SF 1518

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

  1.1                          A bill for an act 
  1.2             relating to economic development; authorizing the 
  1.3             establishing of an airport impact tax free zone; 
  1.4             providing tax exemptions for certain individuals and 
  1.5             business entities in the zone; providing for repayment 
  1.6             of tax benefits under certain circumstances; amending 
  1.7             Minnesota Statutes 2002, sections 272.02, by adding a 
  1.8             subdivision; 290.01, subdivisions 19b, 29; 290.06, 
  1.9             subdivision 2c; 290.067, subdivision 1; 290.0671, 
  1.10            subdivision 1; 290.091, subdivision 2; 290.0921, 
  1.11            subdivision 3; 290.0922, subdivision 3; 297A.68, by 
  1.12            adding a subdivision; 297B.03; proposing coding for 
  1.13            new law in Minnesota Statutes, chapter 469. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [LEGISLATIVE FINDINGS.] 
  1.16     The legislature finds, as a result of expansion of 
  1.17  facilities and operations at the Minneapolis-St. Paul 
  1.18  International Airport, that: 
  1.19     (1) areas near to the airport are experiencing or will 
  1.20  experience significant adverse environmental and socioeconomic 
  1.21  impacts associated with the airport's operations; 
  1.22     (2) residential and other incompatible uses located near 
  1.23  the airport should be converted to commercial, warehouse, 
  1.24  industrial, or other uses that are not as affected by the 
  1.25  airport noise; and 
  1.26     (3) providing tax incentives to property owners, investors, 
  1.27  and developers is an effective means to encourage private 
  1.28  entities to undertake the conversion of properties to more 
  1.29  compatible uses. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 272.02, is 
  2.2   amended by adding a subdivision to read: 
  2.3      Subd. 56.  [AIRPORT IMPACT ZONE PROPERTY.] (a) Improvements 
  2.4   to real property, and personal property, classified under 
  2.5   section 273.13, subdivision 24, and located within an airport 
  2.6   impact zone are exempt from ad valorem taxes levied under 
  2.7   chapter 275. 
  2.8      (b) For property to qualify for exemption under paragraph 
  2.9   (a), the occupant must be a qualified business, as defined in 
  2.10  section 469.310. 
  2.11     (c) The exemption applies beginning for the first 
  2.12  assessment year after designation of the airport impact zone by 
  2.13  the commissioner of trade and economic development under section 
  2.14  469.314.  The exemption applies to each assessment year that 
  2.15  begins during the duration of the airport impact zone.  This 
  2.16  exemption does not apply to: 
  2.17     (1) a levy under section 475.61 or similar levy provisions 
  2.18  under any other law to pay general obligation bonds; or 
  2.19     (2) a levy under section 126C.17, if the levy was approved 
  2.20  by the voters before the designation of the airport impact zone. 
  2.21     [EFFECTIVE DATE.] This section is effective beginning for 
  2.22  property taxes assessed in 2004, payable in 2005. 
  2.23     Sec. 3.  Minnesota Statutes 2002, section 290.01, 
  2.24  subdivision 19b, is amended to read: 
  2.25     Subd. 19b.  [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For 
  2.26  individuals, estates, and trusts, there shall be subtracted from 
  2.27  federal taxable income: 
  2.28     (1) interest income on obligations of any authority, 
  2.29  commission, or instrumentality of the United States to the 
  2.30  extent includable in taxable income for federal income tax 
  2.31  purposes but exempt from state income tax under the laws of the 
  2.32  United States; 
  2.33     (2) if included in federal taxable income, the amount of 
  2.34  any overpayment of income tax to Minnesota or to any other 
  2.35  state, for any previous taxable year, whether the amount is 
  2.36  received as a refund or as a credit to another taxable year's 
  3.1   income tax liability; 
  3.2      (3) the amount paid to others, less the amount used to 
  3.3   claim the credit allowed under section 290.0674, not to exceed 
  3.4   $1,625 for each qualifying child in grades kindergarten to 6 and 
  3.5   $2,500 for each qualifying child in grades 7 to 12, for tuition, 
  3.6   textbooks, and transportation of each qualifying child in 
  3.7   attending an elementary or secondary school situated in 
  3.8   Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, 
  3.9   wherein a resident of this state may legally fulfill the state's 
  3.10  compulsory attendance laws, which is not operated for profit, 
  3.11  and which adheres to the provisions of the Civil Rights Act of 
  3.12  1964 and chapter 363.  For the purposes of this clause, 
  3.13  "tuition" includes fees or tuition as defined in section 
  3.14  290.0674, subdivision 1, clause (1).  As used in this clause, 
  3.15  "textbooks" includes books and other instructional materials and 
  3.16  equipment purchased or leased for use in elementary and 
  3.17  secondary schools in teaching only those subjects legally and 
  3.18  commonly taught in public elementary and secondary schools in 
  3.19  this state.  Equipment expenses qualifying for deduction 
  3.20  includes expenses as defined and limited in section 290.0674, 
  3.21  subdivision 1, clause (3).  "Textbooks" does not include 
  3.22  instructional books and materials used in the teaching of 
  3.23  religious tenets, doctrines, or worship, the purpose of which is 
  3.24  to instill such tenets, doctrines, or worship, nor does it 
  3.25  include books or materials for, or transportation to, 
  3.26  extracurricular activities including sporting events, musical or 
  3.27  dramatic events, speech activities, driver's education, or 
  3.28  similar programs.  For purposes of the subtraction provided by 
  3.29  this clause, "qualifying child" has the meaning given in section 
  3.30  32(c)(3) of the Internal Revenue Code; 
  3.31     (4) income as provided under section 290.0802; 
  3.32     (5) to the extent included in federal adjusted gross 
  3.33  income, income realized on disposition of property exempt from 
  3.34  tax under section 290.491; 
  3.35     (6) to the extent not deducted in determining federal 
