Section 137.010

Title X TAXATION AND REVENUE

Chapter 137

Effective - 28 Aug 2018, 3 histories   

  137.010.  Definitions. — The following words, terms and phrases when used in laws governing taxation and revenue in the state of Missouri shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

  (1)  "Grain and other agricultural crops in an unmanufactured condition" shall mean grains and feeds including, but not limited to, soybeans, cow peas, wheat, corn, oats, barley, kafir, rye, flax, grain sorghums, cotton, and such other products as are usually stored in grain and other elevators and on farms; but excluding such grains and other agricultural crops after being processed into products of such processing, when packaged or sacked.  The term "processing" shall not include hulling, cleaning, drying, grating, or polishing;

  (2)  "Hydroelectric power generating equipment", very-low-head turbine generators with a nameplate generating capacity of at least four hundred kilowatts but not more than six hundred kilowatts and machinery and equipment used directly in the production, generation, conversion, storage, or conveyance of hydroelectric power to land-based devices and appurtenances used in the transmission of electrical energy;

  (3)  "Intangible personal property", for the purpose of taxation, shall include all property other than real property and tangible personal property, as defined by this section;

  (4)  "Real property" includes land itself, whether laid out in town lots or otherwise, and all growing crops, buildings, structures, improvements and fixtures of whatever kind thereon, hydroelectric power generating equipment, the installed poles used in the transmission or reception of electrical energy, audio signals, video signals or similar purposes, provided the owner of such installed poles is also an owner of a fee simple interest, possessor of an easement, holder of a license or franchise, or is the beneficiary of a right-of-way dedicated for public utility purposes for the underlying land; attached wires, transformers, amplifiers, substations, and other such devices and appurtenances used in the transmission or reception of electrical energy, audio signals, video signals or similar purposes when owned by the owner of the installed poles, otherwise such items are considered personal property; and stationary property used for transportation or storage of liquid and gaseous products, including, but not limited to, petroleum products, natural gas, propane or LP gas equipment, water, and sewage;

  (5)  "Reliever airport", any land and improvements, exclusive of structures, on privately owned airports that qualify as reliever airports under the National Plan of Integrated Airport Systems that may receive federal airport improvement project funds through the Federal Aviation Administration;

  (6)  "Tangible personal property" includes every tangible thing being the subject of ownership or part ownership whether animate or inanimate, other than money, and not forming part or parcel of real property as herein defined, but does not include household goods, furniture, wearing apparel and articles of personal use and adornment, as defined by the state tax commission, owned and used by a person in his home or dwelling place.

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(L. 1945 p. 1799 § 3, A. 1949 S.B. 1021, A.L. 1974 S.B. 333, A.L. 1981 S.B. 13, A.L. 1989 H.B. 181 & 633, A.L. 1991 H.B. 608, A.L. 2011 H.B. 737, A.L. 2014 S.B. 729, A.L. 2018 S.B. 881)

(1968) Leasehold interest held by private corporation in real estate owned by municipality is within definition of "real property", of this section and is taxable as real property and the exemption accorded the municipality from taxation on its real estate does not extend to a privately owned leasehold in that real estate.  Iron County v. State Tax Commission (Mo.) 437 S.W.2d 665.

(1984) Billboards are within the definition of "structures, improvements and fixtures of whatever kind" and constitute real property for assessment and ad valorem property taxation.  State ex rel.  Thompson v. Osage Outdoor Advertising (Mo. App.), 674 S.W.2d 81.

(1984) Elements of a fixture are:  Annexation to the realty, adaptation to the location, and intent of the annexor at the time of annexation.  Oberjuerge Rubber Company v. State Tax Commission of Missouri (Mo. App.), 674 S.W.2d 186.