SF 1358

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; restricting eligibility for 
  1.3             property tax refunds for claimants who receive certain 
  1.4             payments; amending Minnesota Statutes 2002, section 
  1.5             290A.03, subdivision 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 290A.03, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [CLAIMANT.] (a) "Claimant" means a person, other 
  1.10  than a dependent, as defined under sections 151 and 152 of the 
  1.11  Internal Revenue Code disregarding section 152(b)(3) of the 
  1.12  Internal Revenue Code, who filed a claim authorized by this 
  1.13  chapter and who was a resident of this state as provided in 
  1.14  chapter 290 during the calendar year for which the claim for 
  1.15  relief was filed. 
  1.16     (b) In the case of a claim relating to rent constituting 
  1.17  property taxes, the claimant shall have resided in a rented or 
  1.18  leased unit on which ad valorem taxes or payments made in lieu 
  1.19  of ad valorem taxes, including payments of special assessments 
  1.20  imposed in lieu of ad valorem taxes, are payable at some time 
  1.21  during the calendar year covered by the claim.  
  1.22     (c) "Claimant" shall not include: 
  1.23     (1) a resident of a nursing home, intermediate care 
  1.24  facility, or long-term residential facility whose rent 
  1.25  constituting property taxes is paid pursuant to the supplemental 
  2.1   security income program under title XVI of the Social Security 
  2.2   Act, the Minnesota supplemental aid program under sections 
  2.3   256D.35 to 256D.54, the medical assistance program pursuant to 
  2.4   title XIX of the Social Security Act, or the general assistance 
  2.5   medical care program pursuant to section 256D.03, subdivision 3. 
  2.6   If only a portion of the rent constituting property taxes is 
  2.7   paid by these programs, the resident shall be a claimant for 
  2.8   purposes of this chapter, but the refund calculated pursuant to 
  2.9   section 290A.04 shall be multiplied by a fraction, the numerator 
  2.10  of which is income as defined in subdivision 3, paragraphs (1) 
  2.11  and (2), reduced by the total amount of income from the above 
  2.12  sources other than vendor payments under the medical assistance 
  2.13  program or the general assistance medical care program and the 
  2.14  denominator of which is income as defined in subdivision 3, 
  2.15  paragraphs (1) and (2), plus vendor payments under the medical 
  2.16  assistance program or the general assistance medical care 
  2.17  program, to determine the allowable refund pursuant to this 
  2.18  chapter; or 
  2.19     (2) an individual whose rent constituting property taxes is 
  2.20  paid in whole or in part by the group residential housing 
  2.21  program under chapter 256I. 
  2.22     (d) Notwithstanding paragraph (c), if the claimant was a 
  2.23  resident of the nursing home, intermediate care facility or, 
  2.24  long-term residential facility, or facility for which the rent 
  2.25  was paid for the claimant by the group residential housing 
  2.26  program for only a portion of the calendar year covered by the 
  2.27  claim, the claimant may compute rent constituting property taxes 
  2.28  by disregarding the rent constituting property taxes from the 
  2.29  nursing home, intermediate care facility, or long-term 
  2.30  residential facility and use only that amount of rent 
  2.31  constituting property taxes or property taxes payable relating 
  2.32  to that portion of the year when the claimant was not in the 
  2.33  facility.  The claimant's household income is the income for the 
  2.34  entire calendar year covered by the claim.  
  2.35     (e) In the case of a claim for rent constituting property 
  2.36  taxes of a part-year Minnesota resident, the income and rental 
  3.1   reflected in this computation shall be for the period of 
  3.2   Minnesota residency only.  Any rental expenses paid which may be 
  3.3   reflected in arriving at federal adjusted gross income cannot be 
  3.4   utilized for this computation.  When two individuals of a 
  3.5   household are able to meet the qualifications for a claimant, 
  3.6   they may determine among them as to who the claimant shall be. 
  3.7   If they are unable to agree, the matter shall be referred to the 
  3.8   commissioner of revenue whose decision shall be final.  If a 
  3.9   homestead property owner was a part-year Minnesota resident, the 
  3.10  income reflected in the computation made pursuant to section 
  3.11  290A.04 shall be for the entire calendar year, including income 
  3.12  not assignable to Minnesota. 
  3.13     (f) If a homestead is occupied by two or more renters, who 
  3.14  are not husband and wife, the rent shall be deemed to be paid 
  3.15  equally by each, and separate claims shall be filed by each.  
  3.16  The income of each shall be each renter's household income for 
  3.17  purposes of computing the amount of credit to be allowed. 
  3.18     [EFFECTIVE DATE.] This section is effective for claims 
  3.19  based on rent paid in 2003 and thereafter.