HF 305

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to taxation; imposing a parking tax on large 
  1.3             parking facilities; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 295. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [295.61] [SPECIAL PARKING TAX.] 
  1.7      Subdivision 1.  [IMPOSITION.] A tax is imposed on large 
  1.8   parking facilities equal to .. percent of the sales tax due 
  1.9   under chapter 297A for parking services provided at the parking 
  1.10  facility for the calendar year. 
  1.11     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
  1.12  the following terms have the meanings given. 
  1.13     (b) "Commissioner" means the commissioner of revenue. 
  1.14     (c) "Large parking facility" means a facility that: 
  1.15     (1) consists of one or more structured parking facilities, 
  1.16  containing two or more levels; 
  1.17     (2) is operated and managed as a single facility with 
  1.18  common or interconnected entrances, exits, and signs; 
  1.19     (3) contains spaces to park at least 10,000 vehicles; and 
  1.20     (4) is open 360 days or more during the year. 
  1.21     Subd. 3.  [PAYMENT.] (a) Each operator of a large parking 
  1.22  facility must make estimated payments of the taxes for the 
  1.23  calendar year in quarterly installments to the commissioner by 
  1.24  April 15, July 15, October 15, and January 15 of the following 
  1.25  calendar year. 
  2.1      (b) Estimated tax payments are not required if: 
  2.2      (1) the tax for the current calendar year is less than 
  2.3   $500; or 
  2.4      (2) the tax for the previous calendar year is less than 
  2.5   $500, if the taxpayer had a tax liability and was doing business 
  2.6   the entire year. 
  2.7      (c) Underpayment of estimated installments bears interest 
  2.8   at the rate specified in section 270.75, from the due date of 
  2.9   the payment until paid or until the due date of the annual 
  2.10  return, whichever comes first.  An underpayment of an estimated 
  2.11  installment is the difference between the amount paid and the 
  2.12  lesser of: 
  2.13     (1) 90 percent of one-quarter of the tax for the calendar 
  2.14  year; or 
  2.15     (2) one-quarter of the total tax for the previous calendar 
  2.16  year if the taxpayer had a tax liability and was doing business 
  2.17  the entire year. 
  2.18     Subd. 4.  [ELECTRONIC FUNDS TRANSFER PAYMENTS.] A taxpayer 
  2.19  with an aggregate tax liability of $120,000 or more during a 
  2.20  fiscal year ending June 30 must remit all liabilities by means 
  2.21  of a funds transfer as defined in section 336.4A-104, paragraph 
  2.22  (a), in the subsequent calendar year.  The funds transfer 
  2.23  payment date, as defined in section 336.4A-401, is on or before 
  2.24  the date the tax is due.  If the date the tax is due is not a 
  2.25  funds-transfer business day, as defined in section 336.4A-105, 
  2.26  paragraph (a), clause (4), the payment date is on or before the 
  2.27  first funds-transfer business day after the date the tax is due. 
  2.28     Subd. 5.  [ANNUAL RETURN.] The taxpayer must file an annual 
  2.29  return reconciling the estimated payments by March 15 of the 
  2.30  following calendar year. 
  2.31     Subd. 6.  [FORM OF RETURNS.] The estimated payments and 
  2.32  annual return must contain the information and be in the form 
  2.33  prescribed by the commissioner. 
  2.34     Subd. 7.  [APPLICATION OF OTHER CHAPTERS.] Unless 
  2.35  specifically provided otherwise by this section, the 
  2.36  enforcement, interest, and penalty provisions under chapter 294, 
  3.1   appeal provisions in sections 289A.43 and 289A.65, criminal 
  3.2   penalties in section 289A.63, refunds provisions in section 
  3.3   289A.50, and collection and rulemaking provisions under chapter 
  3.4   270, apply to a liability for the taxes imposed under this 
  3.5   section. 
  3.6      Subd. 8.  [INTEREST ON OVERPAYMENTS.] Interest must be paid 
  3.7   on an overpayment refunded or credited to the taxpayer from the 
  3.8   date of payment of the tax until the date the refund is paid or 
  3.9   credited.  For purposes of this subdivision, the date of payment 
  3.10  is the due date of the return or the date of actual payment of 
  3.11  the tax, whichever is later. 
  3.12     Subd. 9.  [DEPOSIT OF REVENUES.] The commissioner shall 
  3.13  deposit all revenues, including penalties and interest, derived 
  3.14  from the tax imposed by this section in the general fund. 
  3.15     [EFFECTIVE DATE.] This section is effective for sales made 
  3.16  after June 30, 2003.