1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; modifying individual income taxes, corporate franchise taxes, |
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3 | 3 | | 1.3 property taxes, local government aids, sales and use taxes, and other taxes and |
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4 | 4 | | 1.4 tax-related provisions; repealing the assignability of the education credit; making |
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5 | 5 | | 1.5 the research credit partially refundable; modifying transfer provisions for the short |
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6 | 6 | | 1.6 line railroad credit; modifying the airline flight property tax; modifying provisions |
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7 | 7 | | 1.7 related to attachments and appurtenances for property taxes; modifying provisions |
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8 | 8 | | 1.8 for leased tax-exempt property; reducing the appropriation for aquatic invasive |
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9 | 9 | | 1.9 species prevention aid; lowering the sales and use tax rate and expanding the tax |
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10 | 10 | | 1.10 base to include sales of certain professional services; modifying provisions for |
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11 | 11 | | 1.11 certificates of rent paid; modifying calculations for payments and other provisions |
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12 | 12 | | 1.12 under the Sustainable Forest Incentive Act; repealing local government cannabis |
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13 | 13 | | 1.13 aid and partial cannabis tax revenue dedication; repealing provisions related to tax |
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14 | 14 | | 1.14 filing modernization; canceling amounts; making related clarifying changes; |
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15 | 15 | | 1.15 requiring a report; appropriating money; amending Minnesota Statutes 2024, |
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16 | 16 | | 1.16 sections 41A.30, subdivisions 1, 2, 5, 7; 270.075, by adding a subdivision; |
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17 | 17 | | 1.17 270C.445, subdivision 3; 272.02, subdivision 19; 273.19, subdivision 1; 273.38; |
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18 | 18 | | 1.18 273.41; 289A.60, subdivision 12; 290.068, subdivision 3, by adding subdivisions; |
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19 | 19 | | 1.19 290.0693, subdivision 4; 290.0695, subdivisions 1, 3; 290A.19; 290C.07; 295.81, |
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20 | 20 | | 1.20 subdivision 10; 297A.61, subdivision 3; 297A.62, subdivision 1; 297A.65; 297F.25, |
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21 | 21 | | 1.21 subdivision 1; 477A.19, subdivision 5; repealing Minnesota Statutes 2024, sections |
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22 | 22 | | 1.22 13.4967, subdivision 2a; 270.075, subdivision 1; 290.0679; 477A.32; Laws 2023, |
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23 | 23 | | 1.23 chapter 64, article 15, section 24. |
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24 | 24 | | 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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25 | 25 | | 1.25 ARTICLE 1 |
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26 | 26 | | 1.26 INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES |
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27 | 27 | | 1.27 Section 1. Minnesota Statutes 2024, section 41A.30, subdivision 1, is amended to read: |
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28 | 28 | | 1.28 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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29 | 29 | | 1.29the meanings given. |
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30 | 30 | | 1.30 (b) "Aircraft" has the meaning given in section 296A.01, subdivision 3. |
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31 | 31 | | 1Article 1 Section 1. |
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32 | 32 | | REVISOR EAP/HL 25-0010702/27/25 |
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33 | 33 | | State of Minnesota |
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34 | 34 | | This Document can be made available |
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35 | 35 | | in alternative formats upon request |
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36 | 36 | | HOUSE OF REPRESENTATIVES |
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37 | 37 | | H. F. No. 2437 |
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38 | 38 | | NINETY-FOURTH SESSION |
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39 | 39 | | Authored by Davids and Gomez03/17/2025 |
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40 | 40 | | The bill was read for the first time and referred to the Committee on Taxes 2.1 (c) "Aviation gasoline" has the meaning given in section 296A.01, subdivision 7. |
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41 | 41 | | 2.2 (d) "Commissioner" means the commissioner of agriculture. |
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42 | 42 | | 2.3 (e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8. |
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43 | 43 | | 2.4 (f) "Qualifying taxpayer" means a taxpayer, as defined in section 290.01, subdivision |
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44 | 44 | | 2.56, that is engaged in the business of: |
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45 | 45 | | 2.6 (1) producing sustainable aviation fuel; or |
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46 | 46 | | 2.7 (2) blending sustainable aviation fuel with aviation gasoline or jet fuel. |
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47 | 47 | | 2.8 (g) "Sustainable aviation fuel" means liquid fuel that: |
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48 | 48 | | 2.9 (1) is derived from biomass, as defined in section 41A.15, subdivision 2e, or gaseous |
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49 | 49 | | 2.10carbon oxides; |
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50 | 50 | | 2.11 (2) is not derived from palm fatty acid distillates; and |
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51 | 51 | | 2.12 (3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in |
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52 | 52 | | 2.13comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel as |
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53 | 53 | | 2.14determined by a test that shows: |
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54 | 54 | | 2.15 (i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse |
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55 | 55 | | 2.16gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation |
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56 | 56 | | 2.17turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's |
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57 | 57 | | 2.18Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model |
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58 | 58 | | 2.19that accounts for reduced emissions throughout the fuel production process; or |
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59 | 59 | | 2.20 (ii) that the fuel production pathway achieves at least a 50 percent reduction of the |
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60 | 60 | | 2.21aggregate attributional core life cycle emissions and the positive induced land use change |
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61 | 61 | | 2.22values under the life cycle methodology for sustainable aviation fuels adopted by the |
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62 | 62 | | 2.23International Civil Aviation Organization with the agreement of the United States. |
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63 | 63 | | 2.24 EFFECTIVE DATE.This section is effective retroactively for taxable years beginning |
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64 | 64 | | 2.25after December 31, 2023, for sustainable aviation fuel sold after June 30, 2024. |
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65 | 65 | | 2.26 Sec. 2. Minnesota Statutes 2024, section 41A.30, subdivision 2, is amended to read: |
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66 | 66 | | 2.27 Subd. 2.Tax credit establishment.(a) A qualifying taxpayer may claim a tax credit |
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67 | 67 | | 2.28against the tax due under chapter 290 equal to $1.50 for each gallon of sustainable aviation |
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68 | 68 | | 2.29fuel that is: |
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69 | 69 | | 2.30 (1) produced in Minnesota or blended with aviation or gasoline or jet fuel in Minnesota; |
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70 | 70 | | 2.31and |
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71 | 71 | | 2Article 1 Sec. 2. |
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72 | 72 | | REVISOR EAP/HL 25-0010702/27/25 3.1 (2) sold in Minnesota to a purchaser who certifies that the sustainable aviation fuel is |
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73 | 73 | | 3.2for use as fuel in an aircraft departing from an airport in Minnesota. |
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74 | 74 | | 3.3 (b) The credit may be claimed only after approval and certification by the commissioner |
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75 | 75 | | 3.4and is limited to the amount stated on the credit certificate issued under subdivision 3. A |
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76 | 76 | | 3.5qualifying taxpayer must apply to the commissioner for certification and allocation of a |
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77 | 77 | | 3.6credit in a form and manner prescribed by the commissioner. |
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78 | 78 | | 3.7 (c) A qualifying taxpayer may claim a credit for blending or producing sustainable |
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79 | 79 | | 3.8aviation fuel, but not both. If sustainable aviation fuel is blended with aviation gasoline or |
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80 | 80 | | 3.9jet fuel, the credit is allowed only for the portion of sustainable aviation fuel that is included |
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81 | 81 | | 3.10in the blended fuel. |
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82 | 82 | | 3.11 (d) If the amount of credit that the taxpayer is eligible to receive under this section |
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83 | 83 | | 3.12exceeds the liability for tax under chapter 290, the commissioner of revenue must refund |
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84 | 84 | | 3.13the excess to the taxpayer. |
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85 | 85 | | 3.14 (e) A qualifying taxpayer may claim a supplemental tax credit against the tax due under |
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86 | 86 | | 3.15chapter 290 equal to the rate of $0.02 per gallon for each additional whole percentage carbon |
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87 | 87 | | 3.16intensity reduction beyond 50 percent, but capped at $0.50 per gallon. |
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88 | 88 | | 3.17 EFFECTIVE DATE.This section is effective retroactively for taxable years beginning |
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89 | 89 | | 3.18after December 31, 2023, for sustainable aviation fuel sold after June 30, 2024. |
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90 | 90 | | 3.19 Sec. 3. Minnesota Statutes 2024, section 41A.30, subdivision 5, is amended to read: |
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91 | 91 | | 3.20 Subd. 5.Allocation limits.(a) For tax credits allowed under subdivision 2, the |
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92 | 92 | | 3.21commissioner must not issue credit certificates for more than: |
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93 | 93 | | 3.22 (1) $7,400,000 for each of fiscal year years 2025 to 2027; and |
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94 | 94 | | 3.23 (2) $2,100,000 for each of fiscal years 2026 and 2027 2028 to 2035. |
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95 | 95 | | 3.24 (b) If the entire amount authorized under paragraph (a) is not allocated in that fiscal year |
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96 | 96 | | 3.252025 or 2026, any remaining amount is carried forward into the next fiscal year and is |
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97 | 97 | | 3.26available for allocation through fiscal year 2030 2035 until the entire allocation has been |
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98 | 98 | | 3.27made. The commissioner must not issue any credit certificates for fiscal years beginning |
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99 | 99 | | 3.28after June 30, 2030 2035, and any unallocated amounts cancel on that date. |
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100 | 100 | | 3.29 EFFECTIVE DATE.This section is effective the day following final enactment. |
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101 | 101 | | 3Article 1 Sec. 3. |
