Missouri 2025 Regular Session

Missouri Senate Bill SB245

Introduced
1/8/25  

Caption

Authorizes a sales tax exemption for certain property sold at auction

Summary

SB245 is a Missouri sales tax exemption bill that repeals and reenacts sections 144.030 and 144.615 of the Revised Statutes of Missouri. Its central policy change is to add a new exemption for sales of used tangible personal property purchased by a consumer for personal use, not resale, when bought directly from a seller at an auction of used tangible personal property or from another consumer. The bill defines used tangible personal property as property sold a second time at auction or later, and it expressly excludes motor vehicles, trailers, boats, and outboard motors that are titled under Missouri law. Beyond the auction exemption highlighted in the bill caption, SB245 restates and preserves Missouri’s existing list of sales and use tax exemptions. Those exemptions cover a wide range of goods and activities, including agricultural inputs, manufacturing machinery and inputs, pollution-control equipment, utilities for domestic use, medical devices and prescription drugs, charitable and educational purchases, internet access, solar photovoltaic systems, and certain transportation-related property. The bill also includes language making clear that certain executive-branch tax rulings or agreements about warehouse/distribution-center nexus are void unless approved by both legislative chambers, and it updates the use-tax exemption section to mirror the new auction exemption. The bill’s impact on state law is to narrow the tax base by exempting a new category of secondhand auction sales from both sales tax and use tax, while leaving the broader exemption framework in place. It would affect consumers buying used goods at auctions or from other consumers, auction sellers, and the Department of Revenue’s administration of sales and use tax collection. Because the bill amends both the sales tax and use tax statutes, the exemption would apply consistently across those tax regimes. The general sentiment reflected in the available context appears favorable and straightforward, with the bill described in the caption as authorizing a sales tax exemption for certain property sold at auction. There are no committee transcript snippets or recorded votes provided, so there is no evidence of significant debate, opposition, or amendment activity in the supplied materials. The absence of recorded controversy suggests the measure was presented as a targeted tax relief bill rather than a broader tax policy overhaul. The main point of potential contention is the revenue effect of expanding exemptions, since any new sales or use tax exemption reduces state and local tax collections. Another possible issue is definitional scope—particularly what qualifies as “used tangible personal property” and how to distinguish covered consumer-to-consumer or auction sales from excluded titled property such as vehicles and boats. However, no specific objections or competing viewpoints are included in the record provided.

Impact

SB245 would amend Missouri’s sales and use tax statutes, sections 144.030 and 144.615, to create a new exemption for qualifying used tangible personal property sold at auction or directly between consumers. It would also conform the use-tax statute to the same exemption and preserve the state’s extensive existing exemption structure. The bill affects consumers, auction businesses, and tax administrators by removing tax liability from a new category of secondhand sales while leaving most other exemptions unchanged.

Sentiment

The available materials suggest a generally positive or at least noncontroversial reception. The bill’s caption frames it as a narrow sales tax exemption for certain auction property, and no committee discussion or vote history is provided to indicate organized opposition. Based on the text alone, the measure appears to be a targeted tax-relief proposal with limited apparent controversy in the record supplied.

Contention

The primary policy concern is fiscal: exempting more transactions from sales and use tax can reduce state and local revenue. A second issue is administration and line-drawing, especially determining which secondhand sales qualify as used tangible personal property and ensuring excluded items such as titled motor vehicles, trailers, boats, and outboard motors remain taxable. The bill also contains a separate nexus-related provision voiding certain executive tax agreements unless approved by both legislative chambers, which could be contentious in a broader tax-policy context, though no specific opposition is documented here.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.