Jun 05, 2026

Missouri Appeals Court hears challenge to state income tax phase out

Posted Jun 05, 2026 12:00 PM

The State Appeals Court for western Missouri heard arguments Thursday on a challenge to the proposal to eliminate the state income tax and replace it with sales taxes.

Amendment 5 is currently scheduled to go before Missouri voters on August 4th.

Attorney Chuck Hatfield represents opponents suing the state to get the amendment removed from the ballot. He says if it passes, Missourians can expect more taxes, not less.

 “The legislature can now tax your home sales. The legislature can now tax gas. The legislature can now tax all sorts of things it had not previously taxed, Hatfield explains.

But Republican lawmakers said before passing the measure last month that Missourians are struggling due to having to pay state income taxes.

 Hatfield says that would violate the so-called Hancock Amendment, which requires a vote of the people for some tax hikes.

“Any tax increases above certain levels, you need to ask the people if that's okay or not," Hatfield says.  "This amendment specifically says you don't have to take a vote to the people anymore to raise all of these taxes on your homes, on your gas.”

The Western District Appeals Court has not yet ruled on the proposed amendment but could issue its ruling as early as today.  Republican lawmakers and Governor Mike Kehoe maintain that scrapping the state’s income tax will provide relief to Missouri residents.

Missourinet