  3.36  taxable income or used to claim the long-term care insurance 
  4.1   credit under section 290.0672, the amount paid for health 
  4.2   insurance of self-employed individuals as determined under 
  4.3   section 162(l) of the Internal Revenue Code, except that the 
  4.4   percent limit does not apply.  If the individual deducted 
  4.5   insurance payments under section 213 of the Internal Revenue 
  4.6   Code of 1986, the subtraction under this clause must be reduced 
  4.7   by the lesser of: 
  4.8      (i) the total itemized deductions allowed under section 
  4.9   63(d) of the Internal Revenue Code, less state, local, and 
  4.10  foreign income taxes deductible under section 164 of the 
  4.11  Internal Revenue Code and the standard deduction under section 
  4.12  63(c) of the Internal Revenue Code; or 
  4.13     (ii) the lesser of (A) the amount of insurance qualifying 
  4.14  as "medical care" under section 213(d) of the Internal Revenue 
  4.15  Code to the extent not deducted under section 162(1) of the 
  4.16  Internal Revenue Code or excluded from income or (B) the total 
  4.17  amount deductible for medical care under section 213(a); 
  4.18     (7) the exemption amount allowed under Laws 1995, chapter 
  4.19  255, article 3, section 2, subdivision 3; 
  4.20     (8) to the extent included in federal taxable income, 
  4.21  postservice benefits for youth community service under section 
  4.22  124D.42 for volunteer service under United States Code, title 
  4.23  42, sections 12601 to 12604; 
  4.24     (9) to the extent not deducted in determining federal 
  4.25  taxable income by an individual who does not itemize deductions 
  4.26  for federal income tax purposes for the taxable year, an amount 
  4.27  equal to 50 percent of the excess of charitable contributions 
  4.28  allowable as a deduction for the taxable year under section 
  4.29  170(a) of the Internal Revenue Code over $500; 
  4.30     (10) for taxable years beginning before January 1, 2008, 
  4.31  the amount of the federal small ethanol producer credit allowed 
  4.32  under section 40(a)(3) of the Internal Revenue Code which is 
  4.33  included in gross income under section 87 of the Internal 
  4.34  Revenue Code; 
  4.35     (11) for individuals who are allowed a federal foreign tax 
  4.36  credit for taxes that do not qualify for a credit under section 
  5.1   290.06, subdivision 22, an amount equal to the carryover of 
  5.2   subnational foreign taxes for the taxable year, but not to 
  5.3   exceed the total subnational foreign taxes reported in claiming 
  5.4   the foreign tax credit.  For purposes of this clause, "federal 
  5.5   foreign tax credit" means the credit allowed under section 27 of 
  5.6   the Internal Revenue Code, and "carryover of subnational foreign 
  5.7   taxes" equals the carryover allowed under section 904(c) of the 
  5.8   Internal Revenue Code minus national level foreign taxes to the 
  5.9   extent they exceed the federal foreign tax credit; and 
  5.10     (12) in each of the five tax years immediately following 
  5.11  the tax year in which an addition is required under subdivision 
  5.12  19a, clause (7), an amount equal to one-fifth of the delayed 
  5.13  depreciation.  For purposes of this clause, "delayed 
  5.14  depreciation" means the amount of the addition made by the 
  5.15  taxpayer under subdivision 19a, clause (7), minus the positive 
  5.16  value of any net operating loss under section 172 of the 
  5.17  Internal Revenue Code generated for the tax year of the 
  5.18  addition.  The resulting delayed depreciation cannot be less 
  5.19  than zero; and 
  5.20     (13) airport impact zone income as provided under section 
  5.21  469.316. 
  5.22     [EFFECTIVE DATE.] This section is effective for taxable 
  5.23  years beginning after December 31, 2003. 
  5.24     Sec. 4.  Minnesota Statutes 2002, section 290.01, 
  5.25  subdivision 29, is amended to read: 
  5.26     Subd. 29.  [TAXABLE INCOME.] The term "taxable income" 
  5.27  means:  
  5.28     (1) for individuals, estates, and trusts, the same as 
  5.29  taxable net income; 
  5.30     (2) for corporations, the taxable net income less 
  5.31     (i) the net operating loss deduction under section 290.095; 
  5.32  and 
  5.33     (ii) the dividends received deduction under section 290.21, 
  5.34  subdivision 4; and 
  5.35     (iii) the exemption for operating in an airport impact zone 
  5.36  under section 469.317. 
  6.1      [EFFECTIVE DATE.] This section is effective for taxable 
  6.2   years beginning after December 31, 2003. 
  6.3      Sec. 5.  Minnesota Statutes 2002, section 290.06, 
  6.4   subdivision 2c, is amended to read: 
  6.5      Subd. 2c.  [SCHEDULES OF RATES FOR INDIVIDUALS, ESTATES, 
  6.6   AND TRUSTS.] (a) The income taxes imposed by this chapter upon 
  6.7   married individuals filing joint returns and surviving spouses 
  6.8   as defined in section 2(a) of the Internal Revenue Code must be 
  6.9   computed by applying to their taxable net income the following 
  6.10  schedule of rates: 
  6.11     (1) On the first $25,680, 5.35 percent; 
  6.12     (2) On all over $25,680, but not over $102,030, 7.05 
  6.13  percent; 
  6.14     (3) On all over $102,030, 7.85 percent. 
  6.15     Married individuals filing separate returns, estates, and 
  6.16  trusts must compute their income tax by applying the above rates 
  6.17  to their taxable income, except that the income brackets will be 
  6.18  one-half of the above amounts.  
  6.19     (b) The income taxes imposed by this chapter upon unmarried 
  6.20  individuals must be computed by applying to taxable net income 
  6.21  the following schedule of rates: 
  6.22     (1) On the first $17,570, 5.35 percent; 
  6.23     (2) On all over $17,570, but not over $57,710, 7.05 
  6.24  percent; 
  6.25     (3) On all over $57,710, 7.85 percent. 
  6.26     (c) The income taxes imposed by this chapter upon unmarried 
  6.27  individuals qualifying as a head of household as defined in 
  6.28  section 2(b) of the Internal Revenue Code must be computed by 
  6.29  applying to taxable net income the following schedule of rates: 
  6.30     (1) On the first $21,630, 5.35 percent; 
  6.31     (2) On all over $21,630, but not over $86,910, 7.05 
  6.32  percent; 
  6.33     (3) On all over $86,910, 7.85 percent. 
