reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 5 - City Sales Tax, Transportation Sales Tax and Public Mass Transportation Tax › Section 12 CSR 10-5.555 - Transportation Tax Applies-Delivery Outside Jurisdiction

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded June 30, 2005)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 5 - City Sales Tax, Transportation Sales Tax and Public Mass Transportation Tax › Section 12 CSR 10-5.560 - Transportation Tax Applies-Delivery from Outside the State

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded June 30, 2005)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 5 - City Sales Tax, Transportation Sales Tax and Public Mass Transportation Tax › Section 12 CSR 10-5.565 - Application of Transportation Sales Tax to Rental or Leasing Receipts

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded June 30, 2005)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 5 - City Sales Tax, Transportation Sales Tax and Public Mass Transportation Tax › Section 12 CSR 10-5.590 - Over-the-Road Trailers

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 30, 2006)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 6 - Motor Vehicle Fuel Tax › Section 12 CSR 10-6.020 - Bonding Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates form names,
				  establishes incorporated by reference information, and updates authority
				  information.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) When applying for a motor fuel license, a
				Cash Bond Form 332 or Surety Bond Form 331 must be submitted with the
				application.
(2) Prior to the
				suspension of the authority of a surety company, written notification shall be
				sent via certified mail to the surety company of the impending suspension. If a
				written response is not received within ten (10) days stating a good cause why
				the suspension should not be implemented, the suspension shall be implemented
				and the surety will remain suspended until such time the restitution is made or
				the surety company is reinstated at the discretion of the director.
(3) The department shall require all
				licensees bonded with a surety company whose license to do business in Missouri
				has been suspended by the Division of Insurance to obtain a new surety bond
				with a company whose license is in good standing with the Missouri Division of
				Insurance.
(4) All motor fuel
				accounts (licensed under Chapter 142, RSMo) with surety bonds issued by a
				suspended surety company are required to replace each bond within sixty (60)
				days for motor fuel licensees from the date of notification by the
				director.
(5) The forms Cash Bond
				Form 332 and Surety Bond Form 331 are incorporated by reference and made a part
				of this rule as published by Missouri Department of Revenue, and are available
				at
www.dor.mo.gov
or Harry S Truman State
				Office Building, 301 W. High Street, Jefferson City, MO 65101, dated May 2,
				2023. This rule does not incorporate any subsequent amendments or
				additions.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 6 - Motor Vehicle Fuel Tax › Section 12 CSR 10-6.030 - Motor Fuel Bond Trust Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the required
				  contributions made to the Motor Fuel Bond Trust Fund due to statutory changes
				  in the motor fuel tax rate.
(1) In general, all distributors must post a
				bond with the department. In lieu of posting a surety bond, cash bond,
				certificate of deposit or letter of credit, a qualifying distributor may
				contribute to the Motor Fuel Bond Trust Fund, at the rate prescribed by this
				rule.
(2) Definition of Terms.
(A) Distributor-any person required by
				section
				142.893,
				RSMo, to obtain a distributor's license.
(B) Qualifying distributor-a distributor that
				met all the requirements for participating in the Motor Fuel Bond Trust Fund
				prior to the effective date of this rule, or that completes three (3)
				consecutive years of satisfactory tax compliance.
(C) Satisfactory tax compliance-the act of
				filing all reports and making all payments in the time and manner prescribed by
				Chapter 142, RSMo.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 6 - Motor Vehicle Fuel Tax › Section 12 CSR 10-6.100 - Motor Fuel Tax Exemption for Operators of Public Mass Transportation Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment corrects form names
				  throughout, adds incorporated by reference material, and updates authority
				  information.
(1) In general,
				fuel used to operate public mass transportation services is not subject to
				Missouri motor fuel tax. Fuel that is not subject to Missouri motor fuel tax is
				subject to Missouri state and local sales tax, unless otherwise exempted under
				Chapter 144, RSMo.
(2) Basic
				Application.
(A) Operators of public mass
				transportation services who purchase fuel and paid the Missouri motor fuel tax
				may obtain a refund of the tax. The operator of the public mass transportation
				service must certify to the department, on a Form 5141 Public Mass
				Transportation Operator Exemption Certificate, that the motor fuel will be used
				exclusively in the operation of the mass transportation service.
1. The operator must submit the claim on a
				Form 4923 Non-Highway Use Motor Fuel Refund Claim within one (1) year of the
				date of purchase or April 15 of the year following the purchase, whichever is
				later.
2. The refund will equal the
				motor fuel tax, less all applicable state and local sales taxes unless the
				entity is otherwise exempt from Missouri sales tax.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.020 - Tax-Paid Purchases by Special Fuel Dealers and Users