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102 | 102 | | REVISOR EAP/HL 25-0010702/27/25 4.1 Sec. 4. Minnesota Statutes 2024, section 41A.30, subdivision 7, is amended to read: |
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103 | 103 | | 4.2 Subd. 7.Expiration.This section expires for taxable years beginning after December |
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104 | 104 | | 4.331, 2030 2035. |
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105 | 105 | | 4.4 EFFECTIVE DATE.This section is effective the day following final enactment. |
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106 | 106 | | 4.5 Sec. 5. Minnesota Statutes 2024, section 270C.445, subdivision 3, is amended to read: |
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107 | 107 | | 4.6 Subd. 3.Standards of conduct.No tax preparer shall: |
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108 | 108 | | 4.7 (1) without good cause fail to promptly, diligently, and without unreasonable delay |
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109 | 109 | | 4.8complete a client's return; |
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110 | 110 | | 4.9 (2) obtain the signature of a client to a return or authorizing document that contains |
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111 | 111 | | 4.10blank spaces to be filled in after it has been signed; |
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112 | 112 | | 4.11 (3) fail to sign a client's return when compensation for services rendered has been made; |
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113 | 113 | | 4.12 (4) fail to provide on a client's return the preparer tax identification number when required |
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114 | 114 | | 4.13under section 6109(a)(4) of the Internal Revenue Code or section 289A.60, subdivision 28; |
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115 | 115 | | 4.14 (5) fail or refuse to give a client a copy of any document requiring the client's signature |
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116 | 116 | | 4.15within a reasonable time after the client signs the document; |
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117 | 117 | | 4.16 (6) fail to retain for at least four years a copy of a client's returns; |
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118 | 118 | | 4.17 (7) fail to maintain a confidential relationship with clients or former clients; |
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119 | 119 | | 4.18 (8) fail to take commercially reasonable measures to safeguard a client's nonpublic |
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120 | 120 | | 4.19personal information; |
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121 | 121 | | 4.20 (9) make, authorize, publish, disseminate, circulate, or cause to make, either directly or |
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122 | 122 | | 4.21indirectly, any false, deceptive, or misleading statement or representation relating to or in |
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123 | 123 | | 4.22connection with the offering or provision of tax preparation services; |
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124 | 124 | | 4.23 (10) require a client to enter into a loan arrangement in order to complete a client's return; |
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125 | 125 | | 4.24 (11) claim credits or deductions on a client's return for which the tax preparer knows or |
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126 | 126 | | 4.25reasonably should know the client does not qualify; |
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127 | 127 | | 4.26 (12) report a household income on a client's claim filed under chapter 290A that the tax |
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128 | 128 | | 4.27preparer knows or reasonably should know is not accurate; |
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129 | 129 | | 4.28 (13) engage in any conduct that is subject to a penalty under section 289A.60, subdivision |
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130 | 130 | | 4.2913, 20, 20a, 26, or 28; |
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131 | 131 | | 4Article 1 Sec. 5. |
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132 | 132 | | REVISOR EAP/HL 25-0010702/27/25 5.1 (14) whether or not acting as a taxpayer representative, fail to conform to the standards |
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133 | 133 | | 5.2of conduct required by Minnesota Rules, part 8052.0300, subpart 4; |
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134 | 134 | | 5.3 (15) whether or not acting as a taxpayer representative, engage in any conduct that is |
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135 | 135 | | 5.4incompetent conduct under Minnesota Rules, part 8052.0300, subpart 5; |
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136 | 136 | | 5.5 (16) whether or not acting as a taxpayer representative, engage in any conduct that is |
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137 | 137 | | 5.6disreputable conduct under Minnesota Rules, part 8052.0300, subpart 6; |
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138 | 138 | | 5.7 (17) charge, offer to accept, or accept a fee based upon a percentage of an anticipated |
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139 | 139 | | 5.8refund for tax preparation services; |
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140 | 140 | | 5.9 (18) under any circumstances, withhold or fail to return to a client a document provided |
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141 | 141 | | 5.10by the client for use in preparing the client's return; |
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142 | 142 | | 5.11 (19) take control or ownership of a client's refund by any means, including: |
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143 | 143 | | 5.12 (i) directly or indirectly endorsing or otherwise negotiating a check or other refund |
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144 | 144 | | 5.13instrument, including an electronic version of a check; |
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145 | 145 | | 5.14 (ii) directing an electronic or direct deposit of the refund into an account unless the |
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146 | 146 | | 5.15client's name is on the account; and |
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147 | 147 | | 5.16 (iii) establishing or using an account in the preparer's name to receive a client's refund |
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148 | 148 | | 5.17through a direct deposit or any other instrument unless the client's name is also on the |
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149 | 149 | | 5.18account, except that a taxpayer may assign the portion of a refund representing the Minnesota |
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150 | 150 | | 5.19education credit available under section 290.0674 to a bank account without the client's |
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151 | 151 | | 5.20name, as provided under section 290.0679; |
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152 | 152 | | 5.21 (20) fail to act in the best interests of the client; |
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153 | 153 | | 5.22 (21) fail to safeguard and account for any money handled for the client; |
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154 | 154 | | 5.23 (22) fail to disclose all material facts of which the preparer has knowledge which might |
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155 | 155 | | 5.24reasonably affect the client's rights and interests; |
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156 | 156 | | 5.25 (23) violate any provision of section 332.37; |
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157 | 157 | | 5.26 (24) include any of the following in any document provided or signed in connection |
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158 | 158 | | 5.27with the provision of tax preparation services: |
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159 | 159 | | 5.28 (i) a hold harmless clause; |
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160 | 160 | | 5.29 (ii) a confession of judgment or a power of attorney to confess judgment against the |
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161 | 161 | | 5.30client or appear as the client in any judicial proceeding; |
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162 | 162 | | 5Article 1 Sec. 5. |
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163 | 163 | | REVISOR EAP/HL 25-0010702/27/25 6.1 (iii) a waiver of the right to a jury trial, if applicable, in any action brought by or against |
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164 | 164 | | 6.2a debtor; |
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165 | 165 | | 6.3 (iv) an assignment of or an order for payment of wages or other compensation for |
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166 | 166 | | 6.4services; |
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167 | 167 | | 6.5 (v) a provision in which the client agrees not to assert any claim or defense otherwise |
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168 | 168 | | 6.6available; |
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169 | 169 | | 6.7 (vi) a waiver of any provision of this section or a release of any obligation required to |
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170 | 170 | | 6.8be performed on the part of the tax preparer; or |
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171 | 171 | | 6.9 (vii) a waiver of the right to injunctive, declaratory, or other equitable relief or relief on |
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172 | 172 | | 6.10a class basis; or |
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173 | 173 | | 6.11 (25) if making, providing, or facilitating a refund anticipation loan, fail to provide all |
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174 | 174 | | 6.12disclosures required by the federal Truth in Lending Act, United States Code, title 15, in a |
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175 | 175 | | 6.13form that may be retained by the client. |
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176 | 176 | | 6.14 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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177 | 177 | | 6.1531, 2025. |
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178 | 178 | | 6.16 Sec. 6. Minnesota Statutes 2024, section 290.068, subdivision 3, is amended to read: |
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179 | 179 | | 6.17 Subd. 3.Limitation; carryover.(a) The credit for taxable years beginning before January |
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180 | 180 | | 6.181, 2025, shall not exceed the liability for tax. |
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181 | 181 | | 6.19 (b) If the amount of the credit allowed for the taxable year exceeds the liability for tax |
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182 | 182 | | 6.20of the taxpayer, but is allowed as a result of the liability for tax of other members of the |
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183 | 183 | | 6.21unitary group for the taxable year, the taxpayer must allocate the excess as a research credit |
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184 | 184 | | 6.22to another member of the unitary group. |
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185 | 185 | | 6.23 (b) (c) In the case of a corporation which is a partner in a partnership, the credit allowed |
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186 | 186 | | 6.24for the taxable year shall not exceed the lesser of the amount determined under paragraph |
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187 | 187 | | 6.25(a) for the taxable year or an amount (separately computed with respect to the corporation's |
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188 | 188 | | 6.26interest in the trade or business or entity) equal to the amount of tax attributable to that |
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189 | 189 | | 6.27portion of taxable income which is allocable or apportionable to the corporation's interest |
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190 | 190 | | 6.28in the trade or business or entity. |
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191 | 191 | | 6.29 (c) (d) If the amount of the credit determined under this section for any taxable year |
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192 | 192 | | 6.30exceeds the limitation under paragraph (a) or (b) paragraphs (a) to (c), including amounts |
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193 | 193 | | 6.31allocated to other members of the unitary group, the excess shall be a research credit |
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194 | 194 | | 6.32carryover to each of the 15 succeeding taxable years. The entire amount of the excess unused |
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195 | 195 | | 6Article 1 Sec. 6. |
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196 | 196 | | REVISOR EAP/HL 25-0010702/27/25 7.1credit for the taxable year shall be carried first to the earliest of the taxable years to which |
