SECOND REGULAR SESSION
HOUSE BILL NO. 1081
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BEARDEN, CUNNINGHAM, PORTWOOD (Co-sponsors),
NAEGER, LEVIN, DOLAN, JETTON, REINHART AND BERKSTRESSER.
Pre-filed December 3, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 143.111, RSMo, and to enact in lieu thereof two new sections relating to a deduction from Missouri adjusted gross income for qualified education expenses.
Section A. Section 143.111, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 143.111 and 143.115, to read as follows:
143.111. The Missouri taxable income of a resident shall be such resident's Missouri adjusted gross income less:
(1) Either the Missouri standard deduction or the Missouri itemized deduction;
(2) The Missouri deduction for personal exemptions;
(3) The Missouri deduction for dependency exemptions;
(4) The deduction for federal income taxes provided in section 143.171; [and]
(5) The deduction for a self-employed individual's health insurance costs provided in section 143.113; and
(6) The deduction for qualified education expenses provided in section 143.115.
143.115. 1. For all tax years beginning on or after January 1, 2002, an individual taxpayer who is the custodian of one or more qualifying pupils shall be allowed a deduction from the taxpayer's Missouri adjusted gross income for qualified education expenses incurred on behalf of qualifying pupils. The deduction shall be equal to twenty-five percent of qualified education expenses, but in no event may the total deduction claimed pursuant to this section by a custodian of qualifying pupils exceed five hundred dollars.
2. As used in this section the following terms mean:
(1) "Custodian", any resident of Missouri who is a parent or the legal guardian, or any residents of Missouri who are the parents or legal guardians, of the qualifying pupils;
(2) "Qualified education expense", the amount incurred on behalf of a qualifying pupil in excess of two hundred fifty dollars for tuition, book fees, and lab fees at the school in which the pupil is enrolled during the regular school year;
(3) "Qualifying pupils", individuals who:
(a) Are residents of the state of Missouri;
(b) Are under age twenty-one at the close of the taxable year for which a deduction is sought; and
(c) Were full-time pupils enrolled in a kindergarten through twelfth grade education program at any school during the calendar year for which a deduction is sought;
(4) "School", any public or nonpublic elementary or secondary school in Missouri that is in compliance with Title VI, Public Law 88-352, The Civil Rights Act of 1964, as amended, and attendance at such school satisfies the requirements of section 167.031, RSMo, except that nothing in this section shall be construed to require a child to attend any particular public or nonpublic school to qualify for the deduction allowed pursuant to this section.
3. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of
this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become
effective unless it has been promulgated pursuant to chapter 536, RSMo.
Missouri House of Representatives