143.181. Missouri nonresident adjusted gross income. - Missouri Statutes

Missouri nonresident adjusted gross income.

143.181. 1. The Missouri nonresident adjusted gross income shall bethat part of the nonresident individual's federal adjusted gross incomederived from sources within Missouri, as modified in the same manner as setforth in section 143.121 with respect to resident individuals. It shall bethe sum of:

(1) The net amount of items of income, gain, loss, and deductionentering into his or her federal adjusted gross income which are derivedfrom or connected with sources in this state including:

(a) The individual's distributive share of partnership income anddeductions determined under section 143.421; and

(b) The individual's share of estate or trust income and deductionsdetermined under section 143.391; and

(c) The individual's pro rata share of S corporation income anddeductions determined under subsection 3 of section 143.471; and

(2) The portion of the modifications described in section 143.121which relate to income derived from sources in this state, including anymodifications attributable to him or her as a partner.

2. Items of income, gain, loss, and deduction derived from orconnected with sources within this state are those items attributable to:

(1) The ownership or disposition of any interest in real or tangiblepersonal property in this state;

(2) A business, trade, profession, or occupation carried on in thisstate;

(3) Winnings from a wager placed in a lottery conducted by the statelottery commission, if the proceeds from such wager are required, pursuantto the Internal Revenue Code of 1986, as amended, or regulations adoptedthereunder, to be reported by the state lottery commission to the InternalRevenue Service; and

(4) Winnings from any other wager placed in this state or from anywagering transaction, gaming activity, or gambling activity in this state,if the proceeds from such wager, wagering transaction, gaming activity, orgambling activity are required, pursuant to the Internal Revenue Code of1986, as amended, or regulations adopted thereunder, to be reported by thepayer to the Internal Revenue Service.

3. Income from intangible personal property, including annuities,dividends, interest, and gains from the disposition of intangible personalproperty, shall constitute income derived from sources within this stateonly to the extent that such income is from:

(1) Property employed in a business, trade, profession, or occupationcarried on in this state;

(2) Winnings from a wager placed in a lottery conducted by the statelottery commission, if the proceeds from such wager are required, pursuantto the Internal Revenue Code of 1986, as amended, or regulations adoptedthereunder, to be reported by the state lottery commission to the InternalRevenue Service; and

(3) Winnings from any other wager placed in this state or from anywagering transaction, gaming activity, or gambling activity in this state,if the proceeds from such wager, wagering transaction, gaming activity, orgambling activity are required, pursuant to the Internal Revenue Code of1986, as amended, or regulations adopted thereunder, to be reported by thepayer to the Internal Revenue Service.

4. Deductions with respect to capital losses, net long-term capitalgains, and net operation losses shall be based solely on income, gains,losses, and deductions derived from sources within this state in the samemanner as the corresponding federal deductions under regulations to beprescribed by the director of revenue.

5. If a business, trade, profession, or occupation is carried onpartly within and partly without this state, the items of income anddeduction derived from or connected with sources within this state shall bedetermined by apportionment and allocation under regulations to beprescribed by the director of revenue.

6. Compensation paid by the United States for service in the armedforces of the United States performed by a nonresident shall not constituteincome derived from sources within this state.

(L. 1972 S.B. 549, A.L. 1983 H.B. 849, A.L. 2003 H.B. 600 merged with S.B. 11)

Effective 7-01-03 (H.B. 600)

8-28-03 (S.B. 11)

CROSS REFERENCE:

This section applies to all taxable years beginning with 1983, RSMo 143.005