  6.34     (d) In lieu of a tax computed according to the rates set 
  6.35  forth in this subdivision, the tax of any individual taxpayer 
  6.36  whose taxable net income for the taxable year is less than an 
  7.1   amount determined by the commissioner must be computed in 
  7.2   accordance with tables prepared and issued by the commissioner 
  7.3   of revenue based on income brackets of not more than $100.  The 
  7.4   amount of tax for each bracket shall be computed at the rates 
  7.5   set forth in this subdivision, provided that the commissioner 
  7.6   may disregard a fractional part of a dollar unless it amounts to 
  7.7   50 cents or more, in which case it may be increased to $1. 
  7.8      (e) An individual who is not a Minnesota resident for the 
  7.9   entire year must compute the individual's Minnesota income tax 
  7.10  as provided in this subdivision.  After the application of the 
  7.11  nonrefundable credits provided in this chapter, the tax 
  7.12  liability must then be multiplied by a fraction in which:  
  7.13     (1) the numerator is the individual's Minnesota source 
  7.14  federal adjusted gross income as defined in section 62 of the 
  7.15  Internal Revenue Code and increased by the additions required 
  7.16  under section 290.01, subdivision 19a, clauses (1) and (6), and 
  7.17  reduced by the subtraction under section 290.01, subdivision 
  7.18  19b, clause (13), and the Minnesota assignable portion of the 
  7.19  subtraction for United States government interest under section 
  7.20  290.01, subdivision 19b, clause (1), after applying the 
  7.21  allocation and assignability provisions of section 290.081, 
  7.22  clause (a), or 290.17; and 
  7.23     (2) the denominator is the individual's federal adjusted 
  7.24  gross income as defined in section 62 of the Internal Revenue 
  7.25  Code of 1986, increased by the amounts specified in section 
  7.26  290.01, subdivision 19a, clauses (1) and (6), and reduced by the 
  7.27  amounts specified in section 290.01, subdivision 19b, clause 
  7.28  clauses (1) and (13). 
  7.29     [EFFECTIVE DATE.] This section is effective for taxable 
  7.30  years beginning after December 31, 2003. 
  7.31     Sec. 6.  Minnesota Statutes 2002, section 290.067, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [AMOUNT OF CREDIT.] (a) A taxpayer may take 
  7.34  as a credit against the tax due from the taxpayer and a spouse, 
  7.35  if any, under this chapter an amount equal to the dependent care 
  7.36  credit for which the taxpayer is eligible pursuant to the 
  8.1   provisions of section 21 of the Internal Revenue Code subject to 
  8.2   the limitations provided in subdivision 2 except that in 
  8.3   determining whether the child qualified as a dependent, income 
  8.4   received as a Minnesota family investment program grant or 
  8.5   allowance to or on behalf of the child must not be taken into 
  8.6   account in determining whether the child received more than half 
  8.7   of the child's support from the taxpayer, and the provisions of 
  8.8   section 32(b)(1)(D) of the Internal Revenue Code do not apply. 
  8.9      (b) If a child who has not attained the age of six years at 
  8.10  the close of the taxable year is cared for at a licensed family 
  8.11  day care home operated by the child's parent, the taxpayer is 
  8.12  deemed to have paid employment-related expenses.  If the child 
  8.13  is 16 months old or younger at the close of the taxable year, 
  8.14  the amount of expenses deemed to have been paid equals the 
  8.15  maximum limit for one qualified individual under section 21(c) 
  8.16  and (d) of the Internal Revenue Code.  If the child is older 
  8.17  than 16 months of age but has not attained the age of six years 
  8.18  at the close of the taxable year, the amount of expenses deemed 
  8.19  to have been paid equals the amount the licensee would charge 
  8.20  for the care of a child of the same age for the same number of 
  8.21  hours of care.  
  8.22     (c) If a married couple: 
  8.23     (1) has a child who has not attained the age of one year at 
  8.24  the close of the taxable year; 
  8.25     (2) files a joint tax return for the taxable year; and 
  8.26     (3) does not participate in a dependent care assistance 
  8.27  program as defined in section 129 of the Internal Revenue Code, 
  8.28  in lieu of the actual employment related expenses paid for that 
  8.29  child under paragraph (a) or the deemed amount under paragraph 
  8.30  (b), the lesser of (i) the combined earned income of the couple 
  8.31  or (ii) the amount of the maximum limit for one qualified 
  8.32  individual under section 21(c) and (d) of the Internal Revenue 
  8.33  Code will be deemed to be the employment related expense paid 
  8.34  for that child.  The earned income limitation of section 21(d) 
  8.35  of the Internal Revenue Code shall not apply to this deemed 
  8.36  amount.  These deemed amounts apply regardless of whether any 
  9.1   employment-related expenses have been paid.  
  9.2      (d) If the taxpayer is not required and does not file a 
  9.3   federal individual income tax return for the tax year, no credit 
  9.4   is allowed for any amount paid to any person unless: 
  9.5      (1) the name, address, and taxpayer identification number 
  9.6   of the person are included on the return claiming the credit; or 
  9.7      (2) if the person is an organization described in section 
  9.8   501(c)(3) of the Internal Revenue Code and exempt from tax under 
  9.9   section 501(a) of the Internal Revenue Code, the name and 
  9.10  address of the person are included on the return claiming the 
  9.11  credit.  
  9.12  In the case of a failure to provide the information required 
  9.13  under the preceding sentence, the preceding sentence does not 
  9.14  apply if it is shown that the taxpayer exercised due diligence 
  9.15  in attempting to provide the information required. 
  9.16     In the case of a nonresident, part-year resident, or a 
  9.17  person who has earned income not subject to tax under this 
  9.18  chapter, including earned income excluded under section 290.01, 
  9.19  subdivision 19b, clause (13), the credit determined under 
  9.20  section 21 of the Internal Revenue Code must be allocated based 
  9.21  on the ratio by which the earned income of the claimant and the 
  9.22  claimant's spouse from Minnesota sources bears to the total 
  9.23  earned income of the claimant and the claimant's spouse. 
  9.24     [EFFECTIVE DATE.] This section is effective for taxable 
  9.25  years beginning after December 31, 2003. 
