HS HB 286 -- SALES/USE AND INCOME TAX (Smith) This substitute requires that any request for a refund of sales taxes by a person who collects and remits the tax will only be granted if the person demonstrates to the satisfaction of the Director of the Department of Revenue that the amount will be refunded or credited to the person who originally paid the sales tax. The restriction will not apply if the person seeking the refund shows to the director's satisfaction that he or she originally paid the tax and that it was not collected from the purchasers. Any additional revenue resulting from this limitation will be transferred from general revenue to the Mental Health Trust Fund. The substitute disallows a state income tax deduction for an annuity, pension, or retirement allowance to the extent the amount is excluded from the federal gross adjusted income or is otherwise deducted from the calculation of state taxable income. The substitute also exempts from state and local sales and use tax the sale of certain clothing when sold between the hours of 12:01 a.m., August 9, 2001, and midnight, August 12, 2001. Each individual item must sell for $100 or less to qualify for the exemption. Any loss of revenue by local taxing jurisdictions will be reimbursed by the state. This portion of the substitute contains an emergency clause. FISCAL NOTE: Estimated Net Effect to General Revenue Fund of a cost of $3,243,033 in FY 2002, an income of $1,616,490 in FY 2003 and an income of $1,616,490 in FY 2004. Loss to School District Trust Fund of $704,405 in FY 2002, $0 in FY 2003, and $0 in FY 2004. Loss to Conservation Fund of $88,051 in FY 2002, $0 in FY 2003, and $0 in FY 2004. Loss to Parks and Soil Funds of $70,441 in FY 2002, $0 in FY 2003, and $0 in FY 2004. Revenue to Mental Health Trust Fund of less than $22,000,000 in FY 2002, Unknown in FY 2003, and Unknown in FY 2004.Copyright (c) Missouri House of Representatives