals with disabilities, and drugs required 235 |
---|
| 379 | + | by the Food and Drug Administration to meet the over -the- 236 |
---|
| 380 | + | counter drug product labeling requirements in 21 CFR 201.66, 237 |
---|
| 381 | + | or its successor, as prescribed by a health care 238 |
---|
| 382 | + | practitioner licensed to prescribe; 239 SB 95 13 |
---|
| 383 | + | (19) All sales made by or to religious and charitable 240 |
---|
| 384 | + | organizations and institutions in their religious, 241 |
---|
| 385 | + | charitable or educational functions and activities and all 242 |
---|
| 386 | + | sales made by or to all elementary and secondary schools 243 |
---|
| 387 | + | operated at public expense in their educational functions 244 |
---|
| 388 | + | and activities; 245 |
---|
| 389 | + | (20) All sales of aircraft to common carriers for 246 |
---|
| 390 | + | storage or for use in interstate commerce and all sales made 247 |
---|
| 391 | + | by or to not-for-profit civic, social, service or fraternal 248 |
---|
| 392 | + | organizations, including fraternal organizations which have 249 |
---|
| 393 | + | been declared tax-exempt organizations pursuant to Section 250 |
---|
| 394 | + | 501(c)(8) or (10) of the 1986 I nternal Revenue Code, as 251 |
---|
| 395 | + | amended, in their civic or charitable functions and 252 |
---|
| 396 | + | activities and all sales made to eleemosynary and penal 253 |
---|
| 397 | + | institutions and industries of the state, and all sales made 254 |
---|
| 398 | + | to any private not-for-profit institution of higher 255 |
---|
| 399 | + | education not otherwise excluded pursuant to subdivision 256 |
---|
| 400 | + | (19) of this subsection or any institution of higher 257 |
---|
| 401 | + | education supported by public funds, and all sales made to a 258 |
---|
| 402 | + | state relief agency in the exercise of relief functions and 259 |
---|
| 403 | + | activities; 260 |
---|
| 404 | + | (21) All ticket sales made by benevolent, scientific 261 |
---|
| 405 | + | and educational associations which are formed to foster, 262 |
---|
| 406 | + | encourage, and promote progress and improvement in the 263 |
---|
| 407 | + | science of agriculture and in the raising and breeding of 264 |
---|
| 408 | + | animals, and by nonprofit summer thea ter organizations if 265 |
---|
| 409 | + | such organizations are exempt from federal tax pursuant to 266 |
---|
| 410 | + | the provisions of the Internal Revenue Code and all 267 |
---|
| 411 | + | admission charges and entry fees to the Missouri state fair 268 |
---|
| 412 | + | or any fair conducted by a county agricultural and 269 |
---|
| 413 | + | mechanical society organized and operated pursuant to 270 |
---|
| 414 | + | sections 262.290 to 262.530; 271 SB 95 14 |
---|
| 415 | + | (22) All sales made to any private not -for-profit 272 |
---|
| 416 | + | elementary or secondary school, all sales of feed additives, 273 |
---|
| 417 | + | medications or vaccines administered to livestock or poultry 274 |
---|
| 418 | + | in the production of food or fiber, all sales of pesticides 275 |
---|
| 419 | + | used in the production of crops, livestock or poultry for 276 |
---|
| 420 | + | food or fiber, all sales of bedding used in the production 277 |
---|
| 421 | + | of livestock or poultry for food or fiber, all sales of 278 |
---|
| 422 | + | propane or natural gas, electricity or diesel fuel used 279 |
---|
| 423 | + | exclusively for drying agricultural crops, natural gas used 280 |
---|
| 424 | + | in the primary manufacture or processing of fuel ethanol as 281 |
---|
| 425 | + | defined in section 142.028, natural gas, propane, and 282 |
---|
| 426 | + | electricity used by an eligible new gene ration cooperative 283 |
---|
| 427 | + | or an eligible new generation processing entity as defined 284 |
---|
| 428 | + | in section 348.432, and all sales of farm machinery and 285 |
---|
| 429 | + | equipment, other than airplanes, motor vehicles and 286 |
---|
| 430 | + | trailers, and any freight charges on any exempt item. As 287 |
---|
| 431 | + | used in this subdivision, the term "feed additives" means 288 |
---|
| 432 | + | tangible personal property which, when mixed with feed for 289 |
---|
| 433 | + | livestock or poultry, is to be used in the feeding of 290 |
