144.012. Sales of tangible property to vending machine owners or operators deemed a sale at retail subject to certain sales tax, exceptions.

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144.012. Sales of tangible property to vending machine owners or operators deemed a sale at retail subject to certain sales tax, exceptions. — 1. Notwithstanding any other provision of law to the contrary, any sale of tangible personal property, other than photocopies, cigarettes, cigars, or other tobacco-related products, by a vendor through a vending machine located in the state of Missouri shall be deemed a sale at retail occurring at the location of the vending machine through which the tangible personal property is sold.

Such sale by the vendor shall be subject to the provisions of sections 66.600 to 66.635 , sections 67.500 to 67.545 , 67.547 , 67.548 , 67.550 to 67.580 , 67.581 , 67.582 , 67.590 to 67.596 , 67.671 to 67.685 , 67.700 to 67.729 , 67.730 to 67.739 , 67.782 , sections 92.400 to 92.420 , sections 94.500 to 94.570 , 94.577 , 94.600 to 94.655 , 94.700 to 94.755 , sections 144.010 to 144.510 , and 144.600 to 144.745 . For the purpose of transactions covered under this section, "gross receipts" means the net invoice price of the property vended during the reporting period multiplied by one hundred thirty-five percent.

All local sales taxes shall be based on the location of the vending machines from which the tangible personal property is sold.

2. The taxes required by the sections listed in subsection 1 of this section are to be reported directly to the director of revenue and remitted by the vendor selling tangible personal property.

3. For purposes of this section, the following terms mean:

(1)"Net invoice price" , the cost of the products, including freight, less any timely payment discounts, with no allowance for spoilage or loss;

(2)"Vending machine" , a coin or currency operated device which is used to sell tangible personal property without requiring the vendor's physical attention at the time of sale;

(3)"Vendor" , the person who owns the tangible personal property sold in the vending machine.

4. In addition to the exemptions granted under the provisions of section 144.030 , there is hereby specifically exempted from the provisions of sections 66.600 to 66.635 , sections 67.500 to 67.545 , 67.547 , 67.548 , 67.550 to 67.580 , 67.581 , 67.582 , 67.590 to 67.596 , 67.671 to 67.685 , 67.700 to 67.729 , 67.730 to 67.739 , 67.782 , sections 92.400 to 92.420 , sections 94.500 to 94.570 , 94.577 , 94.600 to 94.655 , 94.700 to 94.755 , sections 144.010 to 144.510 , and 144.600 to 144.745 , and from computation of the tax levied, assessed or payable under sections 66.600 to 66.635 , sections 67.500 to 67.545 , 67.547 , 67.548 , 67.550 to 67.580 , 67.581 , 67.582 , 67.590 to 67.596 , 67.671 to 67.685 , 67.700 to 67.729 , 67.730 to 67.739 , 67.782 , sections 92.400 to 92.420 , sections 94.500 to 94.570 , 94.577 , 94.600 to 94.655 , 94.700 to 94.755 , sections 144.010 to 144.510 , and 144.600 to 144.745 , all sales by a vendor of tangible personal property from vending machines located on the premises of any organization, institution or school whose sales are exempt under subdivision

(19)of subsection 2 of section 144.030 .

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(L. 1988 H.B. 1400, A.L. 1989 H.B. 35, et al.)

Effective 7-1-89