1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to taxation; income; proposing a credit for graduates of aerospace and |
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3 | 3 | | 1.3 aviation-related educational programs and employers of program graduates; |
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4 | 4 | | 1.4 requiring reports; proposing coding for new law in Minnesota Statutes, chapter |
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5 | 5 | | 1.5 290. |
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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 Sec. 1. [290.0687] AEROSPACE AND AVIATION CREDIT. |
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8 | 8 | | 1.8 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
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9 | 9 | | 1.9the meanings given them. |
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10 | 10 | | 1.10 (b) "Aerospace" means relating to vehicles or objects for the purpose of suborbital, |
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11 | 11 | | 1.11orbital, or space flight, whether for private or public, or civil or defense-related purposes. |
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12 | 12 | | 1.12 (c) "Aviation" means relating to vehicles or objects, except parachutes, for the purpose |
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13 | 13 | | 1.13of controlled flight through the air, regardless of how propelled or controlled, whether |
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14 | 14 | | 1.14manned or unmanned, whether for private or public, or civil or defense-related purposes, |
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15 | 15 | | 1.15or whether equipped with parachute systems. |
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16 | 16 | | 1.16 (d) "Aviation and aerospace sector" means a private or public organization engaged in |
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17 | 17 | | 1.17the manufacture of aviation or aerospace hardware or software, aviation or aerospace |
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18 | 18 | | 1.18maintenance, aviation or aerospace repair and overhaul, supply of parts to the aviation or |
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19 | 19 | | 1.19aerospace industry, provision of services and support relating to the aviation or aerospace |
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20 | 20 | | 1.20industry, research and development of aviation or aerospace technology and systems, or |
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21 | 21 | | 1.21the education and training of aviation or aerospace personnel. |
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22 | 22 | | 1.22 (e) "Compensation" means payments for performance of services for which the payor |
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23 | 23 | | 1.23is required to provide a return pursuant to the Internal Revenue Code, section 6041, or a |
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24 | 24 | | 1Section 1. |
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25 | 25 | | 25-01100 as introduced12/17/24 REVISOR EAP/CH |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 519NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: HAUSCHILD, McEwen and Farnsworth) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading01/23/2025 |
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32 | 32 | | Referred to Taxes 2.1statement pursuant to the Internal Revenue Code, section 6051, to the person paid. |
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33 | 33 | | 2.2Compensation includes wages, salary, or other remuneration, paid to a qualified employee. |
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34 | 34 | | 2.3Compensation does not include employer-provided retirement, medical or health care |
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35 | 35 | | 2.4benefits, or reimbursement for travel, meals, lodging, or any other expense. |
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36 | 36 | | 2.5 (f) "Eligible institution" means any postsecondary institution that participates in the |
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37 | 37 | | 2.6federal Pell Grant Program under Title IV of the Higher Education Act of 1965, Public Law |
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38 | 38 | | 2.789-329, as amended. |
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39 | 39 | | 2.8 (g) "Full-time basis" means at least 40 hours per week. |
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40 | 40 | | 2.9 (h) "Qualified employee" means any person who meets the following requirements: |
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41 | 41 | | 2.10 (1) was newly employed by a qualified employer on a full-time basis, or first contracted |
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42 | 42 | | 2.11with a qualified employer on a full-time basis, on or after January 1, 2026; and |
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43 | 43 | | 2.12 (2) has been awarded, within one year before or after the beginning date of employment, |
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44 | 44 | | 2.13an undergraduate degree, graduate degree, technical degree, or certificate in a qualified |
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45 | 45 | | 2.14program by an qualified institution. |
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46 | 46 | | 2.15 (i) "Qualified employer" means a sole proprietorship, general partnership, limited |
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47 | 47 | | 2.16partnership, limited liability company, corporation, other legally recognized business entity, |
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48 | 48 | | 2.17or public entity whose principal business activity involves the aviation and aerospace sector |
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49 | 49 | | 2.18and who employs a qualified employee. |
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50 | 50 | | 2.19 (j) "Qualified program" means a program at an eligible institution that: |
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51 | 51 | | 2.20 (1) has been accredited by the Engineering Accreditation Commission of the Accreditation |
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52 | 52 | | 2.21Board for Engineering and Technology, the Federal Aviation Administration, or a regional |
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53 | 53 | | 2.22accrediting body and that awards an undergraduate or graduate degree; |
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54 | 54 | | 2.23 (2) is within the meaning of an associate of applied science degree program or career |
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55 | 55 | | 2.24technical education program that results in the awarding of a degree or certificate that |
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56 | 56 | | 2.25prepares the graduate for gainful employment with a qualified employer; or |
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57 | 57 | | 2.26 (3) results in obtaining a certification or rating which directly relates to the aviation and |
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58 | 58 | | 2.27aerospace sector and is granted through the Federal Aviation Administration or regional |
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59 | 59 | | 2.28accredited body. |
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60 | 60 | | 2.29 (k) "Tuition" means the amount paid for enrollment, program-specific course fees, and |
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61 | 61 | | 2.30instruction in a qualified program that includes both amounts paid during participation in |
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62 | 62 | | 2.31a qualified program and amounts paid for tuition debt upon completion of a qualified |
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63 | 63 | | 2Section 1. |
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64 | 64 | | 25-01100 as introduced12/17/24 REVISOR EAP/CH 3.1program. Tuition does not include the cost of books, fees that are not program-specific |