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197 | 197 | | 7.2the credit may be carried and then to each successive year to which the credit may be carried. |
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198 | 198 | | 7.3The amount of the unused credit which may be added under this clause shall not exceed the |
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199 | 199 | | 7.4taxpayer's liability for tax less the research credit for the taxable year. |
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200 | 200 | | 7.5 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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201 | 201 | | 7.631, 2024. |
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202 | 202 | | 7.7 Sec. 7. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to |
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203 | 203 | | 7.8read: |
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204 | 204 | | 7.9 Subd. 6b.Credit partially refundable.(a) For an allowed credit claimed on a tax return |
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205 | 205 | | 7.10filed on or before the due date or extended due date, if the amount of credit allowed in this |
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206 | 206 | | 7.11section for qualified research expenses incurred in taxable years beginning after December |
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207 | 207 | | 7.1231, 2024, exceeds the taxpayer's liability for tax, the commissioner shall refund 25 percent |
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208 | 208 | | 7.13of the excess amount. |
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209 | 209 | | 7.14 (b) The refundable amount allowed under paragraph (a) equals 25 percent of the excess, |
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210 | 210 | | 7.15if any, of the credit amount remaining after the liability for tax has been reduced to zero, |
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211 | 211 | | 7.16without any research credit carryover. |
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212 | 212 | | 7.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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213 | 213 | | 7.1831, 2024. |
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214 | 214 | | 7.19 Sec. 8. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to |
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215 | 215 | | 7.20read: |
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216 | 216 | | 7.21 Subd. 7a.Appropriation.An amount sufficient to pay the refunds required by this |
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217 | 217 | | 7.22section is appropriated to the commissioner from the general fund. |
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218 | 218 | | 7.23 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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219 | 219 | | 7.2431, 2024. |
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220 | 220 | | 7.25 Sec. 9. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to |
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221 | 221 | | 7.26read: |
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222 | 222 | | 7.27 Subd. 8.Purpose statement.The purpose of the research credit provided under this |
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223 | 223 | | 7.28section is to: (1) create or retain jobs in the state; (2) increase research activity in the state; |
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224 | 224 | | 7.29and (3) attract or retain business in the state. |
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225 | 225 | | 7.30 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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226 | 226 | | 7.3131, 2024. |
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227 | 227 | | 7Article 1 Sec. 9. |
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228 | 228 | | REVISOR EAP/HL 25-0010702/27/25 8.1 Sec. 10. Minnesota Statutes 2024, section 290.0695, subdivision 1, is amended to read: |
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229 | 229 | | 8.2 Subdivision 1.Definitions.(a) For purpose purposes of this section, the following terms |
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230 | 230 | | 8.3have the meanings given them. |
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231 | 231 | | 8.4 (b) "Credit certificate" means the certificate issued by the commissioner of transportation |
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232 | 232 | | 8.5under subdivision 3, paragraph (a). |
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233 | 233 | | 8.6 (b) (c) "Eligible taxpayer" means any railroad that is classified by the United States |
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234 | 234 | | 8.7Surface Transportation Board as a Class II or Class III railroad. |
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235 | 235 | | 8.8 (c) (d) "Eligible transferee" means any taxpayer subject to tax under this chapter or |
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236 | 236 | | 8.9chapter 297I. |
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237 | 237 | | 8.10 (d) (e) "Qualified railroad reconstruction or replacement expenditures" means gross |
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238 | 238 | | 8.11expenditures in the taxable year for maintenance, reconstruction, or replacement of railroad |
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239 | 239 | | 8.12infrastructure, including track, roadbed, bridges, industrial leads and sidings, and track-related |
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240 | 240 | | 8.13structures owned or leased by a Class II or Class III railroad in Minnesota as of January 1, |
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241 | 241 | | 8.142021. Qualified railroad reconstruction or replacement expenditures also includes new |
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242 | 242 | | 8.15construction of industrial leads, switches, spurs and sidings and extensions of existing sidings |
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243 | 243 | | 8.16in Minnesota by a Class II or Class III railroad. |
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244 | 244 | | 8.17 (f) "Transfer credit certificate" means the certificate issued to a transferee by the |
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245 | 245 | | 8.18commissioner under subdivision 3, paragraph (d). |
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246 | 246 | | 8.19 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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247 | 247 | | 8.2031, 2024. |
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248 | 248 | | 8.21 Sec. 11. Minnesota Statutes 2024, section 290.0695, subdivision 3, is amended to read: |
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249 | 249 | | 8.22 Subd. 3.Transferability Credit certificates; written agreement required; credit |
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250 | 250 | | 8.23certificate transferability.(a) To qualify for a credit under this section, an eligible taxpayer |
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251 | 251 | | 8.24must apply to the commissioner of transportation for a credit certificate. The application |
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252 | 252 | | 8.25for the credit certificate must be in the form and manner prescribed by the commissioner |
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253 | 253 | | 8.26of transportation, in consultation with the commissioner. If the application is approved, the |
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254 | 254 | | 8.27commissioner of transportation must issue the credit certificate to the eligible taxpayer |
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255 | 255 | | 8.28within 30 days of receipt of the application. The credit certificate must state the number of |
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256 | 256 | | 8.29miles of qualified railroad reconstruction or replacement expenditures in the taxable year |
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257 | 257 | | 8.30and the total amount of credit calculated under subdivision 2, paragraph (a). The |
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258 | 258 | | 8.31commissioner of transportation must provide a copy of the credit certificate to the |
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259 | 259 | | 8.32commissioner of revenue. The commissioner of transportation must not issue more than |
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260 | 260 | | 8.33one credit certificate to an eligible taxpayer in a taxable year. |
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261 | 261 | | 8Article 1 Sec. 11. |
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262 | 262 | | REVISOR EAP/HL 25-0010702/27/25 9.1 (b) By written agreement, an eligible taxpayer may transfer the credit allowed under |
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263 | 263 | | 9.2this section by written agreement to an eligible transferee. The amount of the transferred |
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264 | 264 | | 9.3credit is limited to the unused, remaining portion of the credit. as follows: |
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265 | 265 | | 9.4 (1) any amount of the credit allowed that is stated in the credit certificate before any of |
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266 | 266 | | 9.5the credit is claimed; or |
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267 | 267 | | 9.6 (2) the entire amount of the credit carryover in each of the five succeeding taxable years. |
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268 | 268 | | 9.7 (b) (c) The eligible taxpayer and the eligible transferee must jointly file a copy of the |
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269 | 269 | | 9.8written transfer agreement with the commissioner within 30 days of the transfer. The written |
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270 | 270 | | 9.9agreement must contain the name, address, and taxpayer identification number of the parties |
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271 | 271 | | 9.10to the transfer; the taxable year the eligible taxpayer incurred the qualified expenditures; |
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272 | 272 | | 9.11the amount of credit being transferred; and the taxable year or years for which the transferred |
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273 | 273 | | 9.12credit may be claimed. |
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274 | 274 | | 9.13 (c) (d) The commissioner must issue a transfer credit certificate to the transferee within |
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275 | 275 | | 9.1430 days of the joint filing of a copy of the written transfer agreement with the commissioner. |
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276 | 276 | | 9.15 (d) In the case of an audit or assessment, the transferee is liable for repayment of credits |
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277 | 277 | | 9.16claimed in excess of the allowed amount. |
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278 | 278 | | 9.17 (e) An eligible taxpayer must not transfer a credit to an eligible transferee more than |
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279 | 279 | | 9.18once in a taxable year. |
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280 | 280 | | 9.19 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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281 | 281 | | 9.2031, 2024. |
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282 | 282 | | 9.21 Sec. 12. RESEARCH CREDIT; REPORT TO LEGISLATURE. |
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283 | 283 | | 9.22 Subdivision 1.Report required.For taxable year 2025, the commissioner of revenue |
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284 | 284 | | 9.23must determine the economic impact to the state from the increased research activities for |
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285 | 285 | | 9.24which credits are provided under Minnesota Statutes, section 290.068, and provide a written |
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286 | 286 | | 9.25report on the impact to the chairs and ranking minority members of the legislative committees |
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287 | 287 | | 9.26with jurisdiction over taxes, in compliance with Minnesota Statutes, sections 3.195 and |
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288 | 288 | | 9.273.197. The report must be submitted by February 1, 2027. |
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289 | 289 | | 9.28 Subd. 2.Appropriation.$50,000 in fiscal year 2026 and $50,000 in fiscal year 2027 |
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290 | 290 | | 9.29are appropriated from the general fund to the commissioner of revenue for the costs associated |
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291 | 291 | | 9.30with preparing the report required under subdivision 1. These are onetime appropriations. |
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292 | 292 | | 9.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
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293 | 293 | | 9Article 1 Sec. 12. |
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294 | 294 | | REVISOR EAP/HL 25-0010702/27/25 10.1 Sec. 13. REPEALER. |
