Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2437 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to taxation; modifying individual income taxes, corporate franchise taxes,​
33 1.3 property taxes, local government aids, sales and use taxes, and other taxes and​
44 1.4 tax-related provisions; repealing the assignability of the education credit; making​
55 1.5 the research credit partially refundable; modifying transfer provisions for the short​
66 1.6 line railroad credit; modifying the airline flight property tax; modifying provisions​
77 1.7 related to attachments and appurtenances for property taxes; modifying provisions​
88 1.8 for leased tax-exempt property; reducing the appropriation for aquatic invasive​
99 1.9 species prevention aid; lowering the sales and use tax rate and expanding the tax​
1010 1.10 base to include sales of certain professional services; modifying provisions for​
1111 1.11 certificates of rent paid; modifying calculations for payments and other provisions​
1212 1.12 under the Sustainable Forest Incentive Act; repealing local government cannabis​
1313 1.13 aid and partial cannabis tax revenue dedication; repealing provisions related to tax​
1414 1.14 filing modernization; canceling amounts; making related clarifying changes;​
1515 1.15 requiring a report; appropriating money; amending Minnesota Statutes 2024,​
1616 1.16 sections 41A.30, subdivisions 1, 2, 5, 7; 270.075, by adding a subdivision;​
1717 1.17 270C.445, subdivision 3; 272.02, subdivision 19; 273.19, subdivision 1; 273.38;​
1818 1.18 273.41; 289A.60, subdivision 12; 290.068, subdivision 3, by adding subdivisions;​
1919 1.19 290.0693, subdivision 4; 290.0695, subdivisions 1, 3; 290A.19; 290C.07; 295.81,​
2020 1.20 subdivision 10; 297A.61, subdivision 3; 297A.62, subdivision 1; 297A.65; 297F.25,​
2121 1.21 subdivision 1; 477A.19, subdivision 5; repealing Minnesota Statutes 2024, sections​
2222 1.22 13.4967, subdivision 2a; 270.075, subdivision 1; 290.0679; 477A.32; Laws 2023,​
2323 1.23 chapter 64, article 15, section 24.​
2424 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
2525 1.25 ARTICLE 1​
2626 1.26 INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES​
2727 1.27 Section 1. Minnesota Statutes 2024, section 41A.30, subdivision 1, is amended to read:​
2828 1.28 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
2929 1.29the meanings given.​
3030 1.30 (b) "Aircraft" has the meaning given in section 296A.01, subdivision 3.​
3131 1​Article 1 Section 1.​
3232 REVISOR EAP/HL 25-00107​02/27/25 ​
3333 State of Minnesota​
3434 This Document can be made available​
3535 in alternative formats upon request​
3636 HOUSE OF REPRESENTATIVES​
3737 H. F. No. 2437​
3838 NINETY-FOURTH SESSION​
3939 Authored by Davids and Gomez​03/17/2025​
4040 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.​
4141 2.2 (d) "Commissioner" means the commissioner of agriculture.​
4242 2.3 (e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8.​
4343 2.4 (f) "Qualifying taxpayer" means a taxpayer, as defined in section 290.01, subdivision​
4444 2.56, that is engaged in the business of:​
4545 2.6 (1) producing sustainable aviation fuel; or​
4646 2.7 (2) blending sustainable aviation fuel with aviation gasoline or jet fuel.​
4747 2.8 (g) "Sustainable aviation fuel" means liquid fuel that:​
4848 2.9 (1) is derived from biomass, as defined in section 41A.15, subdivision 2e, or gaseous​
4949 2.10carbon oxides;​
5050 2.11 (2) is not derived from palm fatty acid distillates; and​
5151 2.12 (3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in​
5252 2.13comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel as​
5353 2.14determined by a test that shows:​
5454 2.15 (i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse​
5555 2.16gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation​
5656 2.17turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's​
5757 2.18Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model​
5858 2.19that accounts for reduced emissions throughout the fuel production process; or​
5959 2.20 (ii) that the fuel production pathway achieves at least a 50 percent reduction of the​
6060 2.21aggregate attributional core life cycle emissions and the positive induced land use change​
6161 2.22values under the life cycle methodology for sustainable aviation fuels adopted by the​
6262 2.23International Civil Aviation Organization with the agreement of the United States.​
6363 2.24 EFFECTIVE DATE.This section is effective retroactively for taxable years beginning​
6464 2.25after December 31, 2023, for sustainable aviation fuel sold after June 30, 2024.​
6565 2.26 Sec. 2. Minnesota Statutes 2024, section 41A.30, subdivision 2, is amended to read:​
6666 2.27 Subd. 2.Tax credit establishment.(a) A qualifying taxpayer may claim a tax credit​
6767 2.28against the tax due under chapter 290 equal to $1.50 for each gallon of sustainable aviation​
6868 2.29fuel that is:​
6969 2.30 (1) produced in Minnesota or blended with aviation or gasoline or jet fuel in Minnesota;​
7070 2.31and​
7171 2​Article 1 Sec. 2.​
7272 REVISOR EAP/HL 25-00107​02/27/25 ​ 3.1 (2) sold in Minnesota to a purchaser who certifies that the sustainable aviation fuel is​
7373 3.2for use as fuel in an aircraft departing from an airport in Minnesota.​
7474 3.3 (b) The credit may be claimed only after approval and certification by the commissioner​
7575 3.4and is limited to the amount stated on the credit certificate issued under subdivision 3. A​
7676 3.5qualifying taxpayer must apply to the commissioner for certification and allocation of a​
7777 3.6credit in a form and manner prescribed by the commissioner.​
7878 3.7 (c) A qualifying taxpayer may claim a credit for blending or producing sustainable​
7979 3.8aviation fuel, but not both. If sustainable aviation fuel is blended with aviation gasoline or​
8080 3.9jet fuel, the credit is allowed only for the portion of sustainable aviation fuel that is included​
8181 3.10in the blended fuel.​
8282 3.11 (d) If the amount of credit that the taxpayer is eligible to receive under this section​
8383 3.12exceeds the liability for tax under chapter 290, the commissioner of revenue must refund​
8484 3.13the excess to the taxpayer.​
8585 3.14 (e) A qualifying taxpayer may claim a supplemental tax credit against the tax due under​
8686 3.15chapter 290 equal to the rate of $0.02 per gallon for each additional whole percentage carbon​
8787 3.16intensity reduction beyond 50 percent, but capped at $0.50 per gallon.​
8888 3.17 EFFECTIVE DATE.This section is effective retroactively for taxable years beginning​
8989 3.18after December 31, 2023, for sustainable aviation fuel sold after June 30, 2024.​
9090 3.19 Sec. 3. Minnesota Statutes 2024, section 41A.30, subdivision 5, is amended to read:​
9191 3.20 Subd. 5.Allocation limits.(a) For tax credits allowed under subdivision 2, the​
9292 3.21commissioner must not issue credit certificates for more than:​
9393 3.22 (1) $7,400,000 for each of fiscal year years 2025 to 2027; and​
9494 3.23 (2) $2,100,000 for each of fiscal years 2026 and 2027 2028 to 2035.​
9595 3.24 (b) If the entire amount authorized under paragraph (a) is not allocated in that fiscal year​
9696 3.252025 or 2026, any remaining amount is carried forward into the next fiscal year and is​
9797 3.26available for allocation through fiscal year 2030 2035 until the entire allocation has been​
9898 3.27made. The commissioner must not issue any credit certificates for fiscal years beginning​
9999 3.28after June 30, 2030 2035, and any unallocated amounts cancel on that date.​
100100 3.29 EFFECTIVE DATE.This section is effective the day following final enactment.​
101101 3​Article 1 Sec. 3.​
102102 REVISOR EAP/HL 25-00107​02/27/25 ​ 4.1 Sec. 4. Minnesota Statutes 2024, section 41A.30, subdivision 7, is amended to read:​
103103 4.2 Subd. 7.Expiration.This section expires for taxable years beginning after December​
104104 4.331, 2030 2035.​
105105 4.4 EFFECTIVE DATE.This section is effective the day following final enactment.​
106106 4.5 Sec. 5. Minnesota Statutes 2024, section 270C.445, subdivision 3, is amended to read:​
107107 4.6 Subd. 3.Standards of conduct.No tax preparer shall:​
108108 4.7 (1) without good cause fail to promptly, diligently, and without unreasonable delay​
109109 4.8complete a client's return;​
110110 4.9 (2) obtain the signature of a client to a return or authorizing document that contains​
111111 4.10blank spaces to be filled in after it has been signed;​
112112 4.11 (3) fail to sign a client's return when compensation for services rendered has been made;​
113113 4.12 (4) fail to provide on a client's return the preparer tax identification number when required​
114114 4.13under section 6109(a)(4) of the Internal Revenue Code or section 289A.60, subdivision 28;​
115115 4.14 (5) fail or refuse to give a client a copy of any document requiring the client's signature​
116116 4.15within a reasonable time after the client signs the document;​
117117 4.16 (6) fail to retain for at least four years a copy of a client's returns;​
118118 4.17 (7) fail to maintain a confidential relationship with clients or former clients;​
