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Office of the Revisor of Statutes

HF 2498 House Long Description

hf2498 FOURTH ENGROSSMENT Omnibus tax bill modifying provisions relating to income, franchise, sales and use, property, MinnesotaCare, liquor, and other taxes; providing for transfer of funds; providing for a budget reserve; and appropriating money. ARTICLE 1 INCOME AND FRANCHISE TAXES Section 1: Date range extended relating to corporations with foreign sales corporations. Sec. 2: "Clause" changed to "paragraph," income tax reciprocity with state of Wisconsin terminated (pending certain conditions). Sec. 3: "Minnesota alternative minimum taxable income" definition expanded. Sec. 4: Alternative minimum taxable net income deduction limitation exceptions provided. Sec. 5: Apportionment formula application to mail order businesses specified. Sec. 6: Insurance group dividend deduction provided. ARTICLE 2 FEDERAL UPDATE Section 1: Date modified. Sec. 2: Federal regulation code conformity provided. Sec. 3: "Net income" definition modified to conform with Job Creation and Worker Assistance Act. Sec. 4: Federal taxable income additions modified to conform with federal law. Sec. 5: Obsolete language deleted and income tax subtraction "delayed depreciation" clarified. Sec. 6: Federal taxable income definitions pertaining to corporations clarified. Sec. 7: Conforming changes to subtractions from taxable income regulations pertaining to corporations. Sec. 8: "Internal Revenue Code" definition modified. Sec. 9: Credit maximum limit regulations modified to conform with federal law. Sec. 10: Holocaust victims' settlement payments eliminated from alternative minimum taxable income. Sec. 11: Corporate alternative minimum tax depreciation adjustment modified. Sec. 12: Conforming changes. ARTICLE 3 SALES AND USE TAXES Section 1: County payment regulations relating to Indian casinos modified. Sec. 2: Sales tax June requirement of 62 percent raised to 75 percent. Sec. 3: Aggregate and concrete block included in services subject to sales tax. Sec. 4: "Prepared food" definition modified. Sec. 5: "Retailer maintaining a place of business in this state" definition modified. Sec. 6: "Affiliate" defined. Sec. 7: Sales tax exemption for meals served at colleges, universities, and private career school narrowed. Sec. 8: Instructional materials other than textbooks sales tax exemption provided. Sec. 9: Technical. Sec. 10: Items added to list of energy efficient products which are exempt from sales tax. Sec. 11: Technical. Sec. 12: Arts organizations events exemption expanded to include University of Minnesota. Sec. 13: Sales tax exemption for public housing construction materials clarified. Sec. 14: Replacement agricultural processing facility construction materials and equipment sales tax exemption provided. Sec. 15: Hydroelectric generating facility materials and supplies sales tax exemption provided. Sec. 16: Nonprofit arts organization materials, equipment, and supplies sales tax exemption provided. Sec. 17: Tax refund provided for materials and supplies for qualified low-income housing. Sec. 18: Local admission and amusement tax exemption for arts organizations clarified. Sec. 19: Authority to enter into Streamlined sales tax agreement provided. Sec. 20: Bloomington lodging tax increase authorized. Sec. 21: Makeup of St. Paul citizen review board modified. Sec. 22: Effective date modified. Sec. 23: Duluth sales tax technical change provided. Sec. 24: Repealer. Sec. 25: Rochester local lodging tax increase authorized. Sec. 26: Repealer.ARTICLE 4 PROPERTY TAXESSection 1: Payment of property taxes for manufactured homes required. Sec. 2: Manufactured homes property tax exemption provided. Sec. 3: Electric rate reduction provided and clarified. Sec. 4: Jurisdiction of Small Claims Division for Property Tax Cases clarified. Sec. 5: Conforming changes to section 4. Sec. 6: Wind energy conversion systems property tax exemption provided. Sec. 7: Waseca county electric generation facility personal property exemption provided. Sec. 8: Beltrami county electric generation facility personal property exemption provided. Sec. 9: Minneapolis electric generation facility personal property exemption provided. Sec. 10: Shakopee electric generation facility personal property small biomass facility exemption provided. Sec. 11: LTV electrig generation facility personal property exemption provided. Sec. 12: Wind energy production tax imposed. Sec. 13: Wind energy production tax detailed. Sec. 14: Homestead treatment limitation established. Sec. 15: Property tax statement notification to taxpayers regarding manufactured home titles required. Sec. 16: Homestead classification regulations regarding duplexes and triplexes modified. Sec. 17: Allows bed and breakfast establishments to qualify as class 4c property. Sec. 18. Residential homestead market value credit modified. Sec. 19: Agricultural homestead market value credit reduced. Sec. 20: Tax base differential modified. Sec. 21: Homestead and agricultural credit aid net tax capacity calculation procedures modified. Sec. 22: Proposed property tax notification modified. Sec. 23: Lake improvement district itemization standardization required. Sec. 24: Property tax deferred tax payment regulations relating to nonprofit organizations modified. Sec. 25: Cook county road bridge levy expenditures authorized. Sec. 26: Repealer.ARTICLE 5 EDUCATION LEVIES AND REVENUESSection 1: Integration revenue increased for