Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1419 Latest Draft

Bill / Engrossed Version Filed 03/06/2025

                            1.1	A bill for an act​
1.2 relating to taxation; individual income; eliminating the cap on the available amount​
1.3 of the credit for owners of agricultural assets; amending Minnesota Statutes 2024,​
1.4 sections 41B.0391, subdivisions 1, 2, 4, 6; 290.06, subdivision 37.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 41B.0391, subdivision 1, is amended to read:​
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.8the meanings given.​
1.9 (b) "Agricultural assets" means agricultural land, livestock, facilities, buildings, and​
1.10machinery used for farming in Minnesota.​
1.11 (c) "Beginning farmer" means an individual who:​
1.12 (1) is a resident of Minnesota;​
1.13 (2) is seeking entry, or has entered within the last ten years, into farming;​
1.14 (3) intends to farm land located within the state borders of Minnesota;​
1.15 (4) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
1.16family member of the owner of the agricultural assets from whom the beginning farmer is​
1.17seeking to purchase or rent agricultural assets;​
1.18 (5) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
1.19family member of a partner, member, shareholder, or trustee of the owner of agricultural​
1.20assets from whom the beginning farmer is seeking to purchase or rent agricultural assets;​
1.21and​
1​Section 1.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1419​NINETY-FOURTH SESSION​
(SENATE AUTHORS: PUTNAM, Weber, Hauschild, Dornink and Nelson)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​398​02/17/2025​
Referred to Taxes​
Comm report: To pass as amended and re-refer to Agriculture, Veterans, Broadband, and Rural​
Development​
03/06/2025​
Author added Nelson​ 2.1 (6) meets the following eligibility requirements as determined by the authority:​
2.2 (i) has a net worth that does not exceed the limit provided under section 41B.03,​
2.3subdivision 3, paragraph (a), clause (2);​
2.4 (ii) provides the majority of the day-to-day physical labor and management of the farm;​
2.5 (iii) has, by the judgment of the authority, adequate farming experience or demonstrates​
2.6knowledge in the type of farming for which the beginning farmer seeks assistance from the​
2.7authority;​
2.8 (iv) demonstrates to the authority a profit potential by submitting projected earnings​
2.9statements;​
2.10 (v) asserts to the satisfaction of the authority that farming will be a significant source​
2.11of income for the beginning farmer;​
2.12 (vi) is enrolled in or has completed within ten years of their first year of farming a​
2.13financial management program approved by the authority or the commissioner of agriculture;​
2.14 (vii) agrees to notify the authority if the beginning farmer no longer meets the eligibility​
2.15requirements within the three-year certification period, in which case the beginning farmer​
2.16is no longer eligible for credits under this section; and​
2.17 (viii) has other qualifications as specified by the authority.​
2.18The authority may waive the requirement in item (vi) if the participant requests a waiver​
2.19and has a four-year degree in an agricultural program or related field, reasonable agricultural​
2.20job-related experience, or certification as an adult farm management instructor.​
2.21 (d) "Emerging farmer" means an emerging farmer within the meaning of section 17.055,​
2.22subdivision 1.​
2.23 (e) (d) "Family member" means a family member within the meaning of the Internal​
2.24Revenue Code, section 267(c)(4).​
2.25 (f) (e) "Farm product" means plants and animals useful to humans and includes, but is​
2.26not limited to, forage and sod crops, oilseeds, grain and feed crops, dairy and dairy products,​
2.27poultry and poultry products, livestock, fruits, and vegetables.​
2.28 (g) (f) "Farming" means the active use, management, and operation of real and personal​
2.29property for the production of a farm product.​
2.30 (g) "Limited land access farmer" means a farmer experiencing limited land access as​
2.31defined in section 17.133, subdivision 1.​
2​Section 1.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 3.1 (h) "Owner of agricultural assets" means an individual, trust, or pass-through entity that​
3.2is the owner in fee of agricultural land or has legal title to any other agricultural asset. Owner​
3.3of agricultural assets does not mean an equipment dealer, livestock dealer defined in section​
3.417A.03, subdivision 7, or comparable entity that is engaged in the business of selling​
