1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; property; modifying the definition of income for purposes of |
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3 | 3 | | 1.3 the property tax refund; amending Minnesota Statutes 2024, section 290A.03, |
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4 | 4 | | 1.4 subdivision 3. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 290A.03, subdivision 3, is amended to read: |
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7 | 7 | | 1.7 Subd. 3.Income.(a) "Income" means the sum of the following: |
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8 | 8 | | 1.8 (1) federal adjusted gross income as defined in the Internal Revenue Code; and |
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9 | 9 | | 1.9 (2) the sum of the following amounts to the extent not included in clause (1): |
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10 | 10 | | 1.10 (i) all nontaxable income; |
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11 | 11 | | 1.11 (ii) the amount of a passive activity loss that is not disallowed as a result of section 469, |
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12 | 12 | | 1.12paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss |
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13 | 13 | | 1.13carryover allowed under section 469(b) of the Internal Revenue Code; |
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14 | 14 | | 1.14 (iii) an amount equal to the total of any discharge of qualified farm indebtedness of a |
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15 | 15 | | 1.15solvent individual excluded from gross income under section 108(g) of the Internal Revenue |
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16 | 16 | | 1.16Code; |
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17 | 17 | | 1.17 (iv) cash public assistance and relief; |
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18 | 18 | | 1.18 (v) any pension or annuity (including railroad retirement benefits, all payments received |
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19 | 19 | | 1.19under the federal Social Security Act, Supplemental Security Income, and veterans benefits), |
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20 | 20 | | 1.20which was not exclusively funded by the claimant or spouse, or which was funded exclusively |
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21 | 21 | | 1Section 1. |
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22 | 22 | | 25-00557 as introduced12/04/24 REVISOR EAP/VJ |
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23 | 23 | | SENATE |
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24 | 24 | | STATE OF MINNESOTA |
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25 | 25 | | S.F. No. 105NINETY-FOURTH SESSION |
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26 | 26 | | (SENATE AUTHORS: DRAZKOWSKI) |
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27 | 27 | | OFFICIAL STATUSD-PGDATE |
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28 | 28 | | Introduction and first reading01/16/2025 |
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29 | 29 | | Referred to Taxes 2.1by the claimant or spouse and which funding payments were excluded from federal adjusted |
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30 | 30 | | 2.2gross income in the years when the payments were made; |
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31 | 31 | | 2.3 (vi) interest received from the federal or a state government or any instrumentality or |
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32 | 32 | | 2.4political subdivision thereof; |
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33 | 33 | | 2.5 (vii) workers' compensation; |
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34 | 34 | | 2.6 (viii) nontaxable strike benefits; |
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35 | 35 | | 2.7 (ix) the gross amounts of payments received in the nature of disability income or sick |
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36 | 36 | | 2.8pay as a result of accident, sickness, or other disability, whether funded through insurance |
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37 | 37 | | 2.9or otherwise; |
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38 | 38 | | 2.10 (x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of |
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39 | 39 | | 2.111986, as amended through December 31, 1995; |
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40 | 40 | | 2.12 (xi) contributions made by the claimant to an individual retirement account, including |
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41 | 41 | | 2.13a qualified voluntary employee contribution; simplified employee pension plan; |
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42 | 42 | | 2.14self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of |
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43 | 43 | | 2.15the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal |
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44 | 44 | | 2.16Revenue Code, to the extent the sum of amounts exceeds the retirement base amount for |
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45 | 45 | | 2.17the claimant and spouse; |
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46 | 46 | | 2.18 (xii) to the extent not included in federal adjusted gross income, distributions received |
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47 | 47 | | 2.19by the claimant or spouse from a traditional or Roth style retirement account or plan; |
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48 | 48 | | 2.20 (xiii) nontaxable scholarship or fellowship grants; |
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49 | 49 | | 2.21 (xiv) alimony received to the extent not included in the recipient's income; |
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50 | 50 | | 2.22 (xv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue |
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51 | 51 | | 2.23Code; |
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52 | 52 | | 2.24 (xvi) the amount deducted for tuition expenses under section 222 of the Internal Revenue |
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53 | 53 | | 2.25Code; and |
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54 | 54 | | 2.26 (xvii) the amount deducted for certain expenses of elementary and secondary school |
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55 | 55 | | 2.27teachers under section 62(a)(2)(D) of the Internal Revenue Code. |
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56 | 56 | | 2.28 In the case of an individual who files an income tax return on a fiscal year basis, the |
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57 | 57 | | 2.29term "federal adjusted gross income" shall mean federal adjusted gross income reflected in |