Minneapolis. Sec. 2: Technology and Information Education System data processing joint board lease levies authorized. Sec. 3: Tax levy for judgement authorized. Sec. 4: Safe schools levy raised and renamed. Sec. 5: Referendum conversion adjustment for interest earned modified. Sec. 6: Interactive web-based and independent study programs revenue provision extended. Sec. 7: Web-based and independent study program reimbursement provided. Sec. 8: Westbrook-Walnut Grove disabled access levy authority provided. Sec. 9: Pine City disabled access levy authority provided.ARTICLE 6 AIDS AND LEVIESSection 1: Property tax levies intended to fund required contributions for police and firefighter relief associations reduction prohibited. Sec. 2: Tree growth replacement revenue provided. Sec. 3: Disparity reduction aid increased. Sec. 4: Out of home placement costs aid offset HACA reduction delayed. Sec. 5: "Special levies" definition expanded. Sec. 6: Levy limit base increased. Sec. 7: State takeover adjustments increased. Sec. 8: Levies in excess of levy limits adjusted and regulations clarified. Sec. 9: City aid base increased. Sec. 10: Out of home placement cost reimbursement provided and program implementation delayed. Sec. 11: Apartment tax base replacement aid annual amount set. Sec. 12: County HACA amount added to Apartment Tax base Replacement Aid.ARTICLE 7 ECONOMIC DEVELOPMENTSection 1: Technical. Sec. 2: Border city sales tax exemptions provided. Sec. 3: Increment pooling authorized. Sec. 4: TIF deficit reduction provision usage allowed. Sec. 5: Extended duration abatements established for qualified businesses. Sec. 6: Housing replacement TIF district parcel limit increased. Sec. 7: Albert lea TIF district established. Sec. 8: Rushford TIF extension provided. Sec. 9: Minneapolis TIF district duration extension provided. Sec. 10: Minneapolis TIF duration extensio provided. Sec. 11: Washburn Crosby Mill project grant provided. Sec. 12: Dakota couny TIF district extension provided. Sec. 13: Repealer.ARTICLE 8 MINERALS TAXESSection 1: School levy and aid offsets for taconite school aids restored. Sec. 2: Taconite payment reduction prevented. Sec. 3: Occupation tax statutory references corrected. Sec. 4: Technical. Sec. 5: Taconite school aid minimum guarantee reduced. Sec. 6: Collection and payment of production tax regulations clarified. Sec. 7: Taconite school aid distribution reduced. Sec. 8: Taconite production tax rate of distribution to counties increased. Sec. 9: Taconite production tax rate of distribution for property tax relief reduced. Sec. 10: Taconite economic development fund industry production floor eliminated. Sec. 11: Taconite environmental fund per ton distribution extended. Sec. 12: taconite production tax formulas regarding frozen rates eliminated. Sec. 13: Taconite railroad aid "grandfather" distribution reduced. Sec. 14: "Northeast Minnesota Economic Protection Trust Fund Act" renamed the "Douglas J. Johnson Economic Protection Trust Fund Act." Sec. 15: Economic protection trust fund extended 25 years. Sec. 16: Taconite aid reimbursement technical corrections made. Sec. 17: Additional school district distribution provided. Sec. 18: Revisor instruction.ARTICLE 9 DEPARTMENT OF REVENUE POLICY PROVISIONSSection 1: Time limit for submitting claims for offset established. Sec. 2: Expiration date extended for publication of names of delinquent taxpayers. Sec. 3: Filing deadline for contesting a property tax assessment extended relating to manufactured homes. Sec. 4: Conforming change. Sec. 5: Agricultural property tax classification regulations modified. Sec. 6: Automatic extension to file a partnership, "S" corporation, or fiduciary income tax return provided. Sec. 7: Exemption for amounts paid for legend drugs provided. Sec. 8: Conforming change to section 7. Sec. 9: "Delivered outside of Minnesota" defined. Sec. 10: Exemption for fur clothing delivered outside of Minnesota provided. Sec. 11: "Private communication service" definition modified. Sec. 12: Delivery or distribution charges for printed materials exemptions provided. Sec. 13: Liquor tax exemption for foreign diplomats provided. Sec. 14: Pooling regulations for TIF deficits modified.ARTICLE 10 DEPARTMENT OF REVENUE TECHNICAL PROVISIONSSections 1-18: Technical statutory references added and conforming changes provided. Sec. 19: Fur clothing use tax clarified. Sec. 20: Use tax collection required. Sec. 21: Credit for furriers who pay taxes to other jurisdictions provided.Sections 22-31: Technical and conforming changes. Sec. 32: Repealer.ARTICLE 11 LOCAL LAWSSection 1: Moorhead tax levy authorized. Sec. 2: St. Cloud area cities local taxes authorized to fund regional airport. Taxes detailed.ARTICLE 12 MISCELLANEOUSSection 1: Budget reserve increase provided. Sec. 2: Money credited to Minnesota Conservation Fund account. Sec. 3: Technical. Sec. 4: Technical. Sec. 5: Technical. Sec. 6: Sales tax permit information requirements clarified. Sec. 7: Technical. Sec. 8: Requirement to file and estate tax return modified. Sec. 9: Exchange of data between departments of labor and industry and revenue clarified. Sec. 10: Minnesota estate tax set equal to the state credit allowed. Sec. 11: Technical. Sec. 12: Technical. Sec. 13: Date modified. Sec. 14: "Lawful purpose" definition modified. Sec. 15: School district bonds net debt limit percentage adjusted. Sec. 16: Thief River Falls nonprofit corporation establishment authorized. Sec. 17: Money appropriated. Sec. 18: Repealer.AE