[−] removed[+] addedOfficial text
[−]removed: EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[+]added: 4319S.02C
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SENATE [+]added: COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1291
[−]removed: 103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
4319S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 143.121, RSMo, and to enact in lieu thereof one new section relating to an income
tax deduction for certain
[…]
liability under any other federal law that provides direct economic impact payments to taxpayers to mitigate financial challenges related to the COVID-19 pandemic, and [+]added: 2
deducted from Missouri adjusted gross income under section 143.171; (2) Interest on certain governmental obligations excluded from federal gross income by 26 U.S.C. Section
[…]
1986, as amended, for a net operating loss the taxpayer claims in the tax year in which the net operating loss occurred or carries [+]added: 3
forward for a period of more than twenty years and carries backward for more than two years. Any amount of net operating loss taken
[…]
3. There shall be subtracted from the taxpayer's federal adjusted gross income the following amounts to the extent included in federal adjusted gross income: [+]added: 4
(1) Interest received on deposits held at a federal reserve bank or interest or dividends on obligations of the United States and its territories
[…]
acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain; [+]added: 5
(4) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted
[…]
on or before the date designated by the President by Executive Order as the date of the termination of combatant activities in such zone; [+]added: 6
(9) For all tax years ending on or after July 1, 2002, with respect to qualified property that is sold or otherwise disposed of
[…]
would have been allowable under 26 U.S.C. Section 163, as amended, if the limitation under 26 U.S.C. Section 163(j), as amended, did not exist; [+]added: 7
(12) One hundred percent of any retirement benefits received by any taxpayer as a result of the taxpayer's service in the Armed Forces of
[…]
be added to or subtracted from the taxpayer's federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351. [+]added: 8
5. There shall be added to or subtracted from the taxpayer's federal adjusted gross income the modifications provided in section 143.411. 6. In addition
[…]
be subtracted from the taxpayer's federal adjusted gross income to the extent the amount paid for any such activity is included in federal taxable [+]added: 9
income. The taxpayer shall provide the department of revenue with a summary of any recommendations made in a qualified home energy audit, the name
[…]
section shall expire on December 31, 2020. 10. (1) As used in this subsection, the following terms mean: (a) "Beginning farmer", a taxpayer who: [+]added: 10
a. Has filed at least one but not more than ten Internal Revenue Service Schedule F (Form 1040) Profit or Loss From Farming forms
[…]
as follows: a. A sale to a beginning farmer; b. A lease or rental agreement not exceeding ten years with a beginning farmer; or [−]removed: SB 1291 1 c. A crop-share arrangement not exceeding ten [−]removed: years30 [+]added: years
with a beginning [−]removed: farmer;30 [+]added: farmer;
(c) "Qualified family member", an individual who [−]removed: is30 [+]added: is
related to a farm owner within the fourth degree by [−]removed: blood,30 [+]added: blood,
marriage, or adoption and who is purchasing or leasing or [−]removed: is30 [+]added: is
in a crop-share arrangement for land from all or a [−]removed: portion30 [+]added: portion
of such farm owner's farming [−]removed: operation;30 [+]added: operation;
(d) "Taxpayer", any individual, [+]added: trust, firm, partner in [−]removed: a30 [+]added: a firm, corporation, partnership, shareholder in an [−]removed: S3 [+]added: S
corporation, or member of a limited liability [−]removed: company3 [+]added: company
subject to the income tax imposed under this [−]removed: chapter,3 [+]added: chapter,
excluding withholding tax imposed under sections 143.191 [−]removed: to3 143.265.3 [+]added: to
143.265.
(2) (a) In addition to all other [−]removed: subtractions3 [+]added: subtractions
authorized in this section, a taxpayer who is a farm [−]removed: owner3 [+]added: owner
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who sells all or a portion of such farmland to a [−]removed: beginning3 [+]added: beginning
farmer may subtract from such taxpayer's Missouri [−]removed: adjusted3 [+]added: adjusted
gross income an amount to the extent included in [−]removed: federal3 [+]added: federal
adjusted gross income as provided in this [−]removed: subdivision.3 [+]added: subdivision.
(b) Subject to the limitations in paragraph (c) [−]removed: of3 [+]added: of
this subdivision, the amount that may be subtracted shall [−]removed: be3 [+]added: be
equal to the portion of capital gains received from the [−]removed: sale3 [+]added: sale
of such farmland that such taxpayer receives in the tax [−]removed: year3 [+]added: year
for which such taxpayer subtracts such capital [−]removed: gain.3 [+]added: gain.