119119 4.18 (8) fail to take commercially reasonable measures to safeguard a client's nonpublic​
120120 4.19personal information;​
121121 4.20 (9) make, authorize, publish, disseminate, circulate, or cause to make, either directly or​
122122 4.21indirectly, any false, deceptive, or misleading statement or representation relating to or in​
123123 4.22connection with the offering or provision of tax preparation services;​
124124 4.23 (10) require a client to enter into a loan arrangement in order to complete a client's return;​
125125 4.24 (11) claim credits or deductions on a client's return for which the tax preparer knows or​
126126 4.25reasonably should know the client does not qualify;​
127127 4.26 (12) report a household income on a client's claim filed under chapter 290A that the tax​
128128 4.27preparer knows or reasonably should know is not accurate;​
129129 4.28 (13) engage in any conduct that is subject to a penalty under section 289A.60, subdivision​
130130 4.2913, 20, 20a, 26, or 28;​
131131 4​Article 1 Sec. 5.​
132132 REVISOR EAP/HL 25-00107​02/27/25 ​ 5.1 (14) whether or not acting as a taxpayer representative, fail to conform to the standards​
133133 5.2of conduct required by Minnesota Rules, part 8052.0300, subpart 4;​
134134 5.3 (15) whether or not acting as a taxpayer representative, engage in any conduct that is​
135135 5.4incompetent conduct under Minnesota Rules, part 8052.0300, subpart 5;​
136136 5.5 (16) whether or not acting as a taxpayer representative, engage in any conduct that is​
137137 5.6disreputable conduct under Minnesota Rules, part 8052.0300, subpart 6;​
138138 5.7 (17) charge, offer to accept, or accept a fee based upon a percentage of an anticipated​
139139 5.8refund for tax preparation services;​
140140 5.9 (18) under any circumstances, withhold or fail to return to a client a document provided​
141141 5.10by the client for use in preparing the client's return;​
142142 5.11 (19) take control or ownership of a client's refund by any means, including:​
143143 5.12 (i) directly or indirectly endorsing or otherwise negotiating a check or other refund​
144144 5.13instrument, including an electronic version of a check;​
145145 5.14 (ii) directing an electronic or direct deposit of the refund into an account unless the​
146146 5.15client's name is on the account; and​
147147 5.16 (iii) establishing or using an account in the preparer's name to receive a client's refund​
148148 5.17through a direct deposit or any other instrument unless the client's name is also on the​
149149 5.18account, except that a taxpayer may assign the portion of a refund representing the Minnesota​
150150 5.19education credit available under section 290.0674 to a bank account without the client's​
151151 5.20name, as provided under section 290.0679;​
152152 5.21 (20) fail to act in the best interests of the client;​
153153 5.22 (21) fail to safeguard and account for any money handled for the client;​
154154 5.23 (22) fail to disclose all material facts of which the preparer has knowledge which might​
155155 5.24reasonably affect the client's rights and interests;​
156156 5.25 (23) violate any provision of section 332.37;​
157157 5.26 (24) include any of the following in any document provided or signed in connection​
158158 5.27with the provision of tax preparation services:​
159159 5.28 (i) a hold harmless clause;​
160160 5.29 (ii) a confession of judgment or a power of attorney to confess judgment against the​
161161 5.30client or appear as the client in any judicial proceeding;​
162162 5​Article 1 Sec. 5.​
163163 REVISOR EAP/HL 25-00107​02/27/25 ​ 6.1 (iii) a waiver of the right to a jury trial, if applicable, in any action brought by or against​
164164 6.2a debtor;​
165165 6.3 (iv) an assignment of or an order for payment of wages or other compensation for​
166166 6.4services;​
167167 6.5 (v) a provision in which the client agrees not to assert any claim or defense otherwise​
168168 6.6available;​
169169 6.7 (vi) a waiver of any provision of this section or a release of any obligation required to​
170170 6.8be performed on the part of the tax preparer; or​
171171 6.9 (vii) a waiver of the right to injunctive, declaratory, or other equitable relief or relief on​
172172 6.10a class basis; or​
173173 6.11 (25) if making, providing, or facilitating a refund anticipation loan, fail to provide all​
174174 6.12disclosures required by the federal Truth in Lending Act, United States Code, title 15, in a​
175175 6.13form that may be retained by the client.​
176176 6.14 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
177177 6.1531, 2025.​
178178 6.16 Sec. 6. Minnesota Statutes 2024, section 290.068, subdivision 3, is amended to read:​
179179 6.17 Subd. 3.Limitation; carryover.(a) The credit for taxable years beginning before January​
180180 6.181, 2025, shall not exceed the liability for tax.​
181181 6.19 (b) If the amount of the credit allowed for the taxable year exceeds the liability for tax​
182182 6.20of the taxpayer, but is allowed as a result of the liability for tax of other members of the​
183183 6.21unitary group for the taxable year, the taxpayer must allocate the excess as a research credit​
184184 6.22to another member of the unitary group.​
185185 6.23 (b) (c) In the case of a corporation which is a partner in a partnership, the credit allowed​
186186 6.24for the taxable year shall not exceed the lesser of the amount determined under paragraph​
187187 6.25(a) for the taxable year or an amount (separately computed with respect to the corporation's​
188188 6.26interest in the trade or business or entity) equal to the amount of tax attributable to that​
189189 6.27portion of taxable income which is allocable or apportionable to the corporation's interest​
190190 6.28in the trade or business or entity.​
191191 6.29 (c) (d) If the amount of the credit determined under this section for any taxable year​
192192 6.30exceeds the limitation under paragraph (a) or (b) paragraphs (a) to (c), including amounts​
193193 6.31allocated to other members of the unitary group, the excess shall be a research credit​
194194 6.32carryover to each of the 15 succeeding taxable years. The entire amount of the excess unused​
195195 6​Article 1 Sec. 6.​
196196 REVISOR EAP/HL 25-00107​02/27/25 ​ 7.1credit for the taxable year shall be carried first to the earliest of the taxable years to which​
197197 7.2the credit may be carried and then to each successive year to which the credit may be carried.​
198198 7.3The amount of the unused credit which may be added under this clause shall not exceed the​
199199 7.4taxpayer's liability for tax less the research credit for the taxable year.​
200200 7.5 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
201201 7.631, 2024.​
202202 7.7 Sec. 7. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to​
203203 7.8read:​
204204 7.9 Subd. 6b.Credit partially refundable.(a) For an allowed credit claimed on a tax return​
205205 7.10filed on or before the due date or extended due date, if the amount of credit allowed in this​
206206 7.11section for qualified research expenses incurred in taxable years beginning after December​
207207 7.1231, 2024, exceeds the taxpayer's liability for tax, the commissioner shall refund 25 percent​
208208 7.13of the excess amount.​
209209 7.14 (b) The refundable amount allowed under paragraph (a) equals 25 percent of the excess,​
210210 7.15if any, of the credit amount remaining after the liability for tax has been reduced to zero,​
211211 7.16without any research credit carryover.​
212212 7.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
213213 7.1831, 2024.​
214214 7.19 Sec. 8. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to​
215215 7.20read:​
216216 7.21 Subd. 7a.Appropriation.An amount sufficient to pay the refunds required by this​
217217 7.22section is appropriated to the commissioner from the general fund.​
218218 7.23 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
219219 7.2431, 2024.​
220220 7.25 Sec. 9. Minnesota Statutes 2024, section 290.068, is amended by adding a subdivision to​
221221 7.26read:​
222222 7.27 Subd. 8.Purpose statement.The purpose of the research credit provided under this​
223223 7.28section is to: (1) create or retain jobs in the state; (2) increase research activity in the state;​
224224 7.29and (3) attract or retain business in the state.​
225225 7.30 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
226226 7.3131, 2024.​
227227 7​Article 1 Sec. 9.​
228228 REVISOR EAP/HL 25-00107​02/27/25 ​ 8.1 Sec. 10. Minnesota Statutes 2024, section 290.0695, subdivision 1, is amended to read:​
229229 8.2 Subdivision 1.Definitions.(a) For purpose purposes of this section, the following terms​
230230 8.3have the meanings given them.​
231231 8.4 (b) "Credit certificate" means the certificate issued by the commissioner of transportation​
232232 8.5under subdivision 3, paragraph (a).​
233233 8.6 (b) (c) "Eligible taxpayer" means any railroad that is classified by the United States​
234234 8.7Surface Transportation Board as a Class II or Class III railroad.​
235235 8.8 (c) (d) "Eligible transferee" means any taxpayer subject to tax under this chapter or​
236236 8.9chapter 297I.​