  9.26     Sec. 7.  Minnesota Statutes 2002, section 290.0671, 
  9.27  subdivision 1, is amended to read: 
  9.28     Subdivision 1.  [CREDIT ALLOWED.] (a) An individual is 
  9.29  allowed a credit against the tax imposed by this chapter equal 
  9.30  to a percentage of earned income.  To receive a credit, a 
  9.31  taxpayer must be eligible for a credit under section 32 of the 
  9.32  Internal Revenue Code.  
  9.33     (b) For individuals with no qualifying children, the credit 
  9.34  equals 1.9125 percent of the first $4,620 of earned income.  The 
  9.35  credit is reduced by 1.9125 percent of earned income or modified 
  9.36  adjusted gross income, whichever is greater, in excess of 
 10.1   $5,770, but in no case is the credit less than zero. 
 10.2      (c) For individuals with one qualifying child, the credit 
 10.3   equals 8.5 percent of the first $6,920 of earned income and 8.5 
 10.4   percent of earned income over $12,080 but less than $13,450.  
 10.5   The credit is reduced by 5.73 percent of earned income or 
 10.6   modified adjusted gross income, whichever is greater, in excess 
 10.7   of $15,080, but in no case is the credit less than zero. 
 10.8      (d) For individuals with two or more qualifying children, 
 10.9   the credit equals ten percent of the first $9,720 of earned 
 10.10  income and 20 percent of earned income over $14,860 but less 
 10.11  than $16,800.  The credit is reduced by 10.3 percent of earned 
 10.12  income or modified adjusted gross income, whichever is greater, 
 10.13  in excess of $17,890, but in no case is the credit less than 
 10.14  zero. 
 10.15     (e) For a nonresident or part-year resident, the credit 
 10.16  must be allocated based on the percentage calculated under 
 10.17  section 290.06, subdivision 2c, paragraph (e). 
 10.18     (f) For a person who was a resident for the entire tax year 
 10.19  and has earned income not subject to tax under this chapter, 
 10.20  including income excluded under section 290.01, subdivision 19b, 
 10.21  clause (13), the credit must be allocated based on the ratio of 
 10.22  federal adjusted gross income reduced by the earned income not 
 10.23  subject to tax under this chapter over federal adjusted gross 
 10.24  income. 
 10.25     (g) For tax years beginning after December 31, 2001, and 
 10.26  before December 31, 2004, the $5,770 in paragraph (b) is 
 10.27  increased to $6,770, the $15,080 in paragraph (c) is increased 
 10.28  to $16,080, and the $17,890 in paragraph (d) is increased to 
 10.29  $18,890 for married taxpayers filing joint returns. 
 10.30     (h) For tax years beginning after December 31, 2004, and 
 10.31  before December 31, 2007, the $5,770 in paragraph (b) is 
 10.32  increased to $7,770, the $15,080 in paragraph (c) is increased 
 10.33  to $17,080, and the $17,890 in paragraph (d) is increased to 
 10.34  $19,890 for married taxpayers filing joint returns. 
 10.35     (i) For tax years beginning after December 31, 2007, and 
 10.36  before December 31, 2010, the $5,770 in paragraph (b) is 
 11.1   increased to $8,770, the $15,080 in paragraph (c) is increased 
 11.2   to $18,080 and the $17,890 in paragraph (d) is increased to 
 11.3   $20,890 for married taxpayers filing joint returns. 
 11.4      (j) The commissioner shall construct tables showing the 
 11.5   amount of the credit at various income levels and make them 
 11.6   available to taxpayers.  The tables shall follow the schedule 
 11.7   contained in this subdivision, except that the commissioner may 
 11.8   graduate the transition between income brackets. 
 11.9      [EFFECTIVE DATE.] This section is effective for taxable 
 11.10  years beginning after December 31, 2003. 
 11.11     Sec. 8.  Minnesota Statutes 2002, section 290.091, 
 11.12  subdivision 2, is amended to read: 
 11.13     Subd. 2.  [DEFINITIONS.] For purposes of the tax imposed by 
 11.14  this section, the following terms have the meanings given: 
 11.15     (a) "Alternative minimum taxable income" means the sum of 
 11.16  the following for the taxable year: 
 11.17     (1) the taxpayer's federal alternative minimum taxable 
 11.18  income as defined in section 55(b)(2) of the Internal Revenue 
 11.19  Code; 
 11.20     (2) the taxpayer's itemized deductions allowed in computing 
 11.21  federal alternative minimum taxable income, but excluding: 
 11.22     (i) the charitable contribution deduction under section 170 
 11.23  of the Internal Revenue Code to the extent that the deduction 
 11.24  exceeds 1.3 percent of adjusted gross income, as defined in 
 11.25  section 62 of the Internal Revenue Code; 
 11.26     (ii) the medical expense deduction; 
 11.27     (iii) the casualty, theft, and disaster loss deduction; and 
 11.28     (iv) the impairment-related work expenses of a disabled 
 11.29  person; 
 11.30     (3) for depletion allowances computed under section 613A(c) 
 11.31  of the Internal Revenue Code, with respect to each property (as 
 11.32  defined in section 614 of the Internal Revenue Code), to the 
 11.33  extent not included in federal alternative minimum taxable 
 11.34  income, the excess of the deduction for depletion allowable 
 11.35  under section 611 of the Internal Revenue Code for the taxable 
 11.36  year over the adjusted basis of the property at the end of the 
 12.1   taxable year (determined without regard to the depletion 
 12.2   deduction for the taxable year); 
 12.3      (4) to the extent not included in federal alternative 
 12.4   minimum taxable income, the amount of the tax preference for 
 12.5   intangible drilling cost under section 57(a)(2) of the Internal 
 12.6   Revenue Code determined without regard to subparagraph (E); 
 12.7      (5) to the extent not included in federal alternative 
 12.8   minimum taxable income, the amount of interest income as 
 12.9   provided by section 290.01, subdivision 19a, clause (1); and 
 12.10     (6) the amount of addition required by section 290.01, 
 12.11  subdivision 19a, clause (7); 
 12.12     less the sum of the amounts determined under the following: 
 12.13     (1) interest income as defined in section 290.01, 
 12.14  subdivision 19b, clause (1); 
 12.15     (2) an overpayment of state income tax as provided by 
 12.16  section 290.01, subdivision 19b, clause (2), to the extent 
 12.17  included in federal alternative minimum taxable income; 
 12.18     (3) the amount of investment interest paid or accrued 
 12.19  within the taxable year on indebtedness to the extent that the 
 12.20  amount does not exceed net investment income, as defined in 
 12.21  section 163(d)(4) of the Internal Revenue Code.  Interest does 
 12.22  not include amounts deducted in computing federal adjusted gross 
 12.23  income; and 
 12.24     (4) amounts subtracted from federal taxable income as 
 12.25  provided by section 290.01, subdivision 19b, clause clauses (12) 
 12.26  and (13). 
