HB1754 - TAXATION - Scott, Delbert
HB1754 CREATES NUMEROUS SALES TAX EXEMPTIONS.
Sponsor: Scott, Delbert (119) Effective Date:00/00/00
CoSponsor: LR Number:3723-01
Last Action: 02/18/98 - Referred: Ways and Means (H)
HB1754
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1754 Copyright(c)
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Available Bill Text for HB1754
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Available Fiscal Notes for HB1754
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BILL SUMMARIES

INTRODUCED

HB 1754 -- Taxation

Sponsor:  Scott

This bill changes the tax laws.  The bill:

(1)  Requires the Department of Revenue to apprise an income
taxpayer of the factual basis for the finding of negligence or
the specific rules or regulations disregarded at the time the
department issues a proposed assessment.  Rules and regulations
determined to be inconsistent with laws of the state by the
courts or the Administrative Hearing Commission cannot be cited
as the basis for additions to tax;

(2)  Classifies a not for profit agribusiness association as a
subject exempt from state, county, or local taxation;

(3)  Limits articles which may be used to receive traded-in
credits against state and local sales and use taxes on the

purchase of a replacement motor vehicle, trailer, boat or motor
to motor vehicles, trailers, boats, or motors.  The time period
for receiving a sales tax trade-in credit is extended from 90
days to 180 days.  The definition of motor vehicle, for purposes
of the trade-in credit is expanded to include recreational
vehicles and certain truck/trailer combinations;

(4)  Places liability for state and local sales and use taxes on
certain entities who issue exemption certificates who do not
have statutory authority to issue such exemption certificates;
and

(5)  Allows the date shown by a U. S. Postal Service postmark to
constitute proof of timely mailing of license taxes by a
taxpayer to any city or county in the state.

In addition, the bill exempts various tangible property from
state and local sales and use taxes.  They are sales of:

(1)  Certain replacement machinery, parts, and supplies used for
installation of the replacement machinery or parts used directly
in the manufacturing, mining, fabricating, or producing of a
product;

(2)  Machinery and equipment parts for new or expansion of
existing manufacturing, mining, fabricating, or production
plants;

(3)  Ink, computers, photosensitive paper and film, toner,
printing plates and other machinery, equipment, replacement
parts, and supplies used in producing newspapers published for
dissemination of news to the general public;

(4)  Electrical energy used by qualified material recovery
processing plants;

(5)  Electrodes used in manufacturing, mining, fabricating, or
producing which have a useful life of less than one year;

(6)  Adjuvants such as crop oils, surfactants, wetting agents,
and other pesticide carriers used to improve or enhance the
effect of a pesticide;

(7) Mechanized post hole diggers;

(8)  Certain lubricants used exclusively for farm machinery and
equipment;

(8)  Electrical energy or gas which is ultimately consumed in
the manufacturing of cellular glass products;

(9)  Various equipment, supplies, and materials used for
recapping or retreading of tires;

(10)  Pesticides or herbicides used in the production of crops,
livestock, or poultry;

(11)  Feed for dogs used by a commercial breeder;

(12)  Certain nondomestic game birds;

(13)  Machinery, equipment on other tangible property required
to conduct games of bowling in bowling alleys;

(14)  Certain coin-operated amusement and vending machines and
their parts; and

(15) Transfers of certain motor vehicles, trailers, boat, and
outboard motors within a corporation who is a licensed motor
vehicle or boat dealer.


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Last Updated November 12, 1998 at 1:54 pm