---|
| 434 | + | livestock or poultry. As used in this subdivision, the term 291 |
---|
| 435 | + | "pesticides" includes adjuv ants such as crop oils, 292 |
---|
| 436 | + | surfactants, wetting agents and other assorted pesticide 293 |
---|
| 437 | + | carriers used to improve or enhance the effect of a 294 |
---|
| 438 | + | pesticide and the foam used to mark the application of 295 |
---|
| 439 | + | pesticides and herbicides for the production of crops, 296 |
---|
| 440 | + | livestock or poultry. As used in this subdivision, the term 297 |
---|
| 441 | + | "farm machinery and equipment" shall mean: 298 |
---|
| 442 | + | (a) New or used farm tractors and such other new or 299 |
---|
| 443 | + | used farm machinery and equipment, including utility 300 |
---|
| 444 | + | vehicles used for any agricultural use, and re pair or 301 |
---|
| 445 | + | replacement parts thereon and any accessories for and 302 |
---|
| 446 | + | upgrades to such farm machinery and equipment and rotary 303 SB 95 15 |
---|
| 447 | + | mowers used for any agricultural purposes. For the purposes 304 |
---|
| 448 | + | of this subdivision, "utility vehicle" shall mean any 305 |
---|
| 449 | + | motorized vehicle manufactured and used exclusively for off - 306 |
---|
| 450 | + | highway use which is more than fifty inches but no more than 307 |
---|
| 451 | + | eighty inches in width, measured from outside of tire rim to 308 |
---|
| 452 | + | outside of tire rim, with an unladen dry weight of three 309 |
---|
| 453 | + | thousand five hundred pounds o r less, traveling on four or 310 |
---|
| 454 | + | six wheels; 311 |
---|
| 455 | + | (b) Supplies and lubricants used exclusively, solely, 312 |
---|
| 456 | + | and directly for producing crops, raising and feeding 313 |
---|
| 457 | + | livestock, fish, poultry, pheasants, chukar, quail, or for 314 |
---|
| 458 | + | producing milk for ultimate sale at re tail, including field 315 |
---|
| 459 | + | drain tile; and 316 |
---|
| 460 | + | (c) One-half of each purchaser's purchase of diesel 317 |
---|
| 461 | + | fuel therefor which is: 318 |
---|
| 462 | + | a. Used exclusively for agricultural purposes; 319 |
---|
| 463 | + | b. Used on land owned or leased for the purpose of 320 |
---|
| 464 | + | producing farm products ; and 321 |
---|
| 465 | + | c. Used directly in producing farm products to be sold 322 |
---|
| 466 | + | ultimately in processed form or otherwise at retail or in 323 |
---|
| 467 | + | producing farm products to be fed to livestock or poultry to 324 |
---|
| 468 | + | be sold ultimately in processed form at retail; 325 |
---|
| 469 | + | (23) Except as otherwise provided in section 144.032, 326 |
---|
| 470 | + | all sales of metered water service, electricity, electrical 327 |
---|
| 471 | + | current, natural, artificial or propane gas, wood, coal or 328 |
---|
| 472 | + | home heating oil for domestic use and in any city not within 329 |
---|
| 473 | + | a county, all sales of metered or unmetered water service 330 |
---|
| 474 | + | for domestic use: 331 |
---|
| 475 | + | (a) "Domestic use" means that portion of metered water 332 |
---|
| 476 | + | service, electricity, electrical current, natural, 333 |
---|
| 477 | + | artificial or propane gas, wood, coal or home heating oil, 334 |
---|
| 478 | + | and in any city not within a county, metered or unmetered 335 SB 95 16 |
---|
| 479 | + | water service, which an individual occupant of a residential 336 |
---|
| 480 | + | premises uses for nonbusiness, noncommercial or 337 |
---|
| 481 | + | nonindustrial purposes. Utility service through a single or 338 |
---|
| 482 | + | master meter for residential apartments or condominiums, 339 |
---|
| 483 | + | including service for common areas and facilities and vacant 340 |
---|
| 484 | + | units, shall be deemed to be for domestic use. Each seller 341 |
---|
| 485 | + | shall establish and maintain a system whereby individual 342 |
---|
| 486 | + | purchases are determined as exempt or nonexempt; 343 |
---|
| 487 | + | (b) Regulated utility sellers shall determine whether 344 |
---|
| 488 | + | individual purchases are exempt or nonexempt based upon the 345 |
---|
| 489 | + | seller's utility service rate classifications as contained 346 |
---|
