Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2336 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1.1 A bill for an act​
22 1.2 relating to taxation; corporate franchise; establishing a Minnesota corporate​
33 1.3 headquarters credit; requiring a report; proposing coding for new law in Minnesota​
44 1.4 Statutes, chapters 116J; 290.​
55 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
66 1.6 Section 1. [116J.8739] MINNESOTA CORPORATE HEADQUARTERS CREDIT.​
77 1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
88 1.8the meanings given.​
99 1.9 (b) "Corporate headquarters" means any of the following, located in Minnesota:​
1010 1.10 (1) the principal offices of the principal executive officers of a qualified corporation;​
1111 1.11 (2) the principal offices of a division or subdivision of a qualified corporation; or​
1212 1.12 (3) a research and development facility of a qualified corporation.​
1313 1.13 (c) "Corporation" has the meaning given in section 290.01, subdivision 4.​
1414 1.14 (d) "Eligible employee" means an employee whose position and duties involve the​
1515 1.15performance of corporate headquarters functions.​
1616 1.16 (e) "Eligible expenses" means relocation or renovation expenses or employee training​
1717 1.17expenses.​
1818 1.18 (f) "Employee" means an employee whose wages are subject to withholding under​
1919 1.19section 290.92.​
2020 1.20 (g) "Employee training expenses" means:​
2121 1​Section 1.​
2222 REVISOR EAP/CH 25-04270​03/04/25 ​
2323 State of Minnesota​
2424 This Document can be made available​
2525 in alternative formats upon request​
2626 HOUSE OF REPRESENTATIVES​
2727 H. F. No. 2336​
2828 NINETY-FOURTH SESSION​
2929 Authored by Davids​03/13/2025​
3030 The bill was read for the first time and referred to the Committee on Taxes​ 2.1 (1) training and materials costs;​
3131 2.2 (2) trainees' wages while in a classroom setting; or​
3232 2.3 (3) the costs of a trainer and wages of a trainee while in an on-the-job or job shadowing​
3333 2.4setting.​
3434 2.5 (h) "Employee wage credit amount" means ten percent of eligible employee wages paid​
3535 2.6in a taxable year, up to $20,000 per eligible employee.​
3636 2.7 (i) "Maximum credit amount" means the amount of eligible expenses incurred in the​
3737 2.8taxable year in which a qualified corporation is certified under subdivision 2, multiplied by​
3838 2.960 percent.​
3939 2.10 (j) "Provisional certification" means certification of a corporation that has not yet​
4040 2.11relocated to Minnesota at the time of the application submitted under subdivision 2.​
4141 2.12 (k) "Qualified corporation" means a corporation that has been certified by the​
4242 2.13commissioner under subdivision 2.​
4343 2.14 (l) "Qualified research" has the meaning given in section 290.068, subdivision 2,​
4444 2.15paragraph (b).​
4545 2.16 (m) "Relocation or renovation expenses" means:​
4646 2.17 (1) moving costs and related expenses;​
4747 2.18 (2) purchases of new or replacement equipment;​
4848 2.19 (3) leasehold and building improvements;​
4949 2.20 (4) renewable energy improvements;​
5050 2.21 (5) property assembly and development expenses, including:​
5151 2.22 (i) purchase, lease, or construction of buildings;​
5252 2.23 (ii) purchase or lease of land;​
5353 2.24 (iii) infrastructure improvements; and​
5454 2.25 (iv) site development costs; and​
5555 2.26 (6) any other costs related to the qualified corporation's relocation or renovation.​
5656 2.27 (n) "Research and development facility" means a facility where qualified research is​
5757 2.28conducted.​
5858 2​Section 1.​
5959 REVISOR EAP/CH 25-04270​03/04/25 ​ 3.1 Subd. 2.Certification of qualified corporations.(a) A corporation may apply to the​
6060 3.2commissioner for certification or provisional certification as a qualified corporation for a​
6161 3.3taxable year. The commissioner must prescribe the form and manner for the application.​
6262 3.4Applications for certification and provisional certification must be made available on the​
6363 3.5department's website by November 1 of the preceding year.​
6464 3.6 (b) Within 30 days of receiving an application for certification or provisional certification​
6565 3.7under this subdivision, the commissioner must either certify or provisionally certify the​
6666 3.8corporation as satisfying the conditions required of a qualified corporation, request additional​
6767 3.9information from the corporation, or reject the application for certification or provisional​
6868 3.10certification. If the commissioner requests additional information from the corporation, the​
6969 3.11commissioner must either certify or provisionally certify the corporation or reject the​
7070 3.12application within 30 days of receiving the additional information. If the commissioner​
7171 3.13neither certifies or provisionally certifies the corporation nor rejects the application within​
7272 3.1430 days of receiving the original application or within 30 days of receiving the additional​
7373 3.15information requested, whichever is later, then the application is deemed rejected. A​
7474 3.16corporation that applies for certification or provisional certification and is rejected may​
7575 3.17reapply.​
7676 3.18 (c) To receive certification or provisional certification as a qualified corporation, a​