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295 | 295 | | 10.2 Minnesota Statutes 2024, sections 13.4967, subdivision 2a; and 290.0679, are repealed. |
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296 | 296 | | 10.3 EFFECTIVE DATE.This section is effective for assignments after December 31, 2025. |
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297 | 297 | | 10.4 ARTICLE 2 |
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298 | 298 | | 10.5 PROPERTY TAXES |
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299 | 299 | | 10.6 Section 1. Minnesota Statutes 2024, section 270.075, is amended by adding a subdivision |
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300 | 300 | | 10.7to read: |
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301 | 301 | | 10.8 Subd. 1a.Amount of tax.The commissioner shall levy and collect a total annual tax of |
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302 | 302 | | 10.9$8,050,000 from all airline companies engaged in air commerce in this state. The |
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303 | 303 | | 10.10commissioner shall apportion the tax to each airline company based on the valuation and |
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304 | 304 | | 10.11net tax capacity of all flight property calculated pursuant to section 270.074. |
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305 | 305 | | 10.12 EFFECTIVE DATE.This section is effective for property taxes payable in 2026 and |
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306 | 306 | | 10.13thereafter. |
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307 | 307 | | 10.14Sec. 2. Minnesota Statutes 2024, section 272.02, subdivision 19, is amended to read: |
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308 | 308 | | 10.15 Subd. 19.Property used to distribute electricity to farmers.Electric power distribution |
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309 | 309 | | 10.16lines and their attachments and appurtenances systems, not including substations, or |
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310 | 310 | | 10.17transmission or generation equipment, that are used primarily for supplying electricity to |
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311 | 311 | | 10.18farmers at retail, are exempt. |
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312 | 312 | | 10.19 EFFECTIVE DATE.This section is effective beginning with assessment year 2025 |
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313 | 313 | | 10.20and thereafter. |
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314 | 314 | | 10.21Sec. 3. Minnesota Statutes 2024, section 273.19, subdivision 1, is amended to read: |
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315 | 315 | | 10.22 Subdivision 1.Tax-exempt property; lease.(a) Except as provided in subdivision 3 or |
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316 | 316 | | 10.234, tax-exempt property held under a lease for a term of at least one year, and not taxable |
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317 | 317 | | 10.24under section 272.01, subdivision 2, or under a contract for the purchase thereof, shall be |
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318 | 318 | | 10.25considered, for all purposes of taxation, as the property of the person holding it. In this |
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319 | 319 | | 10.26subdivision, "tax-exempt property" means property owned by the United States, the state |
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320 | 320 | | 10.27or any of its political subdivisions, a school, or any religious, scientific, or benevolent society |
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321 | 321 | | 10.28or institution, incorporated or unincorporated, or any corporation whose property is not |
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322 | 322 | | 10.29taxed in the same manner as other property. |
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323 | 323 | | 10.30 This subdivision (b) Paragraph (a) does not apply to: |
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324 | 324 | | 10Article 2 Sec. 3. |
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325 | 325 | | REVISOR EAP/HL 25-0010702/27/25 11.1 (1) property exempt from taxation under section 272.01, subdivision 2, paragraph (b), |
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326 | 326 | | 11.2clauses (2), (3), and (4), or to; |
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327 | 327 | | 11.3 (2) property exempt from taxation under section 272.0213.; or |
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328 | 328 | | 11.4 (3) a lease of any term of residential rental housing property exempt from taxation under |
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329 | 329 | | 11.5section 272.02, subdivision 7. |
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330 | 330 | | 11.6 EFFECTIVE DATE.This section is effective beginning with assessment year 2025 |
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331 | 331 | | 11.7and thereafter. |
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332 | 332 | | 11.8 Sec. 4. Minnesota Statutes 2024, section 273.38, is amended to read: |
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333 | 333 | | 11.9 273.38 PERCENTAGE OF ASSESSMENTS; EXCEPTIONS. |
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334 | 334 | | 11.10 The distribution lines and the attachments and appurtenances thereto systems, not |
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335 | 335 | | 11.11including substations, or transmission or generation equipment, of cooperative associations |
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336 | 336 | | 11.12organized under the provisions of Laws 1923, chapter 326, and laws amendatory thereof |
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337 | 337 | | 11.13and supplemental thereto, and engaged in the electrical heat, light and power business, upon |
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338 | 338 | | 11.14a mutual, nonprofit and cooperative plan, shall be assessed and taxed as provided in sections |
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339 | 339 | | 11.15273.40 and 273.41. |
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340 | 340 | | 11.16 EFFECTIVE DATE.This section is effective beginning with assessment year 2025 |
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341 | 341 | | 11.17and thereafter. |
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342 | 342 | | 11.18Sec. 5. Minnesota Statutes 2024, section 273.41, is amended to read: |
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343 | 343 | | 11.19 273.41 AMOUNT OF TAX; DISTRIBUTION. |
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344 | 344 | | 11.20 There is hereby imposed upon each such cooperative association on December 31 of |
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345 | 345 | | 11.21each year a tax of $10 for each 100 members, or fraction thereof, of such association. The |
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346 | 346 | | 11.22tax, when paid, shall be in lieu of all personal property taxes, state, county, or local, upon |
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347 | 347 | | 11.23distribution lines and the attachments and appurtenances thereto of such associations that |
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348 | 348 | | 11.24part of the association's distribution system, not including substations, or transmission or |
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349 | 349 | | 11.25generation equipment, located in rural areas. The tax shall be payable on or before March |
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350 | 350 | | 11.261 of the next succeeding year, to the commissioner of revenue. If the tax, or any portion |
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351 | 351 | | 11.27thereof, is not paid within the time herein specified for the payment thereof, there shall be |
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352 | 352 | | 11.28added thereto a specific penalty equal to ten percent of the amount so remaining unpaid. |
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353 | 353 | | 11.29Such penalty shall be collected as part of said tax, and the amount of said tax not timely |
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354 | 354 | | 11.30paid, together with said penalty, shall bear interest at the rate specified in section 270C.40 |
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355 | 355 | | 11.31from the time such tax should have been paid until paid. The commissioner shall deposit |
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356 | 356 | | 11.32the amount so received in the general fund of the state treasury. |
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357 | 357 | | 11Article 2 Sec. 5. |
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358 | 358 | | REVISOR EAP/HL 25-0010702/27/25 12.1 EFFECTIVE DATE.This section is effective beginning with assessment year 2025 |
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359 | 359 | | 12.2and thereafter. |
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360 | 360 | | 12.3 Sec. 6. Minnesota Statutes 2024, section 477A.19, subdivision 5, is amended to read: |
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361 | 361 | | 12.4 Subd. 5.Appropriation.$10,000,000 $5,000,000 each year is appropriated from the |
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362 | 362 | | 12.5general fund to the commissioner of revenue to make the payments required under this |
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363 | 363 | | 12.6section. |
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364 | 364 | | 12.7 EFFECTIVE DATE.This section is effective for aids payable in 2026 and thereafter. |
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365 | 365 | | 12.8 Sec. 7. REPEALER. |
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366 | 366 | | 12.9 Minnesota Statutes 2024, section 270.075, subdivision 1, is repealed. |
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367 | 367 | | 12.10 EFFECTIVE DATE.This section is effective for property taxes payable in 2026 and |
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368 | 368 | | 12.11thereafter. |
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369 | 369 | | 12.12 ARTICLE 3 |
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370 | 370 | | 12.13 SALES AND USE TAXES |
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371 | 371 | | 12.14Section 1. Minnesota Statutes 2024, section 297A.61, subdivision 3, is amended to read: |
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372 | 372 | | 12.15 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to, |
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373 | 373 | | 12.16each of the transactions listed in this subdivision. In applying the provisions of this chapter, |
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374 | 374 | | 12.17the terms "tangible personal property" and "retail sale" include the taxable services listed |
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375 | 375 | | 12.18in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable |
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376 | 376 | | 12.19services, unless specifically provided otherwise. Services performed by an employee for |
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377 | 377 | | 12.20an employer are not taxable. Services performed by a partnership or association for another |
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378 | 378 | | 12.21partnership or association are not taxable if one of the entities owns or controls more than |
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379 | 379 | | 12.2280 percent of the voting power of the equity interest in the other entity. Services performed |
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380 | 380 | | 12.23between members of an affiliated group of corporations are not taxable. For purposes of |
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381 | 381 | | 12.24the preceding sentence, "affiliated group of corporations" means those entities that would |
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382 | 382 | | 12.25be classified as members of an affiliated group as defined under United States Code, title |
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383 | 383 | | 12.2626, section 1504, disregarding the exclusions in section 1504(b). |
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384 | 384 | | 12.27 (b) Sale and purchase include: |
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385 | 385 | | 12.28 (1) any transfer of title or possession, or both, of tangible personal property, whether |
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386 | 386 | | 12.29absolutely or conditionally, for a consideration in money or by exchange or barter; and |
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387 | 387 | | 12Article 3 Section 1. |
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388 | 388 | | REVISOR EAP/HL 25-0010702/27/25 13.1 (2) the leasing of or the granting of a license to use or consume, for a consideration in |
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389 | 389 | | 13.2money or by exchange or barter, tangible personal property, other than a manufactured |
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390 | 390 | | 13.3home used for residential purposes for a continuous period of 30 days or more. |