| 490 | + | in tariffs on file with and approved by the Missouri public 347 |
---|
| 491 | + | service commission. Sales and purchases made pursuant to 348 |
---|
| 492 | + | the rate classification "residential" and sales to and 349 |
---|
| 493 | + | purchases made by or on behalf of the occupants of 350 |
---|
| 494 | + | residential apartments or condominiums through a single or 351 |
---|
| 495 | + | master meter, including service for common areas and 352 |
---|
| 496 | + | facilities and vacant units, shall be considered as sales 353 |
---|
| 497 | + | made for domestic use and such sales shall be exempt from 354 |
---|
| 498 | + | sales tax. Sellers shall charge sales tax upon the entire 355 |
---|
| 499 | + | amount of purchases classified as nondomestic use. The 356 |
---|
| 500 | + | seller's utility service rate classif ication and the 357 |
---|
| 501 | + | provision of service thereunder shall be conclusive as to 358 |
---|
| 502 | + | whether or not the utility must charge sales tax; 359 |
---|
| 503 | + | (c) Each person making domestic use purchases of 360 |
---|
| 504 | + | services or property and who uses any portion of the 361 |
---|
| 505 | + | services or property so purchased for a nondomestic use 362 |
---|
| 506 | + | shall, by the fifteenth day of the fourth month following 363 |
---|
| 507 | + | the year of purchase, and without assessment, notice or 364 |
---|
| 508 | + | demand, file a return and pay sales tax on that portion of 365 |
---|
| 509 | + | nondomestic purchases. Each person making nondomestic 366 |
---|
| 510 | + | purchases of services or property and who uses any portion 367 SB 95 17 |
---|
| 511 | + | of the services or property so purchased for domestic use, 368 |
---|
| 512 | + | and each person making domestic purchases on behalf of 369 |
---|
| 513 | + | occupants of residential apartments or condominiums through 370 |
---|
| 514 | + | a single or master meter, including service for common areas 371 |
---|
| 515 | + | and facilities and vacant units, under a nonresidential 372 |
---|
| 516 | + | utility service rate classification may, between the first 373 |
---|
| 517 | + | day of the first month and the fifteenth day of the fourth 374 |
---|
| 518 | + | month following the yea r of purchase, apply for credit or 375 |
---|
| 519 | + | refund to the director of revenue and the director shall 376 |
---|
| 520 | + | give credit or make refund for taxes paid on the domestic 377 |
---|
| 521 | + | use portion of the purchase. The person making such 378 |
---|
| 522 | + | purchases on behalf of occupants of residential a partments 379 |
---|
| 523 | + | or condominiums shall have standing to apply to the director 380 |
---|
| 524 | + | of revenue for such credit or refund; 381 |
---|
| 525 | + | (24) All sales of handicraft items made by the seller 382 |
---|
| 526 | + | or the seller's spouse if the seller or the seller's spouse 383 |
---|
| 527 | + | is at least sixty-five years of age, and if the total gross 384 |
---|
| 528 | + | proceeds from such sales do not constitute a majority of the 385 |
---|
| 529 | + | annual gross income of the seller; 386 |
---|
| 530 | + | (25) Excise taxes, collected on sales at retail, 387 |
---|
| 531 | + | imposed by Sections 4041, 4071, 4081, [4091,] 4161, 4181, 388 |
---|
| 532 | + | 4251, 4261 and 4271 of Title 26, United States Code. The 389 |
---|
| 533 | + | director of revenue shall promulgate rules pursuant to 390 |
---|
| 534 | + | chapter 536 to eliminate all state and local sales taxes on 391 |
---|
| 535 | + | such excise taxes; 392 |
---|
| 536 | + | (26) Sales of fuel consumed or used in the operation 393 |
---|
| 537 | + | of ships, barges, or waterborne vessels which are used 394 |
---|
| 538 | + | primarily in or for the transportation of property or cargo, 395 |
---|
| 539 | + | or the conveyance of persons for hire, on navigable rivers 396 |
---|
| 540 | + | bordering on or located in part in this state, if such fuel 397 |
---|
| 541 | + | is delivered by the sell er to the purchaser's barge, ship, 398 |
---|
| 542 | + | or waterborne vessel while it is afloat upon such river; 399 SB 95 18 |
---|
| 543 | + | (27) All sales made to an interstate compact agency 400 |
---|
| 544 | + | created pursuant to sections 70.370 to 70.441 or sections 401 |