7777 3.19corporation must satisfy all of the following conditions:​
7878 3.20 (1) the corporation had worldwide revenues of at least $250,000,000 in the immediately​
7979 3.21preceding taxable year;​
8080 3.22 (2) the corporation's corporate headquarters are located in Minnesota in the taxable year​
8181 3.23or will be located in Minnesota in the next taxable year;​
8282 3.24 (3) the corporation employs at least 250 eligible employees at its corporate headquarters​
8383 3.25in the taxable year or, if the corporation is relocating to Minnesota, will employ at least 250​
8484 3.26eligible employees at its corporate headquarters in Minnesota in the next taxable year;​
8585 3.27 (4) the corporation has made a minimum investment of $10,000,000 in eligible expenses​
8686 3.28related to the corporate headquarters project; and​
8787 3.29 (5) the corporation has created new jobs or maintained the current level of positions at​
8888 3.30the corporate headquarters in the taxable year as compared to the immediately preceding​
8989 3.31taxable year.​
9090 3​Section 1.​
9191 REVISOR EAP/CH 25-04270​03/04/25 ​ 4.1 (d) A corporation that has received provisional certification under this subdivision must​
9292 4.2apply for and receive certification as a qualified corporation for the year the credit is first​
9393 4.3claimed.​
9494 4.4 Subd. 3.Credit allowed.(a) A qualified corporation located in Minnesota is eligible​
9595 4.5for a credit as provided in this subdivision.​
9696 4.6 (b) In the first year the credit is claimed, the credit is equal to the lesser of:​
9797 4.7 (1) the employee wage credit amount; or​
9898 4.8 (2) the maximum credit amount.​
9999 4.9 (c) If the maximum credit amount exceeds the employee credit amount in the first year​
100100 4.10the credit is claimed, a qualified corporation may claim a credit equal to the employee wage​
101101 4.11credit amount for each taxable year, for up to ten years, until the total of employee wage​
102102 4.12credit amounts claimed equals the maximum credit amount.​
103103 4.13 Subd. 4.Annual reporting to commissioner; continuing certification.(a) By March​
104104 4.141 of each year immediately following the year in which a qualified corporation was first​
105105 4.15certified under subdivision 2, the qualified corporation must submit a report to the​
106106 4.16commissioner affirming that it meets the requirements of subdivision 2 for each year a credit​
107107 4.17is claimed under subdivision 3. If the commissioner determines that a corporation meets​
108108 4.18the requirements of subdivision 2, the commissioner must issue a credit certificate stating​
109109 4.19the amount of credit that the qualified corporation may claim for the taxable year.​
110110 4.20 (b) If a corporation does not meet the requirements of subdivision 2 for a taxable year,​
111111 4.21the commissioner must notify the corporation within 30 days of receipt of the report, and​
112112 4.22the corporation is not allowed a credit for that taxable year.​
113113 4.23 Subd. 5.Report to legislature.Beginning in 2028, the commissioner must annually​
114114 4.24report by March 15 to the chairs and ranking minority members of the legislative committees​
115115 4.25with jurisdiction over taxes and economic development in compliance with sections 3.195​
116116 4.26and 3.197, on the tax credits issued under this section. The report must include:​
117117 4.27 (1) the number and amount of the credits issued;​
118118 4.28 (2) the total amount of eligible expenses resulting in certification of tax credits; and​
119119 4.29 (3) any other information relevant to evaluating the effect of these credits.​
120120 4.30 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
121121 4.3131, 2025.​
122122 4​Section 1.​
123123 REVISOR EAP/CH 25-04270​03/04/25 ​ 5.1 Sec. 2. [290.0696] MINNESOTA CORPORATE HEADQUARTERS CREDIT.​
124124 5.2 Subdivision 1.Definitions.For purposes of this section, the terms used in this section​
125125 5.3have the meanings given in section 116J.8739.​
126126 5.4 Subd. 2.Credit allowed.A qualified corporation is allowed a credit against the tax​
127127 5.5imposed under this chapter equal to the amount determined under section 116J.8739,​
128128 5.6subdivision 3, and, if applicable, certified by the commissioner of employment and economic​
129129 5.7development under section 116J.8739, subdivision 2 or 4.​
130130 5.8 Subd. 3.Credit refundable; appropriation.If the amount of the credit under this​
131131 5.9section for any taxable year exceeds the claimant's liability for tax under this chapter, the​
132132 5.10commissioner must refund the excess to the claimant. An amount sufficient to pay the​
133133 5.11refunds required by this section is appropriated to the commissioner from the general fund.​
134134 5.12 Subd. 4.Audit powers.Notwithstanding the certification eligibility issued by the​
135135 5.13commissioner of employment and economic development under section 116J.8739, the​
136136 5.14commissioner may utilize any audit and examination powers under chapter 270C or 289A​
137137 5.15to the extent necessary to verify that the taxpayer is eligible for the credit and to assess for​
138138 5.16the amount of any improperly claimed credit.​
139139 5.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
140140 5.1831, 2025.​
141141 5​Sec. 2.​
142142 REVISOR EAP/CH 25-04270​03/04/25 ​