Bill Text: MO HB1453 | 2014 | Regular Session | Introduced
Bill Title: Changes the laws regarding taxation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-02-25 - Public Hearing Completed (H) [HB1453 Detail]
Download: Missouri-2014-HB1453-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOSKINS (Sponsor), KOENIG, BERRY, DOHRMAN, WALKER, BERNSKOETTER, LICHTENEGGER, CRAWFORD, MCGAUGH, KOLKMEYER, PIKE, LYNCH, PHILLIPS, FRANKLIN, GATSCHENBERGER, REDMON AND FRAKER (Co-sponsors).
4948H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 143.011, 143.021, and 143.071, RSMo, and to enact in lieu thereof four new sections relating to taxation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 143.011, 143.021, and 143.071, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 143.011, 143.021, 143.022, and 143.071, to read as follows:
143.011. 1. A tax is hereby imposed for every taxable year on the Missouri taxable income of every resident. The tax shall be determined by applying the tax table or the rate provided in section 143.021, which is based upon the following rates: If the Missouri taxable income is: The tax is:
Not over $1,000.00 . . . . . . . . . . . 1 1/2% of the Missouri taxable income
Over $1,000 but not over $2,000 $15 plus 2% of excess over $1,000
Over $2,000 but not over $3,000 $35 plus 2 1/2% of excess over $2,000
Over $3,000 but not over $4,000 $60 plus 3% of excess over $3,000
Over $4,000 but not over $5,000 $90 plus 3 1/2% of excess over $4,000
Over $5,000 but not over $6,000 $125 plus 4% of excess over $5,000
Over $6,000 but not over $7,000 $165 plus 4 1/2% of excess over $6,000
Over $7,000 but not over $8,000 $210 plus 5% of excess over $7,000
Over $8,000 but not over $9,000 $260 plus 5 1/2% of excess over $8,000
Over $9,000 . . . . . . . . . . . . . . . . . $315 plus 6% of excess over $9,000
2. (1) For all tax years beginning on or after January 1, 2015, the top rate of tax under subsection 1 of this section may be reduced over a period of time such that the top rate of tax shall not be reduced below five percent. Each reduction in the top rate of tax shall be by one-tenth of a percent and no more than one reduction shall occur in a calendar year. Reductions in the rate of tax shall take effect on January first of a tax year and such reduced rates shall continue in effect until the next reduction occurs.
(2) A reduction in the rate of tax shall only occur if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars.
(3) Any modification of tax rates under this subsection shall only apply to tax years that begin on or after a modification takes effect.
(4) The director of the department of revenue shall, by rule, adjust the tax tables under subsection 1 of this section to effectuate the provisions of this subsection. The bracket for income over nine thousand dollars shall be eliminated once the top rate of tax has been reduced to five and one-half percent. The bracket for income over eight thousand dollars shall be eliminated once the top rate of tax has been reduced to five percent.
3. Whenever a reduction in the tax rate occurs under subsection 2 of this section, of the two hundred million dollars or more in net general revenue growth, forty percent shall be deposited into the school district trust fund established in section 144.701, and twenty percent shall be designated for the support of higher education until such time that the foundation formula is fully funded. In the event that the foundation formula becomes fully funded, any remaining revenue shall revert to the general revenue fund.
143.021. 1. Every resident having a taxable income of less than nine thousand dollars shall determine his tax from a tax table prescribed by the director of revenue and based upon the rates provided in section 143.011. The tax table shall be on the basis of one hundred dollar increments of taxable income below nine thousand dollars. The tax provided in the table shall be the amount rounded to the nearest whole dollar by applying the rates in section 143.011 to the taxable income at the midpoint of each increment, except there shall be no tax on a taxable income of less than one hundred dollars. Every resident having a taxable income of nine thousand dollars or more shall determine his tax from the rate provided in section 143.011. This subsection shall only apply if the top rate of tax under section 143.011 is greater than five and one-half percent.
2. Every resident having a taxable income of less than eight thousand dollars shall determine his or her tax from a tax table prescribed by the director of revenue and based upon the rates provided in section 143.011. The tax table shall be on the basis of one hundred dollar increments of taxable income below eight thousand dollars. The tax provided in the table shall be the amount rounded to the nearest whole dollar by applying the rates in section 143.011 to the taxable income at the midpoint of each increment, except there shall be no tax on a taxable income of less than one hundred dollars. Every resident having a taxable income of eight thousand dollars or more shall determine his or her tax from the rate provided in section 143.011. This subsection shall only apply if the top rate of tax under section 143.011 is greater than five percent and less than or equal to five and one-half percent.