---|
| 545 | + | 238.010 to 238.100 in the exercise of the fun ctions and 402 |
---|
| 546 | + | activities of such agency as provided pursuant to the 403 |
---|
| 547 | + | compact; 404 |
---|
| 548 | + | (28) Computers, computer software and computer 405 |
---|
| 549 | + | security systems purchased for use by architectural or 406 |
---|
| 550 | + | engineering firms headquartered in this state. For the 407 |
---|
| 551 | + | purposes of this subdivision, "headquartered in this state" 408 |
---|
| 552 | + | means the office for the administrative management of at 409 |
---|
| 553 | + | least four integrated facilities operated by the taxpayer is 410 |
---|
| 554 | + | located in the state of Missouri; 411 |
---|
| 555 | + | (29) All livestock sales when either the seller is 412 |
---|
| 556 | + | engaged in the growing, producing or feeding of such 413 |
---|
| 557 | + | livestock, or the seller is engaged in the business of 414 |
---|
| 558 | + | buying and selling, bartering or leasing of such livestock; 415 |
---|
| 559 | + | (30) All sales of barges which are to be used 416 |
---|
| 560 | + | primarily in the transportati on of property or cargo on 417 |
---|
| 561 | + | interstate waterways; 418 |
---|
| 562 | + | (31) Electrical energy or gas, whether natural, 419 |
---|
| 563 | + | artificial or propane, water, or other utilities which are 420 |
---|
| 564 | + | ultimately consumed in connection with the manufacturing of 421 |
---|
| 565 | + | cellular glass products or in any material recovery 422 |
---|
| 566 | + | processing plant as defined in subdivision (4) of this 423 |
---|
| 567 | + | subsection; 424 |
---|
| 568 | + | (32) Notwithstanding other provisions of law to the 425 |
---|
| 569 | + | contrary, all sales of pesticides or herbicides used in the 426 |
---|
| 570 | + | production of crops, aquaculture, livestock o r poultry; 427 |
---|
| 571 | + | (33) Tangible personal property and utilities 428 |
---|
| 572 | + | purchased for use or consumption directly or exclusively in 429 |
---|
| 573 | + | the research and development of agricultural/biotechnology 430 SB 95 19 |
---|
| 574 | + | and plant genomics products and prescription pharmaceuticals 431 |
---|
| 575 | + | consumed by humans or animals; 432 |
---|
| 576 | + | (34) All sales of grain bins for storage of grain for 433 |
---|
| 577 | + | resale; 434 |
---|
| 578 | + | (35) All sales of feed which are developed for and 435 |
---|
| 579 | + | used in the feeding of pets owned by a commercial breeder 436 |
---|
| 580 | + | when such sales are made to a commercial breeder , as defined 437 |
---|
| 581 | + | in section 273.325, and licensed pursuant to sections 438 |
---|
| 582 | + | 273.325 to 273.357; 439 |
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| 583 | + | (36) All purchases by a contractor on behalf of an 440 |
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| 584 | + | entity located in another state, provided that the entity is 441 |
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| 585 | + | authorized to issue a certificate of exemption for purchases 442 |
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| 586 | + | to a contractor under the provisions of that state's laws. 443 |
---|
| 587 | + | For purposes of this subdivision, the term "certificate of 444 |
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| 588 | + | exemption" shall mean any document evidencing that the 445 |
---|
| 589 | + | entity is exempt from sales and use taxes on purchases 446 |
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| 590 | + | pursuant to the laws of the state in which the entity is 447 |
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| 591 | + | located. Any contractor making purchases on behalf of such 448 |
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| 592 | + | entity shall maintain a copy of the entity's exemption 449 |
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| 593 | + | certificate as evidence of the exemption. If the exemption 450 |
---|
| 594 | + | certificate issued by the ex empt entity to the contractor is 451 |
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| 595 | + | later determined by the director of revenue to be invalid 452 |
