Section X Section 18

Constitution

Effective - 04 Dec 1980, see footnote   

  X Section 18.  Limitation on taxes which may be imposed by general assembly — exclusions — refund of excess revenue — adjustments authorized. — (a)  There is hereby established a limit on the total amount of taxes which may be imposed by the general assembly in any fiscal year on the taxpayers of this state.  Effective with fiscal year 1981-1982, and for each fiscal year thereafter, the general assembly shall not impose taxes of any kind which, together with all other revenues of the state, federal funds excluded, exceed the revenue limit established in this section.  The revenue limit shall be calculated for each fiscal year and shall be equal to the product of the ratio of total state revenues in fiscal year 1980-1981 divided by the personal income of Missouri in calendar year 1979 multiplied by the personal income of Missouri in either the calendar year prior to the calendar year in which appropriations for the fiscal year for which the calculation is being made, or the average of personal income of Missouri in the previous three calendar years, whichever is greater.

  (b)  For any fiscal year in the event that total state revenues exceed the revenue limit established in this section by one percent or more, the excess revenues shall be refunded pro rata based on the liability reported on the Missouri state income tax (or its successor tax or taxes) annual returns filed following the close of such fiscal year.  If the excess is less than one percent, this excess shall be transferred to the general revenue fund.

  (c)  The revenue limitation established in this section shall not apply to taxes imposed for the payment of principal and interest on bonds, approved by the voters and authorized under the provisions of this constitution.

  (d)  If responsibility for funding a program or programs is transferred from one level of government to another, as a consequence of constitutional amendment, the state revenue and spending limits may be adjusted to accommodate such change, provided that the total revenue authorized for collection by both state and local governments does not exceed that amount which would have been authorized without such change.

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(Adopted November 4, 1980).

(1983) Revenue generated in prior years cannot be included in "total state revenues" in fiscal year 1980-1981 for purposes of determining the revenue limit. Buechner v. Bond (Mo. banc), 650 S.W.2d 611.

(1997) Classification of "income taxpayers" did not warrant strict scrutiny. Section does not violate equal protection clause of constitution. Missourians for Tax Justice Education Project v. Holden, 959 S.W.2d 100 (Mo.).