Section 18 Transactions Occurring in Taxable Years Beginning After December 31, 1988, Involving Sales of Tangible Personal Property
Library | Tax Law 2009 |
While Wolff Shoe Co. v. Director of Revenue, 762 S.W.2d 29 (Mo. banc 1988), was pending, see §8.17, supra, the legislature repealed the portion of § 144.010.1(7), RSMo, that related to single-factor apportionment and amended § 143.451.2, RSMo, by adding a new subdivision (3):
(3) For the purposes of this section, a transaction involving the sale of tangible property is:
(a) “Wholly in this state” if both the seller’s shipping point and the purchaser’s destination point are in this state;
(b) “Partly within this state and partly without this state” if the seller’s shipping point is in this state and the purchaser’s destination point is outside this state, or the seller’s shipping point is outside this state and the purchaser’s destination point is in this state;
(c) Not “wholly in this state” or not “partly within this state and partly without this state” only if both the seller’s shipping point and the purchaser’s destination point are outside this state;
(d) This subdivision shall not apply and subdivision (2) of subsection 2 of this section shall apply to transactions in which tangible property was moved from within this state to another state prior to shipment to the purchaser or in which both the...
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- Section 1 Domestic Corporations
- Section 2 Jurisdiction to Tax Foreign Corporations
- Section 3 Eligibility for Allocation and Apportionment of Income
- Section 4 Introduction
- Section 5 Consolidated Returns
- Section 6 Use of a Nonstandard Apportionment Formula
- Section 7 Single-Factor Formula
- Section 8 Transactions Occurring Before January 1, 1980, and Transactions After December 31, 1979, Not Involving Sales of Tangible Personal Property
- Section 9 Summary: Circumstances Requiring or Permitting Apportionment
- Section 15 Entitlement to Apportionment of Income vs. Application of the Apportionment Formula
- Section 16 Double Taxation
- Section 17 Transactions Occurring After December 31, 1979, Involving Sales of Tangible Personal Property
- Section 18 Transactions Occurring in Taxable Years Beginning After December 31, 1988, Involving Sales of Tangible Personal Property
- Section 19 Allocation of Income
- Section 20 Eligibility for Allocation and Apportionment of Income
- Section 21 Business/Nonbusiness Income Distinction
- Section 22 Classification of Particular Items of Income
- Section 23 Introduction
- Section 24 Property Factor
- Section 25 Numerator of the Property Factor
- Section 26 Valuation
- Section 27 Payroll Factor
- Section 28 Sales Factor
- Section 29 Multiple Businesses of a Single Taxpayer
- Section 30 Consistency and Uniformity in Reporting
- Section 31 Other Methods of Allocation and Apportionment
- Section 32 Affiliated Groups of Corporations Doing an Interstate Business
- Section 33 Division of Deductions
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