COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2643-01

Bill No.: SB 887

Subject: Motor Vehicle; Taxation and Revenue - Sales and Use

Type: Original

Date: January 13, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Highway Funds* Unknown Unknown Unknown
Total Estimated

Net Effect on Other

State Funds

UNKNOWN UNKNOWN UNKNOWN

*Could exceed $100,000 annually.



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0





ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government* UNKNOWN UNKNOWN UNKNOWN

*Could exceed $100,000 annually.





FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Revenue (DOR) assume the proposal eliminates the current credit allowed producers of grain and livestock against the sales tax due on the purchase of motor vehicles, trailers, boats, or outboard motors when such grain or livestock is used as a trade in. It has no fiscal impact on the Department of Revenue.



In calendar year 2002, there were 640 claimed credits that resulted in a reduction of state sales tax revenue of $401,517.



Officials from the Department of Transportation (MoDOT) assume this legislation would ensure that a purchaser of a motor vehicle, trailer, boat or outboard motor would not be allowed to trade any article other than a motor vehicle, trailer, boat or outboard motor as partial payment when figuring sales/use tax liability. By doing so, the loophole allowing farmers to trade corn, grain, cows, etc. for motor vehicles would be closed which should provide a substantial revenue increase to MoDOT. However, MoDOT is unable to provide an estimate for this proposal. MoDOT defers to the Department of Revenue's response to this fiscal note.







ASSUMPTION (continued)



Officials from the Office of Administration, Budgeting and Planning (BAP) state this proposal modifies the current limitation to the reduction in the taxable purchase price of an article by trading in another item. This proposed legislation would not result in additional costs or savings to the BAP. BAP defers to DOR for the revenue estimates.



Oversight assumes that the proposal would result in an unknown increase in total state revenue that could exceed 100,000 annually.



This proposal would increase Total State Revenue.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
HIGHWAY FUNDS
Savings - Highway Funds
Sales tax increase from change in

trade-in rules



Unknown


Unknown


Unknown
TOTAL ESTIMATED NET EFFECT HIGHWAY FUNDS*

UNKNOWN


UNKNOWN


UNKNOWN


FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
Savings - Cities and Counties
Sales tax increase from change in

trade-in rules



Unknown


Unknown


Unknown
TOTAL ESTIMATED NET EFFECT ON ALL LOCAL FUNDS*

UNKNOWN


UNKNOWN


UNKNOWN

*Could exceed $100,000 annually.





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



Under current law, if property is traded in on a purchase, purchasers pay sales or use tax only on the excess, if any, of the purchase price of the new item less any trade-in allowance and any applicable rebates. This proposal authorizes the reduction in the purchase price of an article if the trade-in has been subject to the imposition of sales or use tax or has been exempted or excluded from such tax. The proposal specifies that a purchaser of a motor vehicle, trailer, boat or outboard motor is only allowed a credit for the trade-in of a similar item.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.





SOURCES OF INFORMATION

Department of Revenue

Department of Transportation

Office of Administration

Budget and Planning









Mickey Wilson, CPA

Director

January 13, 2004