Connect with us

Missouri

Missouri appeals court revives challenge to KCMO’s earnings-tax ordinance

Published

on

Missouri appeals court revives challenge to KCMO’s earnings-tax ordinance


KANSAS CITY, Mo. — The Missouri Courtroom of Appeals Western District has revived a problem to modifications Kansas Metropolis, Missouri, made for individuals in search of refunds of the city-imposed earnings tax.

A Cass County lady, Kim Huebert, challenged a provision within the ordinance that altered the refund course of in March 2022.

The KCMO Metropolis Council repealed a piece of the earnings-tax-refund ordinance that gave taxpayers as much as 5 years to hunt a refund for overpayment of the 1% tax residents and employees at companies inside metropolis limits pay.

Below Ordinance No. 220164, taxpayers might solely file for a refund of that yr’s taxes and had been required to take action by the federal income-tax-filing deadline.

Advertisement

The ordinance additionally made the refund course of cumbersome and costly for taxpayers, requiring refund-seekers to sue the town in small-claims court docket, per Missouri statute.

The Metropolis Council handed a brand new ordinance in March 2023, which largely reversed these necessities — although it did require just a little extra paperwork than the previous course of.

Nonetheless, the elimination of the five-year submitting interval remained.

Huebert, who sought a refund for earnings taxes paid in 2019 and 2020 in March 2022 solely to have it denied 4 months later, sued the town in July 2022 for eliminating the five-year window with out ample discover.

A Cass County Circuit Courtroom dismissed Huebert’s lawsuit in October 2022 after the town argued that she “didn’t have a vested proper to a tax refund.”

Advertisement

Huebert’s attorneys appealed, arguing the circuit court docket decide erred by permitting the town “retrospectively to extinguish her proper to hunt a refund of overpaid earnings taxes.”

The decide dominated that Ordinance No. 220164 successfully offered a brand new statute of limitations for in search of an earnings-tax refund.

However in doing so, Missouri Appeals Courtroom Decide Alok Ahuja wrote in his opinion that the town “can’t extinguish causes of motion which had been viable on the date the brand new statute grew to become efficient, until the brand new statute provides present claimholders an affordable time inside which to claim their rights after the brand new statute’s efficient date.”

Judges Anthony Rex Gabbert and Thomas N. Chapman additionally heard the case as a part of a three-judge panel.

The appeals court docket dominated that the brand new ordinance is enforceable for the 2022 tax yr and transferring ahead, which possible implies that all refund claims made after Tuesday’s federal submitting deadline for final yr’s taxes will likely be denied.

Advertisement

Nonetheless, taxpayers in search of refunds for 2018-2021 ought to keep the precise to file for these refunds underneath relevant metropolis and state legal guidelines throughout that point interval, Ahuja wrote.

The decrease court docket’s dismissal has been reversed and the Huebert’s case has been remanded again to Cass County Circuit Courtroom “for additional proceedings in keeping with this opinion,” Ahujua wrote.

KCMO had but to answer a request for remark in regards to the appeals-court determination.





Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Missouri

Lucas says taxpayers will lose if Kansas and Missouri engage in incentive competition for Chiefs, Royals

Published

on

Lucas says taxpayers will lose if Kansas and Missouri engage in incentive competition for Chiefs, Royals


KANSAS CITY, Mo. (KCTV) – The fight over the future home of the Chiefs and Royals continues.

On Thursday, Missouri Governor Mike Parson said he expects the state to produce an aid package to keep the teams in the Show Me State by the end of the year Missouri governor says he expects public aid plan to keep Chiefs, Royals in state.

This comes after Kansas put together a plan last week to try bring both teams to its side of the state line. Kansas is offering to pay for up to 70 percent of the cost of two new stadiums over 30 years through sales tax and revenue (STAR) bonds.

Gov. Parson did not provide specifics of what Missouri’s deal for the teams would look like, but he’s confident Missouri will win out.

Advertisement

“Missouri’s in a much better financial shape than Kansas is, but it depends on how much you want to tie up for a 25- to 40-year lease with a team,” Parson said. “I don’t know what that amount will be, but I think Missouri is in a much better position than what Kansas’ bonds are.”

Locally, Kansas City Mayor Quinton Lucas says the city and state never stopped talking to the teams. He is glad to see Missouri start to act at the state level.

“We’ve known all along that Missouri would continue to be competitive. The city of Kansas City will, as well,” said Lucas. “The Chiefs and Royals belong in Kansas City, Missouri.”

