Senate Bill 3010

AN ACT TO CREATE THE "INTERNET PROTECTION AND TAX RELIEF ACT"; TO AMEND SECTION 27-67-7, MISSISSIPPI CODE OF 1972, TO EXEMPT THE USE, STORAGE OR CONSUMPTION OF ITEMS PURCHASED THROUGH THE USE OF THE INTERNET FROM SALES TAXATION; TO AMEND SECTION 27-67-13, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DEPARTMENT OF REVENUE FROM AUDITING TAXPAYERS FOR NONPAYMENT OF USE TAXES; TO PROVIDE THAT CERTAIN RULES REGARDING THE COLLECTION OF USE TAX BY OUT-OF-STATE SELLERS PROPOSED BY THE DEPARTMENT OF REVENUE SHALL NOT TAKE EFFECT; TO CREATE A COMMITTEE TO STUDY PHASING OUT INCOME TAXATION OF CORPORATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-67-7, Mississippi Code of 1972, is amended as follows:

27-67-7. The tax levied by this article shall not be collected in the following instances:

(a) On the use, storage or consumption of any tangible personal property or specified digital products if the sale thereof has already been included in the measure of this tax or the tax imposed by Section 27-65-20 or Section 27-65-17, 27-65-19, 27-65-25 or 27-65-26, or has already been included in the measure of a sales tax imposed by another state in which the property or products were sold or use tax imposed by some other state in which the property was used. If the rate of sales or use tax paid another state by the person using the property or products in Mississippi is not equal to or greater than the rate imposed by this article, then the user or purchaser shall apply the difference in these rates to the purchase price or value of the property or products and pay to the commissioner the amount of tax thus computed. Persons using business property or products in this state which has been used by them in other states shall be entitled to a credit for sales and/or use tax paid to other states equal to the aggregate of all such state rates multiplied by the value of the property or products at the time of importation into this state. Persons using business property or products in this state which were acquired from another person who used it in other states shall be entitled to a credit equal to the applicable rate in the state of last prior use multiplied by the value of the property or products at the time of importation into this state. However, credit for use tax paid to another state shall not apply on the purchase price of tangible personal property or specified digital products that have been only stored or warehoused in the other state and the first use of the property or products occurs in Mississippi. Provided further, that credit for sales or use tax paid to another state shall not apply on the purchase price or value of automobiles, trucks, truck-tractors, semitrailers, trailers, boats, travel trailers, motorcycles and all-terrain cycles imported and first used in Mississippi.

Credit for sales or use tax paid to another state as provided in this paragraph (a) shall be evidenced by an invoice clearly and correctly showing the amount of the tax as a separate item, and no credit shall be allowed otherwise.

(b) On the use, storage or consumption of tangible personal property or specified digital products to the extent that sales of similar property or products in Mississippi are either excluded or specifically exempt from sales tax or are taxed at the wholesale rate.

This exemption shall be confined to the use of property or products the sale of which is an itemized exemption in the Mississippi Sales Tax Law, or to use by persons who are listed in the Mississippi Sales Tax Law as being exempt from sales tax.

(c) On the use, storage or consumption of tangible personal property or specified digital products brought into this state by a nonresident for his or her use or enjoyment while temporarily within the state, but not including tangible personal property or specified digital products brought in for use in connection with a business activity. This exemption shall not apply to property or products which remain situated in this state for the repeated use, storage or consumption by out-of-state visitors, or which is acquired by visitors and first used in this state.

(d) On the use of a motor vehicle for which a registration is required by the motor vehicle law, when such motor vehicle was purchased by a natural person for his personal or family use while such person was a bona fide resident of another state and who thereafter became a resident of this state, but not to include a motor vehicle which is transferred by the owner for commercial use or for use by another person within this state.

(e) On the use of personal and household effects by a natural person acquired while the person was a bona fide resident of another state, and who thereafter became a resident of this state.

(f) On the use or rental of motion picture film, video-audio tapes, phonograph records or specified digital products for exhibition either by a person paying Mississippi sales tax on gross income from admissions for the exhibitions or by a person operating a television or radio broadcasting station.

(g) On any vehicle purchased in another state for use outside of this state by a Mississippi citizen serving in the Armed Forces and stationed in another state who elects to license the vehicle in Mississippi.

