1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; sales and use; providing a vendor allowance; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, sections 289A.20, subdivision 4; 297A.77, subdivision |
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4 | 4 | | 1.4 3; proposing coding for new law in Minnesota Statutes, chapter 297A. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 289A.20, subdivision 4, is amended to read: |
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7 | 7 | | 1.7 Subd. 4.Sales and use tax.(a) The taxes imposed by chapter 297A are due and payable |
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8 | 8 | | 1.8to the commissioner monthly on or before the 20th day of the month following the month |
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9 | 9 | | 1.9in which the taxable event occurred, or following another reporting period as the |
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10 | 10 | | 1.10commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph (f) |
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11 | 11 | | 1.11or (g), except that use taxes due on an annual use tax return as provided under section |
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12 | 12 | | 1.12289A.11, subdivision 1, are payable by April 15 following the close of the calendar year. |
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13 | 13 | | 1.13 (b) A vendor having a liability of $250,000 or more during a fiscal year ending June 30, |
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14 | 14 | | 1.14except a vendor of construction materials as defined in paragraph (e), must remit the June |
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15 | 15 | | 1.15net liability for the next year in the following manner: |
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16 | 16 | | 1.16 (1) Two business days before June 30 of calendar year 2020 and 2021, the vendor must |
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17 | 17 | | 1.17remit 87.5 percent of the estimated June liability to the commissioner. Two business days |
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18 | 18 | | 1.18before June 30 of calendar year 2022 and thereafter, the vendor must remit 84.5 percent of |
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19 | 19 | | 1.19the estimated June net liability, or a reduced percentage as certified by the commissioner |
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20 | 20 | | 1.20under section 16A.152, subdivision 2, paragraph (a), clause (6), of the estimated June net |
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21 | 21 | | 1.21liability to the commissioner. |
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22 | 22 | | 1.22 (2) On or before August 20 of the year, the vendor must pay any additional amount of |
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23 | 23 | | 1.23tax not remitted in June. |
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24 | 24 | | 1Section 1. |
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25 | 25 | | REVISOR EAP/CH 25-0448802/28/25 |
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26 | 26 | | State of Minnesota |
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27 | 27 | | This Document can be made available |
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28 | 28 | | in alternative formats upon request |
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29 | 29 | | HOUSE OF REPRESENTATIVES |
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30 | 30 | | H. F. No. 2062 |
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31 | 31 | | NINETY-FOURTH SESSION |
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32 | 32 | | Authored by Robbins, Scott, Davids, McDonald, Perryman and others03/10/2025 |
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33 | 33 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (c) A vendor having a liability of: |
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34 | 34 | | 2.2 (1) $10,000 or more, but less than $250,000, during a fiscal year must remit by electronic |
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35 | 35 | | 2.3means all net liabilities on returns due for periods beginning in all subsequent calendar years |
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36 | 36 | | 2.4on or before the 20th day of the month following the month in which the taxable event |
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37 | 37 | | 2.5occurred, or on or before the 20th day of the month following the month in which the sale |
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38 | 38 | | 2.6is reported under section 289A.18, subdivision 4; or |
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39 | 39 | | 2.7 (2) $250,000 or more during a fiscal year must remit by electronic means all net liabilities |
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40 | 40 | | 2.8in the manner provided in paragraph (a) on returns due for periods beginning in the |
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41 | 41 | | 2.9subsequent calendar year, except that a vendor subject to the remittance requirements of |
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42 | 42 | | 2.10paragraph (b) must remit the percentage of the estimated June net liability, as provided in |
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43 | 43 | | 2.11paragraph (b), clause (1), which is due two business days before June 30. The remaining |
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44 | 44 | | 2.12amount of the June liability is due on August 20. |
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45 | 45 | | 2.13 (d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's religious |
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46 | 46 | | 2.14beliefs from paying electronically shall be allowed to remit the payment by mail. The filer |
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47 | 47 | | 2.15must notify the commissioner of revenue of the intent to pay by mail before doing so on a |
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48 | 48 | | 2.16form prescribed by the commissioner. No extra fee may be charged to a person making |
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49 | 49 | | 2.17payment by mail under this paragraph. The payment must be postmarked at least two business |
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50 | 50 | | 2.18days before the due date for making the payment in order to be considered paid on a timely |
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51 | 51 | | 2.19basis. |
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52 | 52 | | 2.20 (e) For the purposes of paragraph (b), "vendor of construction materials" means a retailer |
