12 CSR 10-3.440
Automobiles (Rescinded December 11, 1980)
AUTHORITY: section 144.270, RSMo 1978. Previously filed as rule
no. 36 Jan. 22, 1973, effective Feb. 1, 1973. S.T. regulation 070-3 was
last filed Dec. 31, 1975, effective Jan. 10, 1976. Rescinded: Filed Aug.
13, 1980, effective Dec. 11, 1980.
Op. Atty. Gen. No. 76, Reiss (10-27-76). The Missouri director of
revenue is not authorized to impose penalties and/or interest in
addition to sales or use tax as provided in the sales tax statutes,
sections 144.010–144.510, RSMo 1969, on those individuals who
fail to apply for a certificate of ownership on a newly acquired
automobile within 30 days from the date of purchase, as required
by section 301.190, RSMo 1969. The only penalty collectible, if the
certificate of ownership is not applied for within 30 days from the
date of purchase, is that provided for in section 301.190.3, RSMo,
that is a penalty of five dollars for each month or fraction of a
month of delinquency not to exceed twenty-five dollars.
Op. Atty. Gen. No. 221, Spradling (11-3-75). The director of revenue
does not have the authority to refund the sales or use tax paid by a
purchaser of an automobile at the time of titling and registration
when the sale to which the tax applied is subsequently set aside
because of the fact that the vehicle has been returned to the seller.