PURPOSE: This rule sets forth the requirements for obtaining a permit to operate as a motor vehicle, trailer, boat or outboard motor leasing company. (1) Any person, company or corporation engaged in the business of renting or leasing motor vehicles, trailers, boats or outboard motors either may elect to pay sales tax on the purchase price or elect to collect and remit sales tax on the gross receipts from the rental or lease of the motor vehicles, trailers, boats or outboard motors. Any person, company or corporation electing to collect and remit sales tax on the gross receipts from rental or lease shall apply to the director of revenue for a permit to operate as a leasing company.

1. (2) To apply for registration as a leasing company, the applicant shall submit a completed application on a biennial basis as prescribed by the director. A copy of the applicant’s Missouri sales tax license shall accompany the initial application. The applicant also shall be properly registered with the Office of the Missouri Secretary of State and shall furnish proof of that registration upon request.
2. (3) Renewal applications for registration as a leasing company shall be filed with the director prior to December 1 of each registration period. Leasing company registrations shall expire on December 31 of each registration period. Leasing companies with expired registrations shall not be entitled to the sales tax option provided by section 144.070, RSMo, but shall pay all state and local sales tax on the purchase price of any units acquired while the registration is expired.
3. (4) Motor vehicles, trailers, boats and outboard motors purchased by a registered leasing company shall be titled in the name of the leasing company as registered with the director. The leasing company shall record its leasing permit number assigned by the director on all applications for title in order to be exempt from sales tax at the time of titling.
4. (5) Any transfer of a motor vehicle, trailer, boat or outboard motor to another division from one (1) division of a corporation which authorizes a division to register as a motor vehicle leasing company shall be a sale at retail as defined in section 144.010, RSMo.

5. (6) The director shall deny application for, or recall any permit to operate as a leasing company, if the applicant—

   1. (A) Has fraudulently completed the application for registration;
   2. (B) No longer holds a valid Missouri sales tax license; or
   3. (C) Is no longer properly registered with the Office of the Missouri Secretary of State. 12 CSR 10-23
6. (7) A leasing company registered with the director pursuant to section 144.070, RSMo, which ceases to operate as a leasing company in accordance with the law, the rules established by the director, or both, shall notify the director accordingly and, within ten (10) days of cessation of operation, return the permit to operate as a leasing company to the director.

AUTHORITY: sections 144.010, RSMo Supp. 2003 and 144.070, RSMo 2000.* Emergency rule filed Oct. 28, 1991, effective Nov. 7, 1991, expired March 6, 1992. Emergency rule filed Feb. 26, 1992, effective March 7, 1992, expired July 5, 1992. Original rule filed Oct. 28, 1991, effective May 14, 1992. Amended: Filed Oct. 10, 2003, effective April 30, 2004.

*Original authority: 144.010, RSMo 1939, amended 1941, 1943, 1945, 1947, 1974, 1975, 1977, 1978, 1979, 1981, 1985, 1988, 1993, 1996, 1998, 1999, 2001 and 144.070, RSMo 1939, amended 1941, 1943, 1945, 1947, 1951, 1961, 1974, 1975, 1977, 1985, 1997.