(c) A taxpayer may subtract the following amounts [−]removed: and3 [+]added: and
percentages per tax year in total capital gains [−]removed: received3 [+]added: received
from the sale of such farmland under this [−]removed: subdivision:3 [+]added: subdivision:
a. For the first two million dollars received, [−]removed: one3 [+]added: one
hundred [−]removed: percent;3 [+]added: percent;
b. For the next one million dollars received, [−]removed: eighty3 percent;3 [+]added: eighty
percent;
c. For the next one million dollars received, [−]removed: sixty3 percent;3 [+]added: sixty
percent;
d. For the next one million dollars received, [−]removed: forty3 [+]added: forty
percent; [−]removed: and3 [+]added: and
e. For the next one million dollars received, [−]removed: twenty3 percent.3 [+]added: twenty
percent.
(d) The department of revenue shall prepare an [−]removed: annual3 [+]added: annual
report reviewing the costs and benefits and [−]removed: containing3 [+]added: containing
statistical information regarding the subtraction of [−]removed: capital3 [+]added: capital
gains authorized under this subdivision for the previous [−]removed: tax3 [+]added: tax
year including, but not limited to, the total amount of [−]removed: all3 [+]added: all
capital gains subtracted and the number of [−]removed: taxpayers3 [+]added: taxpayers
subtracting such capital gains. Such report shall [−]removed: be3 [+]added: be
submitted before February first of each year to [−]removed: the3 [+]added: the
committee on agriculture policy of the Missouri house [−]removed: of3 [+]added: of
representatives and the committee on agriculture, [−]removed: food3 [+]added: food
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production and outdoor resources of the Missouri senate, [−]removed: or3 [+]added: or
the successor [−]removed: committees.3 [+]added: committees.
(3) (a) In addition to all other [−]removed: subtractions3 [+]added: subtractions
authorized in this section, a taxpayer who is a farm [−]removed: owner3 [+]added: owner
who enters a lease or rental agreement for all or a [−]removed: portion3 [+]added: portion
of such farmland with a beginning farmer may subtract [−]removed: from3 [+]added: from
such taxpayer's Missouri adjusted gross income an amount [−]removed: to3 [+]added: to
the extent included in federal adjusted gross income [−]removed: as3 [+]added: as
provided in this [−]removed: subdivision.3 [+]added: subdivision.
(b) Subject to the limitation in paragraph (c) of [−]removed: this3 [+]added: this
subdivision, the amount that may be subtracted shall [−]removed: be3 [+]added: be
equal to the portion of cash rent income received from [−]removed: the3 [+]added: the
lease or rental of such farmland that such taxpayer [−]removed: receives3 [+]added: receives
in the tax year for which such taxpayer subtracts [−]removed: such3 income.3 [+]added: such
income.
(c) No taxpayer shall subtract more than [−]removed: twenty-five3 [+]added: twenty-five
thousand dollars per tax year in total cash rent [−]removed: income3 [+]added: income
received from the lease or rental of such farmland [−]removed: under3 [+]added: under
this [−]removed: subdivision.3 [+]added: subdivision.
(4) (a) In addition to all other [−]removed: subtractions3 [+]added: subtractions
authorized in this section, a taxpayer who is a farm [−]removed: owner3 [+]added: owner
who enters a crop-share arrangement on all or a portion [−]removed: of3 [+]added: of
such farmland with a beginning farmer may subtract from [−]removed: such3 [+]added: such
taxpayer's Missouri adjusted gross income an amount to [−]removed: the3 [+]added: the
extent included in federal adjusted gross income as [−]removed: provided3 [+]added: provided
in this [−]removed: subdivision.3 [+]added: subdivision.
(b) Subject to the limitation in paragraph (c) of [−]removed: this3 [+]added: this
subdivision, the amount that may be subtracted shall [−]removed: be3 [+]added: be
equal to the portion of income received from the [−]removed: crop-share3 [+]added: crop-share
arrangement on such farmland that such taxpayer receives [−]removed: in3 [+]added: in
the tax year for which such taxpayer subtracts such [−]removed: income.3 [+]added: income.
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(c) No taxpayer shall subtract more than [−]removed: twenty-five3 [+]added: twenty-five
thousand dollars per tax year in total income received [−]removed: from3 [+]added: from
the lease or rental of such farmland under this [−]removed: subdivision.3 [+]added: subdivision.
(5) The department of agriculture shall, by [−]removed: rule,3 [+]added: rule,
establish a process to verify that a taxpayer is a [−]removed: beginning3 [+]added: beginning
farmer for purposes of this section and shall [−]removed: provide3 [+]added: provide
verification to the beginning farmer and farm seller of [−]removed: such3 [+]added: such
farmer's and seller's certification and qualification [−]removed: for3 [+]added: for
the exemption provided in this [−]removed: subsection.3[+]added: subsection.