1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; property; allowing an exemption for certain leased land; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 272.01, subdivision 2. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 272.01, subdivision 2, is amended to read: |
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6 | 6 | | 1.6 Subd. 2.Exempt property used by private entity for profit.(a) When any real or |
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7 | 7 | | 1.7personal property which is exempt from ad valorem taxes, and taxes in lieu thereof, is leased, |
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8 | 8 | | 1.8loaned, or otherwise made available and used by a private individual, association, or |
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9 | 9 | | 1.9corporation in connection with a business conducted for profit, there shall be imposed a |
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10 | 10 | | 1.10tax, for the privilege of so using or possessing such real or personal property, in the same |
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11 | 11 | | 1.11amount and to the same extent as though the lessee or user was the owner of such property. |
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12 | 12 | | 1.12 (b) The tax imposed by this subdivision shall not apply to: |
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13 | 13 | | 1.13 (1) property leased or used as a concession in or relative to the use in whole or part of |
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14 | 14 | | 1.14a public park, market, fairgrounds, port authority, economic development authority |
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15 | 15 | | 1.15established under chapter 469, municipal auditorium, municipal parking facility, municipal |
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16 | 16 | | 1.16museum, or municipal stadium; |
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17 | 17 | | 1.17 (2) property of an airport owned by a city, town, county, or group thereof which is: |
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18 | 18 | | 1.18 (i) leased to or used by any person or entity including a fixed base operator; and |
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19 | 19 | | 1.19 (ii) used as a hangar for the storage or repair of aircraft or to provide aviation goods, |
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20 | 20 | | 1.20services, or facilities to the airport or general public; |
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21 | 21 | | 1.21the exception from taxation provided in this clause does not apply to: |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR EAP/NS 25-0053812/04/24 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 106 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by Schomacker01/22/2025 |
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31 | 31 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (i) property located at an airport owned or operated by the Metropolitan Airports |
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32 | 32 | | 2.2Commission or by a city of over 50,000 population according to the most recent federal |
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33 | 33 | | 2.3census or such a city's airport authority; or |
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34 | 34 | | 2.4 (ii) hangars leased by a private individual, association, or corporation in connection with |
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35 | 35 | | 2.5a business conducted for profit other than an aviation-related business; |
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36 | 36 | | 2.6 (3) property constituting or used as a public pedestrian ramp or concourse in connection |
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37 | 37 | | 2.7with a public airport; |
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38 | 38 | | 2.8 (4) property constituting or used as a passenger check-in area or ticket sale counter, |
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39 | 39 | | 2.9boarding area, or luggage claim area in connection with a public airport but not the airports |
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40 | 40 | | 2.10owned or operated by the Metropolitan Airports Commission or cities of over 50,000 |
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41 | 41 | | 2.11population or an airport authority therein. Real estate owned by a municipality in connection |
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42 | 42 | | 2.12with the operation of a public airport and leased or used for agricultural purposes is not |
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43 | 43 | | 2.13exempt; |
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44 | 44 | | 2.14 (5) property leased, loaned, or otherwise made available to a private individual, |
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45 | 45 | | 2.15corporation, or association under a cooperative farming agreement made pursuant to section |
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46 | 46 | | 2.1697A.135; or |
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47 | 47 | | 2.17 (6) property leased, loaned, or otherwise made available to a private individual, |
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48 | 48 | | 2.18corporation, or association under section 272.68, subdivision 4.; or |
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49 | 49 | | 2.19 (7) property owned by a nonprofit conservation organization that is leased, loaned, or |
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50 | 50 | | 2.20otherwise made available to a private individual, corporation, or association for grazing |
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51 | 51 | | 2.21activities that further the nonprofit conservation organization's conservation objectives for |
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52 | 52 | | 2.22the property. |
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53 | 53 | | 2.23 (c) Taxes imposed by this subdivision are payable as in the case of personal property |
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54 | 54 | | 2.24taxes and shall be assessed to the lessees or users of real or personal property in the same |
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55 | 55 | | 2.25manner as taxes assessed to owners of real or personal property, except that such taxes shall |
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56 | 56 | | 2.26not become a lien against the property. When due, the taxes shall constitute a debt due from |
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57 | 57 | | 2.27the lessee or user to the state, township, city, county, and school district for which the taxes |
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58 | 58 | | 2.28were assessed and shall be collected in the same manner as personal property taxes. If |
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59 | 59 | | 2.29property subject to the tax imposed by this subdivision is leased or used jointly by two or |
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60 | 60 | | 2.30more persons, each lessee or user shall be jointly and severally liable for payment of the |
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61 | 61 | | 2.31tax. |
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62 | 62 | | 2.32 (d) The tax on real property of the federal government, the state or any of its political |
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63 | 63 | | 2.33subdivisions that is leased, loaned, or otherwise made available to a private individual, |
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64 | 64 | | 2Section 1. |
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65 | 65 | | REVISOR EAP/NS 25-0053812/04/24 3.1association, or corporation and becomes taxable under this subdivision or other provision |
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66 | 66 | | 3.2of law must be assessed and collected as a personal property assessment. The taxes do not |
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67 | 67 | | 3.3become a lien against the real property. |
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68 | 68 | | 3.4 EFFECTIVE DATE.This section is effective beginning with property taxes payable |
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69 | 69 | | 3.5in 2026. |
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70 | 70 | | 3Section 1. |
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71 | 71 | | REVISOR EAP/NS 25-0053812/04/24 |
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