Missouri § 155.040 - Tax commission to assess aircraft, how.

§ 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.

---- end of effective  22 Mar 1994 ----

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