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391 | 391 | | 13.4 (c) Sale and purchase include the production, fabrication, printing, or processing of |
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392 | 392 | | 13.5tangible personal property for a consideration for consumers who furnish either directly or |
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393 | 393 | | 13.6indirectly the materials used in the production, fabrication, printing, or processing. |
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394 | 394 | | 13.7 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding |
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395 | 395 | | 13.8section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following: |
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396 | 396 | | 13.9 (1) prepared food sold by the retailer; |
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397 | 397 | | 13.10 (2) soft drinks; |
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398 | 398 | | 13.11 (3) candy; and |
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399 | 399 | | 13.12 (4) dietary supplements. |
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400 | 400 | | 13.13 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, |
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401 | 401 | | 13.14water, or steam for use or consumption within this state. |
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402 | 402 | | 13.15 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer |
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403 | 403 | | 13.16software whether delivered electronically, by load and leave, or otherwise. |
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404 | 404 | | 13.17 (g) A sale and a purchase includes the furnishing for a consideration of the following |
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405 | 405 | | 13.18services: |
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406 | 406 | | 13.19 (1) the privilege of admission to places of amusement, recreational areas, or athletic |
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407 | 407 | | 13.20events, and the making available of amusement devices, tanning facilities, reducing salons, |
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408 | 408 | | 13.21steam baths, health clubs, and spas or athletic facilities; |
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409 | 409 | | 13.22 (2) lodging and related services by a hotel, rooming house, resort, campground, motel, |
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410 | 410 | | 13.23or trailer camp, including furnishing the guest of the facility with access to telecommunication |
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411 | 411 | | 13.24services, and the granting of any similar license to use real property in a specific facility, |
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412 | 412 | | 13.25other than the renting or leasing of it for a continuous period of 30 days or more under an |
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413 | 413 | | 13.26enforceable written agreement that may not be terminated without prior notice and including |
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414 | 414 | | 13.27accommodations intermediary services provided in connection with other services provided |
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415 | 415 | | 13.28under this clause; |
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416 | 416 | | 13.29 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic |
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417 | 417 | | 13.30basis, except for parking at a meter; |
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418 | 418 | | 13.31 (4) the granting of membership in a club, association, or other organization if: |
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419 | 419 | | 13Article 3 Section 1. |
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420 | 420 | | REVISOR EAP/HL 25-0010702/27/25 14.1 (i) the club, association, or other organization makes available for the use of its members |
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421 | 421 | | 14.2sports and athletic facilities, without regard to whether a separate charge is assessed for use |
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422 | 422 | | 14.3of the facilities; and |
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423 | 423 | | 14.4 (ii) use of the sports and athletic facility is not made available to the general public on |
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424 | 424 | | 14.5the same basis as it is made available to members. |
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425 | 425 | | 14.6Granting of membership means both onetime initiation fees and periodic membership dues. |
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426 | 426 | | 14.7Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash |
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427 | 427 | | 14.8courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming |
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428 | 428 | | 14.9pools; and other similar athletic or sports facilities; |
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429 | 429 | | 14.10 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate |
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430 | 430 | | 14.11material used in road construction; and delivery of concrete block by a third party if the |
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431 | 431 | | 14.12delivery would be subject to the sales tax if provided by the seller of the concrete block. |
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432 | 432 | | 14.13For purposes of this clause, "road construction" means construction of: |
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433 | 433 | | 14.14 (i) public roads; |
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434 | 434 | | 14.15 (ii) cartways; and |
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435 | 435 | | 14.16 (iii) private roads in townships located outside of the seven-county metropolitan area |
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436 | 436 | | 14.17up to the point of the emergency response location sign; and |
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437 | 437 | | 14.18 (6) services as provided in this clause: |
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438 | 438 | | 14.19 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, |
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439 | 439 | | 14.20and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, |
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440 | 440 | | 14.21drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not |
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441 | 441 | | 14.22include services provided by coin operated facilities operated by the customer; |
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442 | 442 | | 14.23 (ii) motor vehicle washing, waxing, and cleaning services, including services provided |
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443 | 443 | | 14.24by coin operated facilities operated by the customer, and rustproofing, undercoating, and |
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444 | 444 | | 14.25towing of motor vehicles; |
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445 | 445 | | 14.26 (iii) building and residential cleaning, maintenance, and disinfecting services and pest |
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446 | 446 | | 14.27control and exterminating services; |
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447 | 447 | | 14.28 (iv) detective, security, burglar, fire alarm, and armored car services; but not including |
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448 | 448 | | 14.29services performed within the jurisdiction they serve by off-duty licensed peace officers as |
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449 | 449 | | 14.30defined in section 626.84, subdivision 1, or services provided by a nonprofit organization |
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450 | 450 | | 14.31or any organization at the direction of a county for monitoring and electronic surveillance |
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451 | 451 | | 14Article 3 Section 1. |
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452 | 452 | | REVISOR EAP/HL 25-0010702/27/25 15.1of persons placed on in-home detention pursuant to court order or under the direction of the |
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453 | 453 | | 15.2Minnesota Department of Corrections; |
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454 | 454 | | 15.3 (v) pet grooming services; |
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455 | 455 | | 15.4 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting |
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456 | 456 | | 15.5and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant |
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457 | 457 | | 15.6care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing |
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458 | 458 | | 15.7contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility |
---|
459 | 459 | | 15.8lines. Services performed under a construction contract for the installation of shrubbery, |
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460 | 460 | | 15.9plants, sod, trees, bushes, and similar items are not taxable; |
---|
461 | 461 | | 15.10 (vii) massages, except when provided by a licensed health care facility or professional |
---|
462 | 462 | | 15.11or upon written referral from a licensed health care facility or professional for treatment of |
---|
463 | 463 | | 15.12illness, injury, or disease; and |
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464 | 464 | | 15.13 (viii) the furnishing of lodging, board, and care services for animals in kennels and other |
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465 | 465 | | 15.14similar arrangements, but excluding veterinary and horse boarding services. |
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466 | 466 | | 15.15 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal |
---|
467 | 467 | | 15.16property or taxable services by the United States or any of its agencies or instrumentalities, |
---|
468 | 468 | | 15.17or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. |
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469 | 469 | | 15.18 (i) A sale and a purchase includes the furnishing for a consideration of |
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470 | 470 | | 15.19telecommunications services, ancillary services associated with telecommunication services, |
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471 | 471 | | 15.20and pay television services. Telecommunication services include, but are not limited to, the |
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472 | 472 | | 15.21following services, as defined in section 297A.669: air-to-ground radiotelephone service, |
---|
473 | 473 | | 15.22mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid |
---|
474 | 474 | | 15.23wireless calling service, and private communication services. The services in this paragraph |
---|
475 | 475 | | 15.24are taxed to the extent allowed under federal law. |
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476 | 476 | | 15.25 (j) A sale and a purchase includes the furnishing for a consideration of installation if the |
---|
477 | 477 | | 15.26installation charges would be subject to the sales tax if the installation were provided by |
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478 | 478 | | 15.27the seller of the item being installed. |
---|
479 | 479 | | 15.28 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a |
---|
480 | 480 | | 15.29customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor |
---|
481 | 481 | | 15.30vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, |
---|
482 | 482 | | 15.31subdivision 11. |
---|
483 | 483 | | 15.32 (l) A sale and a purchase includes furnishing for a consideration of specified digital |
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484 | 484 | | 15.33products or other digital products or granting the right for a consideration to use specified |
---|
485 | 485 | | 15Article 3 Section 1. |
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486 | 486 | | REVISOR EAP/HL 25-0010702/27/25 16.1digital products or other digital products on a temporary or permanent basis and regardless |
---|
487 | 487 | | 16.2of whether the purchaser is required to make continued payments for such right. Wherever |
---|
488 | 488 | | 16.3the term "tangible personal property" is used in this chapter, other than in subdivisions 10 |
---|
489 | 489 | | 16.4and 38, the provisions also apply to specified digital products, or other digital products, |
---|
490 | 490 | | 16.5unless specifically provided otherwise or the context indicates otherwise. |
---|
491 | 491 | | 16.6 (m) The sale of the privilege of admission under section 297A.61, subdivision 3, |
---|
492 | 492 | | 16.7paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event |
---|
493 | 493 | | 16.8includes all charges included in the privilege of admission's sales price, without deduction |
---|
494 | 494 | | 16.9for amenities that may be provided, unless the amenities are separately stated and the |
---|
495 | 495 | | 16.10purchaser of the privilege of admission is entitled to add or decline the amenities, and the |
