HF 1791

as introduced - 88th Legislature (2013 - 2014) Posted on 04/19/2013 10:06am

A bill for an act
relating to taxation; property; establishing an education property tax credit
program; proposing coding for new law in Minnesota Statutes, chapter 273.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [273.90] EDUCATION PROPERTY TAX CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Qualifying child" means a child who is: (1) at least five years old, but not
older than 18 years; and (2) enrolled as a kindergarten through 12th grade student in a
nonpublic school, or is receiving alternative homeschool instruction, in compliance with
sections 120A.22 and 120A.24.
new text end

new text begin (c) "Qualifying owner" means a person who is: (1) liable for tax on homestead
property under this chapter; (2) the parent or legal guardian of a qualifying child; and (3)
pays education-related expenses for the qualifying child.
new text end

new text begin (d) "Education-related expenses" has the meaning given under section 290.0674
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; amount of credit. new text end

new text begin A qualifying owner is due a credit against
the tax levied on property under this chapter. The credit is equal to the lesser of: (1) the
amount of education-related expenses for all qualifying children; or (2) the amount of
property taxes designated as payable to a school district on the qualifying owner's property
tax statement. A qualifying owner is not eligible for the credit if they are the parent or
legal guardian of both a qualifying child and a child that attends public school.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin To qualify for the tax credit, a qualifying owner must file
with the county by January 2 of any year an application, signed by the qualifying owner,
that includes sufficient information for the county auditor to compute and certify the credit
under subdivision 4. The application must include: (1) a statement that the person is a
qualifying owner of the property; (2) the name and school enrollment information for any
qualifying child for whom the qualifying owner has incurred education-related expenses;
and (3) the amount of education-related expense the qualifying owner has incurred. The
application shall be on a form prescribed by the commissioner of revenue and shall be
verified by the school in which each child is enrolled, if applicable.
new text end

new text begin Subd. 4. new text end

new text begin Credit provided; certification. new text end

new text begin (a) The county auditor shall compute a
credit for taxes payable in the year following the year in which a qualifying owner submits
an application under subdivision 3. The county auditor shall certify the credits granted
under this section to each school district. When the property of any qualifying person is
assessable in several school districts, the credit in each school district shall be computed
and certified separately.
new text end

new text begin (b) The county assessor shall indicate the amount of the property tax reduction on
the property tax statement of each taxpayer receiving a credit under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2014 and
thereafter.
new text end