(h) On the cost or value and on the use, storage and consumption of rail rolling stock and component parts thereof.

(i) On the use, storage or consumption of literature, video tapes, photographic slides or specified digital products used by religious institutions for the propagation of their creeds or for carrying on their customary nonprofit religious activities, and on the use of any tangible personal property or specified digital products purchased and first used in another state by religious institutions for the propagation of their creeds or for carrying on their customary nonprofit religious activities. "Religious institution," for the purpose of this exemption, means any religious institution granted an exemption under 26 USCS Section 501(c)(3). Any exemption under this paragraph obtained by fraud, misstatement or misrepresentation shall be cancelled by the * * *~~State Tax Commission~~ Department of Revenue, and the person committing the fraud, misstatement or misrepresentation shall be liable for prosecution for fraud on the assessment, and, on conviction, shall be fined not less than One Thousand Dollars ($1,000.00), or punished by imprisonment in the State Penitentiary for a term not to exceed five (5) years, or both, within the discretion of the court.

(j) The tax on the cost or value of farm machinery used in the harvesting of agricultural products shall be limited to the ratio of use within this state to the life of the property.

(k) [Repealed]

(l) On the use of machinery and equipment; special tooling such as dies, molds, jigs and similar items treated as special tooling for federal income tax purposes; or repair parts therefor or replacements thereof; or repair services thereon; by a taxpayer other than the manufacturer when the manufacturer still holds title to the items and the items are purchased by the manufacturer as a part of a project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii).

(m) On the use, storage or consumption of utilities purchased by a manufacturer described in Section 27-65-101(x).

(n) On the use, storage or consumption of utilities purchased by an enterprise described in Section 27-65-101(cc).

(o) On the use, storage or consumption of jet aircraft engines that are temporarily located within the State of Mississippi and are brought into the state for research and/or testing purposes at a jet aircraft engine research and testing facility.

(p) On the use, storage or consumption of items purchased through the use of the Internet.

SECTION 2. Section 27-67-13, Mississippi Code of 1972, is amended as follows:

27-67-13. Any person who uses, stores, or consumes any tangible personal property or specified digital products upon which a tax is herein imposed, or who has received a service which is taxable, upon which the tax has not been paid to the commissioner or to a seller authorized by the commissioner to collect the tax, shall be liable therefor, and shall file returns and pay the tax due the state to the commissioner as provided by this article * * *.; however, the department shall not audit any taxpayer for nonpayment of use taxes.

SECTION 3. The rules submitted by the Mississippi Department of Revenue to the Secretary of State on January 12, 2017, being "Title 35, Part IV, Subpart 3, Chapter 9 Out of State Sales into the State", shall not take effect and are hereby declared to be void.

SECTION 4. (1) There is created a study committee to study phasing out income taxation of corporations in Mississippi. The committee shall make a report of its findings and recommendations, including any recommended legislation, to the Legislature before December 31, 2017.

(2) The committee shall be composed of the following members:

(a) Three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives;

(b) Three (3) members of the Senate appointed by the Lieutenant Governor; and

Appointments must be made within thirty (30) days after the effective date of this act. Within fifteen (15) days after the period designated for making appointments, on a day to be designated jointly by the Lieutenant Governor and the Speaker of the House, the committee shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman will serve as secretary and is responsible for keeping all records of the committee. A majority of the members of the committee constitutes a quorum. An affirmative vote of a majority of the committee is required in the transaction of all business. All members must be notified in writing of all meetings, and such notices must be mailed at least five (5) days before the date on which a meeting is to be held.

(3) Legislative members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee may be paid while the Legislature is in session. A committee member may not incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action must be recorded in the official minutes of the meeting.

(4) The committee may utilize clerical and legal staff already employed by the Legislature and any other staff assistance made available to it. To effectuate the purpose of this act, upon the request of the chairman of the committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision of the state shall provide to the committee such facilities, assistance and data that will enable the committee to properly carry out its task.

(5) Upon presentation of its report to the Legislature, the committee shall be dissolved.

SECTION 5. This act shall be known and may be cited as the "Internet Protection and Tax Relief Act."

SECTION 6. This act shall take effect and be in force from and after July 1, 2017.