---|
496 | 496 | | 16.11amenities are not otherwise taxable. |
---|
497 | 497 | | 16.12 (n) A sale and purchase includes the transfer for consideration of a taxable cannabis |
---|
498 | 498 | | 16.13product as defined in section 295.81, subdivision 1, paragraph (r). |
---|
499 | 499 | | 16.14 (o) A sale and purchase includes the furnishing for a consideration of the following |
---|
500 | 500 | | 16.15services when purchased by a person other than a trade or business: |
---|
501 | 501 | | 16.16 (1) accounting services, including but not limited to audit, bookkeeping, financial |
---|
502 | 502 | | 16.17statement preparation, payroll, and tax return preparation services, but excluding tax |
---|
503 | 503 | | 16.18preparation services used to claim the Minnesota child tax credit under section 290.0661 |
---|
504 | 504 | | 16.19or the Minnesota working family credit under section 290.0671; |
---|
505 | 505 | | 16.20 (2) banking and brokerage services, including but not limited to account maintenance |
---|
506 | 506 | | 16.21fees, safety deposit boxes, credit card fees, loan servicing, payment services, wealth |
---|
507 | 507 | | 16.22management, financial planning, retirement planning, trust management, and investment |
---|
508 | 508 | | 16.23management, but excluding origination fees, overdraft fees, late fees, and the management |
---|
509 | 509 | | 16.24of defined benefit pension funds; and |
---|
510 | 510 | | 16.25 (3) legal services, including but not limited to attorney fees, paralegal and legal assistant |
---|
511 | 511 | | 16.26services, law clerk services, notary fees, process serving, mediation and arbitration, and |
---|
512 | 512 | | 16.27title search, but excluding legal aid services funded as described in section 480.242. |
---|
513 | 513 | | 16.28 (p) A seller of the services listed in paragraph (o) must retain records identifying through |
---|
514 | 514 | | 16.29reasonable and verifiable standards whether the services were purchased by a trade or |
---|
515 | 515 | | 16.30business or a person other than a trade or business. |
---|
516 | 516 | | 16.31 EFFECTIVE DATE.This section is effective for sales and purchases made after |
---|
517 | 517 | | 16.32September 30, 2025. |
---|
518 | 518 | | 16Article 3 Section 1. |
---|
519 | 519 | | REVISOR EAP/HL 25-0010702/27/25 17.1 Sec. 2. Minnesota Statutes 2024, section 297A.62, subdivision 1, is amended to read: |
---|
520 | 520 | | 17.2 Subdivision 1.Generally.Except as otherwise provided in subdivision 3 or in this |
---|
521 | 521 | | 17.3chapter, a sales tax of 6.5 6.425 percent is imposed on the gross receipts from retail sales |
---|
522 | 522 | | 17.4as defined in section 297A.61, subdivision 4, made in this state or to a destination in this |
---|
523 | 523 | | 17.5state by a person who is required to have or voluntarily obtains a permit under section |
---|
524 | 524 | | 17.6297A.83, subdivision 1. |
---|
525 | 525 | | 17.7 EFFECTIVE DATE.This section is effective for sales and purchases made after |
---|
526 | 526 | | 17.8September 30, 2025. |
---|
527 | 527 | | 17.9 Sec. 3. Minnesota Statutes 2024, section 297A.65, is amended to read: |
---|
528 | 528 | | 17.10 297A.65 LOTTERY TICKETS; IN LIEU TAX. |
---|
529 | 529 | | 17.11 Sales of State Lottery tickets are exempt from the tax imposed under section 297A.62. |
---|
530 | 530 | | 17.12The State Lottery must on or before the 20th day of each month transmit to the commissioner |
---|
531 | 531 | | 17.13of revenue an amount equal to the gross receipts from the sale of lottery tickets for the |
---|
532 | 532 | | 17.14previous month multiplied by the tax rate under section 297A.62, subdivision 1 6.5 percent. |
---|
533 | 533 | | 17.15The resulting payment is in lieu of the sales tax that otherwise would be imposed by this |
---|
534 | 534 | | 17.16chapter. The commissioner shall deposit the money transmitted as provided by section |
---|
535 | 535 | | 17.17297A.94 and the money must be treated as other proceeds of the sales tax. For purposes of |
---|
536 | 536 | | 17.18this section, "gross receipts" means the proceeds of the sale of tickets before deduction of |
---|
537 | 537 | | 17.19a commission or other compensation paid to the vendor or retailer for selling tickets. |
---|
538 | 538 | | 17.20 EFFECTIVE DATE.This section is effective for sales and purchases made after |
---|
539 | 539 | | 17.21September 30, 2025. |
---|
540 | 540 | | 17.22Sec. 4. Minnesota Statutes 2024, section 297F.25, subdivision 1, is amended to read: |
---|
541 | 541 | | 17.23 Subdivision 1.Imposition.(a) A tax is imposed on distributors on the sale of cigarettes |
---|
542 | 542 | | 17.24by a cigarette distributor to a retailer or cigarette subjobber for resale in this state. The tax |
---|
543 | 543 | | 17.25is equal to the combined tax rate under section 297A.62 6.875 percent, multiplied by the |
---|
544 | 544 | | 17.26weighted average retail price and must be expressed in cents per pack rounded to the nearest |
---|
545 | 545 | | 17.27one-tenth of a cent. The weighted average retail price must be determined annually, with |
---|
546 | 546 | | 17.28new rates published by November 1, and effective for sales on or after January 1 of the |
---|
547 | 547 | | 17.29following year. The weighted average retail price must be established by surveying cigarette |
---|
548 | 548 | | 17.30retailers statewide in a manner and time determined by the commissioner. The commissioner |
---|
549 | 549 | | 17.31shall make an inflation adjustment in accordance with the Consumer Price Index for all |
---|
550 | 550 | | 17.32urban consumers inflation indicator as published in the most recent state budget forecast. |
---|
551 | 551 | | 17Article 3 Sec. 4. |
---|
552 | 552 | | REVISOR EAP/HL 25-0010702/27/25 18.1The commissioner shall use the inflation factor for the calendar year in which the new tax |
---|
553 | 553 | | 18.2rate takes effect. If the survey indicates that the average retail price of cigarettes has not |
---|
554 | 554 | | 18.3increased relative to the average retail price in the previous year's survey, then the |
---|
555 | 555 | | 18.4commissioner shall not make an inflation adjustment. The determination of the commissioner |
---|
556 | 556 | | 18.5pursuant to this subdivision is not a "rule" and is not subject to the Administrative Procedure |
---|
557 | 557 | | 18.6Act contained in chapter 14. For packs of cigarettes with other than 20 cigarettes, the tax |
---|
558 | 558 | | 18.7must be adjusted proportionally. |
---|
559 | 559 | | 18.8 (b) Notwithstanding paragraph (a), and in lieu of a survey of cigarette retailers, the tax |
---|
560 | 560 | | 18.9calculation of the weighted average retail price for the sales of cigarettes from August 1, |
---|
561 | 561 | | 18.102011, through December 31, 2011, shall be calculated by: (1) increasing the average retail |
---|
562 | 562 | | 18.11price per pack of 20 cigarettes from the most recent survey by the percentage change in a |
---|
563 | 563 | | 18.12weighted average of the presumed legal prices for cigarettes during the year after completion |
---|
564 | 564 | | 18.13of that survey, as reported and published by the Department of Commerce under section |
---|
565 | 565 | | 18.14325D.371; (2) subtracting the sales tax included in the retail price; and (3) adjusting for |
---|
566 | 566 | | 18.15expected inflation. The rate must be published by May 1 and is effective for sales after July |
---|
567 | 567 | | 18.1631. If the weighted average of the presumed legal prices indicates that the average retail |
---|
568 | 568 | | 18.17price of cigarettes has not increased relative to the average retail price in the most recent |
---|
569 | 569 | | 18.18survey, then no inflation adjustment must be made. For packs of cigarettes with other than |
---|
570 | 570 | | 18.1920 cigarettes, the tax must be adjusted proportionally. |
---|
571 | 571 | | 18.20 EFFECTIVE DATE.This section is effective for sales and purchases made after |
---|
572 | 572 | | 18.21September 30, 2025. |
---|
573 | 573 | | 18.22 ARTICLE 4 |
---|
574 | 574 | | 18.23 MISCELLANEOUS |
---|
575 | 575 | | 18.24Section 1. Minnesota Statutes 2024, section 289A.60, subdivision 12, is amended to read: |
---|
576 | 576 | | 18.25 Subd. 12.Penalties relating to property tax refunds and certificates of rent paid.(a) |
---|
577 | 577 | | 18.26If it is determined that a property tax refund claim is excessive and was negligently prepared, |
---|
578 | 578 | | 18.27a claimant is liable for a penalty of ten percent of the disallowed claim. If the claim has |
---|
579 | 579 | | 18.28been paid, the amount disallowed must be recovered by assessment and collection. |
---|
580 | 580 | | 18.29 (b) An owner who without reasonable cause fails to give a certificate of rent paid to a |
---|
581 | 581 | | 18.30renter, as required by sections 290.0693, subdivision 4, paragraph (a), and 290A.19, |
---|
582 | 582 | | 18.31paragraph (a), is liable to the commissioner for a penalty of $100 $50 for each failure. The |
---|
583 | 583 | | 18.32commissioner may abate the penalty using the abatement authority in section 270C.34. |
---|
584 | 584 | | 18Article 4 Section 1. |
---|
585 | 585 | | REVISOR EAP/HL 25-0010702/27/25 19.1 (c) An owner who fails to file a certificate of rent paid with the commissioner, as required |
---|
586 | 586 | | 19.2by sections 290.0693, subdivision 4, paragraph (b), and 290A.19, paragraph (b), is liable |
---|
587 | 587 | | 19.3to the commissioner for a penalty of $50 for each failure. The commissioner may abate the |
---|
588 | 588 | | 19.4penalty using the abatement authority in section 270C.34. |
---|
589 | 589 | | 19.5 (c) (d) If the owner or managing agent knowingly gives rent certificates that report total |
---|
590 | 590 | | 19.6rent constituting property taxes in excess of the amount of actual rent constituting property |
---|
591 | 591 | | 19.7taxes paid on the rented part of a property, the owner or managing agent is liable for a |
---|
592 | 592 | | 19.8penalty equal to the greater of (1) $100 or (2) 50 percent of the excess that is reported. An |
---|
593 | 593 | | 19.9overstatement of rent constituting property taxes is presumed to be knowingly made if it |
---|
594 | 594 | | 19.10exceeds by ten percent or more the actual rent constituting property taxes. |
---|
595 | 595 | | 19.11 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025. |
---|
596 | 596 | | 19.12Sec. 2. Minnesota Statutes 2024, section 290.0693, subdivision 4, is amended to read: |
---|
597 | 597 | | 19.13 Subd. 4.Owner or managing agent to furnish rent certificate.(a) The owner or |
---|
598 | 598 | | 19.14managing agent of any property for which rent is paid for occupancy as a homestead must |
---|
599 | 599 | | 19.15furnish a certificate of rent paid to a person who is a renter on December 31, in the form |
---|
600 | 600 | | 19.16prescribed by the commissioner. If the renter moves before December 31, the owner or |
---|
601 | 601 | | 19.17managing agent may give the certificate to the renter at the time of moving, or mail the |
---|
602 | 602 | | 19.18certificate to the forwarding address if an address has been provided by the renter. The |
---|
603 | 603 | | 19.19certificate must be made available to the renter before February 1 of the year following the |
---|
604 | 604 | | 19.20year in which the rent was paid. The owner or managing agent must retain a duplicate of |
---|
605 | 605 | | 19.21each certificate or an equivalent record showing the same information for a period of four |
---|
606 | 606 | | 19.22years. The duplicate or other record must be made available to the commissioner upon |
---|
607 | 607 | | 19.23request. |
---|
608 | 608 | | 19.24 (b) The commissioner may require the owner or managing agent, through a simple |
---|
609 | 609 | | 19.25process, to must furnish to the commissioner on or before January 31 a copy of each |
---|
610 | 610 | | 19.26certificate of rent paid furnished to a renter for rent paid in the prior year. The commissioner |
---|
611 | 611 | | 19.27shall prescribe the content, format, and manner of the form pursuant to section 270C.30. |
---|
612 | 612 | | 19.28The commissioner may require the Social Security number, individual taxpayer identification |
---|
613 | 613 | | 19.29number, federal employer identification number, or Minnesota taxpayer identification |
---|
614 | 614 | | 19.30number of the owner or managing agent who is required to furnish a certificate of rent paid |
---|
615 | 615 | | 19.31under this paragraph. Before implementation, the commissioner, after consulting with |
---|
616 | 616 | | 19.32representatives of owners or managing agents, shall develop an implementation and |
---|
617 | 617 | | 19.33administration plan for the requirements of this paragraph that attempts to minimize financial |
---|
618 | 618 | | 19Article 4 Sec. 2. |
---|
619 | 619 | | REVISOR EAP/HL 25-0010702/27/25 20.1burdens, administration and compliance costs, and takes into consideration existing systems |
---|
620 | 620 | | 20.2of owners and managing agents. |
---|
621 | 621 | | 20.3 (c) An owner who fails to furnish the certificate of rent paid to the renter or to the |
---|
622 | 622 | | 20.4commissioner, as required under this section, is subject to the penalty imposed under section |
---|
623 | 623 | | 20.5289A.60, subdivision 12. |
---|
624 | 624 | | 20.6 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025. |
---|
625 | 625 | | 20.7 Sec. 3. Minnesota Statutes 2024, section 290A.19, is amended to read: |
---|
626 | 626 | | 20.8 290A.19 PARK OWNER TO FURNISH RENT CERTIFICATE. |
---|
627 | 627 | | 20.9 (a) The park owner of a property for which rent is paid for occupancy as a homestead |
