State Tax Day - Current, S.15, Missouri—Sales and Use Tax: Taxability of Various Auction Items Discussed, (Sep 29, 2026)
An auction company must collect and remit applicable Missouri state and local sales tax on sales of items it purchased from estates, storage units, and consigned items. When the auction company is the principal (disclosed seller), it is responsible for collecting sales tax on gross receipts. For sales of consigned items, the seller is responsible for collecting and remitting the tax regardless of whether or not the principal is disclosed. Also, the auction company must collect and remit applicable state and local sales tax on the "buyer premium" charged on all winning bids for sales of tangible personal property inside Missouri. The buyer's premium is intended by all parties to be part of the sales transaction. The seller chooses the services of the applicant to secure payment for the property being sold: there can be no sale without payment of the premium. Because of these factors, the buyer's premium is part of the sales price.
However, the auction company should not collect and remit applicable state and local sales tax on liquidations because a liquidation does not constitute engaging in business.
Letter Ruling LR 8409, Missouri Department of Revenue, September 24, 2026, ¶204-691
Other References:
Explanations at ¶60-280