237237 8.10 (d) (e) "Qualified railroad reconstruction or replacement expenditures" means gross​
238238 8.11expenditures in the taxable year for maintenance, reconstruction, or replacement of railroad​
239239 8.12infrastructure, including track, roadbed, bridges, industrial leads and sidings, and track-related​
240240 8.13structures owned or leased by a Class II or Class III railroad in Minnesota as of January 1,​
241241 8.142021. Qualified railroad reconstruction or replacement expenditures also includes new​
242242 8.15construction of industrial leads, switches, spurs and sidings and extensions of existing sidings​
243243 8.16in Minnesota by a Class II or Class III railroad.​
244244 8.17 (f) "Transfer credit certificate" means the certificate issued to a transferee by the​
245245 8.18commissioner under subdivision 3, paragraph (d).​
246246 8.19 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
247247 8.2031, 2024.​
248248 8.21 Sec. 11. Minnesota Statutes 2024, section 290.0695, subdivision 3, is amended to read:​
249249 8.22 Subd. 3.Transferability Credit certificates; written agreement required; credit​
250250 8.23certificate transferability.(a) To qualify for a credit under this section, an eligible taxpayer​
251251 8.24must apply to the commissioner of transportation for a credit certificate. The application​
252252 8.25for the credit certificate must be in the form and manner prescribed by the commissioner​
253253 8.26of transportation, in consultation with the commissioner. If the application is approved, the​
254254 8.27commissioner of transportation must issue the credit certificate to the eligible taxpayer​
255255 8.28within 30 days of receipt of the application. The credit certificate must state the number of​
256256 8.29miles of qualified railroad reconstruction or replacement expenditures in the taxable year​
257257 8.30and the total amount of credit calculated under subdivision 2, paragraph (a). The​
258258 8.31commissioner of transportation must provide a copy of the credit certificate to the​
259259 8.32commissioner of revenue. The commissioner of transportation must not issue more than​
260260 8.33one credit certificate to an eligible taxpayer in a taxable year.​
261261 8​Article 1 Sec. 11.​
262262 REVISOR EAP/HL 25-00107​02/27/25 ​ 9.1 (b) By written agreement, an eligible taxpayer may transfer the credit allowed under​
263263 9.2this section by written agreement to an eligible transferee. The amount of the transferred​
264264 9.3credit is limited to the unused, remaining portion of the credit. as follows:​
265265 9.4 (1) any amount of the credit allowed that is stated in the credit certificate before any of​
266266 9.5the credit is claimed; or​
267267 9.6 (2) the entire amount of the credit carryover in each of the five succeeding taxable years.​
268268 9.7 (b) (c) The eligible taxpayer and the eligible transferee must jointly file a copy of the​
269269 9.8written transfer agreement with the commissioner within 30 days of the transfer. The written​
270270 9.9agreement must contain the name, address, and taxpayer identification number of the parties​
271271 9.10to the transfer; the taxable year the eligible taxpayer incurred the qualified expenditures;​
272272 9.11the amount of credit being transferred; and the taxable year or years for which the transferred​
273273 9.12credit may be claimed.​
274274 9.13 (c) (d) The commissioner must issue a transfer credit certificate to the transferee within​
275275 9.1430 days of the joint filing of a copy of the written transfer agreement with the commissioner.​
276276 9.15 (d) In the case of an audit or assessment, the transferee is liable for repayment of credits​
277277 9.16claimed in excess of the allowed amount.​
278278 9.17 (e) An eligible taxpayer must not transfer a credit to an eligible transferee more than​
279279 9.18once in a taxable year.​
280280 9.19 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
281281 9.2031, 2024.​
282282 9.21 Sec. 12. RESEARCH CREDIT; REPORT TO LEGISLATURE.​
283283 9.22 Subdivision 1.Report required.For taxable year 2025, the commissioner of revenue​
284284 9.23must determine the economic impact to the state from the increased research activities for​
285285 9.24which credits are provided under Minnesota Statutes, section 290.068, and provide a written​
286286 9.25report on the impact to the chairs and ranking minority members of the legislative committees​
287287 9.26with jurisdiction over taxes, in compliance with Minnesota Statutes, sections 3.195 and​
288288 9.273.197. The report must be submitted by February 1, 2027.​
289289 9.28 Subd. 2.Appropriation.$50,000 in fiscal year 2026 and $50,000 in fiscal year 2027​
290290 9.29are appropriated from the general fund to the commissioner of revenue for the costs associated​
291291 9.30with preparing the report required under subdivision 1. These are onetime appropriations.​
292292 9.31 EFFECTIVE DATE.This section is effective the day following final enactment.​
293293 9​Article 1 Sec. 12.​
294294 REVISOR EAP/HL 25-00107​02/27/25 ​ 10.1 Sec. 13. REPEALER.​
295295 10.2 Minnesota Statutes 2024, sections 13.4967, subdivision 2a; and 290.0679, are repealed.​
296296 10.3 EFFECTIVE DATE.This section is effective for assignments after December 31, 2025.​
297297 10.4 ARTICLE 2​
298298 10.5 PROPERTY TAXES​
299299 10.6 Section 1. Minnesota Statutes 2024, section 270.075, is amended by adding a subdivision​
300300 10.7to read:​
301301 10.8 Subd. 1a.Amount of tax.The commissioner shall levy and collect a total annual tax of​
302302 10.9$8,050,000 from all airline companies engaged in air commerce in this state. The​
303303 10.10commissioner shall apportion the tax to each airline company based on the valuation and​
304304 10.11net tax capacity of all flight property calculated pursuant to section 270.074.​
305305 10.12 EFFECTIVE DATE.This section is effective for property taxes payable in 2026 and​
306306 10.13thereafter.​
307307 10.14Sec. 2. Minnesota Statutes 2024, section 272.02, subdivision 19, is amended to read:​
308308 10.15 Subd. 19.Property used to distribute electricity to farmers.Electric power distribution​
309309 10.16lines and their attachments and appurtenances systems, not including substations, or​
310310 10.17transmission or generation equipment, that are used primarily for supplying electricity to​
311311 10.18farmers at retail, are exempt.​
312312 10.19 EFFECTIVE DATE.This section is effective beginning with assessment year 2025​
313313 10.20and thereafter.​
314314 10.21Sec. 3. Minnesota Statutes 2024, section 273.19, subdivision 1, is amended to read:​
315315 10.22 Subdivision 1.Tax-exempt property; lease.(a) Except as provided in subdivision 3 or​
316316 10.234, tax-exempt property held under a lease for a term of at least one year, and not taxable​
317317 10.24under section 272.01, subdivision 2, or under a contract for the purchase thereof, shall be​
318318 10.25considered, for all purposes of taxation, as the property of the person holding it. In this​
319319 10.26subdivision, "tax-exempt property" means property owned by the United States, the state​
320320 10.27or any of its political subdivisions, a school, or any religious, scientific, or benevolent society​
321321 10.28or institution, incorporated or unincorporated, or any corporation whose property is not​
322322 10.29taxed in the same manner as other property.​
323323 10.30 This subdivision (b) Paragraph (a) does not apply to:​
324324 10​Article 2 Sec. 3.​
325325 REVISOR EAP/HL 25-00107​02/27/25 ​ 11.1 (1) property exempt from taxation under section 272.01, subdivision 2, paragraph (b),​
326326 11.2clauses (2), (3), and (4), or to;​
327327 11.3 (2) property exempt from taxation under section 272.0213.; or​
328328 11.4 (3) a lease of any term of residential rental housing property exempt from taxation under​
329329 11.5section 272.02, subdivision 7.​
330330 11.6 EFFECTIVE DATE.This section is effective beginning with assessment year 2025​
331331 11.7and thereafter.​
332332 11.8 Sec. 4. Minnesota Statutes 2024, section 273.38, is amended to read:​
333333 11.9 273.38 PERCENTAGE OF ASSESSMENTS; EXCEPTIONS.​
334334 11.10 The distribution lines and the attachments and appurtenances thereto systems, not​
335335 11.11including substations, or transmission or generation equipment, of cooperative associations​
336336 11.12organized under the provisions of Laws 1923, chapter 326, and laws amendatory thereof​
337337 11.13and supplemental thereto, and engaged in the electrical heat, light and power business, upon​
338338 11.14a mutual, nonprofit and cooperative plan, shall be assessed and taxed as provided in sections​
339339 11.15273.40 and 273.41.​
340340 11.16 EFFECTIVE DATE.This section is effective beginning with assessment year 2025​
341341 11.17and thereafter.​
342342 11.18Sec. 5. Minnesota Statutes 2024, section 273.41, is amended to read:​
343343 11.19 273.41 AMOUNT OF TAX; DISTRIBUTION.​
344344 11.20 There is hereby imposed upon each such cooperative association on December 31 of​
345345 11.21each year a tax of $10 for each 100 members, or fraction thereof, of such association. The​
346346 11.22tax, when paid, shall be in lieu of all personal property taxes, state, county, or local, upon​
