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Minnesota Legislature

Office of the Revisor of Statutes

HF 2833

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:41pm

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; individual income; allowing a subtraction for tip income;
modifying withholding requirements; amending Minnesota Statutes 2016, sections
290.0132, by adding a subdivision; 290.92, subdivisions 1, 2a.

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

Section 1.

Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
to read:


new text begin Subd. 27. new text end

new text begin Tip income. new text end

new text begin The amount of tips that an individual (1) reports to his or her
employer as required under section 6053(a) of the Internal Revenue Code or (2) reports to
the Internal Revenue Service as wages which are subject to notice and demand for payment
of employer taxes under section 3121(q) of the Internal Revenue Code, is a subtraction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December
31, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 290.92, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(1) Wages. For purposes of this section, the term "wages"
means the same as that term is defined in section 3401(a) and (f) of the Internal Revenue
Codenew text begin, except that it excludes amounts eligible to be subtracted under section 290.0132,
subdivision 27
new text end.

(2) Payroll period. For purposes of this section the term "payroll period" means a period
for which a payment of wages is ordinarily made to the employee by the employee's
employer, and the term "miscellaneous payroll period" means a payroll period other than a
daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual payroll
period.

(3) Employee. For purposes of this section the term "employee" means any resident
individual performing services for an employer, either within or without, or both within and
without the state of Minnesota, and every nonresident individual performing services within
the state of Minnesota, the performance of which services constitute, establish, and determine
the relationship between the parties as that of employer and employee. As used in the
preceding sentence, the term "employee" includes an officer of a corporation, and an officer,
employee, or elected official of the United States, a state, or any political subdivision thereof,
or the District of Columbia, or any agency or instrumentality of any one or more of the
foregoing.

(4) Employer. For purposes of this section the term "employer" means any person,
including individuals, fiduciaries, estates, trusts, partnerships, limited liability companies,
and corporations transacting business in or deriving any income from sources within the
state of Minnesota for whom an individual performs or performed any service, of whatever
nature, as the employee of such person, except that if the person for whom the individual
performs or performed the services does not have control of the payment of the wages for
such services, the term "employer," except for purposes of paragraph (1), means the person
having control of the payment of such wages. As used in the preceding sentence, the term
"employer" includes any corporation, individual, estate, trust, or organization which is
exempt from taxation under section 290.05 and further includes, but is not limited to, officers
of corporations who have control, either individually or jointly with another or others, of
the payment of the wages.

(5) Number of withholding exemptions claimed. For purposes of this section, the term
"number of withholding exemptions claimed" means the number of withholding exemptions
claimed in a withholding exemption certificate in effect under subdivision 5, except that if
no such certificate is in effect, the number of withholding exemptions claimed shall be
considered to be zero.

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to payroll periods beginning after December
31, 2019.
new text end

Sec. 3.

Minnesota Statutes 2016, section 290.92, subdivision 2a, is amended to read:


Subd. 2a.

Collection at source.

(1) Deductions. Every employer making payment of
wages shall deduct and withhold upon such wages a tax as provided in this section.

(2) Withholding on payroll period. The employer shall withhold the tax on the basis
of each payroll period or as otherwise provided in this section.

(3) Withholding tables. Unless the amount of tax to be withheld is determined as
provided in subdivision 3, the amount of tax to be withheld for each individual shall be
based upon tables to be prepared and distributed by the commissioner. The tables shall be
computed for the several permissible withholding periods and shall take account of
exemptions allowed under this section; and the amounts computed for withholding shall be
such that the amount withheld for any individual during the individual's taxable year shall
approximate in the aggregate as closely as possible the tax which is levied and imposed
under this chapter for that taxable year, upon the individual's salary, wages, or compensation
for personal services of any kind for the employer.

(4) Miscellaneous payroll period. If wages are paid with respect to a period which is
not a payroll period, the amount to be deducted and withheld shall be that applicable in the
case of a miscellaneous payroll period containing a number of days, including Sundays and
holidays, equal to the number of days in the period with respect to which such wages are
paid.

(5) Miscellaneous payroll period. (a) In any case in which wages are paid by an
employer without regard to any payroll period or other period, the amount to be deducted
and withheld shall be that applicable in the case of a miscellaneous payroll period containing
a number of days equal to the number of days, including Sundays and holidays, which have
elapsed since the date of the last payment of such wages by such employer during the
calendar year, or the date of commencement of employment with such employer during
such year, or January 1 of such year, whichever is the later.

(b) In any case in which the period, or the time described in clause (a), in respect of any
wages is less than one week, the commissioner, under rules prescribed by the commissioner,
may authorize an employer to determine the amount to be deducted and withheld under the
tables applicable in the case of a weekly payroll period, in which case the aggregate of the
wages paid to the employee during the calendar week shall be considered the weekly wages.

(6) Wages computed to nearest dollar. If the wages exceed the highest bracket, in
determining the amount to be deducted and withheld under this subdivision, the wages may,
at the election of the employer, be computed to the nearest dollar.

(7) Rules on withholding. The commissioner may, by rule, authorize employers:

(a) to estimate the wages which will be paid to any employee in any quarter of the
calendar year;

(b) to determine the amount to be deducted and withheld upon each payment of wages
to such employee during such quarter as if the appropriate average of the wages so estimated
constituted the actual wages paid; and

(c) to deduct and withhold upon any payment of wages to such employee during such
quarter such amount as may be necessary to adjust the amount actually deducted and withheld
upon wages of such employee during such quarter to the amount required to be deducted
and withheld during such quarter without regard to this paragraph (7).

(8) Additional withholding. The commissioner is authorized to provide by rule for
increases or decreases in the amount of withholding otherwise required under this section
in cases where the employee requests the changes. Such additional withholding shall for
all purposes be considered tax required to be deducted and withheld under this section.

(9) deleted text beginTips. In the case of tips which constitute wages, this subdivision shall be applicable
only to such tips as are included in a written statement furnished to the employer pursuant
to section 6053 of the Internal Revenue Code and only to the extent that the tax can be
deducted and withheld by the employer, at or after the time such statement is so furnished
and before the close of the calendar year in which such statement is furnished, from such
wages of the employee (excluding tips, but including funds turned over by the employee to
the employer for the purpose of such deduction and withholding) as are under the control
of the employer; and an employer who is furnished by an employee a written statement of
tips (received in a calendar month) pursuant to section 6053 of the Internal Revenue Code
to which subdivision 1 is applicable may deduct and withhold the tax with respect to such
tips from any wages of the employee (excluding tips) under the employer's control, even
though at the time such statement is furnished the total amount of the tips included in
statements furnished to the employer as having been received by the employee in such
calendar month in the course of employment by such employer is less than $20. Such tax
shall not at any time be deducted and withheld in an amount which exceeds the aggregate
of such wages and funds as are under the control of the employer minus any tax required
by other provisions of state or federal law to be collected from such wages and funds.
deleted text end

deleted text begin (10)deleted text end Vehicle fringe benefits. An employer shall not deduct and withhold any tax under
this section with respect to any vehicle fringe benefit provided to an employee if the employer
has so elected for federal purposes and the requirement of and the definition contained in
section 3402(s) of the Internal Revenue Code are complied with.

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to payroll periods beginning after December
31, 2019.
new text end