 12.27     In the case of an estate or trust, alternative minimum 
 12.28  taxable income must be computed as provided in section 59(c) of 
 12.29  the Internal Revenue Code. 
 12.30     (b) "Investment interest" means investment interest as 
 12.31  defined in section 163(d)(3) of the Internal Revenue Code. 
 12.32     (c) "Tentative minimum tax" equals 6.4 percent of 
 12.33  alternative minimum taxable income after subtracting the 
 12.34  exemption amount determined under subdivision 3. 
 12.35     (d) "Regular tax" means the tax that would be imposed under 
 12.36  this chapter (without regard to this section and section 
 13.1   290.032), reduced by the sum of the nonrefundable credits 
 13.2   allowed under this chapter.  
 13.3      (e) "Net minimum tax" means the minimum tax imposed by this 
 13.4   section. 
 13.5      [EFFECTIVE DATE.] This section is effective for taxable 
 13.6   years beginning after December 31, 2003. 
 13.7      Sec. 9.  Minnesota Statutes 2002, section 290.0921, 
 13.8   subdivision 3, is amended to read: 
 13.9      Subd. 3.  [ALTERNATIVE MINIMUM TAXABLE INCOME.] 
 13.10  "Alternative minimum taxable income" is Minnesota net income as 
 13.11  defined in section 290.01, subdivision 19, and includes the 
 13.12  adjustments and tax preference items in sections 56, 57, 58, and 
 13.13  59(d), (e), (f), and (h) of the Internal Revenue Code.  If a 
 13.14  corporation files a separate company Minnesota tax return, the 
 13.15  minimum tax must be computed on a separate company basis.  If a 
 13.16  corporation is part of a tax group filing a unitary return, the 
 13.17  minimum tax must be computed on a unitary basis.  The following 
 13.18  adjustments must be made. 
 13.19     (1) For purposes of the depreciation adjustments under 
 13.20  section 56(a)(1) and 56(g)(4)(A) of the Internal Revenue Code, 
 13.21  the basis for depreciable property placed in service in a 
 13.22  taxable year beginning before January 1, 1990, is the adjusted 
 13.23  basis for federal income tax purposes, including any 
 13.24  modification made in a taxable year under section 290.01, 
 13.25  subdivision 19e, or Minnesota Statutes 1986, section 290.09, 
 13.26  subdivision 7, paragraph (c). 
 13.27     For taxable years beginning after December 31, 2000, the 
 13.28  amount of any remaining modification made under section 290.01, 
 13.29  subdivision 19e, or Minnesota Statutes 1986, section 290.09, 
 13.30  subdivision 7, paragraph (c), not previously deducted is a 
 13.31  depreciation allowance in the first taxable year after December 
 13.32  31, 2000. 
 13.33     (2) The portion of the depreciation deduction allowed for 
 13.34  federal income tax purposes under section 168(k) of the Internal 
 13.35  Revenue Code that is required as an addition under section 
 13.36  290.01, subdivision 19c, clause (16), is disallowed in 
 14.1   determining alternative minimum taxable income. 
 14.2      (3) The subtraction for depreciation allowed under section 
 14.3   290.01, subdivision 19d, clause (19), is allowed as a 
 14.4   depreciation deduction in determining alternative minimum 
 14.5   taxable income. 
 14.6      (4) The alternative tax net operating loss deduction under 
 14.7   sections 56(a)(4) and 56(d) of the Internal Revenue Code does 
 14.8   not apply. 
 14.9      (5) The special rule for certain dividends under section 
 14.10  56(g)(4)(C)(ii) of the Internal Revenue Code does not apply. 
 14.11     (6) The special rule for dividends from section 936 
 14.12  companies under section 56(g)(4)(C)(iii) does not apply. 
 14.13     (7) The tax preference for depletion under section 57(a)(1) 
 14.14  of the Internal Revenue Code does not apply. 
 14.15     (8) The tax preference for intangible drilling costs under 
 14.16  section 57(a)(2) of the Internal Revenue Code must be calculated 
 14.17  without regard to subparagraph (E) and the subtraction under 
 14.18  section 290.01, subdivision 19d, clause (4). 
 14.19     (9) The tax preference for tax exempt interest under 
 14.20  section 57(a)(5) of the Internal Revenue Code does not apply.  
 14.21     (10) The tax preference for charitable contributions of 
 14.22  appreciated property under section 57(a)(6) of the Internal 
 14.23  Revenue Code does not apply. 
 14.24     (11) For purposes of calculating the tax preference for 
 14.25  accelerated depreciation or amortization on certain property 
 14.26  placed in service before January 1, 1987, under section 57(a)(7) 
 14.27  of the Internal Revenue Code, the deduction allowable for the 
 14.28  taxable year is the deduction allowed under section 290.01, 
 14.29  subdivision 19e. 
 14.30     For taxable years beginning after December 31, 2000, the 
 14.31  amount of any remaining modification made under section 290.01, 
 14.32  subdivision 19e, not previously deducted is a depreciation or 
 14.33  amortization allowance in the first taxable year after December 
 14.34  31, 2004. 
 14.35     (12) For purposes of calculating the adjustment for 
 14.36  adjusted current earnings in section 56(g) of the Internal 
 15.1   Revenue Code, the term "alternative minimum taxable income" as 
 15.2   it is used in section 56(g) of the Internal Revenue Code, means 
 15.3   alternative minimum taxable income as defined in this 
 15.4   subdivision, determined without regard to the adjustment for 
 15.5   adjusted current earnings in section 56(g) of the Internal 
 15.6   Revenue Code. 
 15.7      (13) For purposes of determining the amount of adjusted 
 15.8   current earnings under section 56(g)(3) of the Internal Revenue 
 15.9   Code, no adjustment shall be made under section 56(g)(4) of the 
 15.10  Internal Revenue Code with respect to (i) the amount of foreign 
 15.11  dividend gross-up subtracted as provided in section 290.01, 
 15.12  subdivision 19d, clause (1), (ii) the amount of refunds of 
 15.13  income, excise, or franchise taxes subtracted as provided in 
 15.14  section 290.01, subdivision 19d, clause (10), or (iii) the 
 15.15  amount of royalties, fees or other like income subtracted as 
 15.16  provided in section 290.01, subdivision 19d, clause (11). 
