Bill Text: MS HB1149 | 2015 | Regular Session | Engrossed
Bill Title: Use tax; distribute to municipalities a portion of revenue collected from certain taxpayers that voluntarily collect and remit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-03-03 - Died In Committee [HB1149 Detail]
Download: Mississippi-2015-HB1149-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Municipalities; Ways and Means
By: Representative Baker
House Bill 1149
(As Passed the House)
AN ACT TO PROVIDE THAT AN AMOUNT EQUAL TO A PORTION OF THE USE TAX REVENUE COLLECTED FROM TAXPAYERS THAT DO NOT HAVE SALES TAX NEXUS WITH THIS STATE BUT VOLUNTARILY COLLECT AND REMIT USE TAX TO THIS STATE SHALL BE DISTRIBUTED TO MUNICIPALITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) An amount equal to a portion of the use tax revenue collected from voluntary taxpayers and deposited into the State General Fund shall be allocated and distributed to municipalities in this state in the manner provided in subsection (2) of this section. For the purposes of this section, the term "voluntary taxpayer" means a taxpayer that does not have nexus with this state for sales tax purposes but voluntarily collects and remits use tax to this state on behalf of this state.
(2) (a) The Department of Revenue shall determine the total amount of funds to be distributed under this section by:
(i) Determining the percentage of total sales tax revenue collected during the preceding fiscal year under Section 27-65-1 et seq., except that collected under Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, that was distributed to municipalities during the preceding fiscal year under Section 27-65-75(1)(a);
(ii) Multiplying the percentage derived under subparagraph (i) by the total amount of use tax collected and remitted by voluntary taxpayers to this state during the preceding fiscal year; and
(iii) Multiplying the product derived under subparagraph (ii) by eighteen and one-half percent (18-1/2%).
(b) The total amount derived under paragraph (a) of this subsection shall be the amount of funds distributed to municipalities under this section. The department shall distribute the funds among municipalities based on the proportion that the amount of sales tax revenue distributed to a municipality during the preceding fiscal year under Section 27-65-75(1)(a) bears to the total amount of sales tax revenue distributed to all municipalities during the preceding fiscal year under Section 27-65-75(1)(a). The department shall make the distributions on or before January 31, 2016, and each succeeding January 31 thereafter. The distributions shall be made from General Fund revenue collections for the month of January.
SECTION 2. Section 1 of this act shall be codified as a separate section in Chapter 67, Title 27, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
