1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; individual income; repealing advance payments of the child |
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3 | 3 | | 1.3 tax credit; amending Minnesota Statutes 2024, section 289A.08, subdivision 1; |
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4 | 4 | | 1.4 repealing Minnesota Statutes 2024, section 290.0661, subdivisions 8, 9. |
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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 289A.08, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Generally; individuals.(a) A taxpayer must file a return for each taxable |
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8 | 8 | | 1.8year the taxpayer is required to file a return under section 6012 of the Internal Revenue |
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9 | 9 | | 1.9Code or meets the requirements under paragraph (d) to file a return, except that: |
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10 | 10 | | 1.10 (1) an individual who is not a Minnesota resident for any part of the year is not required |
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11 | 11 | | 1.11to file a Minnesota income tax return if the individual's gross income derived from Minnesota |
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12 | 12 | | 1.12sources as determined under sections 290.081, paragraph (a), and 290.17, is less than the |
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13 | 13 | | 1.13filing requirements for a single individual who is a full year resident of Minnesota; |
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14 | 14 | | 1.14 (2) an individual who is a Minnesota resident is not required to file a Minnesota income |
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15 | 15 | | 1.15tax return if the individual's gross income derived from Minnesota sources as determined |
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16 | 16 | | 1.16under section 290.17, less the subtractions allowed under section 290.0132, subdivisions |
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17 | 17 | | 1.1712 and 15, is less than the filing requirements for a single individual who is a full-year |
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18 | 18 | | 1.18resident of Minnesota. |
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19 | 19 | | 1.19 (b) The decedent's final income tax return, and other income tax returns for prior years |
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20 | 20 | | 1.20where the decedent had gross income in excess of the minimum amount at which an |
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21 | 21 | | 1.21individual is required to file and did not file, must be filed by the decedent's personal |
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22 | 22 | | 1.22representative, if any. If there is no personal representative, the return or returns must be |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-04763 as introduced03/07/25 REVISOR EAP/DG |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 2673NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: DRAZKOWSKI and Lucero) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading03/17/2025 |
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31 | 31 | | Referred to Taxes 2.1filed by the transferees, as defined in section 270C.58, subdivision 3, who receive property |
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32 | 32 | | 2.2of the decedent. |
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33 | 33 | | 2.3 (c) The term "gross income," as it is used in this section, has the same meaning given it |
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34 | 34 | | 2.4in section 290.01, subdivision 20. |
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35 | 35 | | 2.5 (d) The commissioner of revenue must annually determine the gross income levels at |
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36 | 36 | | 2.6which individuals are required to file a return for each taxable year based on the amounts |
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37 | 37 | | 2.7allowed as a deduction under section 290.0123. |
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38 | 38 | | 2.8 (e) Notwithstanding paragraph (a), an individual must file a Minnesota income tax return |
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39 | 39 | | 2.9for each taxable year that the taxpayer has made an election to receive advance payments |
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40 | 40 | | 2.10of the child tax credit under section 290.0661, subdivision 8. |
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41 | 41 | | 2.11 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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42 | 42 | | 2.1231, 2025. |
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43 | 43 | | 2.13 Sec. 2. REPEALER. |
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44 | 44 | | 2.14 Minnesota Statutes 2024, section 290.0661, subdivisions 8 and 9, are repealed. |
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45 | 45 | | 2.15 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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46 | 46 | | 2.1631, 2025. |
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47 | 47 | | 2Sec. 2. |
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48 | 48 | | 25-04763 as introduced03/07/25 REVISOR EAP/DG 290.0661 MINNESOTA CHILD TAX CREDIT. |
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49 | 49 | | Subd. 8.Advance payment of credits.(a) The commissioner of revenue must establish a |
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50 | 50 | | process to allow taxpayers to elect to receive one or more advance payments of the credit under |
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51 | 51 | | this section. The amount of advance payments must be based on the taxpayer and commissioner's |
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52 | 52 | | estimate of the amount of credits for which the taxpayer would be eligible in the taxable year |
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53 | 53 | | beginning in the calendar year in which the payments were made. The commissioner must not |
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54 | 54 | | distribute advance payments to a taxpayer who does not elect to receive advance payments. |
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55 | 55 | | (b) The amount of a taxpayer's credit under this section for the taxable year is reduced by the |
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56 | 56 | | amount of advance payments received by the taxpayer in the calendar year during which the taxable |
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57 | 57 | | year began. If a taxpayer's advance payments exceeded the credit the taxpayer was eligible to receive |
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58 | 58 | | for the taxable year, the taxpayer's liability for tax is increased by the difference between the amount |
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59 | 59 | | of advance payments received and the credit amount. |
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60 | 60 | | Subd. 9.Minimum credit.(a) An eligible taxpayer is allowed the greater of the credit allowed |
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61 | 61 | | under subdivision 2 or the minimum credit described in this subdivision. A taxpayer is eligible for |
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62 | 62 | | the minimum credit under this subdivision if: |
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63 | 63 | | (1) the taxpayer received an advance payment of the credit under subdivision 8; and |
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64 | 64 | | (2) the combined amount of the taxpayer's credits under subdivision 2 and section 290.0671, |
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65 | 65 | | after the phaseout in subdivision 4, is greater than $0. |
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66 | 66 | | (b) The credit allowed under this subdivision is equal to 50 percent of the credit received under |
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67 | 67 | | subdivision 2 in the prior taxable year, unless paragraph (c) applies. |
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68 | 68 | | (c) If a taxpayer is claiming fewer qualifying children in the current taxable year than in the |
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69 | 69 | | prior taxable year, the minimum credit allowed under this subdivision is equal to 50 percent of |
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70 | 70 | | credit received under this section in the prior taxable year multiplied by a fraction in which: |
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71 | 71 | | (1) the numerator is the number of qualifying children in the current taxable year; and |
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72 | 72 | | (2) the denominator is the number of qualifying children in the prior taxable year. |
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73 | 73 | | 1R |
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74 | 74 | | APPENDIX |
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75 | 75 | | Repealed Minnesota Statutes: 25-04763 |
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