1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; individual income; corporate franchise; allowing a credit for |
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3 | 3 | | 1.3 local advertising expenses; amending Minnesota Statutes 2024, sections 290.0131, |
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4 | 4 | | 1.4 by adding a subdivision; 290.0133, by adding a subdivision; proposing coding for |
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5 | 5 | | 1.5 new law in Minnesota Statutes, chapter 290. |
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6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision |
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8 | 8 | | 1.8to read: |
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9 | 9 | | 1.9 Subd. 21.Advertising expenses.The amount of qualifying local media advertising |
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10 | 10 | | 1.10expenses used to claim the credit under section 290.0696 is an addition. |
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11 | 11 | | 1.11 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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12 | 12 | | 1.1231, 2024. |
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13 | 13 | | 1.13 Sec. 2. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision |
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14 | 14 | | 1.14to read: |
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15 | 15 | | 1.15 Subd. 16.Advertising expenses.The amount of qualifying local media advertising |
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16 | 16 | | 1.16expenses used to claim the credit under section 290.0696 is an addition. |
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17 | 17 | | 1.17 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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18 | 18 | | 1.1831, 2024. |
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19 | 19 | | 1.19 Sec. 3. [290.0696] CREDIT FOR ADVERTISING IN LOCAL MEDIA. |
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20 | 20 | | 1.20 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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21 | 21 | | 1.21the meanings given. |
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22 | 22 | | 1Sec. 3. |
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23 | 23 | | 25-04271 as introduced03/03/25 REVISOR EAP/VJ |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 2637NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: HAUSCHILD, Kupec, Marty and Nelson) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading03/17/2025 |
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30 | 30 | | Referred to Taxes 2.1 (b) "Applicable percentage" means 80 percent for a taxable year described in subdivision |
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31 | 31 | | 2.22, paragraph (b), and 50 percent for a taxable year described in subdivision 2, paragraph |
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32 | 32 | | 2.3(c). |
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33 | 33 | | 2.4 (c) "Qualified publisher" means a publisher that: |
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34 | 34 | | 2.5 (1) is not an organization described in paragraph (4), (5), or (6) of section 501(c) of the |
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35 | 35 | | 2.6Internal Revenue Code; |
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36 | 36 | | 2.7 (2) is not a political organization, as defined in section 527(e) of the Internal Revenue |
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37 | 37 | | 2.8Code; |
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38 | 38 | | 2.9 (3) is not any organization controlled by one or more organizations described in clause |
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39 | 39 | | 2.10(1) or (2); |
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40 | 40 | | 2.11 (4) is not any organization that received more than $100,000 in the aggregate from |
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41 | 41 | | 2.12organizations described in clauses (1) to (3) in a taxable year; or |
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42 | 42 | | 2.13 (5) does not meet the requirements under clauses (1) to (4) for any period beginning one |
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43 | 43 | | 2.14year before the date of enactment of this section and the date on which a qualifying local |
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44 | 44 | | 2.15media advertising expense is paid or incurred. |
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45 | 45 | | 2.16 (d) "Local news journalist" means any individual who regularly gathers, prepares, |
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46 | 46 | | 2.17produces, collects, edits, photographs, records, directs the recording of, writes, presents, or |
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47 | 47 | | 2.18reports news or information that concerns local events or other matter of local public interest. |
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48 | 48 | | 2.19 (e) "Local newspaper" means any print or digital publication if: |
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49 | 49 | | 2.20 (1) the primary content of the publication is original content derived from primary sources |
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50 | 50 | | 2.21and relating to news and current events in Minnesota; |
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51 | 51 | | 2.22 (2) the publication primarily serves the needs of a regional or local community in this |
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52 | 52 | | 2.23state; |
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53 | 53 | | 2.24 (3) the publisher of the publication: |
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54 | 54 | | 2.25 (i) employs at least one full-time local news journalist who resides in the regional or |
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55 | 55 | | 2.26local community; |
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56 | 56 | | 2.27 (ii) employs not more than 750 employees, of which greater than half are employed in |
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57 | 57 | | 2.28Minnesota; and |
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58 | 58 | | 2.29 (iii) is a qualified publisher. |
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59 | 59 | | 2.30 (f) "Qualifying local media advertising expenses" means any trade or business expense |
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60 | 60 | | 2.31deductible under section 162 of the Internal Revenue Code for: |
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61 | 61 | | 2Sec. 3. |
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62 | 62 | | 25-04271 as introduced03/03/25 REVISOR EAP/VJ 3.1 (1) advertising in a local newspaper; or |
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63 | 63 | | 3.2 (2) advertising on any broadcast radio or television station licensed by the Federal |
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64 | 64 | | 3.3Communications Commission to serve a local community. |
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65 | 65 | | 3.4For purposes of this paragraph, "advertising" includes sponsorships. |
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66 | 66 | | 3.5 (g) "Qualifying taxpayer" means a taxpayer employing an average of less than 50 full-time |
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67 | 67 | | 3.6employees a taxable year, as determined under section 4980H(c)(2) of the Internal Revenue |
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68 | 68 | | 3.7Code. |
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69 | 69 | | 3.8 Subd. 2.Credit allowed.(a) A qualifying taxpayer is allowed a credit against the tax |
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70 | 70 | | 3.9due under this chapter equal to the applicable percentage of the qualifying local media |
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71 | 71 | | 3.10advertising expenses paid by the qualifying taxpayer in a taxable year. |
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72 | 72 | | 3.11 (b) For taxable years beginning after December 31, 2024, and before January 1, 2026, |
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73 | 73 | | 3.12the amount of the credit allowed under paragraph (a) must not exceed $5,000. |
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74 | 74 | | 3.13 (c) For taxable years beginning after December 31, 2025, the amount of the credit allowed |
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75 | 75 | | 3.14under paragraph (a) must not exceed $2,500. |
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76 | 76 | | 3.15 Subd. 3.Limitation; carryover.The credit must not exceed the liability for tax under |
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77 | 77 | | 3.16this chapter. If the amount of the credit allowed exceeds the liability for tax of the taxpayer, |
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78 | 78 | | 3.17the excess is a local advertising credit carryover to each of the five succeeding taxable years. |
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79 | 79 | | 3.18The entire amount of the excess unused credit for the taxable year must be carried first to |
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80 | 80 | | 3.19the earliest of the taxable years to which the credit may be carried and then to each successive |
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81 | 81 | | 3.20year to which the credit may be carried. The amount of the unused credit that may be added |
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82 | 82 | | 3.21under this clause must not exceed the taxpayer's liability for tax under this chapter less the |
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83 | 83 | | 3.22local advertising credit for the taxable year. |
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84 | 84 | | 3.23 Subd. 4.Partnerships; multiple owners.Credits granted to a partnership, a limited |
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85 | 85 | | 3.24liability company taxed as a partnership, or an S corporation are passed through to the |
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86 | 86 | | 3.25partners, members, or shareholders, respectively, pro rata to each partner, member, or |
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87 | 87 | | 3.26shareholder based on their share of the entity's assets or as specially allocated in their |
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88 | 88 | | 3.27organizational documents or any other executed agreement, as of the last day of the taxable |
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89 | 89 | | 3.28year. |
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90 | 90 | | 3.29 Subd. 5.Expiration.The credit under this subdivision expires January 1, 2029, for |
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91 | 91 | | 3.30taxable years beginning after December 31, 2028. |
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92 | 92 | | 3.31 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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93 | 93 | | 3.3231, 2024. |
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94 | 94 | | 3Sec. 3. |
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95 | 95 | | 25-04271 as introduced03/03/25 REVISOR EAP/VJ |
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