Missouri SB 163: Modifies provisions relating to taxation

Bill Text

FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 163
103RD GENERAL ASSEMBLY
1248H.08C JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 135.010, 135.030, 137.073, 137.115, 143.011, 143.031, 143.121, 143.131,
143.175,and143.177,RSMo,andtoenactinlieuthereofelevennewsections relating
to taxation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 135.010, 135.030, 137.073, 137.115, 143.011, 143.031, 143.121,
2 143.131, 143.175, and 143.177, RSMo, are repealed and eleven new sections enacted in lieu
3 thereof, to be known as sections 135.010, 135.030, 137.067, 137.073, 137.115, 143.011,
4 143.031, 143.121, 143.131, 143.175, and 143.512, to read as follows:
135.010. As used in sections 135.010 to 135.030 the following words and terms
2 mean:
3 (1) "Claimant", a person or persons claiming a credit under sections 135.010 to
4 135.030. If the persons are eligible to file a joint federal income tax return and reside at the
5 same address at any time during the taxable year, then the credit may only be allowed if
6 claimedona combined Missouri incometax returnor a combinedclaim returnreporting their
7 combined incomes and property taxes. A claimant shall not be allowed a property tax credit
8 unlesstheclaimant or spousehasattainedthe ageof sixty-fiveon orbefore thelast day ofthe
9 calendar year and the claimant or spouse was a resident of Missouri for the entire year, or the
10 claimantor spouseisa veteran ofany branch ofthe Armed Forcesofthe UnitedStates orthis
11 state who became one hundred percent disabled as a result of such service, or the claimant or
12 spouse is disabled as defined in subdivision (2) of this section, and such claimant or spouse
13 provides proof of such disability in such form and manner, and at such times, as the director
14 of revenue may require, or if the claimant has reached the age of sixty on or before the last
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

15 day of the calendar year and such claimant received surviving spouseSocial Security benefits
16 during the calendar year and the claimant provides proof, as required by the director of
17 revenue, that the claimant received surviving spouse Social Security benefits during the
18 calendar year for which the credit will be claimed. [A claimant shall not be allowed a
19 property tax credit if the claimant filed a valid claim for a credit under section 137.106 in the
20 year following the year for which the property tax credit is claimed.] The residency
21 requirement shall be deemed to have been fulfilled for the purpose of determining the
22 eligibility of a surviving spouse for a property tax credit if a person of the age of sixty-five
23 years or older who would have otherwise met the requirements for a property tax credit dies
24 before the last day of the calendar year. The residency requirement shall also be deemed to
25 have been fulfilled for the purpose of determining the eligibility of a claimant who would
26 have otherwise met the requirements for a property tax credit but who dies before the last day
27 of the calendar year;
28 (2) "Disabled", the inability to engage in any substantial gainful activity by reason of
29 any medically determinablephysical or mental impairment which can be expectedto resultin
30 death or which has lasted or can be expected to last for a continuous period of not less than
31 twelve months. A claimant shall not be required to be gainfully employed prior to such
32 disability to qualify for a property tax credit;
33 (3) "Gross rent", amount paid by a claimant to a landlord for the rental, at arm's
34 length, of a homestead during the calendar year, exclusive of charges for health and personal
35 care services and food furnished as part of the rental agreement, whether or not expressly set
36 out in the rental agreement. If the director of revenue determines that the landlord and tenant
37 have not dealt at arm's length, and that the gross rent is excessive, then he shall determine the
38 gross rent based upon a reasonable amount of rent. Gross rent shall be deemed to be paid
39 only if actually paid prior to the date a return is filed. The director of revenue may prescribe
40 regulations requiring a return of information by a landlord receiving rent, certifying for a
41 calendar year the amount of gross rent received from a tenant claiming a property tax credit
42 and shall, by regulation, provide a method for certification by the claimant of the amount of
43 gross rent paid for any calendar year for which a claim is made. The regulations authorized
44 bythissubdivisionmayrequirealandlordoratenantorbothtoprovidedatarelatingtohealth
45 and personal care services and to food. Neither a landlord nor a tenant may be required to
46 provide data rel