Effective - 28 Aug 2005
92.077. Definitions. — As used in sections 92.074 to 92.095, unless the context clearly requires otherwise, the following terms mean:
(1) "Business license tax", any tax, including any fee, charge, or assessment in the nature of a tax, assessed by a municipality on a telecommunications company for the privilege of doing business within the borders of such municipality, and specifically includes any tax assessed on a telecommunications company by a municipality under section 66.300 and section 80.090, section 92.073, section 94.110, 94.270, or 94.360, or under authority granted in its charter, as well as an occupation license tax, gross receipts tax, franchise tax, or similar tax, but shall not include:
(a) Any state or municipal sales tax imposed under sections 144.010 to 144.525; or
(b) Any municipal right-of-way usage fee imposed under the authority of a municipality's police powers under Section 253(c) of the Federal Telecommunications Act of 1996, or under sections 67.1830 to 67.1846; or
(c) Any tax or fee levied for emergency services under section 190.292, 190.305, 190.325, 190.335, or 190.430*, or any tax authorized by the general assembly after August 28, 2005, for emergency services;
(d) Any flat tax duly imposed on or before August 28, 2005;
(2) "Director", the director of the department of revenue;
(3) "Municipal", of or relating to a municipality;
(4) "Municipality", any city, county, town, or village in Missouri entitled by authority of section 66.300, section 80.090, section 92.073, section 94.110, 94.270, or 94.360, or under authority granted in its charter to assess a business license tax on telecommunications companies;
(5) "Telecommunications company", any company doing business in this state that provides telecommunications service;
(6) "Telecommunications service", the same meaning as such term is defined in section 144.010. The term "telephone company", as used in sections 94.110, 94.270, and 94.360, shall have the same meaning as telecommunications company as defined in this section.
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(L. 2005 H.B. 209)
*Section 190.430 was repealed by H.B. 1456, 2018.
(2006) Subsection 10 of section 92.086 is a special law prohibited under subdivision (30), Section 40, Article III, Constitution of Missouri. Under the nonseverability clause in section 92.092, sections 92.074, 92.077, 92.080, 92.083, 92.086, and 92.089 are invalid in their entirety. City of Springfield v. Spring Spectrum, L.P., 203 S.W.3d 177 (Mo.).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 92 - Taxation in St. Louis, Kansas City, and Certain Other Cities
Section 92.010 - Maximum rate of levy for general purposes — method of increase (St. Louis).
Section 92.020 - Additional levy for library, hospital, recreational purposes authorized.
Section 92.030 - Maximum rate of levy for municipal purposes (Kansas City).
Section 92.031 - Annual tax for debt service, rate — (Kansas City).
Section 92.035 - Additional levy for museum purposes — admission to be free, when (Kansas City).
Section 92.036 - Residency requirements for officers and board members of museum (Kansas City).
Section 92.050 - Back tax books.
Section 92.060 - Back taxes, how collected.
Section 92.070 - Informality not to affect validity of books.
Section 92.073 - Gross receipts tax — collection, cost — delinquencies — refunds (St. Louis City).
Section 92.074 - Title of law.
Section 92.089 - Findings of general assembly — immunity for telecommunications companies, when.
Section 92.092 - Nonseverability clause.
Section 92.095 - Severability clause.
Section 92.105 - Intent clause.
Section 92.111 - Limitation on imposition of earnings tax — definitions.
Section 92.113 - Definition of salaries, wages, commissions and other compensation.
Section 92.115 - Constitutional charter cities — requirements — ballot language.
Section 92.120 - Tax rate limits.
Section 92.125 - Reduction of earnings tax, when, amount.
Section 92.130 - Income exempt from earnings tax.
Section 92.140 - Exemptions and deductions from tax may be authorized by city.
Section 92.150 - Net profits, how ascertained.
Section 92.160 - Tax ordinance to contain formulae for taxing profits of nonresidents.
Section 92.170 - Employers may collect tax, and allowance may be authorized.
Section 92.180 - Wage brackets may be established.
Section 92.190 - Tax ordinance not to require copies of federal or state income tax returns.
Section 92.200 - Amendment of charter required — present ordinance to continue.
Section 92.329 - Voter approval of tax required.
Section 92.332 - Majority vote required.
Section 92.334 - Gross receipts tax on certain businesses prohibited, when.
Section 92.340 - Refund or absorption of tax, prohibited.
Section 92.402 - Tax, how imposed — rate of tax — boundary changes, procedure, effect of.
Section 92.412 - Distribution to city, when — abolition of tax — account, how closed.
Section 92.420 - Other payments by city to transportation authority permitted.
Section 92.421 - Distribution of tax to transportation authority — use of funds.
Section 92.700 - Provisions, how adopted.
Section 92.725 - Lists, contents of.
Section 92.730 - Consolidation of pending suits — costs to be lien — defenses preserved.
Section 92.735 - Joinder of parcels, how numbered, fee.
Section 92.740 - Petition, form, contents.
Section 92.745 - Action in rem, pleadings, failure to answer, effect of.
Section 92.755 - Notice of foreclosure, how given, form.
Section 92.760 - Notice of filing, how made, form of.
Section 92.770 - Attorneys, employment authorized, compensation.
Section 92.800 - Equity rules of procedure required, exception.
Section 92.805 - Judgment, findings, effect.
Section 92.815 - Redemption contracts, installment payments.
Section 92.817 - Foreclosure sale stayed, when — procedure.
Section 92.820 - Sale, where held — notice, form — occupancy permit required, when.
Section 92.830 - Sale, insufficient bid, effect.
Section 92.835 - Title, how held by reutilization authority — title, how taken by others.
Section 92.850 - Deputy sheriff, authority.
Section 92.855 - Sheriff's deed, effect of.
Section 92.860 - Fees allowable.
Section 92.863 - Costs, how apportioned — collector's fees.
Section 92.865 - Amended petition, when allowed.
Section 92.870 - Applicable provisions of general law to apply.
Section 92.875 - Land reutilization authority created, purpose.
Section 92.880 - Beneficiaries of authority — interest, how determined.
Section 92.885 - Members, appointment — vacancy, how filled.
Section 92.890 - Commissioners, organization, bond, oath.
Section 92.895 - Authority's seal, powers.
Section 92.900 - Duties of authority.
Section 92.910 - Inventory of real estate required.
Section 92.915 - Accounts, how kept — expenditures, priority of.
Section 92.916 - Duties of collector — compensation (St. Louis City).
Section 92.930 - Sale of lands subject to covenants and easements.