HCS/SB 87 - This act modifies provisions relating to taxation.TRANSIENT GUEST TAXES
This act adds the cities of Higginsville, Lexington, and Odessa to the list of cities and counties authorized to impose a transient guest tax for the purpose of funding the promotion of tourism. (Section 67.1360)
This provision is identical to a provision contained in SCS/HCS/HB 674 (2019).
PUBLIC SAFETY OFFICER SURVIVING SPOUSE TAX CREDIT
This act reauthorizes the Public Safety Officer Surviving Spouse tax credit until December 31, 2027. (Section 135.090)
This provision is identical to a provision contained in SCS/HCS/HB 333 (2019), SCS/SBs 632 & 675 (2018), SCS/HCS/HBs 1288, 1377 & 2050 (2018), and SS/HB 655 (2017).
RESIDENTIAL RENOVATIONS FOR DISABILITY TAX CREDIT
This act reauthorizes the Residential Renovations for Disability tax credit until December 31, 2025. (Section 135.562)
This provision is identical to SB 481 (2019), HB 1013 (2019), and HB 1060 (2019), and is substantially similar to a provision contained in HCS/SCS/SBs 632 & 675 (2018) and SS/HB 655 (2017).
PROTESTED TAXES
Current law allows taxpayers to receive interest on property taxes paid under protest and that have been distributed by the collector to appropriate taxing authorities at a rate equivalent to the rate of interest such taxes would have earned if held by the collector. This act entitles such a taxpayer to receive interest at the same rate as provided under current law for various Department of Revenue purposes, including interest earned on income tax refunds.
Taxpayers may seek an order enforcing the provisions of this act against a collector and any taxing jurisdictions which received the protested funds. (Section 139.031)
This provision is identical to HCS/HB 704 (2019) and is substantially similar to SB 300 (2019).
MISSOURI ADJUSTED GROSS INCOME
This act provides that, for all tax years beginning on or after January 1, 2018, interest expenses paid or accrued in a previous taxable year, but allowed as a deduction in the current taxable year for federal tax purposes by reason of the carryforward of disallowed business interest provisions of federal law, shall be added to a taxpayer's federal adjusted gross income for the purposes of the calculation of Missouri adjusted gross income.
This act also provides that, for all tax years beginning on or after January 1, 2018, interest expenses paid or accrued in the current taxable year, but not allowed as a deduction for federal tax purposes, shall be subtracted from a taxpayer's federal adjusted gross income for the purposes of the calculation of Missouri adjusted gross income. (Section 143.121)
This act is substantially similar to SCS/SB 410 (2019) and to provisions contained in SCS/HCS/HB 333 (2019), SS/SCS/SBs 46 & 50 (2019), and SCS/HCS/HB 703 (2019).
LATE INCOME TAX PAYMENTS
This act provides that no taxpayer who timely files his or her individual income tax return for the 2018 tax year shall be assessed any penalty for a delayed payment or underpayment on such tax liability prior to December 31, 2019, provided that such taxpayer participates in good faith in a payment plan authorized by the Department of Revenue. However, such taxpayer may be assessed interest on such liability provided that no interest shall be assessed prior to May 15, 2019. (Section 143.732)
This provision shall sunset on December 31, 2019.
This provision contains an emergency clause.
This provision is identical to HB 1094 (2010), is substantially similar to HB 963 (2019), and is similar to SB 299 (2019), SB 510 (2019), and HB 378 (2019).
TAXPAYER PROTECTION ACT
This act establishes the "Taxpayer Protection Act".
For all tax years beginning on or after January 1, 2020, this act requires paid tax return preparers, as defined in the act, to sign any income tax return or claim for refund prepared by such paid tax return preparer and to provide such preparer's Internal Revenue Service preparer tax identification number.
Each failure to sign any income tax return or claim for refund, or to provide a preparer tax identification number, shall result in a fine of fifty dollars, not to exceed $25,000 per calendar year.
The Director of Revenue may file suit to enjoin a paid tax return preparer from engaging in certain actions, as described in the act. (Section 143.980)
This provision is identical to SCS/SB 118 (2019) and to a provision contained in SCS/SB 219 (2019), HB 585 (2019), and HB 943 (2019).