 15.17     (14) Alternative minimum taxable income excludes the income 
 15.18  from operating in an airport impact zone as provided under 
 15.19  section 469.317. 
 15.20     Items of tax preference must not be reduced below zero as a 
 15.21  result of the modifications in this subdivision. 
 15.22     [EFFECTIVE DATE.] This section is effective for taxable 
 15.23  years beginning after December 31, 2003. 
 15.24     Sec. 10.  Minnesota Statutes 2002, section 290.0922, 
 15.25  subdivision 3, is amended to read: 
 15.26     Subd. 3.  [DEFINITIONS.] (a) "Minnesota sales or receipts" 
 15.27  means the total sales apportioned to Minnesota pursuant to 
 15.28  section 290.191, subdivision 5, the total receipts attributed to 
 15.29  Minnesota pursuant to section 290.191, subdivisions 6 to 8, 
 15.30  and/or the total sales or receipts apportioned or attributed to 
 15.31  Minnesota pursuant to any other apportionment formula applicable 
 15.32  to the taxpayer. 
 15.33     (b) "Minnesota property" means total Minnesota tangible 
 15.34  property as provided in section 290.191, subdivisions 9 to 11, 
 15.35  and any other tangible property located in Minnesota, but does 
 15.36  not include property of a qualified business located in an 
 16.1   airport impact zone designated under section 469.314.  
 16.2   Intangible property shall not be included in Minnesota property 
 16.3   for purposes of this section.  Taxpayers who do not utilize 
 16.4   tangible property to apportion income shall nevertheless include 
 16.5   Minnesota property for purposes of this section.  On a return 
 16.6   for a short taxable year, the amount of Minnesota property 
 16.7   owned, as determined under section 290.191, shall be included in 
 16.8   Minnesota property based on a fraction in which the numerator is 
 16.9   the number of days in the short taxable year and the denominator 
 16.10  is 365.  
 16.11     (c) "Minnesota payrolls"  means total Minnesota payrolls as 
 16.12  provided in section 290.191, subdivision 12, but does not 
 16.13  include airport impact zone payrolls under section 469.310, 
 16.14  subdivision 8.  Taxpayers who do not utilize payrolls to 
 16.15  apportion income shall nevertheless include Minnesota payrolls 
 16.16  for purposes of this section. 
 16.17     [EFFECTIVE DATE.] This section is effective for taxable 
 16.18  years beginning after December 31, 2003. 
 16.19     Sec. 11.  Minnesota Statutes 2002, section 297A.68, is 
 16.20  amended by adding a subdivision to read: 
 16.21     Subd. 37.  [AIRPORT IMPACT ZONE.] (a) Purchases of tangible 
 16.22  personal property or taxable services by a qualified business, 
 16.23  as defined in section 469.310, are exempt if the property or 
 16.24  services are primarily used or consumed in an airport impact 
 16.25  zone designated under section 469.314. 
 16.26     (b) Purchase and use of construction materials and supplies 
 16.27  for construction of improvements to real property in an airport 
 16.28  impact zone are exempt if the improvements after completion of 
 16.29  construction are to be used in the conduct of a qualified 
 16.30  business, as defined in section 469.310.  This exemption applies 
 16.31  regardless of whether the purchases are made by the business or 
 16.32  a contractor. 
 16.33     (c) The exemptions under this subdivision apply to a local 
 16.34  sales and use tax regardless of whether the local sales tax is 
 16.35  imposed on the sales taxable as defined under this chapter. 
 16.36     (d) This subdivision applies to sales made during the 
 17.1   duration of the designation of the zone. 
 17.2      [EFFECTIVE DATE.] This section is effective for sales made 
 17.3   on or after the day following final enactment. 
 17.4      Sec. 12.  Minnesota Statutes 2002, section 297B.03, is 
 17.5   amended to read: 
 17.6      297B.03 [EXEMPTIONS.] 
 17.7      There is specifically exempted from the provisions of this 
 17.8   chapter and from computation of the amount of tax imposed by it 
 17.9   the following:  
 17.10     (1) purchase or use, including use under a lease purchase 
 17.11  agreement or installment sales contract made pursuant to section 
 17.12  465.71, of any motor vehicle by the United States and its 
 17.13  agencies and instrumentalities and by any person described in 
 17.14  and subject to the conditions provided in section 297A.67, 
 17.15  subdivision 11; 
 17.16     (2) purchase or use of any motor vehicle by any person who 
 17.17  was a resident of another state or country at the time of the 
 17.18  purchase and who subsequently becomes a resident of Minnesota, 
 17.19  provided the purchase occurred more than 60 days prior to the 
 17.20  date such person began residing in the state of Minnesota and 
 17.21  the motor vehicle was registered in the person's name in the 
 17.22  other state or country; 
 17.23     (3) purchase or use of any motor vehicle by any person 
 17.24  making a valid election to be taxed under the provisions of 
 17.25  section 297A.90; 
 17.26     (4) purchase or use of any motor vehicle previously 
 17.27  registered in the state of Minnesota when such transfer 
 17.28  constitutes a transfer within the meaning of section 118, 331, 
 17.29  332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 
 17.30  1563(a) of the Internal Revenue Code of 1986, as amended through 
 17.31  December 31, 1999; 
 17.32     (5) purchase or use of any vehicle owned by a resident of 
 17.33  another state and leased to a Minnesota based private or for 
 17.34  hire carrier for regular use in the transportation of persons or 
 17.35  property in interstate commerce provided the vehicle is titled 
 17.36  in the state of the owner or secured party, and that state does 
 18.1   not impose a sales tax or sales tax on motor vehicles used in 
 18.2   interstate commerce; 
 18.3      (6) purchase or use of a motor vehicle by a private 
 18.4   nonprofit or public educational institution for use as an 
 18.5   instructional aid in automotive training programs operated by 
 18.6   the institution.  "Automotive training programs" includes motor 
 18.7   vehicle body and mechanical repair courses but does not include 