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53 | 53 | | 2.21that sells any of the following construction materials, if 50 percent or more of the retailer's |
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54 | 54 | | 2.22sales revenue for the fiscal year ending June 30 is from the sale of those materials: |
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55 | 55 | | 2.23 (1) lumber, veneer, plywood, wood siding, wood roofing; |
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56 | 56 | | 2.24 (2) millwork, including wood trim, wood doors, wood windows, wood flooring; or |
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57 | 57 | | 2.25 (3) concrete, cement, and masonry. |
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58 | 58 | | 2.26 (f) For purposes of this subdivision, "net liability" means liability minus the amount of |
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59 | 59 | | 2.27vendor allowance authorized under section 297A.816. |
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60 | 60 | | 2.28 (f) (g) Paragraph (b) expires after the percentage of estimated payment is reduced to |
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61 | 61 | | 2.29zero in accordance with section 16A.152, subdivision 2, paragraph (a), clause (6). |
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62 | 62 | | 2.30 EFFECTIVE DATE.This section is effective for sales and purchases made after June |
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63 | 63 | | 2.3130, 2025. |
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64 | 64 | | 2Section 1. |
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65 | 65 | | REVISOR EAP/CH 25-0448802/28/25 3.1 Sec. 2. Minnesota Statutes 2024, section 297A.77, subdivision 3, is amended to read: |
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66 | 66 | | 3.2 Subd. 3.Tax must be remitted.The tax collected by a retailer under this section, except |
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67 | 67 | | 3.3for the amount allowed to be retained by a retailer under section 297A.816, must be remitted |
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68 | 68 | | 3.4to the commissioner as provided in chapter 289A and this chapter. |
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69 | 69 | | 3.5 EFFECTIVE DATE.This section is effective for sales and purchases made after June |
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70 | 70 | | 3.630, 2025. |
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71 | 71 | | 3.7 Sec. 3. [297A.816] VENDOR ALLOWANCE. |
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72 | 72 | | 3.8 Subdivision 1.Eligibility.A retailer may retain a portion of sales tax collected as a |
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73 | 73 | | 3.9vendor allowance in compensation for the costs of collecting and administering the tax |
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74 | 74 | | 3.10under this chapter. This section applies only if the tax minus the vendor allowance is both |
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75 | 75 | | 3.11reported and remitted to the commissioner in a timely manner as required under chapter |
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76 | 76 | | 3.12289A. |
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77 | 77 | | 3.13 Subd. 2.Tax not eligible for allowance.Use taxes paid by the retailer on the retailer's |
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78 | 78 | | 3.14own purchases are not included in calculating the vendor allowance under this section. All |
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79 | 79 | | 3.15other sales and use taxes collected by a retailer are eligible for the vendor allowance under |
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80 | 80 | | 3.16this section. |
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81 | 81 | | 3.17 Subd. 3.Calculation of allowance; minimum amounts.(a) A retailer's vendor allowance |
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82 | 82 | | 3.18is equal to a percentage of eligible taxes collected by the retailer in the reporting period as |
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83 | 83 | | 3.19determined in paragraph (c). The vendor allowance per reporting period must not be less |
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84 | 84 | | 3.20than the lesser of $10 or the amount of eligible taxes collected during the reporting period. |
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85 | 85 | | 3.21 (b) For the purposes of this section: |
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86 | 86 | | 3.22 (1) "reporting period" means the period applicable to the retailer as determined under |
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87 | 87 | | 3.23section 289A.18, subdivision 4; and |
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88 | 88 | | 3.24 (2) "eligible taxes" means the total amount of taxes collected by a retailer at all locations |
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89 | 89 | | 3.25in Minnesota. |
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90 | 90 | | 3.26 (c) The vendor allowance authorized under this section must be calculated using the |
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91 | 91 | | 3.27following thresholds and rates: |
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92 | 92 | | 3.28 (1) for vendors with sales tax liability not more than $60,000 in the fiscal year ending |
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93 | 93 | | 3.29June 30, two percent; |
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94 | 94 | | 3.30 (2) for vendors with sales tax liability more than $60,000 and not more than $600,000 |
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95 | 95 | | 3.31in the fiscal year ending June 30, $1,200 plus 1.5 percent of the amount over $60,000, but |
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96 | 96 | | 3.32not over $600,000; and |
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97 | 97 | | 3Sec. 3. |
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98 | 98 | | REVISOR EAP/CH 25-0448802/28/25 4.1 (3) for vendors with sales tax liability more than $600,000 in the fiscal year ending June |
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99 | 99 | | 4.230, $9,300 plus two percent of the amount over $600,000. |
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100 | 100 | | 4.3 EFFECTIVE DATE.This section is effective for sales and purchases made after June |
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101 | 101 | | 4.430, 2025. |
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102 | 102 | | 4Sec. 3. |
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103 | 103 | | REVISOR EAP/CH 25-0448802/28/25 |
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