Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1428 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to agriculture; expanding eligibility for beginning farmer tax credits;​
33 1.3 amending Minnesota Statutes 2024, section 41B.0391, subdivision 1.​
44 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
55 1.5 Section 1. Minnesota Statutes 2024, section 41B.0391, subdivision 1, is amended to read:​
66 1.6 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
77 1.7the meanings given.​
88 1.8 (b) "Agricultural assets" means agricultural land, livestock, facilities, buildings, and​
99 1.9machinery used for farming in Minnesota.​
10-1.10 (c) "Beginning farmer" means an individual, a limited liability company owned by an​
11-1.11individual, or a limited liability company owned by up to two individuals who are spouses​
12-1.12or family members who:​
13-1.13 (1) is a resident of Minnesota;​
14-1.14 (2) is seeking entry, or has entered within the last ten years, into farming;​
15-1.15 (3) intends to farm land located within the state borders of Minnesota;​
16-1.16 (4) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
17-1.17family member of the owner of the agricultural assets from whom the beginning farmer is​
18-1.18seeking to purchase or rent agricultural assets;​
19-1.19 (5) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
20-1.20family member of a partner, member, shareholder, or trustee of the owner of agricultural​
10+1.10 (c) "Beginning farmer" means an individual or a limited liability company owned by an​
11+1.11individual who:​
12+1.12 (1) is a resident of Minnesota;​
13+1.13 (2) is seeking entry, or has entered within the last ten years, into farming;​
14+1.14 (3) intends to farm land located within the state borders of Minnesota;​
15+1.15 (4) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
16+1.16family member of the owner of the agricultural assets from whom the beginning farmer is​
17+1.17seeking to purchase or rent agricultural assets;​
18+1.18 (5) except as provided in subdivision 2, paragraph (f), is not and whose spouse is not a​
19+1.19family member of a partner, member, shareholder, or trustee of the owner of agricultural​
20+1.20assets from whom the beginning farmer is seeking to purchase or rent agricultural assets;​
21+1.21and​
2122 1​Section 1.​
22-S1428-1 1st EngrossmentSF1428 REVISOR BD​
23+25-02277 as introduced01/23/25 REVISOR BD/EE
2324 SENATE​
2425 STATE OF MINNESOTA​
2526 S.F. No. 1428​NINETY-FOURTH SESSION​
2627 (SENATE AUTHORS: WEBER, Westrom, Putnam, Gustafson and Kupec)​
2728 OFFICIAL STATUS​D-PG​DATE​
28-Introduction and first reading​400​02/17/2025​
29-Referred to Agriculture, Veterans, Broadband, and Rural Development​
30-Comm report: To pass as amended and re-refer to Taxes​03/24/2025​ 2.1assets from whom the beginning farmer is seeking to purchase or rent agricultural assets;​
31-2.2and​
32-2.3 (6) meets the following eligibility requirements as determined by the authority:​
33-2.4 (i) has a net worth that does not exceed the limit provided under section 41B.03,​
34-2.5subdivision 3, paragraph (a), clause (2);​
35-2.6 (ii) provides the majority of the day-to-day physical labor and management of the farm;​
36-2.7 (iii) has, by the judgment of the authority, adequate farming experience or demonstrates​
37-2.8knowledge in the type of farming for which the beginning farmer seeks assistance from the​
38-2.9authority;​
39-2.10 (iv) demonstrates to the authority a profit potential by submitting projected earnings​
40-2.11statements;​
41-2.12 (v) asserts to the satisfaction of the authority that farming will be a significant source​
42-2.13of income for the beginning farmer;​
43-2.14 (vi) is enrolled in or has completed within ten years of their first year of farming a​
44-2.15financial management program approved by the authority or the commissioner of agriculture;​
45-2.16 (vii) agrees to notify the authority if the beginning farmer no longer meets the eligibility​
46-2.17requirements within the three-year certification period, in which case the beginning farmer​
47-2.18is no longer eligible for credits under this section; and​
48-2.19 (viii) has other qualifications as specified by the authority.​
49-2.20The authority may waive the requirement in item (vi) if the participant requests a waiver​
50-2.21and has a four-year degree in an agricultural program or related field, reasonable agricultural​
51-2.22job-related experience, or certification as an adult farm management instructor.​
52-2.23 (d) "Emerging farmer" means an emerging farmer within the meaning of section 17.055,​
53-2.24subdivision 1.​
54-2.25 (e) "Family member" means a family member within the meaning of the Internal Revenue​
55-2.26Code, section 267(c)(4).​
56-2.27 (f) "Farm product" means plants and animals useful to humans and includes, but is not​
57-2.28limited to, forage and sod crops, oilseeds, grain and feed crops, dairy and dairy products,​
58-2.29poultry and poultry products, livestock, fruits, and vegetables.​
59-2.30 (g) "Farming" means the active use, management, and operation of real and personal​
60-2.31property for the production of a farm product.​
29+Introduction and first reading​02/17/2025​
30+Referred to Agriculture, Veterans, Broadband and Rural Development​ 2.1 (6) meets the following eligibility requirements as determined by the authority:​