347347 11.23distribution lines and the attachments and appurtenances thereto of such associations that​
348348 11.24part of the association's distribution system, not including substations, or transmission or​
349349 11.25generation equipment, located in rural areas. The tax shall be payable on or before March​
350350 11.261 of the next succeeding year, to the commissioner of revenue. If the tax, or any portion​
351351 11.27thereof, is not paid within the time herein specified for the payment thereof, there shall be​
352352 11.28added thereto a specific penalty equal to ten percent of the amount so remaining unpaid.​
353353 11.29Such penalty shall be collected as part of said tax, and the amount of said tax not timely​
354354 11.30paid, together with said penalty, shall bear interest at the rate specified in section 270C.40​
355355 11.31from the time such tax should have been paid until paid. The commissioner shall deposit​
356356 11.32the amount so received in the general fund of the state treasury.​
357357 11​Article 2 Sec. 5.​
358358 REVISOR EAP/HL 25-00107​02/27/25 ​ 12.1 EFFECTIVE DATE.This section is effective beginning with assessment year 2025​
359359 12.2and thereafter.​
360360 12.3 Sec. 6. Minnesota Statutes 2024, section 477A.19, subdivision 5, is amended to read:​
361361 12.4 Subd. 5.Appropriation.$10,000,000 $5,000,000 each year is appropriated from the​
362362 12.5general fund to the commissioner of revenue to make the payments required under this​
363363 12.6section.​
364364 12.7 EFFECTIVE DATE.This section is effective for aids payable in 2026 and thereafter.​
365365 12.8 Sec. 7. REPEALER.​
366366 12.9 Minnesota Statutes 2024, section 270.075, subdivision 1, is repealed.​
367367 12.10 EFFECTIVE DATE.This section is effective for property taxes payable in 2026 and​
368368 12.11thereafter.​
369369 12.12 ARTICLE 3​
370370 12.13 SALES AND USE TAXES​
371371 12.14Section 1. Minnesota Statutes 2024, section 297A.61, subdivision 3, is amended to read:​
372372 12.15 Subd. 3.Sale and purchase.(a) "Sale" and "purchase" include, but are not limited to,​
373373 12.16each of the transactions listed in this subdivision. In applying the provisions of this chapter,​
374374 12.17the terms "tangible personal property" and "retail sale" include the taxable services listed​
375375 12.18in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable​
376376 12.19services, unless specifically provided otherwise. Services performed by an employee for​
377377 12.20an employer are not taxable. Services performed by a partnership or association for another​
378378 12.21partnership or association are not taxable if one of the entities owns or controls more than​
379379 12.2280 percent of the voting power of the equity interest in the other entity. Services performed​
380380 12.23between members of an affiliated group of corporations are not taxable. For purposes of​
381381 12.24the preceding sentence, "affiliated group of corporations" means those entities that would​
382382 12.25be classified as members of an affiliated group as defined under United States Code, title​
383383 12.2626, section 1504, disregarding the exclusions in section 1504(b).​
384384 12.27 (b) Sale and purchase include:​
385385 12.28 (1) any transfer of title or possession, or both, of tangible personal property, whether​
386386 12.29absolutely or conditionally, for a consideration in money or by exchange or barter; and​
387387 12​Article 3 Section 1.​
388388 REVISOR EAP/HL 25-00107​02/27/25 ​ 13.1 (2) the leasing of or the granting of a license to use or consume, for a consideration in​
389389 13.2money or by exchange or barter, tangible personal property, other than a manufactured​
390390 13.3home used for residential purposes for a continuous period of 30 days or more.​
391391 13.4 (c) Sale and purchase include the production, fabrication, printing, or processing of​
392392 13.5tangible personal property for a consideration for consumers who furnish either directly or​
393393 13.6indirectly the materials used in the production, fabrication, printing, or processing.​
394394 13.7 (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding​
395395 13.8section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:​
396396 13.9 (1) prepared food sold by the retailer;​
397397 13.10 (2) soft drinks;​
398398 13.11 (3) candy; and​
399399 13.12 (4) dietary supplements.​
400400 13.13 (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas,​
401401 13.14water, or steam for use or consumption within this state.​
402402 13.15 (f) A sale and a purchase includes the transfer for a consideration of prewritten computer​
403403 13.16software whether delivered electronically, by load and leave, or otherwise.​
404404 13.17 (g) A sale and a purchase includes the furnishing for a consideration of the following​
405405 13.18services:​
406406 13.19 (1) the privilege of admission to places of amusement, recreational areas, or athletic​
407407 13.20events, and the making available of amusement devices, tanning facilities, reducing salons,​
408408 13.21steam baths, health clubs, and spas or athletic facilities;​
409409 13.22 (2) lodging and related services by a hotel, rooming house, resort, campground, motel,​
410410 13.23or trailer camp, including furnishing the guest of the facility with access to telecommunication​
411411 13.24services, and the granting of any similar license to use real property in a specific facility,​
412412 13.25other than the renting or leasing of it for a continuous period of 30 days or more under an​
413413 13.26enforceable written agreement that may not be terminated without prior notice and including​
414414 13.27accommodations intermediary services provided in connection with other services provided​
415415 13.28under this clause;​
416416 13.29 (3) nonresidential parking services, whether on a contractual, hourly, or other periodic​
417417 13.30basis, except for parking at a meter;​
418418 13.31 (4) the granting of membership in a club, association, or other organization if:​
419419 13​Article 3 Section 1.​
420420 REVISOR EAP/HL 25-00107​02/27/25 ​ 14.1 (i) the club, association, or other organization makes available for the use of its members​
421421 14.2sports and athletic facilities, without regard to whether a separate charge is assessed for use​
422422 14.3of the facilities; and​
423423 14.4 (ii) use of the sports and athletic facility is not made available to the general public on​
424424 14.5the same basis as it is made available to members.​
425425 14.6Granting of membership means both onetime initiation fees and periodic membership dues.​
426426 14.7Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash​
427427 14.8courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming​
428428 14.9pools; and other similar athletic or sports facilities;​
429429 14.10 (5) delivery of aggregate materials by a third party, excluding delivery of aggregate​
430430 14.11material used in road construction; and delivery of concrete block by a third party if the​
431431 14.12delivery would be subject to the sales tax if provided by the seller of the concrete block.​
432432 14.13For purposes of this clause, "road construction" means construction of:​
433433 14.14 (i) public roads;​
434434 14.15 (ii) cartways; and​
435435 14.16 (iii) private roads in townships located outside of the seven-county metropolitan area​
436436 14.17up to the point of the emergency response location sign; and​
437437 14.18 (6) services as provided in this clause:​
438438 14.19 (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering,​
439439 14.20and storing clothes, linen services and supply, cleaning and blocking hats, and carpet,​
440440 14.21drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not​
441441 14.22include services provided by coin operated facilities operated by the customer;​
442442 14.23 (ii) motor vehicle washing, waxing, and cleaning services, including services provided​
443443 14.24by coin operated facilities operated by the customer, and rustproofing, undercoating, and​
444444 14.25towing of motor vehicles;​
445445 14.26 (iii) building and residential cleaning, maintenance, and disinfecting services and pest​
446446 14.27control and exterminating services;​
447447 14.28 (iv) detective, security, burglar, fire alarm, and armored car services; but not including​
448448 14.29services performed within the jurisdiction they serve by off-duty licensed peace officers as​
449449 14.30defined in section 626.84, subdivision 1, or services provided by a nonprofit organization​
450450 14.31or any organization at the direction of a county for monitoring and electronic surveillance​
451451 14​Article 3 Section 1.​
452452 REVISOR EAP/HL 25-00107​02/27/25 ​ 15.1of persons placed on in-home detention pursuant to court order or under the direction of the​
453453 15.2Minnesota Department of Corrections;​
454454 15.3 (v) pet grooming services;​
455455 15.4 (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting​
456456 15.5and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant​
457457 15.6care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing​
458458 15.7contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility​