---|
628 | 628 | | 20.10must furnish a certificate of rent paid to a person who is a renter on December 31, in the |
---|
629 | 629 | | 20.11form prescribed by the commissioner. If the renter moves before December 31, the park |
---|
630 | 630 | | 20.12owner may give the certificate to the renter at the time of moving, or mail the certificate to |
---|
631 | 631 | | 20.13the forwarding address if an address has been provided by the renter. The certificate must |
---|
632 | 632 | | 20.14be made available to the renter before February 1 of the year following the year in which |
---|
633 | 633 | | 20.15the rent was paid. The park owner must retain a duplicate of each certificate or an equivalent |
---|
634 | 634 | | 20.16record showing the same information for a period of three years. The duplicate or other |
---|
635 | 635 | | 20.17record must be made available to the commissioner upon request. |
---|
636 | 636 | | 20.18 (b) The commissioner may require the park owner, through a simple process, to must |
---|
637 | 637 | | 20.19furnish to the commissioner on or before March 1 a copy of each certificate of rent paid |
---|
638 | 638 | | 20.20furnished to a renter for rent paid in the prior year. The commissioner shall prescribe the |
---|
639 | 639 | | 20.21content, format, and manner of the form pursuant to section 270C.30. The commissioner |
---|
640 | 640 | | 20.22may require the Social Security number, individual taxpayer identification number, federal |
---|
641 | 641 | | 20.23employer identification number, or Minnesota taxpayer identification number of the park |
---|
642 | 642 | | 20.24owner who is required to furnish a certificate of rent paid under this paragraph. Prior to |
---|
643 | 643 | | 20.25implementation, the commissioner, after consulting with representatives of park owners, |
---|
644 | 644 | | 20.26shall develop an implementation and administration plan for the requirements of this |
---|
645 | 645 | | 20.27paragraph that attempts to minimize financial burdens, administration and compliance costs, |
---|
646 | 646 | | 20.28and takes into consideration existing systems of park owners. |
---|
647 | 647 | | 20.29 (c) For the purposes of this section, "park owner" means a park owner as defined under |
---|
648 | 648 | | 20.30section 327C.015, subdivision 9, and "property" includes a lot as defined under section |
---|
649 | 649 | | 20.31327C.015, subdivision 6. |
---|
650 | 650 | | 20Article 4 Sec. 3. |
---|
651 | 651 | | REVISOR EAP/HL 25-0010702/27/25 21.1 (d) An owner who fails to furnish the certificate of rent paid to the renter or to the |
---|
652 | 652 | | 21.2commissioner, as required under this section, is subject to the penalty imposed under section |
---|
653 | 653 | | 21.3289A.60, subdivision 12. |
---|
654 | 654 | | 21.4 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025. |
---|
655 | 655 | | 21.5 Sec. 4. Minnesota Statutes 2024, section 290C.07, is amended to read: |
---|
656 | 656 | | 21.6 290C.07 CALCULATION OF INCENTIVE PAYMENT. |
---|
657 | 657 | | 21.7 (a) An approved claimant under the sustainable forest incentive program is eligible to |
---|
658 | 658 | | 21.8receive an annual payment for each acre of enrolled land, excluding any acre improved with |
---|
659 | 659 | | 21.9a paved trail under easement, lease, or terminable license to the state of Minnesota or a |
---|
660 | 660 | | 21.10political subdivision. The payment shall equal a percentage of the property tax that would |
---|
661 | 661 | | 21.11be paid on the land determined by using the previous year's statewide average total tax rate |
---|
662 | 662 | | 21.12for all taxes levied within townships and unorganized territories, the estimated market value |
---|
663 | 663 | | 21.13per acre as calculated in section 290C.06, and a class rate of one percent as follows: (1) for |
---|
664 | 664 | | 21.14claimants enrolling land that is subject to a conservation easement funded under section |
---|
665 | 665 | | 21.1597A.056 or a comparable permanent easement conveyed to a governmental or nonprofit |
---|
666 | 666 | | 21.16entity before May 31, 2013, 25 17.5 percent; (2) for claimants enrolling land that is not |
---|
667 | 667 | | 21.17subject to a conservation easement under an eight-year covenant, 65 45.5 percent; (3) for |
---|
668 | 668 | | 21.18claimants enrolling land that is not subject to a conservation easement under a 20-year |
---|
669 | 669 | | 21.19covenant, 90 63 percent; and (4) for claimants enrolling land that is not subject to a |
---|
670 | 670 | | 21.20conservation easement under a 50-year covenant, 115 80.5 percent. |
---|
671 | 671 | | 21.21 (b) The calculated payment must not increase or decrease by more than ten percent |
---|
672 | 672 | | 21.22relative to the payment received for the previous year. In no case may the payment be less |
---|
673 | 673 | | 21.23than 70 percent of the amount paid to the claimant for the land enrolled in the program in |
---|
674 | 674 | | 21.242017. If an eligible claimant elects to change the length of the covenant on enrolled land |
---|
675 | 675 | | 21.25on or before May 15, 2019, the limits under this paragraph do not apply and the claimant |
---|
676 | 676 | | 21.26must receive payment in the amount corresponding to the new covenant length as calculated |
---|
677 | 677 | | 21.27under paragraph (a). |
---|
678 | 678 | | 21.28 (c) In addition to the payments provided under this section, a claimant enrolling more |
---|
679 | 679 | | 21.29than 1,920 acres shall be allowed an additional payment per acre equal to the amount |
---|
680 | 680 | | 21.30prescribed in paragraph (a), clause (1), for all acres of enrolled land on which public access |
---|
681 | 681 | | 21.31is allowed, as required under section 290C.03, paragraph (a), clause (6), excluding any land |
---|
682 | 682 | | 21.32subject to a conservation easement funded under section 97A.056, or a permanent easement |
---|
683 | 683 | | 21.33conveyed to a governmental or nonprofit entity that is required to allow for public access |
---|
684 | 684 | | 21.34under section 290C.03, paragraph (a), clause (6). |
---|
685 | 685 | | 21Article 4 Sec. 4. |
---|
686 | 686 | | REVISOR EAP/HL 25-0010702/27/25 22.1 EFFECTIVE DATE.This section is effective beginning for payments in calendar year |
---|
687 | 687 | | 22.22026. |
---|
688 | 688 | | 22.3 Sec. 5. Minnesota Statutes 2024, section 295.81, subdivision 10, is amended to read: |
---|
689 | 689 | | 22.4 Subd. 10.Deposit of revenues; account established.(a) The commissioner must deposit |
---|
690 | 690 | | 22.5the revenues, including penalties and interest, derived from the tax imposed by this section |
---|
691 | 691 | | 22.6as follows: |
---|
692 | 692 | | 22.7 (1) 80 percent to in the general fund; and. |
---|
693 | 693 | | 22.8 (2) 20 percent to the local government cannabis aid account in the special revenue fund. |
---|
694 | 694 | | 22.9 (b) The local government cannabis aid account is established in the special revenue fund. |
---|
695 | 695 | | 22.10 EFFECTIVE DATE.The amendment to paragraph (a) is effective July 1, 2025. The |
---|
696 | 696 | | 22.11amendment to paragraph (b) is effective January 2, 2026. |
---|
697 | 697 | | 22.12Sec. 6. CANCELLATION OF AMOUNTS IN LOCAL GOVERNMENT CANNABIS |
---|
698 | 698 | | 22.13AID ACCOUNT. |
---|
699 | 699 | | 22.14 On January 2, 2026, any balance within the local government cannabis aid account in |
---|
700 | 700 | | 22.15the special revenue fund is canceled to the general fund. |
---|
701 | 701 | | 22.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
702 | 702 | | 22.17Sec. 7. SPECIAL WITHDRAWAL AND RELEASE PROCEDURES FOR THE |
---|
703 | 703 | | 22.18SUSTAINABLE FOREST INCENTIVE ACT. |
---|
704 | 704 | | 22.19 For lands enrolled in the Sustainable Forest Incentive Act on or before the day following |
---|
705 | 705 | | 22.20final enactment of section 4, the claimant may elect by July 1, 2026, and without penalty, |
---|
706 | 706 | | 22.21to withdraw land subject to the covenant without regard to the limitations under Minnesota |
---|
707 | 707 | | 22.22Statutes, section 290C.055. The claimant of the enrolled land making an election to withdraw |
---|
708 | 708 | | 22.23land must provide written notice to the commissioner of revenue of its intent to withdraw |
---|
709 | 709 | | 22.24land from the program. The commissioner must issue a document releasing the land from |
---|
710 | 710 | | 22.25the covenant to each claimant electing to withdraw land from the program, effective |
---|
711 | 711 | | 22.26retroactive to the date of the election. |
---|
712 | 712 | | 22.27 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
713 | 713 | | 22Article 4 Sec. 7. |
---|
714 | 714 | | REVISOR EAP/HL 25-0010702/27/25 23.1 Sec. 8. CANCELLATION. |
---|
715 | 715 | | 23.2 Any money in the tax filing modernization account repealed in section 9 is canceled to |
---|
716 | 716 | | 23.3the general fund. |
---|
717 | 717 | | 23.4 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
718 | 718 | | 23.5 Sec. 9. REPEALER. |
---|
719 | 719 | | 23.6 (a) Minnesota Statutes 2024, section 477A.32, is repealed. |
---|
720 | 720 | | 23.7 (b) Laws 2023, chapter 64, article 15, section 24, is repealed. |
---|
721 | 721 | | 23.8 EFFECTIVE DATE.Paragraph (a) is effective for aids payable in 2026 and thereafter. |
---|
722 | 722 | | 23.9Paragraph (b) is effective the day following final enactment. |
---|
723 | 723 | | 23Article 4 Sec. 9. |
---|
724 | 724 | | REVISOR EAP/HL 25-0010702/27/25 Page.Ln 1.25INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES..ARTICLE 1 |
---|
725 | 725 | | Page.Ln 10.4PROPERTY TAXES..............................................................................ARTICLE 2 |
---|
726 | 726 | | Page.Ln 12.12SALES AND USE TAXES....................................................................ARTICLE 3 |
---|
727 | 727 | | Page.Ln 18.22MISCELLANEOUS...............................................................................ARTICLE 4 |
---|
728 | 728 | | 1 |
---|
729 | 729 | | APPENDIX |
---|
730 | 730 | | Article locations for 25-00107 13.4967 OTHER TAX DATA CODED ELSEWHERE. |
---|
731 | 731 | | Subd. 2a.Assignment of refund.Data regarding assignment of individual income tax refunds |
---|
732 | 732 | | is classified by section 290.0679, subdivision 9. |
---|
733 | 733 | | 270.075 TAX LEVY. |
---|
734 | 734 | | Subdivision 1.Rate of tax.The commissioner shall determine the rate of tax to be levied and |
---|
735 | 735 | | collected against the net tax capacity as determined pursuant to section 270.074, subdivision 3, to |
---|
736 | 736 | | generate revenues sufficient to fund the air flight property tax portion of each year's state airport |
---|
737 | 737 | | fund appropriation, as certified to the commissioner by the commissioner of transportation. The |
---|
738 | 738 | | certification shall be presented to the commissioner prior to December 31 of each year. The property |
---|
739 | 739 | | tax portion of the state airport fund appropriation is the difference between the total fund |
---|
740 | 740 | | appropriation and the estimated total fund revenues from other sources for the state fiscal year in |
---|
741 | 741 | | which the tax is payable and may include a portion of the balance in the state airports fund as |
---|
742 | 742 | | determined to be available by the commissioner of transportation. The certification by the |
---|
743 | 743 | | commissioner of transportation to the commissioner shall state the total fund appropriation and |
---|
744 | 744 | | shall list individually the estimated fund revenues including the account carryover balance in the |
---|
745 | 745 | | airport fund. The difference of these amounts shall be shown as the property tax portion of the state |
---|
746 | 746 | | airport fund appropriation. |
---|
747 | 747 | | If a levy amount has not been certified by December 31 of a levy year, the commissioner shall |
---|
748 | 748 | | use the last previous certified amount to determine the rate of tax, and shall notify the chairs and |
---|
749 | 749 | | the ranking minority members of the committees of the house of representatives and senate having |
---|
750 | 750 | | jurisdiction over the Department of Transportation that a certification was not made under this |
---|
751 | 751 | | subdivision. |
---|
752 | 752 | | 290.0679 ASSIGNMENT OF REFUND. |
---|
753 | 753 | | Subdivision 1.Definitions.(a) "Qualifying taxpayer" means a resident who has a child in |
---|
754 | 754 | | kindergarten through grade 12 in the current tax year and who met the income requirements under |
---|
755 | 755 | | section 290.0674, subdivision 2, for receiving the education credit in the tax year preceding the |
---|
756 | 756 | | assignment of the taxpayer's refund. |
---|
757 | 757 | | (b) "Education credit" means the credit allowed under section 290.0674. |
---|
758 | 758 | | (c) "Refund" means an individual income tax refund. |
---|
759 | 759 | | (d) "Financial institution" means a state or federally chartered bank, savings bank, savings |
---|
760 | 760 | | association, or credit union. |
---|
761 | 761 | | (e) "Qualifying organization" means a tax-exempt organization under section 501(c)(3) of the |
---|
762 | 762 | | Internal Revenue Code. |
---|
763 | 763 | | (f) "Assignee" means a financial institution or qualifying organization that is entitled to receive |
---|
764 | 764 | | payment of a refund assigned under this section. |
---|
765 | 765 | | Subd. 2.Conditions for assignment.A qualifying taxpayer may assign all or part of an |
---|
766 | 766 | | anticipated refund for the current and future taxable years to a financial institution or a qualifying |