3.5agricultural assets for profit and that is not engaged in farming as its primary business​
3.6activity. An owner of agricultural assets approved and certified by the authority under​
3.7subdivision 4 must notify the authority if the owner no longer meets the definition in this​
3.8paragraph within the three year certification period and is then no longer eligible for credits​
3.9under this section.​
3.10 (i) "Resident" has the meaning given in section 290.01, subdivision 7.​
3.11 (j) "Share rent agreement" means a rental agreement in which the principal consideration​
3.12given to the owner of agricultural assets is a predetermined portion of the production of​
3.13farm products produced from the rented agricultural assets and which provides for sharing​
3.14production costs or risk of loss, or both.​
3.15 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
3.1631, 2024.​
3.17 Sec. 2. Minnesota Statutes 2024, section 41B.0391, subdivision 2, is amended to read:​
3.18 Subd. 2.Tax credit for owners of agricultural assets.(a) An owner of agricultural​
3.19assets may take a credit against the tax due under chapter 290 for the sale or rental of​
3.20agricultural assets to a beginning farmer in the amount allocated by the authority under​
3.21subdivision 4. An owner of agricultural assets is eligible for allocation of a credit equal to:​
3.22 (1) eight percent of the lesser of the sale price or the fair market value of the agricultural​
3.23asset, up to a maximum of $50,000;​
3.24 (2) ten percent of the gross rental income in each of the first, second, and third years of​
3.25a rental agreement, up to a maximum of $7,000 per year; or​
3.26 (3) 15 percent of the cash equivalent of the gross rental income in each of the first,​
3.27second, and third years of a share rent agreement, up to a maximum of $10,000 per year.​
3.28 (b) A qualifying rental agreement includes cash rent of agricultural assets or a share rent​
3.29agreement. The agricultural asset must be rented at prevailing community rates as determined​
3.30by the authority.​
3.31 (c) The credit may be claimed only after approval and certification by the authority, and​
3.32is limited to the amount stated on the certificate issued under subdivision 4. An owner of​
3​Sec. 2.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 4.1agricultural assets must apply to the authority for certification and allocation of a credit, in​
4.2a form and manner prescribed by the authority. Applications for credits allowed under​
4.3paragraph (a), clause (1), are due by November 1, 2025, and each year thereafter.​
4.4Applications for credits allowed under paragraph (a), clauses (2) and (3), are due by July​
4.51, 2025, and each year thereafter.​
4.6 (d) An owner of agricultural assets or beginning farmer may terminate a rental agreement,​
4.7including a share rent agreement, for reasonable cause upon approval of the authority. If a​
4.8rental agreement is terminated without the fault of the owner of agricultural assets, the tax​
4.9credits shall not be retroactively disallowed. In determining reasonable cause, the authority​
4.10must look at which party was at fault in the termination of the agreement. If the authority​
4.11determines the owner of agricultural assets did not have reasonable cause, the owner of​
4.12agricultural assets must repay all credits received as a result of the rental agreement to the​
4.13commissioner of revenue. The repayment is additional income tax for the taxable year in​
4.14which the authority makes its decision or when a final adjudication under subdivision 5,​
4.15paragraph (a), is made, whichever is later.​
4.16 (e) The credit is limited to the liability for tax as computed under chapter 290 for the​
4.17taxable year. If the amount of the credit determined under this section for any taxable year​
4.18exceeds this limitation, the excess is a beginning farmer incentive credit carryover according​
4.19to section 290.06, subdivision 37.​
4.20 (f) For purposes of the credit for the sale of agricultural land only, the family member​
4.21definitional exclusions in subdivision 1, paragraph (c), clauses (4) and (5), do not apply.​
4.22For a sale to a family member to qualify for the credit, the sales price of the agricultural​
4.23land must equal or exceed the assessed value of the land as of the date of the sale. For​
4.24purposes of this paragraph, "sale to a family member" means a sale to a beginning farmer​
4.25in which the beginning farmer or the beginning farmer's spouse is a family member of:​
