1997 Regular Session
By: Senator(s) Bryan
Senate Bill 3093
AN ACT TO AMEND SECTION 27-65-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALES TAX IMPOSED UPON PERSONS ENGAGED IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY OR PERFORMING CONSTRUCTION ACTIVITY UPON CERTAIN FLOATING STRUCTURES LOCATED IN WATERS IN THE STATE OF MISSISSIPPI SHALL BE IN LIEU OF CERTAIN OTHER SALES TAXES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-65-18, Mississippi Code of 1972, is amended as follows:
27-65-18. (1) There is levied, assessed and shall be collected a tax of three and one-half percent (3-1/2%) upon the gross proceeds of sales or gross receipts of sales of every person engaging or continuing within this state in the business of selling any tangible personal property or performing any construction activity upon any floating structure that is normally moored and not normally engaged in the business of transporting people or property, and that is located in the waters within the State of Mississippi. Such structures include, but are not limited to, casinos, floating restaurants, floating hotels and similar property, regardless of whether the property is self-propelled. The tax imposed under this subsection (1) shall not apply to tangible personal property that is not a component part of the structure. When a person engaged in any business on which a tax is levied in Section 27-65-17 or 27-65-23, is subject to the tax imposed in this section, such person shall pay the tax imposed in this section in lieu of the tax imposed in Section 27-65-17 or 27-65-23.
(2) If the owner of a structure described in subsection (1) of this section holds a direct pay permit issued by the State Tax Commission under Section 27-65-93, and such owner furnishes the permit to the seller or person performing the construction activity, then the seller or person performing the construction activity shall be relieved of the duty to collect the tax imposed under subsection (1) of this section. The commissioner may assign a distinctive number to a structure and issue the distinctive number to the owner. The owner of the structure may furnish the distinctive number to persons performing construction activity in order to allow such persons to purchase component materials and parts for use in the construction activity without the requirement of paying sales tax on the purchases.
SECTION 2. This act shall take effect and be in force from and after its passage.