Bank Franchise Tax

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 publication of the entire text of the material that 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. AUTHORITY: section 148.100, RSMo 2016.* Original rule filed March 2, 1987, effective May 28, 1987. Amended: Filed Feb. 16, 1988, effective May 26, 1988. Amended: Filed Nov. 8, 2023, effective May 30, 2024. *Original authority: 148.100, RSMo 1945.