4.26 (1) the owner of the agricultural land; or​
4.27 (2) a partner, member, shareholder, or trustee of the owner of the agricultural land.​
4.28 (g) For a sale to an emerging a limited land access farmer, the credit rate under paragraph​
4.29(a), clause (1), is twelve percent rather than eight percent.​
4.30 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
4.3131, 2024.​
4.32 Sec. 3. Minnesota Statutes 2024, section 41B.0391, subdivision 4, is amended to read:​
4.33 Subd. 4.Authority duties.(a) The authority shall:​
4​Sec. 3.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 5.1 (1) approve and certify or recertify beginning farmers as eligible for the program under​
5.2this section;​
5.3 (2) approve and certify or recertify owners of agricultural assets as eligible for the tax​
5.4credit under subdivision 2 subject to the allocation limits in paragraph (c);​
5.5 (3) provide necessary and reasonable assistance and support to beginning farmers for​
5.6qualification and participation in financial management programs approved by the authority;​
5.7 (4) refer beginning farmers to agencies and organizations that may provide additional​
5.8pertinent information and assistance; and​
5.9 (5) notwithstanding section 41B.211, the Rural Finance Authority must share information​
5.10with the commissioner of revenue to the extent necessary to administer provisions under​
5.11this subdivision and section 290.06, subdivisions 37 and 38. The Rural Finance Authority​
5.12must annually notify the commissioner of revenue of approval and certification or​
5.13recertification of beginning farmers and owners of agricultural assets under this section.​
5.14For credits under subdivision 2, the notification must include the amount of credit approved​
5.15by the authority and stated on the credit certificate.​
5.16 (b) The certification of a beginning farmer or an owner of agricultural assets under this​
5.17section is valid for the year of the certification and the two following years, after which​
5.18time the beginning farmer or owner of agricultural assets must apply to the authority for​
5.19recertification.​
5.20 (c) For credits for owners of agricultural assets allowed under subdivision 2, the authority​
5.21must not allocate more than $6,500,000 for taxable years beginning after December 31,​
5.222022, and before January 1, 2024, and $4,000,000 for taxable years beginning after December​
5.2331, 2023. The authority must allocate credits on a first-come, first-served basis beginning​
5.24on January 1 of each year, except that recertifications for the second and third years of​
5.25credits under subdivision 2, paragraph (a), clauses (1) and (2), have first priority. Any​
5.26amount authorized but not allocated for taxable years ending before January 1, 2023, is​
5.27canceled and is not allocated for future taxable years. For taxable years beginning after​
5.28December 31, 2022, any amount authorized but not allocated in any taxable year does not​
5.29cancel and is added to the allocation for the next taxable year. For each taxable year, 50​
5.30percent of newly allocated credits must be allocated to emerging farmers. Any portion of a​
5.31taxable year's newly allocated credits that is reserved for emerging farmers that is not​
5.32allocated by September 30 of the taxable year is available for allocation to other credit​
5.33allocations beginning on October 1.​
5​Sec. 3.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 6.1 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
6.231, 2024.​
6.3 Sec. 4. Minnesota Statutes 2024, section 41B.0391, subdivision 6, is amended to read:​
6.4 Subd. 6.Report to legislature.(a) No later than February 1, 2024, the Rural Finance​
6.5Authority, in consultation with the commissioner of revenue, must provide a report to the​
6.6chairs and ranking minority members of the legislative committees having jurisdiction over​
6.7agriculture, economic development, rural development, and taxes, in compliance with​
6.8sections 3.195 and 3.197, on the beginning farmer tax credits under this section issued in​
6.9tax years beginning after December 31, 2017, and before January 1, 2024.​
6.10 (b) The report must include background information on beginning farmers in Minnesota​
6.11and any other information the commissioner and authority find relevant to evaluating the​
6.12effect of the credits on increasing opportunities for and the number of beginning farmers.​
6.13 (c) For credits issued under subdivision 2, paragraph (a), clauses (1) to (3), the report​
6.14must include:​