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65 | 65 | | 3.2course fees, or room and board. |
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66 | 66 | | 3.3 Subd. 2.Credit for qualified employees; carryover.(a) A qualified employee is allowed |
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67 | 67 | | 3.4a credit against the tax imposed under this chapter in an amount equal to $5,000 each year |
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68 | 68 | | 3.5in the first through fifth consecutive years of employment with a qualified employer. A |
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69 | 69 | | 3.6qualified employee may claim the credit for the taxable year in which the qualified employee |
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70 | 70 | | 3.7first became eligible for the credit under this section and for each of the four taxable years |
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71 | 71 | | 3.8following the taxable year in which the credit was first allowed. The credit each year is |
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72 | 72 | | 3.9limited to the qualified employee's liability for tax. |
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73 | 73 | | 3.10 (b) If the amount of the credit under this subdivision for any taxable year exceeds the |
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74 | 74 | | 3.11limitations under paragraph (a), the excess is a credit carryover to each of the four succeeding |
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75 | 75 | | 3.12taxable years. The entire amount of the excess unused credit for the taxable year must be |
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76 | 76 | | 3.13carried first to the earliest of the taxable years to which the credit may be carried. The |
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77 | 77 | | 3.14amount of the unused credit that may be added under this paragraph may not exceed the |
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78 | 78 | | 3.15qualified employee's liability for tax, less the credit for the taxable year. The credit may not |
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79 | 79 | | 3.16be carried over to any taxable year after the fourth taxable year following the taxable year |
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80 | 80 | | 3.17in which the credit was first allowed. |
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81 | 81 | | 3.18 Subd. 3.Credit for tuition paid by qualified employers; limitation.(a) A qualified |
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82 | 82 | | 3.19employer is allowed a credit against the tax imposed under this chapter for tuition reimbursed |
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83 | 83 | | 3.20each year to a qualified employee in the first through fifth consecutive years of employment. |
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84 | 84 | | 3.21 (b) The credit equals 50 percent of the amount of tuition reimbursed by the qualified |
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85 | 85 | | 3.22employer to each qualified employee except that the credit must not exceed 50 percent of |
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86 | 86 | | 3.23the average annual amount paid by a qualified employee for enrollment and instruction in |
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87 | 87 | | 3.24a qualified program. The credit is limited to the qualified employer's liability for tax. The |
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88 | 88 | | 3.25credit is not refundable and may not be carried forward. |
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89 | 89 | | 3.26 Subd. 4.Credit for compensation paid by qualified employers; limitation.(a) A |
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90 | 90 | | 3.27qualified employer is allowed a credit against the tax for compensation paid during the |
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91 | 91 | | 3.28taxable year to a qualified employee. The credit is allowed in the first through fifth |
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92 | 92 | | 3.29consecutive years of employment. No credit may be claimed for compensation paid to a |
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93 | 93 | | 3.30qualified employee after the fifth year of employment of the qualified employee. |
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94 | 94 | | 3.31 (b) The credit equals ten percent of the compensation paid to a qualified employee each |
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95 | 95 | | 3.32year. The credit must not exceed $15,000 each year for each qualified employee. The credit |
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96 | 96 | | 3.33is limited to the qualified employer's liability for tax. The credit is not refundable and may |
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97 | 97 | | 3.34not be carried forward. |
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98 | 98 | | 3Section 1. |
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99 | 99 | | 25-01100 as introduced12/17/24 REVISOR EAP/CH 4.1 Subd. 5.Qualified employer credits; pass through entities.Credits under subdivisions |
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100 | 100 | | 4.23 and 4 allowed to a partnership, a limited liability company taxed as a partnership, an S |
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101 | 101 | | 4.3corporation, or multiple owners of property are passed through to the partners, members, |
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102 | 102 | | 4.4shareholders, or owners, respectively, pro rata to each based on the partner's, member's, |
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103 | 103 | | 4.5shareholder's, or owner's share of the entity's assets or as specially allocated in the |
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104 | 104 | | 4.6organizational documents or any other executed agreement, as of the last day of the taxable |
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105 | 105 | | 4.7year. |
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106 | 106 | | 4.8 Subd. 6.Reports.Beginning January 15, 2028, and each year thereafter, the |
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107 | 107 | | 4.9commissioner must submit a written report to the chairs and ranking minority members of |
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108 | 108 | | 4.10the legislative committees with jurisdiction over taxes, in compliance with sections 3.195 |
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109 | 109 | | 4.11and 3.197, on the tax credits issued under this section. The report must include information |
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110 | 110 | | 4.12regarding the cost and effectiveness of the tax credit program. The report may also include |
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111 | 111 | | 4.13any recommendations for changes to law necessary to implement the credit. |
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112 | 112 | | 4.14 Subd. 7.Expiration.No new credits may be earned for taxable years beginning after |
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113 | 113 | | 4.15December 31, 2030. Credits allowed under this section may be claimed for taxable years |
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114 | 114 | | 4.16beginning before January 1, 2035. This section expires January 1, 2035, for taxable years |
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115 | 115 | | 4.17beginning after December 31, 2034. |
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116 | 116 | | 4.18 EFFECTIVE DATE.This section is effective for taxable years beginning after December |
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117 | 117 | | 4.1931, 2025. |
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118 | 118 | | 4Section 1. |
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119 | 119 | | 25-01100 as introduced12/17/24 REVISOR EAP/CH |
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