Missouri Revised Statutes

Mo. Rev. Stat. § 155.040 (2026)

Tax commission to assess aircraft, how

✓ current as of May 2026
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  155.040.  Tax commission to assess aircraft, how. — 1.  The state tax commission shall assess, adjust and equalize the valuation of all commercial aircraft operated in this state in air commerce by every airline company.  The valuation apportioned to this state shall be the portion of the total valuation of the commercial aircraft as determined by the state tax commission on the basis of the arithmetical average of the following two ratios:

  (1)  The ratio which the certificated route miles of the airline company within the state bears to the total certificated route miles of the airline company;

  (2)  The ratio which the miles flown by commercial aircraft of the airline company within this state bears to the total miles flown by the commercial aircraft of the airline company during the immediately preceding calendar year.

  2.  In the event one ratio is inapplicable, then the apportionment shall be made on the basis of the remaining ratio alone.

  3.  The state tax commission shall assess, adjust and equalize the valuation of all commercial aircraft, other than commercial aircraft operated in this state in air commerce by any airline company, which are operated in this state.  By May first of each year, the county assessor shall provide the state tax commission with any information compiled from personal property lists filed with the assessor necessary for the state tax commission to assess aircraft pursuant to this subsection.  It shall be the duty of the owner or holder of commercial aircraft to inform the assessor of the claim of "commercial aircraft" upon the return of the personal property list to the assessor.  Upon request, the owner or holder of the commercial aircraft shall provide to the state tax commission any additional information which the state tax commission deems necessary to assess said property.  The valuation allocated to this state shall be the portion of the total valuation of the aircraft as determined by the state tax commission based upon the ratio which the miles flown by the commercial aircraft within this state bears to the total miles flown by the aircraft during the immediately preceding calendar year.

  4.  The state tax commission shall certify all values of commercial aircraft determined by the state tax commission to the taxpayer and the clerks of the respective counties and the city of St. Louis by June fifteenth of the tax year.

  5.  Any owner or holder may appeal said assessment of commercial aircraft directly to the state tax commission by August fifteenth of the tax year without first appealing to the local board of equalization.  Counsel for the state tax commission shall represent the commission's original assessment section in any such proceeding, with a duly appointed hearing officer or officers hearing and deciding the case.

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(L. 1959 S.B. 179 § 4, A.L. 1990 H.B. 1280, A.L. 1994 S.B. 675)

Effective 3-22-94

(1964) Apportionment formula should be applied only to the valuation of the aircraft which were operated in Missouri in air commerce during the tax year.  There is no statutory requirement that assessment be made separately by type of plane nor that it be made in the aggregate, although it would not seem appropriate for the tax commission to shift back and forth from one method to the other. Delta Air Lines, Inc. v. Missouri State Tax Commission (Mo.), 378 S.W.2d 515; United Airlines, Inc. v. State Tax Commission (Mo.), 377 S.W.2d 444.

Notes of Decisions
Cited in 5 cases, 1963–2014 · leading case: United Air Lines, Inc. v. State Tax Comm'n, 377 S.W.2d 444 (Mo. 1964).
United Air Lines, Inc. v. State Tax Comm'n, 377 S.W.2d 444 (Mo. 1964). · cites it 37× “Section 155.040, which provides for the assessment of aircraft, is as follows: "1.”
Am. Airlines, Inc. v. City of St. Louis, 368 S.W.2d 161 (Mo. 1963). · cites it 4× “July 6, 1960, the State Tax Commission, acting under Chapter 155, particularly Section 155.040, determined the Missouri valuations of plaintiffs' aircraft for 1960 in the amounts of $1,815,088 for the aircraft of American and $751,592 for the aircraft of Delta.”
Bi Go Markets, Inc. v. Morton, 843 S.W.2d 916 (Mo. 1992). · cites it 3× “060(3), RSMo 1986 (interstate railroad property to be apportioned); Section 155.040, RSMo 1986 (interstate airline property to be apportioned).”
Crown Diversified Holdings, LLC v. St. Louis Cnty., Missouri, Assessor Jake Zimmerman & State Tax Comm'n of Missouri, Defendants/Respondents., 452 S.W.3d 226 (Mo. Ct. App. 2014). · cites it 3× “On appeal, Taxpayer claims the circuit erred by (1) denying summary judgment to Taxpayer on the basis that § 155.040 RSMo 2000 2 precludes the STC from retroactively apportioning the value of the aircraft; (2) finding that Taxpayer has an adequate remedy at law and, thereby,…”
Delta Air Lines, Inc. v. Missouri State Tax Comm'n, 378 S.W.2d 515 (Mo. 1964). · cites it 10× “Section 155.040, which provides for the assessment of aircraft, is as follows: “1.”
Mo. Rev. Stat. § 155.040(2): 1 case
Delta Air Lines, Inc. v. Missouri State Tax Comm'n, 378 S.W.2d 515 (Mo. 1964). “Section 155.040, which provides for the assessment of aircraft, is as follows: “1.”
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