459459 15.8lines. Services performed under a construction contract for the installation of shrubbery,​
460460 15.9plants, sod, trees, bushes, and similar items are not taxable;​
461461 15.10 (vii) massages, except when provided by a licensed health care facility or professional​
462462 15.11or upon written referral from a licensed health care facility or professional for treatment of​
463463 15.12illness, injury, or disease; and​
464464 15.13 (viii) the furnishing of lodging, board, and care services for animals in kennels and other​
465465 15.14similar arrangements, but excluding veterinary and horse boarding services.​
466466 15.15 (h) A sale and a purchase includes the furnishing for a consideration of tangible personal​
467467 15.16property or taxable services by the United States or any of its agencies or instrumentalities,​
468468 15.17or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.​
469469 15.18 (i) A sale and a purchase includes the furnishing for a consideration of​
470470 15.19telecommunications services, ancillary services associated with telecommunication services,​
471471 15.20and pay television services. Telecommunication services include, but are not limited to, the​
472472 15.21following services, as defined in section 297A.669: air-to-ground radiotelephone service,​
473473 15.22mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid​
474474 15.23wireless calling service, and private communication services. The services in this paragraph​
475475 15.24are taxed to the extent allowed under federal law.​
476476 15.25 (j) A sale and a purchase includes the furnishing for a consideration of installation if the​
477477 15.26installation charges would be subject to the sales tax if the installation were provided by​
478478 15.27the seller of the item being installed.​
479479 15.28 (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a​
480480 15.29customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor​
481481 15.30vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02,​
482482 15.31subdivision 11.​
483483 15.32 (l) A sale and a purchase includes furnishing for a consideration of specified digital​
484484 15.33products or other digital products or granting the right for a consideration to use specified​
485485 15​Article 3 Section 1.​
486486 REVISOR EAP/HL 25-00107​02/27/25 ​ 16.1digital products or other digital products on a temporary or permanent basis and regardless​
487487 16.2of whether the purchaser is required to make continued payments for such right. Wherever​
488488 16.3the term "tangible personal property" is used in this chapter, other than in subdivisions 10​
489489 16.4and 38, the provisions also apply to specified digital products, or other digital products,​
490490 16.5unless specifically provided otherwise or the context indicates otherwise.​
491491 16.6 (m) The sale of the privilege of admission under section 297A.61, subdivision 3,​
492492 16.7paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event​
493493 16.8includes all charges included in the privilege of admission's sales price, without deduction​
494494 16.9for amenities that may be provided, unless the amenities are separately stated and the​
495495 16.10purchaser of the privilege of admission is entitled to add or decline the amenities, and the​
496496 16.11amenities are not otherwise taxable.​
497497 16.12 (n) A sale and purchase includes the transfer for consideration of a taxable cannabis​
498498 16.13product as defined in section 295.81, subdivision 1, paragraph (r).​
499499 16.14 (o) A sale and purchase includes the furnishing for a consideration of the following​
500500 16.15services when purchased by a person other than a trade or business:​
501501 16.16 (1) accounting services, including but not limited to audit, bookkeeping, financial​
502502 16.17statement preparation, payroll, and tax return preparation services, but excluding tax​
503503 16.18preparation services used to claim the Minnesota child tax credit under section 290.0661​
504504 16.19or the Minnesota working family credit under section 290.0671;​
505505 16.20 (2) banking and brokerage services, including but not limited to account maintenance​
506506 16.21fees, safety deposit boxes, credit card fees, loan servicing, payment services, wealth​
507507 16.22management, financial planning, retirement planning, trust management, and investment​
508508 16.23management, but excluding origination fees, overdraft fees, late fees, and the management​
509509 16.24of defined benefit pension funds; and​
510510 16.25 (3) legal services, including but not limited to attorney fees, paralegal and legal assistant​
511511 16.26services, law clerk services, notary fees, process serving, mediation and arbitration, and​
512512 16.27title search, but excluding legal aid services funded as described in section 480.242.​
513513 16.28 (p) A seller of the services listed in paragraph (o) must retain records identifying through​
514514 16.29reasonable and verifiable standards whether the services were purchased by a trade or​
515515 16.30business or a person other than a trade or business.​
516516 16.31 EFFECTIVE DATE.This section is effective for sales and purchases made after​
517517 16.32September 30, 2025.​
518518 16​Article 3 Section 1.​
519519 REVISOR EAP/HL 25-00107​02/27/25 ​ 17.1 Sec. 2. Minnesota Statutes 2024, section 297A.62, subdivision 1, is amended to read:​
520520 17.2 Subdivision 1.Generally.Except as otherwise provided in subdivision 3 or in this​
521521 17.3chapter, a sales tax of 6.5 6.425 percent is imposed on the gross receipts from retail sales​
522522 17.4as defined in section 297A.61, subdivision 4, made in this state or to a destination in this​
523523 17.5state by a person who is required to have or voluntarily obtains a permit under section​
524524 17.6297A.83, subdivision 1.​
525525 17.7 EFFECTIVE DATE.This section is effective for sales and purchases made after​
526526 17.8September 30, 2025.​
527527 17.9 Sec. 3. Minnesota Statutes 2024, section 297A.65, is amended to read:​
528528 17.10 297A.65 LOTTERY TICKETS; IN LIEU TAX.​
529529 17.11 Sales of State Lottery tickets are exempt from the tax imposed under section 297A.62.​
530530 17.12The State Lottery must on or before the 20th day of each month transmit to the commissioner​
531531 17.13of revenue an amount equal to the gross receipts from the sale of lottery tickets for the​
532532 17.14previous month multiplied by the tax rate under section 297A.62, subdivision 1 6.5 percent.​
533533 17.15The resulting payment is in lieu of the sales tax that otherwise would be imposed by this​
534534 17.16chapter. The commissioner shall deposit the money transmitted as provided by section​
535535 17.17297A.94 and the money must be treated as other proceeds of the sales tax. For purposes of​
536536 17.18this section, "gross receipts" means the proceeds of the sale of tickets before deduction of​
537537 17.19a commission or other compensation paid to the vendor or retailer for selling tickets.​
538538 17.20 EFFECTIVE DATE.This section is effective for sales and purchases made after​
539539 17.21September 30, 2025.​
540540 17.22Sec. 4. Minnesota Statutes 2024, section 297F.25, subdivision 1, is amended to read:​
541541 17.23 Subdivision 1.Imposition.(a) A tax is imposed on distributors on the sale of cigarettes​
542542 17.24by a cigarette distributor to a retailer or cigarette subjobber for resale in this state. The tax​
543543 17.25is equal to the combined tax rate under section 297A.62 6.875 percent, multiplied by the​
544544 17.26weighted average retail price and must be expressed in cents per pack rounded to the nearest​
545545 17.27one-tenth of a cent. The weighted average retail price must be determined annually, with​
546546 17.28new rates published by November 1, and effective for sales on or after January 1 of the​
547547 17.29following year. The weighted average retail price must be established by surveying cigarette​
548548 17.30retailers statewide in a manner and time determined by the commissioner. The commissioner​
549549 17.31shall make an inflation adjustment in accordance with the Consumer Price Index for all​
550550 17.32urban consumers inflation indicator as published in the most recent state budget forecast.​
551551 17​Article 3 Sec. 4.​
552552 REVISOR EAP/HL 25-00107​02/27/25 ​ 18.1The commissioner shall use the inflation factor for the calendar year in which the new tax​
553553 18.2rate takes effect. If the survey indicates that the average retail price of cigarettes has not​
554554 18.3increased relative to the average retail price in the previous year's survey, then the​
555555 18.4commissioner shall not make an inflation adjustment. The determination of the commissioner​
556556 18.5pursuant to this subdivision is not a "rule" and is not subject to the Administrative Procedure​
557557 18.6Act contained in chapter 14. For packs of cigarettes with other than 20 cigarettes, the tax​
558558 18.7must be adjusted proportionally.​
559559 18.8 (b) Notwithstanding paragraph (a), and in lieu of a survey of cigarette retailers, the tax​
560560 18.9calculation of the weighted average retail price for the sales of cigarettes from August 1,​
