1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; corporate franchise; establishing a Minnesota corporate |
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3 | 3 | | 1.3 headquarters credit; requiring a report; proposing coding for new law in Minnesota |
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4 | 4 | | 1.4 Statutes, chapters 116J; 290. |
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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. [116J.8739] MINNESOTA CORPORATE HEADQUARTERS CREDIT. |
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7 | 7 | | 1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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8 | 8 | | 1.8the meanings given. |
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9 | 9 | | 1.9 (b) "Corporate headquarters" means any of the following, located in Minnesota: |
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10 | 10 | | 1.10 (1) the principal offices of the principal executive officers of a qualified corporation; |
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11 | 11 | | 1.11 (2) the principal offices of a division or subdivision of a qualified corporation; or |
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12 | 12 | | 1.12 (3) a research and development facility of a qualified corporation. |
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13 | 13 | | 1.13 (c) "Corporation" has the meaning given in section 290.01, subdivision 4. |
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14 | 14 | | 1.14 (d) "Eligible employee" means an employee whose position and duties involve the |
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15 | 15 | | 1.15performance of corporate headquarters functions. |
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16 | 16 | | 1.16 (e) "Eligible expenses" means relocation or renovation expenses or employee training |
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17 | 17 | | 1.17expenses. |
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18 | 18 | | 1.18 (f) "Employee" means an employee whose wages are subject to withholding under |
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19 | 19 | | 1.19section 290.92. |
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20 | 20 | | 1.20 (g) "Employee training expenses" means: |
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21 | 21 | | 1Section 1. |
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22 | 22 | | REVISOR EAP/CH 25-0427003/04/25 |
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23 | 23 | | State of Minnesota |
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24 | 24 | | This Document can be made available |
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25 | 25 | | in alternative formats upon request |
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26 | 26 | | HOUSE OF REPRESENTATIVES |
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27 | 27 | | H. F. No. 2336 |
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28 | 28 | | NINETY-FOURTH SESSION |
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29 | 29 | | Authored by Davids03/13/2025 |
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30 | 30 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (1) training and materials costs; |
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31 | 31 | | 2.2 (2) trainees' wages while in a classroom setting; or |
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32 | 32 | | 2.3 (3) the costs of a trainer and wages of a trainee while in an on-the-job or job shadowing |
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33 | 33 | | 2.4setting. |
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34 | 34 | | 2.5 (h) "Employee wage credit amount" means ten percent of eligible employee wages paid |
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35 | 35 | | 2.6in a taxable year, up to $20,000 per eligible employee. |
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36 | 36 | | 2.7 (i) "Maximum credit amount" means the amount of eligible expenses incurred in the |
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37 | 37 | | 2.8taxable year in which a qualified corporation is certified under subdivision 2, multiplied by |
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38 | 38 | | 2.960 percent. |
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39 | 39 | | 2.10 (j) "Provisional certification" means certification of a corporation that has not yet |
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40 | 40 | | 2.11relocated to Minnesota at the time of the application submitted under subdivision 2. |
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41 | 41 | | 2.12 (k) "Qualified corporation" means a corporation that has been certified by the |
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42 | 42 | | 2.13commissioner under subdivision 2. |
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43 | 43 | | 2.14 (l) "Qualified research" has the meaning given in section 290.068, subdivision 2, |
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44 | 44 | | 2.15paragraph (b). |
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45 | 45 | | 2.16 (m) "Relocation or renovation expenses" means: |
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46 | 46 | | 2.17 (1) moving costs and related expenses; |
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47 | 47 | | 2.18 (2) purchases of new or replacement equipment; |
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48 | 48 | | 2.19 (3) leasehold and building improvements; |
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49 | 49 | | 2.20 (4) renewable energy improvements; |
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50 | 50 | | 2.21 (5) property assembly and development expenses, including: |
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51 | 51 | | 2.22 (i) purchase, lease, or construction of buildings; |
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52 | 52 | | 2.23 (ii) purchase or lease of land; |
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53 | 53 | | 2.24 (iii) infrastructure improvements; and |
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54 | 54 | | 2.25 (iv) site development costs; and |