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 11, 1989)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.140 - Credit or Refund of Special Fuel Tax Used in Power Takeoff Units

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 11, 1989)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.180 - Retail Dealer Licensing/Reporting Requirements: Multiple Locations

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 2004)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.240 - Exemption Certificates

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the special fuel tax
				  statutes as they relate to deductions which must be supported by special fuel
				  exemption certificates.
(1)
				Special fuel distributors selling special fuel to be used by the purchaser for
				off-road purposes listed as follows are required to retain in their files a
				Special Fuel Exemption Certificate, executed by the purchaser, to substantiate
				the tax exempt sales. Deductions taken on the Distributor's Monthly Tax Report
				Form 4757 shall be supported by the signed invoice or sales slip for the month
				in which the tax exempt sale occurred. Exemption certificates may be accepted
				for the following sales:
(A) Special fuel
				sold for use in farm tractors and other farm machinery used exclusively for
				agricultural purposes, used on land owned or leased for the purpose of
				producing farm products and used directly in producing farm products to be fed
				to livestock or poultry to be sold ultimately in processed form at retail,
				pursuant to section 144.030, RSMo;
(B) Special fuel sold for use as a home
				heating oil for domestic purposes. Domestic purpose is defined as that portion
				which the individual purchaser does not use for business, commercial or
				industrial purposes. Domestic purpose includes state and federal governments,
				political subdivisions, public elementary and secondary schools, public
				institutions of higher education and churches; and
(C) Special fuel sold for use exclusively in
				railroad rolling stock for the transportation of persons or property.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.250 - Special Fuel Tax Refund Claims-Purchasers Claiming Refunds of Tax Paid on Fuel Used for Nonhighway Purposes

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded April 30, 2009)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 7 - Special Motor Fuel Use Tax › Section 12 CSR 10-7.320 - Adjustments to the Distribution of Funds Allocated Pursuant to Article IV, Section 30(a) of the Missouri Constitution as Referenced in Section 142.345, RSMo

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the authority section
				  of the rule.
(1) The
				population used for the distribution of motor fuel tax pursuant to Article IV,
				Section 30(a)1(2) shall be the latest federal decennial census.
(2) In the event that the latest census is
				amended by the United States Census Bureau due to a correction in the census,
				the Department of Revenue shall amend the population for distribution purposes
				under the following conditions:
(A)
				Notification of the correction to the last federal decennial census shall be
				received from the city, town or village which is affected by the correction in
				the census;
(B) The notification of
				the population change shall be accompanied by the official written notification
				from the United States Census Bureau;
(C) If the adjustment redistributes the total
				population within the state, the population of those cities, towns or villages
				affected shall be indicated; and
(D) If the adjustment changes the total
				population of the state and the population of the city, town or village, the
				notice shall indicate the adjustment to the total population and to the city,
				town or village affected.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 136.030, RSMo 1945, amended 1947,
					 1949, 1965 and 136.120, RSMo 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 136.030, RSMo 1945, amended 1947,
					 1949, 1965 and 136.120, RSMo 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 136.030, RSMo 1945, amended 1947,
					 1949, 1965 and 136.120, RSMo 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.080 - Appraisers Duties and Report of Appraisement

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2002)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.090 - Errors in Appraiser's Reports-Exceptions to Appraiser's Report

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2002)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.110 - Valuation of Life Estates and Remainder-Methods of Computation-Mortality Table

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2002)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.120

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 136.030, RSMo 1945, amended 1947,
					 1949, 1965 and 136.120, RSMo 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.130 - Exercise of Power of Appointment-Unlimited Power of Encroachment

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2002)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.160

