PURPOSE: This rule establishes a procedure for filing
the bank franchise tax return as required under section
148.050, RSMo.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) A taxpayer subject to the Missouri bank
franchise tax or substitute bank franchise tax provided for in sections
148.030 and
148.031, RSMo, shall file the
return required by section
148.050, RSMo, using the
following forms published for the corresponding taxable year:
(A) Form INT-2;
(B) Form 2331; and
(C) Form 4347 (if apportionment is
required).
(2) A form
required to be completed under section (1) of this rule shall be completed in
accordance with the instructions included on such form, including the "General
Instructions" for the bank franchise tax return published for the corresponding
taxable year.
(3) The Form(s)
INT-2, Form(s) 2331, and Form(s) 4347, as well as the instructions included in
or with such forms, as published by the Missouri Department of Revenue for bank
franchise taxable years 2021 through 2023, dated as revised December 2023, are
hereby incorporated by reference and made a part of this rule, and are
available at
www.dor.mo.gov or Harry S
Truman State Office Building, 301 West High Street, Jefferson City, MO 65101.
This rule does not incorporate any subsequent amendments or additions to such
forms and instructions.
(4) The
Form INT-2 and its instructions rely upon the federal Form(s) 1120, Form(s)
1120-S, and their instructions. For use in completing the Form INT-2 according
to its instructions, the federal Form(s) 1120, Form(s) 1120-S, Instructions for
Form(s) 1120, and Instructions for Form(s) 1120-S, for 2020 through 2022, dated
as indicated below, as published by the Internal Revenue Service, are hereby
incorporated by reference and made a part of this rule, and are available at
www.irs.gov or by request at Harry S
Truman State Office Building, 301 West High Street, Jefferson City, MO 65101.
The forms and instructions incorporated by reference in this section are dated
as follows: federal Forms 1120 and 1120-S-revision dates 2020, 2021, and 2022;
2020 Instructions for Form 1120-February 8, 2021; 2021 Instructions for Form
1120-January 24, 2022; 2022 Instructions for Form 1120-January 30, 2023; 2020
Instructions for Form 1120-S-February 3, 2021; 2021 Instructions for Form
1120-January 19, 2022; 2022 Instructions for Form 1120-January 27, 2023. This
rule does not incorporate any subsequent amendments or additions to such forms
and instructions.
(5) The Form
INT-2 and its instructions rely upon Treasury Regulations 1.1552-1 and
1.1502-33(d). For use in completing the Form INT-2 according to its
instructions, Treasury Regulation 1.1552-1 as found in Title 26, Section
1.1552-1 of the
Code of Federal Regulations (last amended June
27, 1996), and Treasury Regulation 1.1502-33(d) as found in Title 26, Section
1.1502-33(d) of the
Code of Federal Regulations (last amended
Oct. 20, 2008), are hereby incorporated by reference and made part of this
rule, as published by the United States Government Publishing Office, 732 N.
Capitol Street NW, Washington, DC 20402-0001, phone: toll-free (866) 512-1800,
DC area (202) 512-1800, website:
www.bookstore.gpo.gov. This rule does not
incorporate any subsequent amendments or additions to such
regulations.
Notes
12 CSR
10-10.130
AUTHORITY: section
148.100,
RSMo 1986.* Original rule filed March 2, 1987, effective May 28, 1987. Amended:
Filed Feb. 16, 1988, effective May 26, 1988.
Amended by
Missouri
Register April 15, 2024/volume 49, Number 08, effective
5/31/2024.
*Original authority: 148.100 RSMo
1945.