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55 | 55 | | 2.26 (6) any other costs related to the qualified corporation's relocation or renovation. |
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56 | 56 | | 2.27 (n) "Research and development facility" means a facility where qualified research is |
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57 | 57 | | 2.28conducted. |
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58 | 58 | | 2Section 1. |
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59 | 59 | | REVISOR EAP/CH 25-0427003/04/25 3.1 Subd. 2.Certification of qualified corporations.(a) A corporation may apply to the |
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60 | 60 | | 3.2commissioner for certification or provisional certification as a qualified corporation for a |
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61 | 61 | | 3.3taxable year. The commissioner must prescribe the form and manner for the application. |
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62 | 62 | | 3.4Applications for certification and provisional certification must be made available on the |
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63 | 63 | | 3.5department's website by November 1 of the preceding year. |
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64 | 64 | | 3.6 (b) Within 30 days of receiving an application for certification or provisional certification |
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65 | 65 | | 3.7under this subdivision, the commissioner must either certify or provisionally certify the |
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66 | 66 | | 3.8corporation as satisfying the conditions required of a qualified corporation, request additional |
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67 | 67 | | 3.9information from the corporation, or reject the application for certification or provisional |
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68 | 68 | | 3.10certification. If the commissioner requests additional information from the corporation, the |
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69 | 69 | | 3.11commissioner must either certify or provisionally certify the corporation or reject the |
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70 | 70 | | 3.12application within 30 days of receiving the additional information. If the commissioner |
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71 | 71 | | 3.13neither certifies or provisionally certifies the corporation nor rejects the application within |
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72 | 72 | | 3.1430 days of receiving the original application or within 30 days of receiving the additional |
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73 | 73 | | 3.15information requested, whichever is later, then the application is deemed rejected. A |
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74 | 74 | | 3.16corporation that applies for certification or provisional certification and is rejected may |
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75 | 75 | | 3.17reapply. |
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76 | 76 | | 3.18 (c) To receive certification or provisional certification as a qualified corporation, a |
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77 | 77 | | 3.19corporation must satisfy all of the following conditions: |
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78 | 78 | | 3.20 (1) the corporation had worldwide revenues of at least $250,000,000 in the immediately |
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79 | 79 | | 3.21preceding taxable year; |
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80 | 80 | | 3.22 (2) the corporation's corporate headquarters are located in Minnesota in the taxable year |
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81 | 81 | | 3.23or will be located in Minnesota in the next taxable year; |
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82 | 82 | | 3.24 (3) the corporation employs at least 250 eligible employees at its corporate headquarters |
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83 | 83 | | 3.25in the taxable year or, if the corporation is relocating to Minnesota, will employ at least 250 |
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84 | 84 | | 3.26eligible employees at its corporate headquarters in Minnesota in the next taxable year; |
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85 | 85 | | 3.27 (4) the corporation has made a minimum investment of $10,000,000 in eligible expenses |
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86 | 86 | | 3.28related to the corporate headquarters project; and |
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87 | 87 | | 3.29 (5) the corporation has created new jobs or maintained the current level of positions at |
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88 | 88 | | 3.30the corporate headquarters in the taxable year as compared to the immediately preceding |
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89 | 89 | | 3.31taxable year. |
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90 | 90 | | 3Section 1. |
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91 | 91 | | REVISOR EAP/CH 25-0427003/04/25 4.1 (d) A corporation that has received provisional certification under this subdivision must |
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92 | 92 | | 4.2apply for and receive certification as a qualified corporation for the year the credit is first |
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93 | 93 | | 4.3claimed. |
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94 | 94 | | 4.4 Subd. 3.Credit allowed.(a) A qualified corporation located in Minnesota is eligible |
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95 | 95 | | 4.5for a credit as provided in this subdivision. |
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96 | 96 | | 4.6 (b) In the first year the credit is claimed, the credit is equal to the lesser of: |
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97 | 97 | | 4.7 (1) the employee wage credit amount; or |
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98 | 98 | | 4.8 (2) the maximum credit amount. |
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99 | 99 | | 4.9 (c) If the maximum credit amount exceeds the employee credit amount in the first year |