31+2.2 (i) has a net worth that does not exceed the limit provided under section 41B.03,​
32+2.3subdivision 3, paragraph (a), clause (2);​
33+2.4 (ii) provides the majority of the day-to-day physical labor and management of the farm;​
34+2.5 (iii) has, by the judgment of the authority, adequate farming experience or demonstrates​
35+2.6knowledge in the type of farming for which the beginning farmer seeks assistance from the​
36+2.7authority;​
37+2.8 (iv) demonstrates to the authority a profit potential by submitting projected earnings​
38+2.9statements;​
39+2.10 (v) asserts to the satisfaction of the authority that farming will be a significant source​
40+2.11of income for the beginning farmer;​
41+2.12 (vi) is enrolled in or has completed within ten years of their first year of farming a​
42+2.13financial management program approved by the authority or the commissioner of agriculture;​
43+2.14 (vii) agrees to notify the authority if the beginning farmer no longer meets the eligibility​
44+2.15requirements within the three-year certification period, in which case the beginning farmer​
45+2.16is no longer eligible for credits under this section; and​
46+2.17 (viii) has other qualifications as specified by the authority.​
47+2.18The authority may waive the requirement in item (vi) if the participant requests a waiver​
48+2.19and has a four-year degree in an agricultural program or related field, reasonable agricultural​
49+2.20job-related experience, or certification as an adult farm management instructor.​
50+2.21 (d) "Emerging farmer" means an emerging farmer within the meaning of section 17.055,​
51+2.22subdivision 1.​
52+2.23 (e) "Family member" means a family member within the meaning of the Internal Revenue​
53+2.24Code, section 267(c)(4).​
54+2.25 (f) "Farm product" means plants and animals useful to humans and includes, but is not​
55+2.26limited to, forage and sod crops, oilseeds, grain and feed crops, dairy and dairy products,​
56+2.27poultry and poultry products, livestock, fruits, and vegetables.​
57+2.28 (g) "Farming" means the active use, management, and operation of real and personal​
58+2.29property for the production of a farm product.​
59+2.30 (h) "Limited liability company" means a family farm limited liability company as defined​
60+2.31in section 500.24, subdivision 2, paragraph (l), an authorized farm limited liability company​
6161 2​Section 1.​
62-S1428-1 1st Engrossment​SF1428 REVISOR BD​ 3.1 (h) "Owner of agricultural assets" means an individual, trust, or pass-through entity that​
63-3.2is the owner in fee of agricultural land or has legal title to any other agricultural asset. Owner​
64-3.3of agricultural assets does not mean an equipment dealer, livestock dealer defined in section​
65-3.417A.03, subdivision 7, or comparable entity that is engaged in the business of selling​
66-3.5agricultural assets for profit and that is not engaged in farming as its primary business​
67-3.6activity. An owner of agricultural assets approved and certified by the authority under​
68-3.7subdivision 4 must notify the authority if the owner no longer meets the definition in this​
69-3.8paragraph within the three year certification period and is then no longer eligible for credits​
70-3.9under this section.​
71-3.10 (i) "Resident" has the meaning given in section 290.01, subdivision 7.​
72-3.11 (j) "Share rent agreement" means a rental agreement in which the principal consideration​
73-3.12given to the owner of agricultural assets is a predetermined portion of the production of​
74-3.13farm products produced from the rented agricultural assets and which provides for sharing​
75-3.14production costs or risk of loss, or both.​
62+25-02277 as introduced​01/23/25 REVISOR BD/EE​ 3.1as defined in section 500.24, subdivision 2, paragraph (m), or other limited liability company​
63+3.2authorized to engage in farming and own, acquire, or otherwise obtain an interest in​
64+3.3agricultural land under section 500.24.​
65+3.4 (h) (i) "Owner of agricultural assets" means an individual, trust, or pass-through entity​
66+3.5that is the owner in fee of agricultural land or has legal title to any other agricultural asset.​
67+3.6Owner of agricultural assets does not mean an equipment dealer, livestock dealer defined​
68+3.7in section 17A.03, subdivision 7, or comparable entity that is engaged in the business of​
69+3.8selling agricultural assets for profit and that is not engaged in farming as its primary business​
70+3.9activity. An owner of agricultural assets approved and certified by the authority under​
71+3.10subdivision 4 must notify the authority if the owner no longer meets the definition in this​
72+3.11paragraph within the three year certification period and is then no longer eligible for credits​
73+3.12under this section.​
74+3.13 (i) (j) "Resident" has the meaning given in section 290.01, subdivision 7.​
75+3.14 (j) (k) "Share rent agreement" means a rental agreement in which the principal​
76+3.15consideration given to the owner of agricultural assets is a predetermined portion of the​
77+3.16production of farm products produced from the rented agricultural assets and which provides​
78+3.17for sharing production costs or risk of loss, or both.​
7679 3​Section 1.​
77-S1428-1 1st EngrossmentSF1428 REVISOR BD​
80+25-02277 as introduced01/23/25 REVISOR BD/EE