READ MORE: Discussions of new sales tax proposal for Chiefs stadium delayed by Jackson County legislators

Lucas thinks the state of Missouri may need to get involved in the stadium discussion as it may be an economic pool too deep for the city to swim in.

“The state of Kansas threw out some fairly extensive tools. I don’t know to what extent they are ones that could ever work objectively,” Lucas said. “I think that when we are talking about the size of particularly a football stadium, the tens of thousands of parking spots, the expense, the billions of dollars, we owe it to our taxpayers in Kansas City to make sure that conversation gets beyond just the 508,000 people in Kansas City and is something far more extensive.”

Advertisement

Lucas sees Kansas’ STAR bond legislation as a clear violation of the border war truce between Kansas and Missouri. He says the failed vote in Jackson County doesn’t mean the state of Missouri wants the teams to leave.

READ MORE: Pasquantino hits go-ahead sacrifice fly as Royals rally to beat AL Central-rival Guardians, 2-1

“The border war truce was about not using economic development tools to poach a business from another jurisdiction that has been there for a long time. The Chiefs and Royals have been in Missouri for years. There are economic tools being used to steal them,” said Lucas. “Jackson County alone does not speak for the entire state of Missouri or the city of Kansas City, and those discussions are ongoing.”

Now, Lucas fears Kansas’ STAR bond legislation will start an arms race of incentives to keep the teams in the metro – to the franchises’ benefit, and not to metropolitan Kansas City as a whole.

“I think what people of our community will see, for better or worse, is competing incentives,” Lucas said. “Usually when you have a battle like that, it’s only the taxpayers who lose. That’s what happens in battles like this, but we’ll still work to get to the best deals possible.”

Advertisement



Source link

Continue Reading

Missouri

Missouri man seriously injured in crash on 23 Highway

Published

on

Missouri man seriously injured in crash on 23 Highway


JOHNSON COUNTY, Mo. (KCTV) – A 50-year-old Missouri man was seriously injured Thursday morning in a single-vehicle crash on a rural highway.

The Missouri State Highway Patrol said 50-year-old Ronald Watson of Leeton, Mo., was seriously injured after crashing his motorcycle on Missouri Highway 23 at Route WW.

While attempting to drive around a curve, Watson activated the clutch instead of the brake on the motorcycle, causing the bike to overturn, MSHP officials said in a crash report.

The crash happened shortly after 6:15 a.m. Thursday. According to the crash report, Watson was wearing a helmet.

Advertisement

He was ejected from the bike after the bike overturned and skid off the right side of the highway.



Source link

Continue Reading

Missouri

Task force continues work on Missouri’s substance abuse crisis – Missourinet

Published

on

Task force continues work on Missouri’s substance abuse crisis – Missourinet


The Missouri Legislature’s Task Force on Substance Abuse Prevention and Treatment is holding monthly meetings to brainstorm ways to fight drug abuse. It is continuing its work from last year to help Missourians battling addiction.

Dr. Angeline Stanislaus, with the Missouri Department of Mental Health, led a presentation about how substance use affects a person’s brain. She told lawmakers that repeated use of a substance could cause withdrawal, craving, and loss of control.

“In order to get a certain buzz level of mental state that you’re looking for, a buzz or a euphoric state you’re looking for, you may initially take even one glass of wine may have done it, or two glasses of wine might have done it, but over a period of time, if you use it on a daily basis or several times a week, the two glasses of wine is not giving you the buzz,” she said. “It’s going to be three. It may be four, it may take five.”

Stanislaus said that this same pattern of use appears with someone using opioids, alcohol, tobacco, and hard drugs.

Advertisement

She explained that abuse and neglect play a big part in substance abuse.

“The most common form of abuse is neglected children,” she said. “They just are born, and they don’t get the touch because touch is so important. The nourishing nurturing nature of an adult to a child is so important for the child when the child is born. They are not touched; they are not given the right amount of stimulation.”

She said that modern medicine has learned that a person’s body is still altered, even coming out of a rehab or treatment center for substance use, which is why she points to medication-assisted treatment as a way to address opioid use disorder.

“It has to be a very small gradual process and the journey’s very different for different people,” Dr. Stanislaus said. “If half a milligram of buprenorphine is what they need or a milligram of buprenorphine is what they need in order to not return to the substance say ten years later, I think it’s a win.”

The FDA identifies medication-assisted treatment as a mixture of using medicines with counseling and behavioral therapy to treat opioid use disorders. Because of the chronic nature of using opioids, medical providers periodically reevaluate if the treatment is working. Some patients may continue treatment for the rest of their lives.

Advertisement

© 2024, Missourinet.




Source link

Continue Reading

Trending