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| 596 | + | for any reason and the contractor has accepted the 453 |
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| 597 | + | certificate in good faith, neither the contractor or the 454 |
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| 598 | + | exempt entity shall be liable for the payment of any taxes, 455 |
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| 599 | + | interest and penalty due as the result of use of the invalid 456 |
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| 600 | + | exemption certificate. Materials shall be exempt from all 457 |
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| 601 | + | state and local sales and use taxes when purchased by a 458 |
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| 602 | + | contractor for the purpose of fabricating tangible personal 459 |
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| 603 | + | property which is used in fulfilling a contract for the 460 |
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| 604 | + | purpose of constructing, repairing or remodeling facilities 461 |
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| 605 | + | for the following: 462 SB 95 20 |
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| 606 | + | (a) An exempt entity located in this state, if the 463 |
---|
| 607 | + | entity is one of those entities able to issue project 464 |
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| 608 | + | exemption certificates in accordance with the provisions of 465 |
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| 609 | + | section 144.062; or 466 |
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| 610 | + | (b) An exempt entity located outside the state if the 467 |
---|
| 611 | + | exempt entity is authorized to issue an exemption 468 |
---|
| 612 | + | certificate to contractors in accordance with the provisions 469 |
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| 613 | + | of that state's law and the applicable provisions of this 470 |
---|
| 614 | + | section; 471 |
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| 615 | + | (37) All sales or other transfers of tangible personal 472 |
---|
| 616 | + | property to a lessor who leases the property under a lease 473 |
---|
| 617 | + | of one year or longer executed or in effect at the time of 474 |
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| 618 | + | the sale or other tra nsfer to an interstate compact agency 475 |
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| 619 | + | created pursuant to sections 70.370 to 70.441 or sections 476 |
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| 620 | + | 238.010 to 238.100; 477 |
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| 621 | + | (38) Sales of tickets to any collegiate athletic 478 |
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| 622 | + | championship event that is held in a facility owned or 479 |
---|
| 623 | + | operated by a governmental authority or commission, a quasi - 480 |
---|
| 624 | + | governmental agency, a state university or college or by the 481 |
---|
| 625 | + | state or any political subdivision thereof, including a 482 |
---|
| 626 | + | municipality, and that is played on a neutral site and may 483 |
---|
| 627 | + | reasonably be played at a site located out side the state of 484 |
---|
| 628 | + | Missouri. For purposes of this subdivision, "neutral site" 485 |
---|
| 629 | + | means any site that is not located on the campus of a 486 |
---|
| 630 | + | conference member institution participating in the event; 487 |
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| 631 | + | (39) All purchases by a sports complex authority 488 |
---|
| 632 | + | created under section 64.920, and all sales of utilities by 489 |
---|
| 633 | + | such authority at the authority's cost that are consumed in 490 |
---|
| 634 | + | connection with the operation of a sports complex leased to 491 |
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| 635 | + | a professional sports team; 492 |
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| 636 | + | (40) All materials, replacement parts, and equ ipment 493 |
---|