561561 18.102011, through December 31, 2011, shall be calculated by: (1) increasing the average retail​
562562 18.11price per pack of 20 cigarettes from the most recent survey by the percentage change in a​
563563 18.12weighted average of the presumed legal prices for cigarettes during the year after completion​
564564 18.13of that survey, as reported and published by the Department of Commerce under section​
565565 18.14325D.371; (2) subtracting the sales tax included in the retail price; and (3) adjusting for​
566566 18.15expected inflation. The rate must be published by May 1 and is effective for sales after July​
567567 18.1631. If the weighted average of the presumed legal prices indicates that the average retail​
568568 18.17price of cigarettes has not increased relative to the average retail price in the most recent​
569569 18.18survey, then no inflation adjustment must be made. For packs of cigarettes with other than​
570570 18.1920 cigarettes, the tax must be adjusted proportionally.​
571571 18.20 EFFECTIVE DATE.This section is effective for sales and purchases made after​
572572 18.21September 30, 2025.​
573573 18.22 ARTICLE 4​
574574 18.23 MISCELLANEOUS​
575575 18.24Section 1. Minnesota Statutes 2024, section 289A.60, subdivision 12, is amended to read:​
576576 18.25 Subd. 12.Penalties relating to property tax refunds and certificates of rent paid.(a)​
577577 18.26If it is determined that a property tax refund claim is excessive and was negligently prepared,​
578578 18.27a claimant is liable for a penalty of ten percent of the disallowed claim. If the claim has​
579579 18.28been paid, the amount disallowed must be recovered by assessment and collection.​
580580 18.29 (b) An owner who without reasonable cause fails to give a certificate of rent paid to a​
581581 18.30renter, as required by sections 290.0693, subdivision 4, paragraph (a), and 290A.19,​
582582 18.31paragraph (a), is liable to the commissioner for a penalty of $100 $50 for each failure. The​
583583 18.32commissioner may abate the penalty using the abatement authority in section 270C.34.​
584584 18​Article 4 Section 1.​
585585 REVISOR EAP/HL 25-00107​02/27/25 ​ 19.1 (c) An owner who fails to file a certificate of rent paid with the commissioner, as required​
586586 19.2by sections 290.0693, subdivision 4, paragraph (b), and 290A.19, paragraph (b), is liable​
587587 19.3to the commissioner for a penalty of $50 for each failure. The commissioner may abate the​
588588 19.4penalty using the abatement authority in section 270C.34.​
589589 19.5 (c) (d) If the owner or managing agent knowingly gives rent certificates that report total​
590590 19.6rent constituting property taxes in excess of the amount of actual rent constituting property​
591591 19.7taxes paid on the rented part of a property, the owner or managing agent is liable for a​
592592 19.8penalty equal to the greater of (1) $100 or (2) 50 percent of the excess that is reported. An​
593593 19.9overstatement of rent constituting property taxes is presumed to be knowingly made if it​
594594 19.10exceeds by ten percent or more the actual rent constituting property taxes.​
595595 19.11 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025.​
596596 19.12Sec. 2. Minnesota Statutes 2024, section 290.0693, subdivision 4, is amended to read:​
597597 19.13 Subd. 4.Owner or managing agent to furnish rent certificate.(a) The owner or​
598598 19.14managing agent of any property for which rent is paid for occupancy as a homestead must​
599599 19.15furnish a certificate of rent paid to a person who is a renter on December 31, in the form​
600600 19.16prescribed by the commissioner. If the renter moves before December 31, the owner or​
601601 19.17managing agent may give the certificate to the renter at the time of moving, or mail the​
602602 19.18certificate to the forwarding address if an address has been provided by the renter. The​
603603 19.19certificate must be made available to the renter before February 1 of the year following the​
604604 19.20year in which the rent was paid. The owner or managing agent must retain a duplicate of​
605605 19.21each certificate or an equivalent record showing the same information for a period of four​
606606 19.22years. The duplicate or other record must be made available to the commissioner upon​
607607 19.23request.​
608608 19.24 (b) The commissioner may require the owner or managing agent, through a simple​
609609 19.25process, to must furnish to the commissioner on or before January 31 a copy of each​
610610 19.26certificate of rent paid furnished to a renter for rent paid in the prior year. The commissioner​
611611 19.27shall prescribe the content, format, and manner of the form pursuant to section 270C.30.​
612612 19.28The commissioner may require the Social Security number, individual taxpayer identification​
613613 19.29number, federal employer identification number, or Minnesota taxpayer identification​
614614 19.30number of the owner or managing agent who is required to furnish a certificate of rent paid​
615615 19.31under this paragraph. Before implementation, the commissioner, after consulting with​
616616 19.32representatives of owners or managing agents, shall develop an implementation and​
617617 19.33administration plan for the requirements of this paragraph that attempts to minimize financial​
618618 19​Article 4 Sec. 2.​
619619 REVISOR EAP/HL 25-00107​02/27/25 ​ 20.1burdens, administration and compliance costs, and takes into consideration existing systems​
620620 20.2of owners and managing agents.​
621621 20.3 (c) An owner who fails to furnish the certificate of rent paid to the renter or to the​
622622 20.4commissioner, as required under this section, is subject to the penalty imposed under section​
623623 20.5289A.60, subdivision 12.​
624624 20.6 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025.​
625625 20.7 Sec. 3. Minnesota Statutes 2024, section 290A.19, is amended to read:​
626626 20.8 290A.19 PARK OWNER TO FURNISH RENT CERTIFICATE.​
627627 20.9 (a) The park owner of a property for which rent is paid for occupancy as a homestead​
628628 20.10must furnish a certificate of rent paid to a person who is a renter on December 31, in the​
629629 20.11form prescribed by the commissioner. If the renter moves before December 31, the park​
630630 20.12owner may give the certificate to the renter at the time of moving, or mail the certificate to​
631631 20.13the forwarding address if an address has been provided by the renter. The certificate must​
632632 20.14be made available to the renter before February 1 of the year following the year in which​
633633 20.15the rent was paid. The park owner must retain a duplicate of each certificate or an equivalent​
634634 20.16record showing the same information for a period of three years. The duplicate or other​
635635 20.17record must be made available to the commissioner upon request.​
636636 20.18 (b) The commissioner may require the park owner, through a simple process, to must​
637637 20.19furnish to the commissioner on or before March 1 a copy of each certificate of rent paid​
638638 20.20furnished to a renter for rent paid in the prior year. The commissioner shall prescribe the​
639639 20.21content, format, and manner of the form pursuant to section 270C.30. The commissioner​
640640 20.22may require the Social Security number, individual taxpayer identification number, federal​
641641 20.23employer identification number, or Minnesota taxpayer identification number of the park​
642642 20.24owner who is required to furnish a certificate of rent paid under this paragraph. Prior to​
643643 20.25implementation, the commissioner, after consulting with representatives of park owners,​
644644 20.26shall develop an implementation and administration plan for the requirements of this​
645645 20.27paragraph that attempts to minimize financial burdens, administration and compliance costs,​
646646 20.28and takes into consideration existing systems of park owners.​
647647 20.29 (c) For the purposes of this section, "park owner" means a park owner as defined under​
648648 20.30section 327C.015, subdivision 9, and "property" includes a lot as defined under section​
649649 20.31327C.015, subdivision 6.​
650650 20​Article 4 Sec. 3.​
651651 REVISOR EAP/HL 25-00107​02/27/25 ​ 21.1 (d) An owner who fails to furnish the certificate of rent paid to the renter or to the​
652652 21.2commissioner, as required under this section, is subject to the penalty imposed under section​
653653 21.3289A.60, subdivision 12.​
654654 21.4 EFFECTIVE DATE.This section is effective for rent paid after December 31, 2025.​
655655 21.5 Sec. 4. Minnesota Statutes 2024, section 290C.07, is amended to read:​
656656 21.6 290C.07 CALCULATION OF INCENTIVE PAYMENT.​
657657 21.7 (a) An approved claimant under the sustainable forest incentive program is eligible to​
658658 21.8receive an annual payment for each acre of enrolled land, excluding any acre improved with​
659659 21.9a paved trail under easement, lease, or terminable license to the state of Minnesota or a​
660660 21.10political subdivision. The payment shall equal a percentage of the property tax that would​