3. Every resident having a taxable income of less than seven thousand dollars shall determine his or her tax from a tax table prescribed by the director of revenue and based upon the rates provided in section 143.011. The tax table shall be on the basis of one hundred dollar increments of taxable income below seven thousand dollars. The tax provided in the table shall be the amount rounded to the nearest whole dollar by applying the rates in section 143.011 to the taxable income at the midpoint of each increment, except there shall be no tax on a taxable income of less than one hundred dollars. Every resident having a taxable income of seven thousand dollars or more shall determine his or her tax from the rate provided in section 143.011. This subsection shall only apply if the top rate of tax under section 143.011 is equal to five percent.
143.022. 1. As used in this section, "business income" means the Missouri source net profit from business determined under the provisions of this chapter and the Internal Revenue Code as reported on:
(1) Schedule C of Form 1040, Profit or Loss From Business (Sole Proprietorship);
(2) Form 1120S, U.S. Income Tax Return for an S Corporation; and
(3) Form 1065, U.S. Return of Partnership Income.
Business income shall not include "compensation" as such term is defined under subsection 1 of article IV of section 32.200, "guaranteed payments" as defined by the Internal Revenue Code, or income from the operation of a farm or ranch.
2. In addition to all other modifications allowed by law, there shall be subtracted from the federal adjusted gross income of an individual taxpayer a percentage of business income, to the extent it is included in federal adjusted gross income when determining the taxpayer's Missouri adjusted gross income.
3. In the case of a small corporation described in section 143.471 or a partnership, computing the deduction allowed under subsection 2 of this section, taxpayers described in subdivisions (1), (2), or (3) of this subsection shall be allowed such deduction apportioned in proportion to their share of ownership of the business on the last day of the taxpayer's tax period for which such deduction is being claimed when determining the Missouri adjusted gross income of:
(1) The shareholders of a small corporation as described in section 143.471;
(2) The partners in a partnership; and
(3) The members in a limited liability company.
4. The percentage to be subtracted under subsection 2 of this section shall be increased over a period of years. Each increase in the percentage shall be by five percent and no more than one increase shall occur in a calendar year. The maximum percentage that may be subtracted is fifty percent of business income. Any increase in the percentage that may be subtracted shall take effect for all tax years beginning on or after January first of a calendar year and such percentage shall continue in effect until the next percentage increase occurs. An increase shall only apply to tax years that begin on or after the increase takes effect.
5. An increase in the percentage that may be subtracted under subsection 2 of this section shall only occur if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at
least two hundred million dollars.
6. The first year that a taxpayer may make the subtraction under subsection 2 of this section is for tax years beginning on or after January 1, 2015, provided that the provisions of subsection 5 of this section are met. If the provisions of subsection 5 of this section are met, the percentage that may be subtracted in tax year 2015 is five percent.
143.071. 1. For all tax years beginning before September 1, 1993, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five percent of Missouri taxable income.
2. For all tax years beginning on or after September 1, 1993, but before the later of December 31, 2014, or the first calendar year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to six and one-fourth percent of Missouri taxable income.
3. (1) Beginning with the first tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, until the provisions of subdivision (2) of this subsection are met, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to six and three-twentieths percent of Missouri taxable income.
(2) For all tax years after the provisions of subdivision (1) of this subsection have been met and until the provisions of subdivision (3) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceed the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to six and one-twentieth percent of Missouri taxable income.
(3) For all tax years after the provisions of subdivision (2) of this subsection have been met and until the provisions of subdivision (4) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and nineteen-twentieths percent of Missouri taxable income.
(4) For all tax years after the provisions of subdivision (3) of this subsection have been met and until the provisions of subdivision (5) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and seventeen-twentieths percent of Missouri taxable income.
(5) For all tax years after the provisions of subdivision (4) of this subsection have been met and until the provisions of subdivision (6) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and three-fourths percent of Missouri taxable income.
(6) For all tax years after the provisions of subdivision (5) of this subsection have been met and until the provisions of subdivision (7) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and thirteen-twentieths percent of Missouri taxable income.
(7) For all tax years after the provisions of subdivision (6) of this subsection have been met and until the provisions of subdivision (8) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and eleven-twentieths percent of Missouri taxable income.
(8) For all tax years after the provisions of subdivision (7) of this subsection have been met and until the provisions of subdivision (9) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and nine-twentieths percent of Missouri taxable income.
(9) For all tax years after the provisions of subdivision (8) of this subsection have been met and until the provisions of subdivision (10) of this subsection are met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and seven-twentieths percent of Missouri taxable income.
(10) For all tax years after the provisions of subdivision (9) of this subsection have been met, beginning with the tax year after the amount of net general revenue collected in the previous fiscal year exceeded the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least two hundred million dollars, for all tax years beginning in that calendar year and thereafter, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five and one-fourth percent of Missouri taxable income.
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