| 637 | + | purchased for use directly upon, and for the modification, 494 SB 95 21 |
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| 638 | + | replacement, repair, and maintenance of aircraft, aircraft 495 |
---|
| 639 | + | power plants, and aircraft accessories; 496 |
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| 640 | + | (41) Sales of sporting clays, wobble, skeet, and trap 497 |
---|
| 641 | + | targets to any shooting ran ge or similar places of business 498 |
---|
| 642 | + | for use in the normal course of business and money received 499 |
---|
| 643 | + | by a shooting range or similar places of business from 500 |
---|
| 644 | + | patrons and held by a shooting range or similar place of 501 |
---|
| 645 | + | business for redistribution to patrons at the c onclusion of 502 |
---|
| 646 | + | a shooting event; 503 |
---|
| 647 | + | (42) All sales of motor fuel, as defined in section 504 |
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| 648 | + | 142.800, used in any watercraft, as defined in section 505 |
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| 649 | + | 306.010; 506 |
---|
| 650 | + | (43) Any new or used aircraft sold or delivered in 507 |
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| 651 | + | this state to a person who is not a reside nt of this state 508 |
---|
| 652 | + | or a corporation that is not incorporated in this state, and 509 |
---|
| 653 | + | such aircraft is not to be based in this state and shall not 510 |
---|
| 654 | + | remain in this state more than ten business days subsequent 511 |
---|
| 655 | + | to the last to occur of: 512 |
---|
| 656 | + | (a) The transfer of title to the aircraft to a person 513 |
---|
| 657 | + | who is not a resident of this state or a corporation that is 514 |
---|
| 658 | + | not incorporated in this state; or 515 |
---|
| 659 | + | (b) The date of the return to service of the aircraft 516 |
---|
| 660 | + | in accordance with 14 CFR 91.407 for any maintenance, 517 |
---|
| 661 | + | preventive maintenance, rebuilding, alterations, repairs, or 518 |
---|
| 662 | + | installations that are completed contemporaneously with the 519 |
---|
| 663 | + | transfer of title to the aircraft to a person who is not a 520 |
---|
| 664 | + | resident of this state or a corporation that is not 521 |
---|
| 665 | + | incorporated in this state; 522 |
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| 666 | + | (44) Motor vehicles registered in excess of fifty -four 523 |
---|
| 667 | + | thousand pounds, and the trailers pulled by such motor 524 |
---|
| 668 | + | vehicles, that are actually used in the normal course of 525 |
---|
| 669 | + | business to haul property on the public highways of the 526 SB 95 22 |
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| 670 | + | state, and that are capab le of hauling loads commensurate 527 |
---|
| 671 | + | with the motor vehicle's registered weight; and the 528 |
---|
| 672 | + | materials, replacement parts, and equipment purchased for 529 |
---|
| 673 | + | use directly upon, and for the repair and maintenance or 530 |
---|
| 674 | + | manufacture of such vehicles. For purposes of this 531 |
---|
| 675 | + | subdivision, "motor vehicle" and "public highway" shall have 532 |
---|
| 676 | + | the meaning as ascribed in section 390.020; 533 |
---|
| 677 | + | (45) All internet access or the use of internet access 534 |
---|
| 678 | + | regardless of whether the tax is imposed on a provider of 535 |
---|
| 679 | + | internet access or a buyer o f internet access. For purposes 536 |
---|
| 680 | + | of this subdivision, the following terms shall mean: 537 |
---|
| 681 | + | (a) "Direct costs", costs incurred by a governmental 538 |
---|
| 682 | + | authority solely because of an internet service provider's 539 |
---|
| 683 | + | use of the public right -of-way. The term shall not include 540 |
---|
| 684 | + | costs that the governmental authority would have incurred if 541 |
---|
| 685 | + | the internet service provider did not make such use of the 542 |
---|
| 686 | + | public right-of-way. Direct costs shall be determined in a 543 |
---|
| 687 | + | manner consistent with generally accepted accounting 544 |
---|
| 688 | + | principles; 545 |
---|
| 689 | + | (b) "Internet", computer and telecommunications 546 |