661661 21.11be paid on the land determined by using the previous year's statewide average total tax rate​
662662 21.12for all taxes levied within townships and unorganized territories, the estimated market value​
663663 21.13per acre as calculated in section 290C.06, and a class rate of one percent as follows: (1) for​
664664 21.14claimants enrolling land that is subject to a conservation easement funded under section​
665665 21.1597A.056 or a comparable permanent easement conveyed to a governmental or nonprofit​
666666 21.16entity before May 31, 2013, 25 17.5 percent; (2) for claimants enrolling land that is not​
667667 21.17subject to a conservation easement under an eight-year covenant, 65 45.5 percent; (3) for​
668668 21.18claimants enrolling land that is not subject to a conservation easement under a 20-year​
669669 21.19covenant, 90 63 percent; and (4) for claimants enrolling land that is not subject to a​
670670 21.20conservation easement under a 50-year covenant, 115 80.5 percent.​
671671 21.21 (b) The calculated payment must not increase or decrease by more than ten percent​
672672 21.22relative to the payment received for the previous year. In no case may the payment be less​
673673 21.23than 70 percent of the amount paid to the claimant for the land enrolled in the program in​
674674 21.242017. If an eligible claimant elects to change the length of the covenant on enrolled land​
675675 21.25on or before May 15, 2019, the limits under this paragraph do not apply and the claimant​
676676 21.26must receive payment in the amount corresponding to the new covenant length as calculated​
677677 21.27under paragraph (a).​
678678 21.28 (c) In addition to the payments provided under this section, a claimant enrolling more​
679679 21.29than 1,920 acres shall be allowed an additional payment per acre equal to the amount​
680680 21.30prescribed in paragraph (a), clause (1), for all acres of enrolled land on which public access​
681681 21.31is allowed, as required under section 290C.03, paragraph (a), clause (6), excluding any land​
682682 21.32subject to a conservation easement funded under section 97A.056, or a permanent easement​
683683 21.33conveyed to a governmental or nonprofit entity that is required to allow for public access​
684684 21.34under section 290C.03, paragraph (a), clause (6).​
685685 21​Article 4 Sec. 4.​
686686 REVISOR EAP/HL 25-00107​02/27/25 ​ 22.1 EFFECTIVE DATE.This section is effective beginning for payments in calendar year​
687687 22.22026.​
688688 22.3 Sec. 5. Minnesota Statutes 2024, section 295.81, subdivision 10, is amended to read:​
689689 22.4 Subd. 10.Deposit of revenues; account established.(a) The commissioner must deposit​
690690 22.5the revenues, including penalties and interest, derived from the tax imposed by this section​
691691 22.6as follows:​
692692 22.7 (1) 80 percent to in the general fund; and.​
693693 22.8 (2) 20 percent to the local government cannabis aid account in the special revenue fund.​
694694 22.9 (b) The local government cannabis aid account is established in the special revenue fund.​
695695 22.10 EFFECTIVE DATE.The amendment to paragraph (a) is effective July 1, 2025. The​
696696 22.11amendment to paragraph (b) is effective January 2, 2026.​
697697 22.12Sec. 6. CANCELLATION OF AMOUNTS IN LOCAL GOVERNMENT CANNABIS​
698698 22.13AID ACCOUNT.​
699699 22.14 On January 2, 2026, any balance within the local government cannabis aid account in​
700700 22.15the special revenue fund is canceled to the general fund.​
701701 22.16 EFFECTIVE DATE.This section is effective the day following final enactment.​
702702 22.17Sec. 7. SPECIAL WITHDRAWAL AND RELEASE PROCEDURES FOR THE​
703703 22.18SUSTAINABLE FOREST INCENTIVE ACT.​
704704 22.19 For lands enrolled in the Sustainable Forest Incentive Act on or before the day following​
705705 22.20final enactment of section 4, the claimant may elect by July 1, 2026, and without penalty,​
706706 22.21to withdraw land subject to the covenant without regard to the limitations under Minnesota​
707707 22.22Statutes, section 290C.055. The claimant of the enrolled land making an election to withdraw​
708708 22.23land must provide written notice to the commissioner of revenue of its intent to withdraw​
709709 22.24land from the program. The commissioner must issue a document releasing the land from​
710710 22.25the covenant to each claimant electing to withdraw land from the program, effective​
711711 22.26retroactive to the date of the election.​
712712 22.27 EFFECTIVE DATE.This section is effective the day following final enactment.​
713713 22​Article 4 Sec. 7.​
714714 REVISOR EAP/HL 25-00107​02/27/25 ​ 23.1 Sec. 8. CANCELLATION.​
715715 23.2 Any money in the tax filing modernization account repealed in section 9 is canceled to​
716716 23.3the general fund.​
717717 23.4 EFFECTIVE DATE.This section is effective the day following final enactment.​
718718 23.5 Sec. 9. REPEALER.​
719719 23.6 (a) Minnesota Statutes 2024, section 477A.32, is repealed.​
720720 23.7 (b) Laws 2023, chapter 64, article 15, section 24, is repealed.​
721721 23.8 EFFECTIVE DATE.Paragraph (a) is effective for aids payable in 2026 and thereafter.​
722722 23.9Paragraph (b) is effective the day following final enactment.​
723723 23​Article 4 Sec. 9.​
724724 REVISOR EAP/HL 25-00107​02/27/25 ​ Page.Ln 1.25​INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES..ARTICLE 1​
725725 Page.Ln 10.4​PROPERTY TAXES..............................................................................ARTICLE 2​
726726 Page.Ln 12.12​SALES AND USE TAXES....................................................................ARTICLE 3​
727727 Page.Ln 18.22​MISCELLANEOUS...............................................................................ARTICLE 4​
728728 1​
729729 APPENDIX​
730730 Article locations for 25-00107​ 13.4967 OTHER TAX DATA CODED ELSEWHERE.​
731731 Subd. 2a.Assignment of refund.Data regarding assignment of individual income tax refunds​
732732 is classified by section 290.0679, subdivision 9.​
733733 270.075 TAX LEVY.​
734734 Subdivision 1.Rate of tax.The commissioner shall determine the rate of tax to be levied and​
735735 collected against the net tax capacity as determined pursuant to section 270.074, subdivision 3, to​
736736 generate revenues sufficient to fund the air flight property tax portion of each year's state airport​
737737 fund appropriation, as certified to the commissioner by the commissioner of transportation. The​
738738 certification shall be presented to the commissioner prior to December 31 of each year. The property​
739739 tax portion of the state airport fund appropriation is the difference between the total fund​
740740 appropriation and the estimated total fund revenues from other sources for the state fiscal year in​
741741 which the tax is payable and may include a portion of the balance in the state airports fund as​
742742 determined to be available by the commissioner of transportation. The certification by the​
743743 commissioner of transportation to the commissioner shall state the total fund appropriation and​
744744 shall list individually the estimated fund revenues including the account carryover balance in the​
745745 airport fund. The difference of these amounts shall be shown as the property tax portion of the state​
746746 airport fund appropriation.​
747747 If a levy amount has not been certified by December 31 of a levy year, the commissioner shall​
748748 use the last previous certified amount to determine the rate of tax, and shall notify the chairs and​
749749 the ranking minority members of the committees of the house of representatives and senate having​
750750 jurisdiction over the Department of Transportation that a certification was not made under this​
751751 subdivision.​
752752 290.0679 ASSIGNMENT OF REFUND.​
753753 Subdivision 1.Definitions.(a) "Qualifying taxpayer" means a resident who has a child in​
754754 kindergarten through grade 12 in the current tax year and who met the income requirements under​
755755 section 290.0674, subdivision 2, for receiving the education credit in the tax year preceding the​
756756 assignment of the taxpayer's refund.​
757757 (b) "Education credit" means the credit allowed under section 290.0674.​
758758 (c) "Refund" means an individual income tax refund.​
759759 (d) "Financial institution" means a state or federally chartered bank, savings bank, savings​
760760 association, or credit union.​
761761 (e) "Qualifying organization" means a tax-exempt organization under section 501(c)(3) of the​
762762 Internal Revenue Code.​
763763 (f) "Assignee" means a financial institution or qualifying organization that is entitled to receive​
764764 payment of a refund assigned under this section.​
765765 Subd. 2.Conditions for assignment.A qualifying taxpayer may assign all or part of an​
766766 anticipated refund for the current and future taxable years to a financial institution or a qualifying​
767767 organization. A financial institution or qualifying organization accepting assignment must pay the​
768768 amount secured by the assignment to a third-party vendor. The commissioner of education shall,​
769769 upon request from a third-party vendor, certify that the vendor's products and services qualify for​