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 32.065 RSMo 1982, amended 1986, 1995;
					 145.551, RSMo 1980, amended 1985, 1986, 1987; and 145.961, RSMo
					 1980.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 8 - Inheritance and Estate Tax › Section 12 CSR 10-8.190

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 145.011, RSMo 1980; 145.041, RSMo
					 1980; and 145.961, RSMo 1980.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.100

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992, 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.140

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.150

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.160

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.170

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.180

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.200

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.280

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 9 - Corporation Franchise Tax › Section 12 CSR 10-9.290

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 147.120.9, RSMo 1939, amended 1943,
					 1945, 1969, 1979, 1982, 1983, 1987, 1992,
					 1995.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.020 - Allocation of Bank Tax

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the Editor's Note,
				  removes outdated RSMo in (1)(C), and updates RSMo authority
				  year.
(1) The definitions of
				terms used in this rule are as follows:
(A)
				Taxable year shall mean the calendar year in which the bank tax is required to
				be filed and the bank tax is payable;
(B) Income period shall mean the calendar
				year next preceding the taxable year;
(C) Facility shall have the meaning ascribed
				to it in section 362.107, RSMo; and
(D) FDIC Report shall mean the summary of
				deposits filed with the Federal Deposit Insurance Corporation (FDIC) during the
				income period pursuant to the
Code of Federal Regulations
12 CFR
				304.3.(q).
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 148.100, RSMo 1945; 148.200, RSMo 1945
					 and 148.700, RSMo 1982.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.040 - Statute of Limitations for Credit Union and Savings and Loan Association Tax

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a statute of
				  limitations for the assessment of Credit Union and Savings and Loan Association
				  Tax as set out in Chapter 148, RSMo.
(1) Except as otherwise provided in this
				rule, an assessment shall be mailed to the taxpayer within three (3) years
				after the return was filed. No deficiency shall be assessed or collected with
				respect to the year for which the return was filed unless the notice is mailed
				within the three (3)-year period or the period otherwise fixed.
(2) If a taxpayer omits from its return an
				amount of income that is properly includable in its gross income which is in
				excess of twenty-five percent (25%) of the amount of gross income stated in its
				return, an assessment may be mailed to the taxpayer within six (6) years after
				the return was filed. For purposes of this rule, in determining the amount
				omitted, there shall not be taken into account any amount which is omitted in
				the return if the amount is disclosed in the return, or in a statement attached
				to the return, in a manner adequate to apprise the director of revenue of the
				nature and amount of the item.
(3)
				If no return is filed or a false or fraudulent return is filed with intent to
				evade the tax, an assessment may be mailed to the taxpayer at any
				time.
(4) If a taxpayer fails to
				report a change or correction in federal taxable income which would increase
				its tax liability under Chapter 148, RSMo an assessment may be mailed to the
				taxpayer within one (1) year after the Business Tax Bureau or Field Audit
				Bureau of the Department of Revenue shall become aware of the change or
				correction. A notice under this section shall be limited to the effects of the
				change or correction.
(5) Where,
				before the expiration of the time prescribed in this rule for the assessment of
				a deficiency, both the director of revenue and the taxpayer shall have
				consented in writing to its assessment after that time, the deficiency may be
				assessed at any time prior to the expiration of the period agreed upon. The
				period so agreed may be extended by subsequent agreement in writing made before
				the expiration of the period previously agreed upon.
(6) For purposes of this rule, a return filed
				before the last day prescribed by law or by a corresponding rule for the filing
				of that return shall be deemed to be filed on the last day. If a return for any
				period ending with or within a calendar year is filed before April 15 of the
				succeeding calendar year, the return shall be deemed to be filed on April 15 of
				the succeeding calendar year.
*Original authority: 148.100, RSMo 1945; 148.200, RSMo 1945
					 and 148.700, RSMo 1982.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.050 - Statute of Limitations for Credit Institutions Tax