---|
767 | 767 | | organization. A financial institution or qualifying organization accepting assignment must pay the |
---|
768 | 768 | | amount secured by the assignment to a third-party vendor. The commissioner of education shall, |
---|
769 | 769 | | upon request from a third-party vendor, certify that the vendor's products and services qualify for |
---|
770 | 770 | | the education credit. A denial of a certification may be appealed to the commissioner pursuant to |
---|
771 | 771 | | this subdivision and notwithstanding chapter 14. A financial institution or qualifying organization |
---|
772 | 772 | | that accepts assignments under this section must verify as part of the assignment documentation |
---|
773 | 773 | | that the product or service to be provided by the third-party vendor has been certified by the |
---|
774 | 774 | | commissioner of education as qualifying for the education credit. The amount assigned for the |
---|
775 | 775 | | current and future taxable years may not exceed the maximum allowable education credit for the |
---|
776 | 776 | | current taxable year. Both the taxpayer and spouse must consent to the assignment of a refund from |
---|
777 | 777 | | a joint return. |
---|
778 | 778 | | Subd. 3.Consent for disclosure.When the taxpayer applies to the financial institution or the |
---|
779 | 779 | | qualifying organization for a loan to be secured by the assignment under subdivision 2, the taxpayer |
---|
780 | 780 | | must sign a written consent on a form prescribed by the commissioner. The consent must authorize |
---|
781 | 781 | | the commissioner to disclose to the financial institution or qualifying organization the total amount |
---|
782 | 782 | | of state taxes owed or revenue recapture claims filed under chapter 270A against the taxpayer, and |
---|
783 | 783 | | the total amount of outstanding assignments made by the taxpayer under this section. For a refund |
---|
784 | 784 | | from a joint return, the consent must also authorize the disclosure of taxes, revenue recapture claims, |
---|
785 | 785 | | and assignments relating to the taxpayer's spouse, and must be signed by the spouse. The financial |
---|
786 | 786 | | 1R |
---|
787 | 787 | | APPENDIX |
---|
788 | 788 | | Repealed Minnesota Statutes: 25-00107 institution or qualifying organization may request that the taxpayer provide a copy of the taxpayer's |
---|
789 | 789 | | previous year's income tax return, if any, and may assist the taxpayer in requesting a copy of the |
---|
790 | 790 | | previous year's return from the commissioner. |
---|
791 | 791 | | Subd. 4.Consumer disclosure.(a) A third-party vendor that receives payment of the amount |
---|
792 | 792 | | secured by an assignment must comply with the requirements of this subdivision. |
---|
793 | 793 | | (b) The third-party vendor must disclose to the taxpayer, in plain language: |
---|
794 | 794 | | (1) the cost of each product or service for which the third-party vendor separately charges the |
---|
795 | 795 | | taxpayer; |
---|
796 | 796 | | (2) any fees charged to the taxpayer for tax preparation services; and |
---|
797 | 797 | | (3) for qualifying low-income taxpayers, information on the availability of free tax preparation |
---|
798 | 798 | | services. |
---|
799 | 799 | | (c) The third-party vendor must provide to the taxpayer executed copies of any documents |
---|
800 | 800 | | signed by the taxpayer. |
---|
801 | 801 | | Subd. 5.Filing of assignment.The commissioner shall prescribe the form of and manner for |
---|
802 | 802 | | filing an assignment of a refund under this section. |
---|
803 | 803 | | Subd. 6.Effect of assignment.The taxpayer may not revoke an assignment after it has been |
---|
804 | 804 | | filed. The assignee must notify the commissioner if the loan secured by the assignment has been |
---|
805 | 805 | | paid in full, in which case the assignment is canceled. An assignment is in effect until the amount |
---|
806 | 806 | | assigned is refunded in full to the assignee, or until the assignee cancels the assignment. |
---|
807 | 807 | | Subd. 7.Payment of refund.When a refund assigned under this section is issued by the |
---|
808 | 808 | | commissioner, the proceeds of the refund, as defined in subdivision 1, paragraph (c), must be |
---|
809 | 809 | | distributed in the following order: |
---|
810 | 810 | | (1) to satisfy any delinquent tax obligations of the taxpayer which are owed to the commissioner; |
---|
811 | 811 | | (2) to claimant agencies to satisfy any revenue recapture claims filed against the taxpayer, in |
---|
812 | 812 | | the order of priority of the claims set forth in section 270A.10; |
---|
813 | 813 | | (3) to assignees to satisfy assignments under this section, based on the order in time in which |
---|
814 | 814 | | the commissioner received the assignments; and |
---|
815 | 815 | | (4) to the taxpayer. |
---|
816 | 816 | | Subd. 8.Legal action.If there is a dispute between the taxpayer and the assignee after the |
---|
817 | 817 | | commissioner has remitted the taxpayer's refund to the assignee, the taxpayer's only remedy is to |
---|
818 | 818 | | bring an action against the assignee in court to recover the refund. The action must be brought |
---|
819 | 819 | | within two years after the commissioner remits the refund to the assignee. The commissioner may |
---|
820 | 820 | | not be a party to the proceeding. |
---|
821 | 821 | | Subd. 9.Assignments private data.Information regarding assignments under this section is |
---|
822 | 822 | | classified as private data on individuals. |
---|
823 | 823 | | 477A.32 LOCAL GOVERNMENT CANNABIS AID. |
---|
824 | 824 | | Subdivision 1.Definitions.For purposes of this section, the following terms have the meanings |
---|
825 | 825 | | given: |
---|
826 | 826 | | (1) "city" means a statutory or home rule charter city; and |
---|
827 | 827 | | (2) "director" means the director of the Office of Cannabis Management under section 342.02. |
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828 | 828 | | Subd. 2.Certification to commissioner of revenue.(a) By July 15, 2024, and annually |
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829 | 829 | | thereafter, the commissioner of management and budget must certify to the commissioner of revenue |
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830 | 830 | | the balance of the local government cannabis aid account in the special revenue fund as of the |
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831 | 831 | | immediately preceding June 30. |
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832 | 832 | | (b) By June 1, 2024, and annually thereafter, the director must certify to the commissioner of |
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833 | 833 | | revenue the number of cannabis businesses, as defined under section 342.01, subdivision 14, licensed |
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834 | 834 | | under chapter 342 as of the previous January 1, disaggregated by county and city. |
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835 | 835 | | Subd. 3.Aid to counties.(a) Beginning for aid payable in 2024, the amount available for aid |
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836 | 836 | | to counties under this subdivision equals 50 percent of the amount certified in that year to the |
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837 | 837 | | commissioner under subdivision 2, paragraph (a). |
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838 | 838 | | 2R |
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839 | 839 | | APPENDIX |
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840 | 840 | | Repealed Minnesota Statutes: 25-00107 (b) Twenty percent of the amount under paragraph (a) must be distributed equally among all |
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841 | 841 | | counties. |
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842 | 842 | | (c) Eighty percent of the amount under paragraph (a) must be distributed proportionally to each |
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843 | 843 | | county according to the number of cannabis businesses located in the county as compared to the |
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844 | 844 | | number of cannabis businesses in all counties as of the most recent certification under subdivision |
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845 | 845 | | 2, paragraph (b). |
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846 | 846 | | Subd. 4.Aid to cities.(a) Beginning for aid payable in 2024, the amount available for aid to |
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847 | 847 | | cities under this subdivision equals 50 percent of the amount certified in that year to the commissioner |
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848 | 848 | | under subdivision 2, paragraph (a). |
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849 | 849 | | (b) The amount under paragraph (a) must be distributed proportionally to each city according |
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850 | 850 | | to the number of cannabis businesses located in the city as compared to the number of cannabis |
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851 | 851 | | businesses in all cities as of the most recent certification under subdivision 2, paragraph (b). |
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852 | 852 | | Subd. 5.Payment.The commissioner of revenue must compute the amount of aid payable to |
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853 | 853 | | each county and city under this section. On or before September 1 of each year, the commissioner |
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854 | 854 | | must certify the amount to be paid to each county and city in that year. The commissioner must pay |
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855 | 855 | | the full amount of the aid on December 26 annually. |
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856 | 856 | | Subd. 6.Appropriation.Beginning in fiscal year 2025 and annually thereafter, the amount in |
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857 | 857 | | the local government cannabis aid account in the special revenue fund is annually appropriated to |
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858 | 858 | | the commissioner of revenue to make the aid payments required under this section. |
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859 | 859 | | 3R |
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860 | 860 | | APPENDIX |
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861 | 861 | | Repealed Minnesota Statutes: 25-00107 Laws 2023, chapter 64, article 15, section 24 |
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862 | 862 | | Sec. 24. TAX FILING MODERNIZATION. |
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863 | 863 | | Subdivision 1.Account established; appropriation.A tax filing modernization account is |
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864 | 864 | | established in the special revenue fund. All funds in the tax filing modernization account are |
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865 | 865 | | appropriated to the commissioner of revenue for the purposes specified in subdivision 3. |
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866 | 866 | | Subd. 2.Transfer.$5,000,000 in fiscal year 2024 is transferred to the tax filing modernization |
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867 | 867 | | account from the general fund. This is a onetime transfer. |
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868 | 868 | | Subd. 3.Eligible uses.(a) The commissioner of revenue may use funds in the tax filing |
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869 | 869 | | modernization account to modernize the state process for filing individual income tax returns, |
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870 | 870 | | including: |
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871 | 871 | | (1) updating and reviewing changes to individual income tax forms resulting from this act; |
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872 | 872 | | (2) coordinating the process for filing state individual income tax returns with free filing options |
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873 | 873 | | for the federal income tax; and |
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874 | 874 | | (3) development and implementation of state free filing options for the individual income tax. |
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875 | 875 | | (b) Beginning July 1, 2026, the commissioner of revenue may use any unspent funds in the tax |
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876 | 876 | | filing modernization account to make taxpayer assistance grants to eligible organizations qualifying |
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877 | 877 | | under section 7526A(e)(2)(B) of the Internal Revenue Code. |
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878 | 878 | | Subd. 4.Unspent funds.Any unspent funds in the tax filing modernization account cancel to |
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879 | 879 | | the general fund on June 30, 2027. |
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880 | 880 | | 4R |
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881 | 881 | | APPENDIX |
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882 | 882 | | Repealed Minnesota Session Laws: 25-00107 |
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