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100 | 100 | | 4.10the credit is claimed, a qualified corporation may claim a credit equal to the employee wage |
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101 | 101 | | 4.11credit amount for each taxable year, for up to ten years, until the total of employee wage |
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102 | 102 | | 4.12credit amounts claimed equals the maximum credit amount. |
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103 | 103 | | 4.13 Subd. 4.Annual reporting to commissioner; continuing certification.(a) By March |
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104 | 104 | | 4.141 of each year immediately following the year in which a qualified corporation was first |
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105 | 105 | | 4.15certified under subdivision 2, the qualified corporation must submit a report to the |
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106 | 106 | | 4.16commissioner affirming that it meets the requirements of subdivision 2 for each year a credit |
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107 | 107 | | 4.17is claimed under subdivision 3. If the commissioner determines that a corporation meets |
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108 | 108 | | 4.18the requirements of subdivision 2, the commissioner must issue a credit certificate stating |
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109 | 109 | | 4.19the amount of credit that the qualified corporation may claim for the taxable year. |
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110 | 110 | | 4.20 (b) If a corporation does not meet the requirements of subdivision 2 for a taxable year, |
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111 | 111 | | 4.21the commissioner must notify the corporation within 30 days of receipt of the report, and |
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112 | 112 | | 4.22the corporation is not allowed a credit for that taxable year. |
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113 | 113 | | 4.23 Subd. 5.Report to legislature.Beginning in 2028, the commissioner must annually |
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114 | 114 | | 4.24report by March 15 to the chairs and ranking minority members of the legislative committees |
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115 | 115 | | 4.25with jurisdiction over taxes and economic development in compliance with sections 3.195 |
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116 | 116 | | 4.26and 3.197, on the tax credits issued under this section. The report must include: |
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117 | 117 | | 4.27 (1) the number and amount of the credits issued; |
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118 | 118 | | 4.28 (2) the total amount of eligible expenses resulting in certification of tax credits; and |
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119 | 119 | | 4.29 (3) any other information relevant to evaluating the effect of these credits. |
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120 | 120 | | 4.30 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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121 | 121 | | 4.3131, 2025. |
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122 | 122 | | 4Section 1. |
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123 | 123 | | REVISOR EAP/CH 25-0427003/04/25 5.1 Sec. 2. [290.0696] MINNESOTA CORPORATE HEADQUARTERS CREDIT. |
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124 | 124 | | 5.2 Subdivision 1.Definitions.For purposes of this section, the terms used in this section |
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125 | 125 | | 5.3have the meanings given in section 116J.8739. |
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126 | 126 | | 5.4 Subd. 2.Credit allowed.A qualified corporation is allowed a credit against the tax |
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127 | 127 | | 5.5imposed under this chapter equal to the amount determined under section 116J.8739, |
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128 | 128 | | 5.6subdivision 3, and, if applicable, certified by the commissioner of employment and economic |
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129 | 129 | | 5.7development under section 116J.8739, subdivision 2 or 4. |
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130 | 130 | | 5.8 Subd. 3.Credit refundable; appropriation.If the amount of the credit under this |
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131 | 131 | | 5.9section for any taxable year exceeds the claimant's liability for tax under this chapter, the |
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132 | 132 | | 5.10commissioner must refund the excess to the claimant. An amount sufficient to pay the |
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133 | 133 | | 5.11refunds required by this section is appropriated to the commissioner from the general fund. |
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134 | 134 | | 5.12 Subd. 4.Audit powers.Notwithstanding the certification eligibility issued by the |
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135 | 135 | | 5.13commissioner of employment and economic development under section 116J.8739, the |
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136 | 136 | | 5.14commissioner may utilize any audit and examination powers under chapter 270C or 289A |
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137 | 137 | | 5.15to the extent necessary to verify that the taxpayer is eligible for the credit and to assess for |
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138 | 138 | | 5.16the amount of any improperly claimed credit. |
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139 | 139 | | 5.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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140 | 140 | | 5.1831, 2025. |
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141 | 141 | | 5Sec. 2. |
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142 | 142 | | REVISOR EAP/CH 25-0427003/04/25 |
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