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a statute of
				  limitations for the assessment of Credit Institutions Tax as set out in Chapter
				  148, RSMo.
(1) Except as
				otherwise provided in this rule, an assessment shall be mailed to the taxpayer
				within three (3) years after the return was filed. No deficiency shall be
				assessed or collected with respect to the year for which the return was filed
				unless the notice is mailed within the three (3)-year period or the period
				otherwise fixed.
(2) If a taxpayer
				omits from its return an amount of income that is properly includable in its
				gross income which is in excess of twenty-five percent (25%) of the amount of
				gross income stated in its return, an assessment may be mailed to the taxpayer
				within six (6) years after the return was filed. For purposes of this rule, in
				determining the amount omitted, there shall not be taken into account any
				amount which is omitted in the return if the amount is disclosed in the return,
				or in a statement attached to the return, in a manner adequate to apprise the
				director of revenue of the nature and amount of the item.
(3) If no return is filed or a false or
				fraudulent return is filed with intent to evade the tax, an assessment may be
				mailed to the taxpayer at any time.
(4) If a taxpayer fails to report a change or
				correction in federal taxable income which would increase its tax liability
				under Chapter 148, RSMo, an assessment may be mailed to the taxpayer within one
				(1) year after the Business Tax Bureau or Field Audit Bureau of the Department
				of Revenue shall become aware of the change or correction. A notice under this
				section shall be limited to the effects of the change or correction.
(5) Where, before the expiration of the time
				prescribed in this rule for the assessment of a deficiency, both the director
				of revenue and the taxpayer shall have consented in writing to its assessment
				after that time, the deficiency may be assessed at any time prior to the
				expiration of the period agreed upon. The period so agreed may be extended by
				subsequent agreement in writing made before the expiration of the period
				previously agreed upon.
(6) For
				purposes of this rule, a return filed before the last day prescribed by law or
				by a corresponding rule for the filing of that return, shall be deemed to be
				filed on the last day. If a return for any period ending with or within a
				calendar year is filed before April 15 of the succeeding calendar year, the
				return shall be deemed to be filed on April 15 of the succeeding calendar
				year.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.060 - Multiple Assessments of Credit Unions and Savings and Loan Associations for a Single Year

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies that the director of
				  revenue may issue multiple assessments against a taxpayer for a given period on
				  separate issues.
(1) The
				director of revenue may issue multiple assessments against the taxpayer for a
				single taxable year pursuant to section
				148.680,
				RSMo when the director determines, based on separate findings or evidence
				adduced at the hearing provided in section
				148.680,
				RSMo that the correct amount of the tax is greater than that tax computed by
				the taxpayer. The director, upon making the determination, shall notify the
				taxpayer by certified mail. The director will state on each assessment the
				reason for which it is issued. The taxpayer may seek independent review of each
				determination of the director of revenue by the Administrative Hearing
				Commission.
(2) Example: The
				taxpayer files a return for the taxable year and remits an underpayment of the
				tax for the period. The director determines based on the return and payment
				that the correct amount of the tax is greater than that remitted by the
				taxpayer and issues an assessment for the underpayment. At a later date, an
				audit conducted by the Department of Revenue of the credit union or savings and
				loan reveals additional findings based on separate issues not associated with
				the underpayment and the director determines that the correct amount of the tax
				is greater than that previously computed and based on these findings issues a
				separate assessment for the same taxable year. The taxpayer may seek
				independent review of each assessment by the Administrative Hearing Commission.
				The first assessment generated will be for the amount of the underpayment and
				will contain the language underpayment as the basis for the assessment. The
				second assessment for the same taxable period will be based on the audited
				findings and will contain the language additional audit findings as the basis
				for the assessment.
*Original authority: 148.700, RSMo
					 1982.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.070 - Extension of Time to File Credit Unions and Savings and Loan Associations Tax Returns

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the procedures for
				  filing request for extensions of time to file for Credit Unions and Savings and
				  Loan Associations tax returns.
(1) Reasonable extension of time to file
				under sections 148.610-148.710, RSMo is defined by the director of revenue to
				mean a period not to exceed one hundred eighty (180) days from the due date,
				April 15, for each taxable year. The extension request shall include either a
				copy of Extension of Time to File, Form 7004, filed with the federal government
				or the Missouri Application for Extension, Form 60. The request shall clearly
				state the reason for extending the filing date. The extension shall be granted
				only if it has been filed on or before the due date of the return. The
				extension shall be deemed granted unless denied in writing by the director of
				revenue. The extension may be denied or suspended at any time upon written
				notice to the applicant by the director of revenue.
(2) Any taxes not paid before the original
				due date shall bear interest computed in accordance with section
				148.640,
				RSMo.
(3) The return shall be filed
				and all unpaid taxes plus interest shall be remitted on or before the last day
				of the extension.
*Original authority: 148.700, RSMo
					 1982.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.080 - Multiple Assessments of Credit Institutions for a Single Year