6.15 (1) the number and amount of credits issued under each clause;​
6.16 (2) the geographic distribution of credits issued under each clause;​
6.17 (3) the type of agricultural assets for which credits were issued under clause (1);​
6.18 (4) the number and geographic distribution of beginning farmers whose purchase or​
6.19rental of assets resulted in credits for the seller or owner of the asset;​
6.20 (5) the number and amount of credits disallowed under subdivision 2, paragraph (d);​
6.21and​
6.22 (6) data on the number of beginning farmers by geographic region in calendar years​
6.232017 through 2023, including:​
6.24 (i) the number of beginning farmers by race and ethnicity, as those terms are applied in​
6.25the 2020 United States Census; and​
6.26 (ii) to the extent available, the number of beginning farmers who are emerging limited​
6.27land access farmers; and.​
6.28 (7) the number and amount of credit applications that exceeded the allocation available​
6.29in each year.​
6.30 (d) For credits issued under subdivision 3, the report must include:​
6.31 (1) the number and amount of credits issued;​
6​Sec. 4.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 7.1 (2) the geographic distribution of credits;​
7.2 (3) a listing and description of each approved financial management program for which​
7.3credits were issued; and​
7.4 (4) a description of the approval procedure for financial management programs not on​
7.5the list maintained by the authority, as provided in subdivision 3, paragraph (a).​
7.6 EFFECTIVE DATE.This section is effective for reports due for credits issued for​
7.7taxable years beginning after December 31, 2024.​
7.8 Sec. 5. Minnesota Statutes 2024, section 290.06, subdivision 37, is amended to read:​
7.9 Subd. 37.Beginning farmer incentive credit.(a) A beginning farmer incentive credit​
7.10is allowed against the tax due under this chapter for the sale or rental of agricultural assets​
7.11to a beginning farmer according to section 41B.0391, subdivision 2, and is limited to the​
7.12amount stated on the certificate issued under section 41B.0391, subdivision 4.​
7.13 (b) The credit may be claimed only after approval and certification by the Rural Finance​
7.14Authority according to section 41B.0391.​
7.15 (c) The credit is limited to the liability for tax, as computed under this chapter, for the​
7.16taxable year. If the amount of the credit determined under this subdivision for any taxable​
7.17year exceeds this limitation, the excess is a beginning farmer incentive credit carryover to​
7.18each of the 15 succeeding taxable years. The entire amount of the excess unused credit for​
7.19the taxable year is carried first to the earliest of the taxable years to which the credit may​
7.20be carried and then to each successive year to which the credit may be carried. The amount​
7.21of the unused credit which may be added under this paragraph must not exceed the taxpayer's​
7.22liability for tax, less the beginning farmer incentive credit for the taxable year.​
7.23 (d) Credits allowed to a partnership, a limited liability company taxed as a partnership,​
7.24an S corporation, or multiple owners of property are passed through to the partners, members,​
7.25shareholders, or owners, respectively, pro rata to each based on the partner's, member's,​
7.26shareholder's, or owner's share of the entity's assets or as specially allocated in the​
7.27organizational documents or any other executed agreement, as of the last day of the taxable​
7.28year.​
7.29 (e) For a nonresident or part-year resident, the credit under this section must be allocated​
7.30using the percentage calculated in section 290.06, subdivision 2c, paragraph (e).​
7.31 (f) Notwithstanding the approval and certification by the Rural Finance Authority under​
7.32section 41B.0391, the commissioner may utilize any audit and examination powers under​
7​Sec. 5.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​ 8.1chapter 270C or 289A to the extent necessary to verify that the taxpayer is eligible for the​
8.2credit and to assess for the amount of any improperly claimed credit.​
8.3 (g) This subdivision expires at the same time and on the same terms as section 41B.0391,​
8.4except that the expiration of this subdivision does not affect the commissioner of revenue's​
8.5authority to audit or power of examination and assessment for credits claimed under this​
8.6subdivision.​
8.7 EFFECTIVE DATE.This section is effective for taxable years beginning after December​
8.831, 2024.​
8​Sec. 5.​
S1419-1 1st Engrossment​SF1419 REVISOR EAP​