July 8, 2021
Effective January 1, 2023, Missouri has officially enacted economic laws for sales and use tax. Vendors lacking physical presence will have economic nexus in the state of Missouri if its gross sales from the current year or prior year exceed $100,000. Marketplace facilitators are also subject to the $100,000 economic nexus standard.
May 21, 2021
Missouri will likely be the last state imposing a sales tax to enact Wayfair legislation. It is one step closer to doing so after legislators approved S.B. 153/97, which the governor is expected to sign.
S.B. 153/97 requires remote sellers and marketplace facilitators with annual gross sales exceeding $100,000 to Missouri buyers to collect and remit Missouri state and local sales taxes beginning January 1, 2023. The Missouri Senate previously approved H.B. 554, which had an anticipated start date of January 1, 2022.
March 23, 2021
The Missouri Department of Revenue is extending the state individual tax filing and payment deadline for the 2020 tax year from April 15, 2021, to May 17, 2021. This decision mirrors the announcement by the U.S. Treasury Department and the Internal Revenue Service that individual taxpayers would receive automatic extensions to file and pay federal income tax for the 2020 tax year. This relief applies to individual taxpayers, including those who pay self-employment tax. It does not apply, however, to estimated tax payments that are due on April 15, 2021. Penalties and interest will begin to accrue on any remaining unpaid balances as of May 17, 2021. Individuals who file their returns and pay their balances by May 17, 2021, will automatically avoid interest and penalties on the tax paid by May 17th. Customers still may ask for an extension of time to file their individual income taxes. With that extension, the return will not be due until October 15, 2021. However, any payments still must be made by May 17, 2021. (News Release, Office of Missouri Governor Michael L. Parson, 03/19/2021; https://governor.mo.gov/press-releases/archive/governor-parson-announces-individual-tax-filing-and-payment-deadline-0.)
March 17, 2021
Two aircraft were purchased by a taxpayer outside the state, and then brought into Missouri. The taxpayer concurrently leased each aircraft on a non-exclusive basis to (i) its parent company, and (ii) an unrelated third-party. The taxpayer asserted each lease was a “sale” for purposes of Missouri’s use tax resale exemption. If each agreement was a “sale,” the taxpayer was entitled to elect to pay sales tax on the lease payments; but if the leases were not a “sale” under Missouri’s use tax law, the taxpayer would instead owe use tax on the purchase price of each aircraft. The Court ruled that the lease with the parent company was not a sale because with respect to this arrangement, the taxpayer itself retained general control and priority use of both aircrafts; the parent entity had no priority to use either aircraft, and could only operate the aircraft if it had not already been leased to a third party. However, the lease with the third-party was affirmed to be a sale because the taxpayer was required to deliver the aircraft to the third-party’s base of operation at the Spirit of St. Louis Airport, where the aircraft was required to be hangered in the third-party’s custody throughout the lease. Further, the taxpayer could not override the third-party’s scheduled use of the aircraft, and the third-party had operational control of the aircraft during chartered flights (i.e. it was solely responsible for its maintenance). Thus, the taxpayer was entitled to a resale exemption with respect to this lease to the third-party.
March 12, 2021
The Missouri Senate has approved H.B. 554 requiring use tax on sales be collected and remitted to the state by remote retailers and marketplace facilitators, starting January 1, 2022, when they meet the following criteria in the prior 12-months:
(1) Cumulative gross receipts of at least $100,000 from the sale of tangible personal property for storage, use, or consumption to purchasers for storage, use, or consumption in the state; and
(2) Does not have a physical presence within Missouri and the associated sales occurred without the use of Internet
Marketplace facilitators meeting the economic nexus threshold must register to collect and remit use tax on sales made into the state through either its marketplace or on behalf of a marketplace seller. Also, marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and remitted on their behalf.
Missouri is one of the last states to enact a tax obligation for out-of-state sellers since the Supreme Court’s ruling in Wayfair, which held that physical presence was no longer necessary for taxing a remote retailer.
If your Company’s 2021 sales into Missouri are projected to be over $100,000, prepare to register to collect use tax on sales in 2022. Please call a member of Withum’s State and Local Tax team with any questions or assistance.
April 1, 2020
The individual income and corporate tax return filing and payment deadline has been extended to July 15, 2020.
More on Taxes and the Coronavirus Pandemic.
Disclaimer: Please note this is the information that is readily available at this time, it is subject to change so please consult your Withum tax advisor.