Any overpaid sales and use tax can now be submitted directly to the state.
Missouri H.B. 1504 revises the sales and use tax statutes to allow a purchaser to seek remedy for overpaid taxes directly to the state. Any sales and use tax paid to a vendor or seller erroneously may be claimed, provided that the amount had not been previously refunded by the seller and with the stipulation that these claims can be used against previous offsets, defenses or other claims the director may have against the purchaser.
The claimant must obtain a notarized assignment of rights from the vendor. The assignment of rights must contain the Missouri sales or use tax registration number of the vendor, a list of transactions covered by the assignment, the tax periods and location for which the original sale was reported to the director of revenue by the vendor and a notarized statement signed by the vendor affirming that the vendor has not received a refund or credit. Once the assignment of rights is complete, the vendor cannot apply for relief on any of the tax collected on any transaction covered by the assignment.
In the event that the vendor fails to provide the assignment within 60 days of receiving the request, or if the purchaser is not able to locate the vendor or the seller is out of business, the purchaser may send a notarized detail confirming the efforts made to obtain the assignment of rights. The notarized statement must still contain the list of transactions covered by the assignment, the tax periods and location for the original sale as reported to the director of revenue.
If you would like additional information on this topic or have any questions, please contact the email@example.com