Opinion No. 18-82 (1982)

CourtMissouri Attorney General Reports
DecidedDecember 23, 1982
StatusPublished

This text of Opinion No. 18-82 (1982) (Opinion No. 18-82 (1982)) is published on Counsel Stack Legal Research, covering Missouri Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Opinion No. 18-82 (1982), (Mo. 1982).

Opinion

Dear Mr. Antonio:

This letter is in response to your question asking whether a third class or fourth class city is required to levy and attempt to collect a tax upon merchants' and manufacturers' personal property if the city levies a tax upon real property. After a careful review of the law affecting this difficult question, we conclude that a third class or fourth class city is not required to levy and attempt to collect such a tax simply because the city levies a tax upon real property. Because of the substantial amendments to Article X of the Missouri Constitution in 1982, we have undertaken to respond to your question by letter rather than by a more formal opinion of this office.

THE MISSOURI CONSTITUTION

In order to conclude that third and fourth class cities are not required to tax merchants' and manufacturers' personal property when a real property tax is levied, it must be determined that such a taxation scheme by the cities does not violate the Missouri Constitution and that it is authorized by statute. Sections 6, 3 and4(a), Article X, of the Missouri Constitution are the constitutional provisions that affect the validity of the tax scheme in question.

Article X, Section 6, Missouri Constitution (as amended in 1982) exempts certain classifications of property from taxation, and forbids the passing of any laws exempting property not included in the list. The section states in pertinent part:

1. All property, real and personal, of the state, counties and other political subdivisions, and non-profit cemeteries, shall be exempt from taxation; all personal property held as industrial inventories, including raw materials, work in progress and finished work on hand, by manufacturers and refiners, and all personal property held as goods, wares, merchandise, stock in trade or inventory for resale by distributors, wholesalers, or retail merchants or establishments shall be exempt from taxation; and all property, real and personal, not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies may be exempted from taxation by general law. In addition to the above, household goods, furniture, wearing apparel and articles of personal use and adornment owned and used by a person in his home or dwelling place may be exempt from taxation by general law but any such law may provide for approximate restitution to the respective political subdivisions of revenues lost by reason of the exemption. All laws exempting from taxation property other than the property enumerated in this article, shall be void. The provisions of this section exempting certain personal property of manufacturers, refiners, distributors, wholesalers, and retail merchants and establishments from taxation shall become effective, unless otherwise provided by law, in each county on January 1 of the year in which that county completes its first general reassessment as defined by law. [Emphasis added.]

We point out that this section will largely moot your question when the provisions relative to the merchants' and manufacturers' tax becomes effective, January 1 of the year in which the county completes its first general reassessment.

One could argue that a statutory tax scheme that does not impose a tax on merchants' and manufacturers' personal property results in the "exempting from taxation property other than the property enumerated in [Article X, Section 6]" and is therefore in violation of the Missouri Constitution. This reasoning fails, however, because such a tax scheme does not create an affirmative exemption for certain property, but merely omits taxing the property. In the case of City of Kansas City v. Mercantile MutualBuilding and Loan Association, 46 S.W. 624 (Mo. 1898), the Missouri Supreme Court interpreted the second to the last sentence of Section 6, then contained in Article X, Section 7, Missouri Constitution (1875), as prohibiting only those laws which establish affirmative exemptions for certain property, not laws which simply omit certain property from taxation. Thus, cities are not prohibited by Article X, Section 6, from omitting merchants' and manufacturers' personal property from taxation so long as no laws are passed which affirmatively create an exemption for the property.

Sections 3 and 4(a) of Article X are two other provisions of the Missouri Constitution that affect the validity of the tax scheme in question. Section 3 provides that "taxes may be levied and collected for public purposes only, and shall be uniform upon the same class or subclass of subjects within the territorial limits of the authority levying the tax. . . ." Section 4(a) states in part:

All taxable property shall be classified for tax purposes as follows: class 1, real property; class 2, tangible personal property; class 3, intangible personal property. The general assembly, by general law, may provide for further classification within classes 2 and 3, based solely on the nature and characteristics of the property, and not on the nature, residence or business of the owner, or the amount owned.

The two sections, when read together, state that a city must tax all property uniformly within a class and that personal property is in a different class than real property. It follows then that there is no constitutional requirement that merchants' and manufacturers'personal property be taxed if a real property tax is levied. Personal property is in a different classification than real property by the provisions of Article X, Section 4(a), so Article X, Section 3 does not require that the two classifications be taxed uniformly with respect to one another. For comparison of the classes and subclasses of property, see Section 4(b), Article X, as amended in 1982.

If third and fourth class cities levied a general tax upon personal property on the other hand, the Missouri Constitution would require that merchants' and manufacturers' personal property be taxed. A tax scheme by a city in which a general tax is levied upon personal property but omitted upon merchants' and manufacturers' personal property would run afoul of Sections 3 and 4(a) of the Missouri Constitution.

In the absence of further classification by the general assembly within the class of tangible personal property, merchants' and manufacturers' personal property is in the same class as all other personal property in accordance with Article X, Section 4(a). Further, it must be taxed uniformly with all other personal property as provided in Article X, Section 3. Although special provisions are made for the separate taxation of merchants' and manufacturers' personal property by counties (Chapter 150, RSMo), St. Louis and Kansas City (Sections 92.040, RSMo Supp. 1982, and 92.045, RSMo 1978), no such separate treatment of merchants' and manufacturers' personal property is provided by the general assembly for third and fourth class cities. Thus, the general assembly had no intention to subclassify this property apart from other personal property. All tangible personal property, including merchants' and manufacturers' personal property, must then be taxed uniformly as required by Article X, Section 3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Metal Form Corp. v. Leachman
599 S.W.2d 922 (Supreme Court of Missouri, 1980)
Kansas City v. J. I. Case Threshing MacHine Co.
87 S.W.2d 195 (Supreme Court of Missouri, 1935)
Kansas City v. Mercantile Mutual Building & Loan Ass'n
46 S.W. 624 (Supreme Court of Missouri, 1898)

Cite This Page — Counsel Stack

Bluebook (online)
Opinion No. 18-82 (1982), Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-18-82-1982-moag-1982.