143.071. Corporations — inapplicable to out-of-state businesses, when. — 1. For all tax years beginning before September 1, 1993, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five percent of Missouri taxable income.
2. For all tax years beginning on or after September 1, 1993, and ending on or before December 31, 2019, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to six and one-fourth percent of Missouri taxable income.
3. For all tax years beginning on or after January 1, 2020, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to four percent of Missouri taxable income.
4. The provisions of this section shall not apply to out-of-state businesses operating under sections 190.270 to 190.285.
Notes of Decisions
Akin v. Dir. of Revenue, 934 S.W.2d 295 (Mo. 1996).
· cites it 8× “§ 143.071, RSMo 1986. The new § 143.171 limited the Missouri income tax deduction allowed for federal income taxes paid to $5,000 on single individual returns and $10,000 on combined returns.”
Mid-Am. Television Co. v. State Tax Comm'n, 652 S.W.2d 674 (Mo. 1983).
· cites it 6× “The tax of a corporation shall be computed on its Missouri taxable income at the rates provided in section 143.071." *677 Hence, federal taxable income, determined "as if a separate federal income tax return had been filed", becomes the amount of Missouri taxable income to the…”
Wolff v. Dir. of Revenue, 791 S.W.2d 390 (Mo. 1990).
· cites it 2× “1361(a)(1) of the Internal Revenue Code of 1954, shall not be subject to the taxes imposed by section 143.071. 2. A shareholder of an S corporation shall determine his S corporation modification and pro rata share, including its character, by applying subsections 1 and 2 of…”
Amway Corp., Inc. v. Dir. of Revenue, 794 S.W.2d 666 (Mo. 1990).
· cites it 2× “The particular tax complained of is imposed by § 143.071, RSMo 1986, on “Missouri taxable income,” which is further described as “so much of [the corporate] federal income tax taxable income .”
Hirsch v. State Tax Comm'n, 646 S.W.2d 59 (Mo. 1983).
· cites it 2× “§ 1372 (b) to be a Subchap-ter S corporation, it shall be governed by §§ 1373, 1374, and 1375 of the Internal Revenue Code.”
Midwest Acceptance Corp. v. Dir. of Revenue, 183 S.W.3d 579 (Mo. 2006).
· cites it 2× “471, Midwest, as an S corporation, is not subject to the Missouri income tax on corporations under section 143.071. 4 Midwest’s shareholders, however, pay Missouri income tax on their share of Midwest’s income.”
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