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies that the director of
				  revenue may issue multiple assessments against a taxpayer for a given period on
				  separate issues.
(1) The
				director of revenue may issue multiple assessments against the taxpayer for a
				single taxable year pursuant to section
				148.190,
				RSMo when the director determines, based on separate findings, that the correct
				amount of the tax is greater than that tax computed by the taxpayer. The
				director, upon making the determination, shall notify the taxpayer by certified
				mail. The director will state on each assessment the reason for which it is
				issued. The taxpayer may seek independent review of each determination of the
				director of revenue by the Administrative Hearing Commission.
(2) Example: The taxpayer files a return for
				the taxable year and remits an underpayment of the tax for the period. The
				director determines, based on the return and payment, that the correct amount
				of the tax is greater than that remitted by the taxpayer and issues an
				assessment for the underpayment. At a later date, an audit conducted by the
				Department of Revenue of the credit institution reveals additional findings
				based on separate issues not associated with the underpayment and the director
				determines that the correct amount of the tax is greater than that previously
				computed and based on these findings issues a separate assessment for the same
				taxable year. The taxpayer may seek independent review of each assessment by
				the Administrative Hearing Commission. The first assessment generated will be
				for the amount of the underpayment and will contain the language underpayment
				as the basis for the assessment. The second assessment for the same taxable
				period will be based on the audited findings and will contain the language
				additional audit findings as the basis for the assessment.
*Original authority: 148.200, RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.090 - Extension of Time to File Credit Institutions Tax Returns

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the procedures for
				  filing request for extensions of time to file for credit institution tax
				  returns.
(1) Reasonable
				extension of time to file under sections 148.120-148.230, RSMo is defined by
				the director of revenue to mean a period not to exceed one hundred eighty (180)
				days from the due date, April 15, for each taxable year. The extension request
				shall include either a copy of Extension of Time to File, Form 7004, filed with
				the federal government, or the Missouri Application for Extension, Form 60. The
				request shall clearly state the reason for extending the filing date. The
				extension shall be granted only if it has been filed on or before the due date
				of the return. The extension shall be deemed granted unless denied in writing
				by the director of revenue. The extension may be denied or suspended at any
				time upon written notice to the applicant by the director of revenue.
(2) Any taxes not paid before the original
				due date shall bear interest computed in accordance with section
				32.065,
				RSMo.
(3) The return shall be filed
				and all unpaid taxes plus interest shall be remitted on or before the last day
				of the extension.
*Original authority: 148.200, RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.110 - Extension of Time to File Bank Tax Returns

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the procedures for
				  filing request for extensions of time for bank tax returns.
(1) Reasonable extension of time to file
				under sections 148.010-148.110, RSMo is defined by the director of revenue to
				mean a period not to exceed one hundred eighty (180) days from the due date,
				April 15, for each taxable year. The extension request shall include either a
				copy of Extension of Time to File, Form 7004, filed with the federal government
				or the Missouri Application for Extension, Form 60. The request shall clearly
				state the reason for extending the filing date. The extension shall be granted
				only if it has been filed on or before the due date of the return. The
				extension shall be deemed granted unless denied in writing by the director of
				revenue. The extension may be denied or suspended at any time upon written
				notice to the applicant by the director of revenue.
(2) Any taxes not paid before the original
				due date shall bear interest computed in accordance with section
				32.065,
				RSMo.
(3) The return shall be filed
				and all unpaid taxes plus interest shall be remitted on or before the last day
				of the extension.
*Original authority: 148.100 RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.120 - Delinquent Interest Rate for Insurance Premium and Retaliatory Taxes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment reflects the repeal of
				  section 148.461.1, RSMo, pertaining to the calculation of the interest rate
				  applicable to delinquent insurance premium and retaliatory taxes and clarifies
				  the application of the interest rate imposed in section
				  148.375,
				  RSMo.
(1) The delinquent
				interest computations for all quarterly payments which are due under sections
				148.310-148.461, RSMo will be calculated at a rate determined by section
				32.065,
				RSMo as provided by section
				148.375,
				RSMo and set out in 12 CSR 10-41.010. The delinquent
				rate will be computed for each month the payment is late, or fraction of a
				month, until the time the tax liability is paid in full.
(2) Claims for refunds must be filed within
				two (2) years from the date of payment in accordance with section
				136.035,
				RSMo (refund statute) on forms prescribed by the director of revenue.
*Original authority: 136.120, RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.130 - Bank Franchise Tax

