Missouri sales tax update: delivery charges
Posted On: 7-11-2017 | Posted By: Jessica Lehmen, CPA
On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 16, which exempts from Missouri sales and use tax “usual and customary” delivery charges that are stated separately from the sale price of retail sales.
In the summer of 2016, The Missouri Department of Revenue sent alerts to all businesses registered for Missouri sales tax. These alerts asserted that delivery charges may be taxable if delivery is intended to be part of the sale. The Missouri Supreme Court ruled in Alberici Constructors, Inc. v. Director of Revenue, 452 S.W.3d 632 (Mo. banc 2015) that intention is a key factor; if delivery was intended to be part of the sale of personal property, the seller would be expected to collect and remit sales taxes on the delivery fee, even if the delivery fee is separately stated on the invoice.
Senate Bill 16 is intended to clarify the matter and revert to the prior standard. The bill will take effect on August 28, 2017.
Please let your WK advisor know if you have any questions on how this bill affects you or your business.