The fiscal problem in Missouri

Bibliographic data

Monograph

Identifikator:: 1833271335

URN:: urn:nbn:de:zbw-retromon-230042

Document type:: Monograph

Title:: The fiscal problem in Missouri

Place of publication:: New York

Publisher:: National Industrial Conference Board, Inc.

Year of publication:: 1930

Scope:: xvi, 359 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter III. The Missouri tax system

Collection:: Economics Books

¢ THE FISCAL PROBLEM IN MISSOURI CONSTITUTIONAL PROVISIONS The constitutional provisions concerning taxation are with few exceptions found in Article X.! Section 1 provides that “the taxing power may be exercised by the general assembly for State purposes, and by counties and other municipal corporations under authority granted to them by the General Assembly, for county and other corporate pur- poses.” The obvious implication of this section is that the power to tax is inherent in the general assembly or legisla- ture. This section, as construed by court decisions, does not grant the taxing power to the legislature. Section 2 provides that the general assembly shall have no power to surrender or suspend the power to tax corpora- tions and corporate property. Section 3 provides that taxes may be levied and collected for public purposes only. A second part of the same section contains the uniformity rule, that 1s, that “taxes shall be uniform upon the same class of subjects within the terri- torial limits of the authority levying the tax.” The intent of this provision is to prevent discrimination in any juris- diction among the taxpayers who are taxed on the same object of taxation. Section 4 provides that “all property subject to taxation shall be taxed in proportion to its value.” This provision imposes a definite restriction that precludes the possibility of levying special low-rate taxes on intangibles or levying taxes on the several classes of property at different rates. The provision that taxes must be in proportion to value has frequently been subjected to interpretation by the courts. In one case it was specifically pointed out that this section is not intended to secure equality of taxation throughout the state, but that it does require that taxes must be in pro- portion to values in the territory in which they are levied.” All that is required is that the property taxes raised by a given county, for example, shall be levied on all subjects forming a part of the taxable proverty in the countv ac- 1 In the remainder of this section, Article X is not repeated. All section numbers refer to Article X unless otherwise noted. 2 State ex rel. v. Field, 119 Mo. 593, 24 S. W. 752,

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