 18.8   driver education programs; 
 18.9      (7) purchase of a motor vehicle for use as an ambulance by 
 18.10  an ambulance service licensed under section 144E.10; 
 18.11     (8) purchase of a motor vehicle by or for a public library, 
 18.12  as defined in section 134.001, subdivision 2, as a bookmobile or 
 18.13  library delivery vehicle; 
 18.14     (9) purchase of a ready-mixed concrete truck; 
 18.15     (10) purchase or use of a motor vehicle by a town for use 
 18.16  exclusively for road maintenance, including snowplows and dump 
 18.17  trucks, but not including automobiles, vans, or pickup trucks; 
 18.18     (11) purchase or use of a motor vehicle by a corporation, 
 18.19  society, association, foundation, or institution organized and 
 18.20  operated exclusively for charitable, religious, or educational 
 18.21  purposes, except a public school, university, or library, but 
 18.22  only if the vehicle is: 
 18.23     (i) a truck, as defined in section 168.011, a bus, as 
 18.24  defined in section 168.011, or a passenger automobile, as 
 18.25  defined in section 168.011, if the automobile is designed and 
 18.26  used for carrying more than nine persons including the driver; 
 18.27  and 
 18.28     (ii) intended to be used primarily to transport tangible 
 18.29  personal property or individuals, other than employees, to whom 
 18.30  the organization provides service in performing its charitable, 
 18.31  religious, or educational purpose; 
 18.32     (12) purchase of a motor vehicle for use by a transit 
 18.33  provider exclusively to provide transit service is exempt if the 
 18.34  transit provider is either (i) receiving financial assistance or 
 18.35  reimbursement under section 174.24 or 473.384, or (ii) operating 
 18.36  under section 174.29, 473.388, or 473.405; 
 19.1      (13) purchase or use of a motor vehicle by a qualified 
 19.2   business, as defined in section 469.310, located in an airport 
 19.3   impact zone, if the motor vehicle is principally garaged in the 
 19.4   zone and is primarily used as part of or in direct support of 
 19.5   the person's operations carried on in the zone.  The exemption 
 19.6   under this clause also applies to any local sales and use tax. 
 19.7      [EFFECTIVE DATE.] This section is effective for sales made 
 19.8   after December 31, 2003. 
 19.9      Sec. 13.  [469.310] [DEFINITIONS.] 
 19.10     Subdivision 1.  [SCOPE.] For purposes of sections 469.310 
 19.11  to 469.320, the following terms have the meanings given. 
 19.12     Subd. 2.  [AIRPORT IMPACT ZONE OR ZONE.] "Airport impact 
 19.13  zone" or "zone" means a zone designated by the commissioner 
 19.14  under section 469.314. 
 19.15     Subd. 3.  [AIRPORT IMPACT ZONE PAYROLL FACTOR.] "Airport 
 19.16  impact zone payroll factor" or "airport impact zone payroll" is 
 19.17  that portion of the payroll factor under section 290.191 that 
 19.18  represents: 
 19.19     (1) wages or salaries paid to an individual for services 
 19.20  performed for a qualified business in an airport impact zone; or 
 19.21     (2) wages or salaries paid to individuals working from 
 19.22  offices of a qualified business within an airport impact zone if 
 19.23  their employment requires them to work outside the zone and the 
 19.24  work is incidental to the work performed by the individual 
 19.25  within the zone. 
 19.26     Subd. 4.  [AIRPORT IMPACT ZONE PERCENTAGE OR ZONE 
 19.27  PERCENTAGE.] "Airport impact zone percentage" or "zone 
 19.28  percentage" means the following fraction reduced to a percentage:
 19.29     (1) the numerator of the fraction is: 
 19.30     (i) the ratio of the taxpayer's property factor under 
 19.31  section 290.191 located in the zone for the taxable year over 
 19.32  the property factor numerator determined under section 290.191, 
 19.33  plus 
 19.34     (ii) the ratio of the taxpayer's airport impact zone 
 19.35  payroll factor under subdivision 8 over the payroll factor 
 19.36  numerator determined under section 290.191; and 
 20.1      (2) the denominator of the fraction is two. 
 20.2      When calculating the zone percentage for a business that is 
 20.3   part of a unitary business as defined under section 290.17, 
 20.4   subdivision 4, the denominator of the payroll and property 
 20.5   factors is the Minnesota payroll and property of the unitary 
 20.6   business as reported on the combined report under section 
 20.7   290.17, subdivision 4, paragraph (j). 
 20.8      Subd. 5.  [APPLICANT.] "Applicant" means a local government 
 20.9   unit or units applying for designation of an area as an airport 
 20.10  impact zone or a joint powers board, established under section 
 20.11  471.59, acting on behalf of two or more local government units. 
 20.12     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 20.13  commissioner of trade and economic development. 
 20.14     Subd. 7.  [DEVELOPMENT PLAN.] "Development plan" means a 
 20.15  plan meeting the requirements of section 469.311. 
 20.16     Subd. 8.  [LOCAL GOVERNMENT UNIT.] "Local government unit" 
 20.17  means a statutory or home rule charter city. 
 20.18     Subd. 9.  [PERSON.] "Person" includes an individual, 
 20.19  corporation, partnership, limited liability company, 
 20.20  association, or any other entity. 
 20.21     Subd. 10.  [QUALIFIED BUSINESS.] (a) "Qualified business" 
 20.22  means a person carrying on a trade or business located within an 
 20.23  airport impact zone that: 
 20.24     (1) converts or has entered a binding agreement to acquire 
 20.25  and convert property from residential uses or other noise 
 20.26  sensitive property uses to commercial, industrial, or other uses 
 20.27  that are not noise sensitive; and 
 20.28     (2) is certified by the city in which the zone is meeting 
 20.29  that its uses are consistent with the plan for the zone. 
 20.30     [EFFECTIVE DATE.] This section is effective the day 
 20.31  following final enactment. 
 20.32     Sec. 14.  [469.311] [DEVELOPMENT PLAN.] 
 20.33     (a) An applicant for designation of an airport impact zone 
 20.34  must adopt a written development plan for the zone before 
 20.35  submitting the application to the commissioner. 