770770 the education credit. A denial of a certification may be appealed to the commissioner pursuant to​
771771 this subdivision and notwithstanding chapter 14. A financial institution or qualifying organization​
772772 that accepts assignments under this section must verify as part of the assignment documentation​
773773 that the product or service to be provided by the third-party vendor has been certified by the​
774774 commissioner of education as qualifying for the education credit. The amount assigned for the​
775775 current and future taxable years may not exceed the maximum allowable education credit for the​
776776 current taxable year. Both the taxpayer and spouse must consent to the assignment of a refund from​
777777 a joint return.​
778778 Subd. 3.Consent for disclosure.When the taxpayer applies to the financial institution or the​
779779 qualifying organization for a loan to be secured by the assignment under subdivision 2, the taxpayer​
780780 must sign a written consent on a form prescribed by the commissioner. The consent must authorize​
781781 the commissioner to disclose to the financial institution or qualifying organization the total amount​
782782 of state taxes owed or revenue recapture claims filed under chapter 270A against the taxpayer, and​
783783 the total amount of outstanding assignments made by the taxpayer under this section. For a refund​
784784 from a joint return, the consent must also authorize the disclosure of taxes, revenue recapture claims,​
785785 and assignments relating to the taxpayer's spouse, and must be signed by the spouse. The financial​
786786 1R​
787787 APPENDIX​
788788 Repealed Minnesota Statutes: 25-00107​ institution or qualifying organization may request that the taxpayer provide a copy of the taxpayer's​
789789 previous year's income tax return, if any, and may assist the taxpayer in requesting a copy of the​
790790 previous year's return from the commissioner.​
791791 Subd. 4.Consumer disclosure.(a) A third-party vendor that receives payment of the amount​
792792 secured by an assignment must comply with the requirements of this subdivision.​
793793 (b) The third-party vendor must disclose to the taxpayer, in plain language:​
794794 (1) the cost of each product or service for which the third-party vendor separately charges the​
795795 taxpayer;​
796796 (2) any fees charged to the taxpayer for tax preparation services; and​
797797 (3) for qualifying low-income taxpayers, information on the availability of free tax preparation​
798798 services.​
799799 (c) The third-party vendor must provide to the taxpayer executed copies of any documents​
800800 signed by the taxpayer.​
801801 Subd. 5.Filing of assignment.The commissioner shall prescribe the form of and manner for​
802802 filing an assignment of a refund under this section.​
803803 Subd. 6.Effect of assignment.The taxpayer may not revoke an assignment after it has been​
804804 filed. The assignee must notify the commissioner if the loan secured by the assignment has been​
805805 paid in full, in which case the assignment is canceled. An assignment is in effect until the amount​
806806 assigned is refunded in full to the assignee, or until the assignee cancels the assignment.​
807807 Subd. 7.Payment of refund.When a refund assigned under this section is issued by the​
808808 commissioner, the proceeds of the refund, as defined in subdivision 1, paragraph (c), must be​
809809 distributed in the following order:​
810810 (1) to satisfy any delinquent tax obligations of the taxpayer which are owed to the commissioner;​
811811 (2) to claimant agencies to satisfy any revenue recapture claims filed against the taxpayer, in​
812812 the order of priority of the claims set forth in section 270A.10;​
813813 (3) to assignees to satisfy assignments under this section, based on the order in time in which​
814814 the commissioner received the assignments; and​
815815 (4) to the taxpayer.​
816816 Subd. 8.Legal action.If there is a dispute between the taxpayer and the assignee after the​
817817 commissioner has remitted the taxpayer's refund to the assignee, the taxpayer's only remedy is to​
818818 bring an action against the assignee in court to recover the refund. The action must be brought​
819819 within two years after the commissioner remits the refund to the assignee. The commissioner may​
820820 not be a party to the proceeding.​
821821 Subd. 9.Assignments private data.Information regarding assignments under this section is​
822822 classified as private data on individuals.​
823823 477A.32 LOCAL GOVERNMENT CANNABIS AID.​
824824 Subdivision 1.Definitions.For purposes of this section, the following terms have the meanings​
825825 given:​
826826 (1) "city" means a statutory or home rule charter city; and​
827827 (2) "director" means the director of the Office of Cannabis Management under section 342.02.​
828828 Subd. 2.Certification to commissioner of revenue.(a) By July 15, 2024, and annually​
829829 thereafter, the commissioner of management and budget must certify to the commissioner of revenue​
830830 the balance of the local government cannabis aid account in the special revenue fund as of the​
831831 immediately preceding June 30.​
832832 (b) By June 1, 2024, and annually thereafter, the director must certify to the commissioner of​
833833 revenue the number of cannabis businesses, as defined under section 342.01, subdivision 14, licensed​
834834 under chapter 342 as of the previous January 1, disaggregated by county and city.​
835835 Subd. 3.Aid to counties.(a) Beginning for aid payable in 2024, the amount available for aid​
836836 to counties under this subdivision equals 50 percent of the amount certified in that year to the​
837837 commissioner under subdivision 2, paragraph (a).​
838838 2R​
839839 APPENDIX​
840840 Repealed Minnesota Statutes: 25-00107​ (b) Twenty percent of the amount under paragraph (a) must be distributed equally among all​
841841 counties.​
842842 (c) Eighty percent of the amount under paragraph (a) must be distributed proportionally to each​
843843 county according to the number of cannabis businesses located in the county as compared to the​
844844 number of cannabis businesses in all counties as of the most recent certification under subdivision​
845845 2, paragraph (b).​
846846 Subd. 4.Aid to cities.(a) Beginning for aid payable in 2024, the amount available for aid to​
847847 cities under this subdivision equals 50 percent of the amount certified in that year to the commissioner​
848848 under subdivision 2, paragraph (a).​
849849 (b) The amount under paragraph (a) must be distributed proportionally to each city according​
850850 to the number of cannabis businesses located in the city as compared to the number of cannabis​
851851 businesses in all cities as of the most recent certification under subdivision 2, paragraph (b).​
852852 Subd. 5.Payment.The commissioner of revenue must compute the amount of aid payable to​
853853 each county and city under this section. On or before September 1 of each year, the commissioner​
854854 must certify the amount to be paid to each county and city in that year. The commissioner must pay​
855855 the full amount of the aid on December 26 annually.​
856856 Subd. 6.Appropriation.Beginning in fiscal year 2025 and annually thereafter, the amount in​
857857 the local government cannabis aid account in the special revenue fund is annually appropriated to​
858858 the commissioner of revenue to make the aid payments required under this section.​
859859 3R​
860860 APPENDIX​
861861 Repealed Minnesota Statutes: 25-00107​ Laws 2023, chapter 64, article 15, section 24​
862862 Sec. 24. TAX FILING MODERNIZATION.​
863863 Subdivision 1.Account established; appropriation.A tax filing modernization account is​
864864 established in the special revenue fund. All funds in the tax filing modernization account are​
865865 appropriated to the commissioner of revenue for the purposes specified in subdivision 3.​
866866 Subd. 2.Transfer.$5,000,000 in fiscal year 2024 is transferred to the tax filing modernization​
867867 account from the general fund. This is a onetime transfer.​
868868 Subd. 3.Eligible uses.(a) The commissioner of revenue may use funds in the tax filing​
869869 modernization account to modernize the state process for filing individual income tax returns,​
870870 including:​
871871 (1) updating and reviewing changes to individual income tax forms resulting from this act;​
872872 (2) coordinating the process for filing state individual income tax returns with free filing options​
873873 for the federal income tax; and​
874874 (3) development and implementation of state free filing options for the individual income tax.​
875875 (b) Beginning July 1, 2026, the commissioner of revenue may use any unspent funds in the tax​
876876 filing modernization account to make taxpayer assistance grants to eligible organizations qualifying​
877877 under section 7526A(e)(2)(B) of the Internal Revenue Code.​
878878 Subd. 4.Unspent funds.Any unspent funds in the tax filing modernization account cancel to​
879879 the general fund on June 30, 2027.​
880880 4R​
881881 APPENDIX​
882882 Repealed Minnesota Session Laws: 25-00107​