---|
| 690 | + | facilities, including equipment and operating software, that 547 |
---|
| 691 | + | comprises the interconnected worldwide network that employ 548 |
---|
| 692 | + | the transmission control protocol or internet protocol, or 549 |
---|
| 693 | + | any predecessor or successor protocols to that protocol, to 550 |
---|
| 694 | + | communicate information of all kinds by wire or radio; 551 |
---|
| 695 | + | (c) "Internet access", a service that enables users to 552 |
---|
| 696 | + | connect to the internet to access content, information, or 553 |
---|
| 697 | + | other services without regard to whether the service is 554 |
---|
| 698 | + | referred to as telecommunications, communications, 555 |
---|
| 699 | + | transmission, or similar services, and without regard to 556 |
---|
| 700 | + | whether a provider of the service is subject to regulation 557 |
---|
| 701 | + | by the Federal Communications Commission as a common carrier 558 SB 95 23 |
---|
| 702 | + | under 47 U.S.C. Section 201, et seq. For purposes of this 559 |
---|
| 703 | + | subdivision, internet access also includes: the purchase, 560 |
---|
| 704 | + | use, or sale of communications services, including 561 |
---|
| 705 | + | telecommunications services as defined in section 144.010, 562 |
---|
| 706 | + | to the extent the commu nications services are purchased, 563 |
---|
| 707 | + | used, or sold to provide the service described in this 564 |
---|
| 708 | + | subdivision or to otherwise enable users to access content, 565 |
---|
| 709 | + | information, or other services offered over the internet; 566 |
---|
| 710 | + | services that are incidental to the provision of a service 567 |
---|
| 711 | + | described in this subdivision, when furnished to users as 568 |
---|
| 712 | + | part of such service, including a home page, electronic 569 |
---|
| 713 | + | mail, and instant messaging, including voice -capable and 570 |
---|
| 714 | + | video-capable electronic mail and instant messaging, video 571 |
---|
| 715 | + | clips, and personal electronic storage capacity; a home page 572 |
---|
| 716 | + | electronic mail and instant messaging, including voice - 573 |
---|
| 717 | + | capable and video-capable electronic mail and instant 574 |
---|
| 718 | + | messaging, video clips, and personal electronic storage 575 |
---|
| 719 | + | capacity that are provided indepe ndently or that are not 576 |
---|
| 720 | + | packed with internet access. As used in this subdivision, 577 |
---|
| 721 | + | internet access does not include voice, audio, and video 578 |
---|
| 722 | + | programming or other products and services, except services 579 |
---|
| 723 | + | described in this paragraph or this subdivision, tha t use 580 |
---|
| 724 | + | internet protocol or any successor protocol and for which 581 |
---|
| 725 | + | there is a charge, regardless of whether the charge is 582 |
---|
| 726 | + | separately stated or aggregated with the charge for services 583 |
---|
| 727 | + | described in this paragraph or this subdivision; 584 |
---|
| 728 | + | (d) "Tax", any charge imposed by the state or a 585 |
---|
| 729 | + | political subdivision of the state for the purpose of 586 |
---|
| 730 | + | generating revenues for governmental purposes and that is 587 |
---|
| 731 | + | not a fee imposed for a specific privilege, service, or 588 |
---|
| 732 | + | benefit conferred, except as described as otherwise u nder 589 |
---|
| 733 | + | this subdivision, or any obligation imposed on a seller to 590 SB 95 24 |
---|
| 734 | + | collect and to remit to the state or a political subdivision 591 |
---|
| 735 | + | of the state any gross retail tax, sales tax, or use tax 592 |
---|
| 736 | + | imposed on a buyer by such a governmental entity. The term 593 |
---|
| 737 | + | tax shall not include any franchise fee or similar fee 594 |
---|
| 738 | + | imposed or authorized under sections 67.1830 to 67.1846 or 595 |
---|
| 739 | + | section 67.2689; Section 622 or 653 of the Communications 596 |
---|
| 740 | + | Act of 1934, 47 U.S.C. Section 542 and 47 U.S.C. Section 597 |
---|
| 741 | + | 573; or any other fee related to obligations of 598 |
---|
| 742 | + | telecommunications carriers under the Communications Act of 599 |
---|