SAHARA'S LAW
Current law provides for an option for taxpayers to donate a portion of his or her income tax refund to the Pediatric Cancer Research Trust Fund. Such tax income donation option shall sunset on December 31, 2019. This act reauthorizes the program until December 31, 2024.
Moneys generated by the tax refund donations in this act shall be considered state funds, but shall not be included in the calculation of total state revenue. (Section 143.1026)
KANSAS CITY REGIONAL LAW ENFORCEMENT MEMORIAL
For all tax years beginning on or after January 1, 2019, and ending on or before January 1, 2024, this act allows taxpayers to donate a portion of his or her income tax refund to the Kansas City Regional Law Enforcement Memorial Foundation Fund. (Section 143.1028)
This provision is substantially similar to HCS/HB 703 (2019) and to a provision contained in SS#3/SCS/HB 113 (2019).
SOLDIERS MEMORIAL MILITARY MUSEUM
For all tax years beginning on or after January 1, 2019, and ending on or before January 1, 2024, this act allows taxpayers to donate a portion of his or her income tax refund to the Soldiers Memorial Military Museum in St. Louis Fund. (Section 143.1029)
SALES TAX RECEIPTS
This act requires any seller who provides a sales receipt or sales invoice to a purchaser to include on such sales receipt or sales invoice the total rate of all sales tax imposed on the sale. Such total rate shall include all applicable state and local sales taxes. (Section 144.088)
This provision is identical to a provision contained in SCS/HCS#2/HB 374 (2019) and is substantially similar to HB 579 (2019).
REFUND FOR ERRONEOUSLY PAID TAXES
Current law allows a taxpayer to receive a refund for any tax, penalty, or interest that has been paid more than once, or has been erroneously or illegally collected or computed, provided such claim for refund is filed within three years from the date of overpayment. This act modifies such deadline to ten years. (Section 144.190)
This provision is identical to HB 1190 (2019).
FANTASY SPORTS CONTESTS
Several definitions related to fantasy sports are modified. (Section 313.905)
This act also requires that a licensed operator maintain a reserve in the form of cash, cash equivalents, payment processor reserves, payment processor receivables, an irrevocable letter of credit, a bond, an escrow account, or a combination thereof, in an amount that shall equal or exceed the total balances of the fantasy contest players' accounts.
This act also modifies the requirement that any prize won by a registered player from a contest be deposited into the player's account within 48 hours of winning to also allow a prize to be mailed within five business days. A licensed operator may delay such deposit for up to fifteen days if the licensed operator believes in good faith that the registered player engaged in either fraudulent conduct or other conduct that would put the licensed operator in violation of the law so long as the operator provides notice of the nature of the investigation to the player. The Gaming Commission shall establish its own investigation process and issue determinations on a case-by-case basis as to whether the licensed operator is required to deposit the prize in the winner's account. This act provides the right for any person or entity to appeal any such finding, decision, or determination of the Gaming Commission to the Administrative Hearing Commission. (Sections 313.915, 313.917, and 621.047)
This act limits a license applicant's liability for the cost of the Gaming Commission's investigation into the applicant's employees, officers, directors, trustees, and principal salaried executive staff officers to $10,000 rather than $50,000. The Commission may grant a waiver of all or a portion of the cost of an investigation.
This act also establishes a graduated annual license renewal fee structure. An operator that made $2 million or more in the previous calendar year shall pay a fee of $5,000. An operator that made less than $2 million but more than $1 million shall pay a fee of $2,500. An operator that made less than $1 million but more than $250,000 shall pay a fee of $1,000. An operator that made $250,000 or less shall not be required to pay an annual license renewal fee.
This act also reduces the annual operation fee from 11.5% of the operator's net revenue from the previous calendar year to 6%. The Commission may suspend an operator's license if such operator fails to apply for an annual license renewal or remit the operation fee. (Section 313.935)
This act reduces the administrative penalty for violations of fantasy gaming laws from not more than $10,000 to not more than $1,000 per violation, and from not more than $100,000 to not more than $10,000 for violations arising out of the same transaction or occurrence. (Section 313.950)
This act is substantially similar to SCS/SB 343 (2019), HB 637 (2019), SB 886 (2018), HB 1390 (2018), and SB 445 (2017), and to provisions contained in HCS/HB 502 (2017).
JOSHUA NORBERG