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Minnesota Legislature

Office of the Revisor of Statutes

HF 468

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to taxation; sales and use; providing an exemption for a certain nonprofit
arena board and construction of a certain community arena; amending Minnesota
Statutes 2018, sections 297A.70, by adding a subdivision; 297A.71, by adding a
subdivision; 297A.75, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 297A.70, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin Nonprofit arena board. new text end

new text begin Sales to an organization that exists primarily for the
purpose of owning or operating facilities that are part of the Lake of the Woods International
Arena are exempt if the organization is a private, nonprofit corporation exempt from federal
income taxation under section 501(c)(3) of the Internal Revenue Code.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for sales and purchases made after June
30, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 297A.71, is amended by adding a subdivision to
read:


new text begin Subd. 51. new text end

new text begin Community arena construction. new text end

new text begin (a) Materials and supplies used or consumed
in, and equipment incorporated into, the construction or improvement of the Lake of the
Woods Community Arena are exempt. The tax on purchases exempt under this subdivision
must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied
and then refunded in the manner provided in section 297A.75.
new text end

new text begin (b) The exemption under this subdivision is effective for purchases made after March
30, 2018, and before April 1, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 30, 2018.
new text end

Sec. 3.

Minnesota Statutes 2018, section 297A.75, subdivision 1, is amended to read:


Subdivision 1.

Tax collected.

The tax on the gross receipts from the sale of the following
exempt items must be imposed and collected as if the sale were taxable and the rate under
section 297A.62, subdivision 1, applied. The exempt items include:

(1) building materials for an agricultural processing facility exempt under section
297A.71, subdivision 13;

(2) building materials for mineral production facilities exempt under section 297A.71,
subdivision 14
;

(3) building materials for correctional facilities under section 297A.71, subdivision 3;

(4) building materials used in a residence for disabled veterans exempt under section
297A.71, subdivision 11;

(5) elevators and building materials exempt under section 297A.71, subdivision 12;

(6) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23
;

(7) materials, supplies, and equipment for municipal electric utility facilities under
section 297A.71, subdivision 35;

(8) equipment and materials used for the generation, transmission, and distribution of
electrical energy and an aerial camera package exempt under section 297A.68, subdivision
37;

(9) commuter rail vehicle and repair parts under section 297A.70, subdivision 3, paragraph
(a), clause (10);

(10) materials, supplies, and equipment for construction or improvement of projects and
facilities under section 297A.71, subdivision 40;

(11) materials, supplies, and equipment for construction, improvement, or expansion
of:

(i) an aerospace defense manufacturing facility exempt under Minnesota Statutes 2014,
section 297A.71, subdivision 42;

(ii) a biopharmaceutical manufacturing facility exempt under section 297A.71, subdivision
45
;

(iii) a research and development facility exempt under Minnesota Statutes 2014, section
297A.71, subdivision 46; and

(iv) an industrial measurement manufacturing and controls facility exempt under
Minnesota Statutes 2014, section 297A.71, subdivision 47;

(12) enterprise information technology equipment and computer software for use in a
qualified data center exempt under section 297A.68, subdivision 42;

(13) materials, supplies, and equipment for qualifying capital projects under section
297A.71, subdivision 44, paragraph (a), clause (1), and paragraph (b);

(14) items purchased for use in providing critical access dental services exempt under
section 297A.70, subdivision 7, paragraph (c);

(15) items and services purchased under a business subsidy agreement for use or
consumption primarily in greater Minnesota exempt under section 297A.68, subdivision
44
;new text begin and
new text end

(16) building materials, equipment, and supplies for constructing or replacing real
property exempt under section 297A.71, deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 49; deleted text beginanddeleted text endnew text begin 50, paragraph
(b); and 51.
new text end

deleted text begin (17) building materials, equipment, and supplies for constructing or replacing real
property exempt under section 297A.71, subdivision 50, paragraph (b).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 30, 2018.
new text end

Sec. 4.

Minnesota Statutes 2018, section 297A.75, subdivision 2, is amended to read:


Subd. 2.

Refund; eligible persons.

Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must
be paid to the applicant. Only the following persons may apply for the refund:

(1) for subdivision 1, clauses (1), (2), and (14), the applicant must be the purchaser;

(2) for subdivision 1, clause (3), the applicant must be the governmental subdivision;

(3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits
provided in United States Code, title 38, chapter 21;

(4) for subdivision 1, clause (5), the applicant must be the owner of the homestead
property;

(5) for subdivision 1, clause (6), the owner of the qualified low-income housing project;

(6) for subdivision 1, clause (7), the applicant must be a municipal electric utility or a
joint venture of municipal electric utilities;

(7) for subdivision 1, clauses (8), (11), (12), and (15), the owner of the qualifying
business;

(8) for subdivision 1, clauses (9), (10), and (13), the applicant must be the governmental
entity that owns or contracts for the project or facility;new text begin and
new text end

(9) for subdivision 1, clause (16), the applicant must be the owner or developer of the
building or projectdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) for subdivision 1, clause (17), the applicant must be the owner or developer of the
building or project.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 30, 2018.
new text end

Sec. 5.

Minnesota Statutes 2018, section 297A.75, subdivision 3, is amended to read:


Subd. 3.

Application.

(a) The application must include sufficient information to permit
the commissioner to verify the tax paid. If the tax was paid by a contractor, subcontractor,
or builder, under subdivision 1, clauses (3) to (13) deleted text beginordeleted text endnew text begin,new text end (15) deleted text beginto (17)deleted text endnew text begin, or (16)new text end, the contractor,
subcontractor, or builder must furnish to the refund applicant a statement including the cost
of the exempt items and the taxes paid on the items unless otherwise specifically provided
by this subdivision. The provisions of sections 289A.40 and 289A.50 apply to refunds under
this section.

(b) An applicant may not file more than two applications per calendar year for refunds
for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 30, 2018.
new text end