Missouri Code of State Regulations
Title 12 - DEPARTMENT OF REVENUE
Division 30 - State Tax Commission
Chapter 2 - Original Assessment
Section 12 CSR 30-2.021 - Original Assessment by State Tax Commission and Appeals
Universal Citation: 12 MO Code of State Regs 30-2.021
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule sets a precise method for appealing final decisions of the State Tax Commission as regards public utilities and those taxpayers coming under the original assessment of the commission.
(1) Every railroad, telegraph, telephone, express company and other and similar public utility corporations, companies and firms (afterwards referred to as company) doing business in Missouri, unless otherwise provided, shall proceed before the State Tax Commission as follows:
(A) Each
company shall file its report with the State Tax Commission on or before April
1 of each year. Upon receipt of the report, the commission shall certify a
tentative assessment to the company. The commission shall set a date upon which
an informal hearing will be conducted for the company. At the hearing, the
company shall be permitted to submit to the commission evidence and exhibits
indicative of the value of the subject property;
(B) Subsequent to the proceedings set out in
subsection (1)(A), the commission shall certify a final assessment to the
company. The commission shall have the authority to amend a certified final
assessment which it deems to be erroneous, or pursuant to section 155.040.3,
RSMo, certify the value of commercial aircraft not owned by an airline company,
but no such amendment or certification shall be made after September 1 of the
tax year in question. Such erroneous assessments shall not include
disagreements over valuation, classification, or exemption, which must be
addressed through the appeal process. Upon receipt of the final assessment, the
company, if dissatisfied, shall file a petition for a rehearing, which shall be
decided as a contested case, after hearing on the record;
(C) The petition shall be directed to the
State Tax Commission. It shall state that the appeal is from the original
assessment entered by the commission; the date of the assessment; the name of
the taxpayer appealing; the business address of the taxpayer to which notice of
hearing may be mailed; a brief statement of why the commission should change or
modify the original assessment; and a brief statement of the relief to which
complainant may feel entitled. The petition shall be sworn to by the
complainant or his/her attorney;
(D) The petition for rehearing shall be filed
not more than thirty (30) days after the company receives notice of the
original assessment. The petition shall be served upon the commission by
delivery, personally, to any commissioner or to the secretary of the commission
or by registered mail, postage prepaid, addressed to the State Tax Commission
at Jefferson City, Missouri. If personal service is made, it may be proven by
the affidavit of any person competent to testify or by the official certificate
of any officer authorized under the laws of Missouri to execute process. If the
petition is served by mail, it shall be filed as of the date of its delivery by
the postal authorities, to the office of the State Tax Commission in Jefferson
City, Missouri;
(E) Discovery in
appeals shall be as in other contested cases pursuant to 12 CSR
303.040;
(F) An assistant attorney
general will assist the commission at the hearing and in preparing the
decision. The commission's staff attorneys will assist commission staff in
presentation of the case; and
(G)
The State Tax Commission shall set the matter for hearing at the office of the
State Tax Commission, Jefferson City, Missouri, within a reasonable time after
that, and notify the complainant and the proper state officer of the date. The
notice shall be given to the complainant by first-class mail, postage prepaid,
addressed to the complainant's place of business as given the petition
filed.
*Original authority: 138.420, RSMo 1939, amended 1945, 1947, 1986.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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