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58 | 58 | | 2.30the fiscal year ending in the calendar year. Federal adjusted gross income shall not be reduced |
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59 | 59 | | 2.31by the amount of a net operating loss carryback or carryforward or a capital loss carryback |
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60 | 60 | | 2.32or carryforward allowed for the year. |
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61 | 61 | | 2Section 1. |
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62 | 62 | | 25-00557 as introduced12/04/24 REVISOR EAP/VJ 3.1 (b) "Income" does not include: |
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63 | 63 | | 3.2 (1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102; |
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64 | 64 | | 3.3 (2) amounts of any pension or annuity which was exclusively funded by the claimant |
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65 | 65 | | 3.4or spouse and which funding payments were not excluded from federal adjusted gross |
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66 | 66 | | 3.5income in the years when the payments were made; |
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67 | 67 | | 3.6 (3) to the extent included in federal adjusted gross income, amounts contributed by the |
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68 | 68 | | 3.7claimant or spouse to a traditional retirement account or plan or Roth style retirement account |
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69 | 69 | | 3.8or plan, but not to exceed the retirement base amount reduced by the amount of contributions |
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70 | 70 | | 3.9excluded from federal adjusted gross income, but not less than zero; |
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71 | 71 | | 3.10 (4) surplus food or other relief in kind supplied by a governmental agency; |
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72 | 72 | | 3.11 (5) relief granted under this chapter; |
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73 | 73 | | 3.12 (6) child support payments received under a temporary or final decree of dissolution or |
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74 | 74 | | 3.13legal separation; |
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75 | 75 | | 3.14 (7) restitution payments received by eligible individuals and excludable interest as |
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76 | 76 | | 3.15defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001, |
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77 | 77 | | 3.16Public Law 107-16; |
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78 | 78 | | 3.17 (8) alimony paid; or |
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79 | 79 | | 3.18 (9) veterans disability compensation paid under title 38 of the United States Code; or |
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80 | 80 | | 3.19 (10) to the extent not included in federal adjusted gross income, distributions received |
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81 | 81 | | 3.20by the claimant or spouse from a Roth style retirement account or plan. |
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82 | 82 | | 3.21 (c) The sum of the following amounts may be subtracted from income: |
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83 | 83 | | 3.22 (1) for the claimant's first dependent, the exemption amount multiplied by 1.4; |
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84 | 84 | | 3.23 (2) for the claimant's second dependent, the exemption amount multiplied by 1.3; |
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85 | 85 | | 3.24 (3) for the claimant's third dependent, the exemption amount multiplied by 1.2; |
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86 | 86 | | 3.25 (4) for the claimant's fourth dependent, the exemption amount multiplied by 1.1; |
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87 | 87 | | 3.26 (5) for the claimant's fifth dependent, the exemption amount; and |
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88 | 88 | | 3.27 (6) if the claimant or claimant's spouse had a disability or attained the age of 65 on or |
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89 | 89 | | 3.28before December 31 of the year for which the taxes were levied, the exemption amount. |
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90 | 90 | | 3.29 (d) For purposes of this subdivision, the following terms have the meanings given: |
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91 | 91 | | 3Section 1. |
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92 | 92 | | 25-00557 as introduced12/04/24 REVISOR EAP/VJ 4.1 (1) "exemption amount" means the exemption amount under section 290.0121, |
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93 | 93 | | 4.2subdivision 1, paragraph (b), for the taxable year for which the income is reported; |
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94 | 94 | | 4.3 (2) "retirement base amount" means the deductible amount for the taxable year for the |
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95 | 95 | | 4.4claimant and spouse under section 219(b)(5)(A) of the Internal Revenue Code, adjusted for |
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96 | 96 | | 4.5inflation as provided in section 219(b)(5)(C) of the Internal Revenue Code, without regard |
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97 | 97 | | 4.6to whether the claimant or spouse claimed a deduction; and |
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98 | 98 | | 4.7 (3) "traditional or Roth style retirement account or plan" means retirement plans under |
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99 | 99 | | 4.8sections 401, 403, 408, 408A, and 457 of the Internal Revenue Code.; and |
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100 | 100 | | 4.9 (4) "Roth style retirement account or plan" means a retirement plan under section 408A |
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101 | 101 | | 4.10of the Internal Revenue Code or a designated Roth contribution in a separate account in a |
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102 | 102 | | 4.11retirement plan under sections 401, 403, and 457 of the Internal Revenue Code. |
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103 | 103 | | 4.12 EFFECTIVE DATE.This section is effective for claims based on property taxes payable |
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104 | 104 | | 4.13in 2025 and following years. |
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105 | 105 | | 4Section 1. |
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106 | 106 | | 25-00557 as introduced12/04/24 REVISOR EAP/VJ |
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