| 743 | + | 1934, 47 U.S.C. Section 151, et seq., except to the extent 600 |
---|
| 744 | + | that: 601 |
---|
| 745 | + | a. The fee is not imposed for the purpose of 602 |
---|
| 746 | + | recovering direct costs incurred by the franchising or other 603 |
---|
| 747 | + | governmental authority from providing the specific 604 |
---|
| 748 | + | privilege, service, or benefit conferred to the payer of the 605 |
---|
| 749 | + | fee; or 606 |
---|
| 750 | + | b. The fee is imposed for the use of a public right -of- 607 |
---|
| 751 | + | way based on a percentage of the service revenue, and the 608 |
---|
| 752 | + | fee exceeds the incremental direct costs incurred by the 609 |
---|
| 753 | + | governmental authority associated with the provision of that 610 |
---|
| 754 | + | right-of-way to the provider of internet access service. 611 |
---|
| 755 | + | Nothing in this subdivision shall be interpreted as an 612 |
---|
| 756 | + | exemption from taxes due on goods or services that were 613 |
---|
| 757 | + | subject to tax on January 1, 2016; 614 |
---|
| 758 | + | (46) All purchases by a company of solar photovoltaic 615 |
---|
| 759 | + | energy systems, components used to construct a solar 616 |
---|
| 760 | + | photovoltaic energy system, and all purchases of materials 617 |
---|
| 761 | + | and supplies used direc tly to construct or make improvements 618 |
---|
| 762 | + | to such systems, provided that such systems: 619 |
---|
| 763 | + | (a) Are sold or leased to an end user; or 620 SB 95 25 |
---|
| 764 | + | (b) Are used to produce, collect and transmit 621 |
---|
| 765 | + | electricity for resale or retail ; 622 |
---|
| 766 | + | (47) All sales of diapers, inco ntinence products, and 623 |
---|
| 767 | + | feminine hygiene products. The exemptions in this 624 |
---|
| 768 | + | subdivision shall apply only to the provisions of and the 625 |
---|
| 769 | + | computation of the tax levied, assessed, or payable pursuant 626 |
---|
| 770 | + | to this chapter. For the purposes of this subdivision, the 627 |
---|
| 771 | + | following terms mean: 628 |
---|
| 772 | + | (a) "Diapers", absorbent garments worn by infants or 629 |
---|
| 773 | + | toddlers who are not toilet -trained or by individuals who 630 |
---|
| 774 | + | are incapable of controlling their bladder or bowel 631 |
---|
| 775 | + | movements; 632 |
---|
| 776 | + | (b) "Feminine hygiene products", personal c are 633 |
---|
| 777 | + | products used to manage menstrual flow including, but not 634 |
---|
| 778 | + | limited to, tampons, pads, liners, and cups; 635 |
---|
| 779 | + | (c) "Incontinence products", products designed 636 |
---|
| 780 | + | specifically for hygiene matters related to urinary 637 |
---|
| 781 | + | incontinence. 638 |
---|
| 782 | + | 3. Any ruling, agreement, or contract, whether written 639 |
---|
| 783 | + | or oral, express or implied, between a person and this 640 |
---|
| 784 | + | state's executive branch, or any other state agency or 641 |
---|
| 785 | + | department, stating, agreeing, or ruling that such person is 642 |
---|
| 786 | + | not required to collect sales and use tax in t his state 643 |
---|
| 787 | + | despite the presence of a warehouse, distribution center, or 644 |
---|
| 788 | + | fulfillment center in this state that is owned or operated 645 |
---|
| 789 | + | by the person or an affiliated person shall be null and void 646 |
---|
| 790 | + | unless it is specifically approved by a majority vote of 647 |
---|
| 791 | + | each of the houses of the general assembly. For purposes of 648 |
---|
| 792 | + | this subsection, an "affiliated person" means any person 649 |
---|
| 793 | + | that is a member of the same controlled group of 650 |
---|
| 794 | + | corporations as defined in Section 1563(a) of the Internal 651 |
---|
| 795 | + | Revenue Code of 1986, as amen ded, as the vendor or any other 652 SB 95 26 |
---|
| 796 | + | entity that, notwithstanding its form of organization, bears 653 |
---|
| 797 | + | the same ownership relationship to the vendor as a 654 |
---|
| 798 | + | corporation that is a member of the same controlled group of 655 |
---|
| 799 | + | corporations as defined in Section 1563(a) of t he Internal 656 |
---|
| 800 | + | Revenue Code, as amended. 657 |
---|
| 801 | + | |
---|