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for filing
				  the bank franchise tax return as required under section
				  148.050, RSMo.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) A taxpayer subject to the Missouri bank
				franchise tax or substitute bank franchise tax provided for in sections
				148.030 and
				148.031, RSMo, shall file the
				return required by section
				148.050, RSMo, using the
				following forms published for the corresponding taxable year:
(A) Form INT-2;
(B) Form 2331; and
(C) Form 4347 (if apportionment is
				required).
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.140 - Interest, Additions to Tax and Penalty

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes an effective period
				  for computing interest, additions to tax and penalty as provided in section
				  148.062,
				  RSMo.
(1) The interest,
				additions to tax and penalty provisions provided in section
				148.062,
				RSMo shall be effective for all returns beginning with the taxable year
				1987.
(2) The interest provisions
				shall apply as follows:
(A) If the tax is not
				paid by the due date, interest shall apply at a rate as established by section
				32.065,
				RSMo;
(B) If the penalty or
				additions to tax are not paid within ten (10) days of notice and demand for
				them, interest will be imposed for the period from date of notice and demand to
				date of payment; and
(C) Any tax,
				interest, penalty or additions to tax which has been erroneously refunded shall
				bear interest as established by section
				32.065,
				RSMo.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.145 - Refund of Overpayment of Bank Tax-Refund From Other County

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes an effective date and
				  period for which bank franchise tax refunds may be issued, as provided by
				  sections
				  148.050,
				  148.062
				  and
				  148.076,
				  RSMo.
(1) This rule shall
				only apply for the purpose of refunds of overpayments of taxes paid pursuant to
				section
				148.030,
				RSMo.
(2) Credits will be allowed
				for credits approved by the director for taxable years prior to 1987.
(3) Interest will be allowed on any
				overpayments at a rate in accordance with section
				143.811,
				RSMo if the overpayment is not refunded within one hundred twenty (120) days of
				the due date or date the return was filed, whichever occurs later.
(A) Interest shall be allowed on any
				overpayment resulting from the filing of an amendment of the tax by the
				taxpayer for taxable year 1987 and after that on or before the last day
				prescribed for filing of the return without regard for any extension of time at
				the rate established by section
				143.811,
				RSMo.
(B) Interest shall be allowed
				on any overpayment where the overpayment resulted from filing of an amendment
				of tax by the taxpayer for taxable year 1987 and after that following the last
				date prescribed for the filing of the return at the rate of six percent (6%)
				per annum.
(C) No interest shall be
				allowed if the overpayment of tax is refunded within one hundred twenty (120)
				days after the last date prescribed or permitted by extension of time for
				filing the return.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.150 - Tax Credits on Bank Tax Return

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes guidelines concerning
				  allowable tax credits on the bank franchise tax return pursuant to section
				  148.030.3., RSMo.
(1) The
				following criteria shall be used to establish whether or not a tax credit may
				be claimed against the bank franchise tax, imposed by sections 148.010-148.110,
				RSMo, computed pursuant to section 148.030.3., RSMo:
(A) The payment must have been made to
				Missouri or a Missouri political subdivision;
(B) Payment must have resulted from a tax
				liability imposed by a government agency, as defined in subsection (1)(A) and
				cannot be a regulatory fee collected solely for the purpose of paying the cost
				of administering the taxing jurisdiction's laws; and
(C) The following should be used as a general
				guideline to determine if an exaction, required by subsection (1)(A), is an
				allowable tax credit or a noncreditable fee:
1. If the proceeds, paid as defined in
				subsection (1)(A), are collected for deposit into the general revenue account
				of the taxing jurisdiction, to raise revenue for the entity, then it is a tax
				and is an allowable tax credit; or
2. If the proceeds, paid as defined in
				subsection (1)(A), are collected primarily to cover the costs of the regulation
				of an activity, and which are then deposited with the regulatory agency, then
				it is a noncreditable fee.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.155 - Bank Tax/Sales Tax Credit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the taxable year when
				  the sales tax credits may be taken, in accordance with section 148.030.3.,
				  RSMo.
(1) Beginning with
				taxable year 1987, all state and local sales and use taxes paid by banks as
				purchasers to sellers, vendors or Missouri on purchases of tangible personal
				property and services enumerated in Chapter 144, RSMo shall be creditable
				against the bank tax imposed under section
				148.030,
				RSMo.
(2) All state and local sales
				and use taxes, taken as a credit, will not be allowed as a deduction in
				computing taxable income.
*Original authority: 148.100, RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.165 - Method of Computing Federal Income Tax Deduction for Credit Institutions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the method of
				  computing the federal income tax deduction for credit
				  institutions.
(1) Credit
				institutions using an accrual method of accounting to determine net income
				shall deduct their apportioned share of accrued consolidated federal income tax
				liability.
(2) Credit institutions
				using a cash basis method of accounting to determine net income shall deduct
				their apportioned share of consolidated federal income tax liability
				paid.
(3) The credit institution's
				apportioned share of consolidated federal income tax liability shall be
				determined by use of a fraction, the numerator of which is the taxpayer's
				taxable income computed as if a separate federal return were filed and the
				denominator of which is the total separate taxable incomes of the profit
				members of the consolidated group.
(4) Credit institutions which do not file a
				consolidated return for federal income tax purposes shall deduct accrued
				federal income tax liability, unless a cash basis method of accounting is used
				to determine net income.
*Original authority: 148.100, RSMo
					 1945.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 10 - Financial Institutions › Section 12 CSR 10-10.170 - Method of Computing Federal Income Tax Deduction for Credit Unions and Savings and Loan Associations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the method of
				  computing the federal income tax deduction for credit unions and savings and
				  loan associations.
(1) Credit
				unions and savings and loan associations using an accrual method of accounting
				to determine net income shall deduct their apportioned share of accrued
				consolidated federal income tax liability.
(2) Credit unions and savings and loan
				associations using a cash basis method of accounting to determine net income
				shall deduct their apportioned share of consolidated federal income tax
				liability paid.
(3) The credit
				union's or savings and loan association's apportioned share of consolidated
				federal income tax liability shall be determined by use of a fraction, the
				numerator of which is the taxpayer's taxable income computed as if a separate
				federal return were filed and the denominator of which is the total separate
				taxable income of the profit members of the consolidated group.
(4) Credit unions and savings and loan
				associations which do not file a consolidated return for federal income tax
				purposes shall deduct accrued federal income tax liability, unless a cash basis
				method of accounting is used to determine net income.
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 11 - County Sales Tax › Section 12 CSR 10-11.210 - Distribution of Delinquent Sales Taxes (St. Louis County Area)

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 2000)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 11 - County Sales Tax › Section 12 CSR 10-11.220 - Requirements for Filing the Incorporation of a New Political Subdivision (St. Louis County)

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 2000)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 11 - County Sales Tax › Section 12 CSR 10-11.230 - Adjustments Based Upon Annexation by Political Subdivisions (St. Louis County)

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 2000)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.335 - Participation of Auxiliary, Post or Organization Members in Licensee's Bingo Games

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.340 - Participation of FullTime Employee, Full-Time Staff Member or Ordained Member of Clergy

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.360 - Unit Container/Box of Pull-Tab Cards Sold, Total Gross Receipts Restricted and Gross Receipts Tax Due

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.380 - Bingo Licensees Restricted to Purchase/Lease from Licensed Distributor and/or Manufacturer

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.460 - Description and Certified Price List of Bingo Supplies and/or Equipment

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)
Missouri Code of State Regulations › Title 12 - DEPARTMENT OF REVENUE › Division 10 - Director of Revenue › Chapter 12 - Bingo Tax › Section 12 CSR 10-12.470 - Manufacturers or Distributors to Notify Director of Revenue of Change in Status

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 29, 1995)