 20.36     (b) The development plan must contain, at least, the 
 21.1   following: 
 21.2      (1) a map of the proposed zone that indicates the 
 21.3   geographic boundaries of the zone, the total area, and present 
 21.4   use and conditions generally of the land and structures within 
 21.5   those boundaries; 
 21.6      (2) evidence of community support and commitment from the 
 21.7   school district or school districts in which the zone is 
 21.8   located; 
 21.9      (3) a description of the methods proposed to increase 
 21.10  conversion of property uses to types more compatible with a 
 21.11  location in close proximity to the airport; 
 21.12     (4) current social, economic, and demographic 
 21.13  characteristics of the proposed zone and anticipated 
 21.14  improvements in employment if the zone is created; 
 21.15     (5) a description of anticipated activity in the zone and 
 21.16  each subzone; and 
 21.17     (6) any other information required by the commissioner. 
 21.18     [EFFECTIVE DATE.] This section is effective the day 
 21.19  following final enactment. 
 21.20     Sec. 15.  [469.312] [AIRPORT IMPACT ZONE; LIMITATIONS.] 
 21.21     Subdivision 1.  [MAXIMUM SIZE.] An airport impact zone may 
 21.22  not exceed 5,000 acres.  
 21.23     Subd. 2.  [SUBZONES.] The area of an airport impact zone 
 21.24  may consist of one or more noncontiguous areas or subzones. 
 21.25     Subd. 3.  [DURATION LIMIT.] The maximum duration of a zone 
 21.26  is 12 years.  The applicant may request a shorter duration.  The 
 21.27  commissioner may specify a shorter duration, regardless of the 
 21.28  requested duration. 
 21.29     [EFFECTIVE DATE.] This section is effective the day 
 21.30  following final enactment. 
 21.31     Sec. 16.  [469.313] [APPLICATION FOR DESIGNATION.] 
 21.32     Subdivision 1.  [WHO MAY APPLY.] One or more local 
 21.33  government units, or a joint powers board under section 471.59, 
 21.34  acting on behalf of two or more units, may apply for designation 
 21.35  of an area as an airport impact zone.  All or part of the area 
 21.36  proposed for designation as a zone must be located within the 
 22.1   boundaries of each of the government units. 
 22.2      Subd. 2.  [APPLICATION CONTENT.] The application must 
 22.3   include: 
 22.4      (1) a development plan meeting the requirements of section 
 22.5   469.311; 
 22.6      (2) the proposed duration of the zone, not to exceed 12 
 22.7   years; 
 22.8      (3) a resolution or ordinance adopted by each of the cities 
 22.9   or towns and the counties in which the zone is located, agreeing 
 22.10  to provide all of the local tax exemptions provided under 
 22.11  section 469.315; and 
 22.12     (4) supporting evidence to allow the commissioner to 
 22.13  evaluate the application under the criteria in section 469.314. 
 22.14     [EFFECTIVE DATE.] This section is effective the day 
 22.15  following final enactment. 
 22.16     Sec. 17.  [469.314] [DESIGNATION OF AIRPORT IMPACT ZONE.] 
 22.17     Subdivision 1.  [COMMISSIONER TO DESIGNATE.] (a) The 
 22.18  commissioner, in consultation with the commissioner of revenue 
 22.19  and the director of the office of strategic and long-range 
 22.20  planning, shall designate not more than one airport impact zone. 
 22.21     (b) The commissioner may, upon designation of a zone, 
 22.22  modify the development plan, including the boundaries of the 
 22.23  zone or subzones, if in the commissioner's opinion a modified 
 22.24  plan would better meet the objectives of the airport impact zone 
 22.25  program.  The commissioner shall notify the applicant of the 
 22.26  modification and provide a statement of the reasons for the 
 22.27  modifications. 
 22.28     Subd. 2.  [NEED INDICATORS.] (a) In evaluating applications 
 22.29  to determine the need for designation of an airport impact zone, 
 22.30  the commissioner shall consider the following factors as 
 22.31  indicators of need: 
 22.32     (1) the amount of property in or near the zone that is 
 22.33  incompatible with or is adversely affected by close proximity to 
 22.34  airport uses; and 
 22.35     (2) the extent to which property in the area would remain 
 22.36  underdeveloped or nonperforming due to physical characteristics 
 23.1   or its location near to the airport. 
 23.2      (b) The commissioner may require applicants to provide data 
 23.3   to demonstrate how the area meets one or both of the indicators 
 23.4   of need. 
 23.5      Subd. 3.  [SUCCESS INDICATORS.] In determining the 
 23.6   likelihood of success of a proposed zone, the commissioner shall 
 23.7   consider: 
 23.8      (1) the strength and viability of the proposed development 
 23.9   goals, objectives, and strategies in the development plan; 
 23.10     (2) whether the development plan is creative and innovative 
 23.11  in comparison to other applications; 
 23.12     (3) existing resources available to the proposed zone; 
 23.13     (4) how the designation of the zone would relate to other 
 23.14  economic and community development projects and to regional 
 23.15  initiatives or programs; 
 23.16     (5) how the regulatory burden will be eased for facilities 
 23.17  located in the proposed zone; and 
 23.18     (6) the extent to which the development is directed at 
 23.19  encouraging, and that designation of the zone is likely to 
 23.20  result in, the creation of high-paying jobs. 
 23.21     Subd. 4.  [DESIGNATION SCHEDULE.] (a) The schedule in 
 23.22  paragraphs (b) to (e) applies to the designation of the airport 
 23.23  impact zone. 
 23.24     (b) The commissioner shall publish the form for 
 23.25  applications and any procedural, form, or content requirements 
 23.26  for applications by no later than August 1, 2003.  The 
 23.27  commissioner may publish these requirements on the Internet, in 
 23.28  the State Register, or by any other means the commissioner 
 23.29  determines appropriate to disseminate the information to 
 23.30  potential applicants for designation. 
 23.31     (c) Applications must be submitted by October 15, 2003. 
 23.32     (d) The commissioner shall designate the zones by no later 
 23.33  than December 31, 2003. 
 23.34     (e) The designation of the zones takes effect January 1, 
 23.35  2004. 
 23.36     [EFFECTIVE DATE.] This section is effective the day 
 24.1   following final enactment. 
 24.2      Sec. 18.  [469.315] [TAX INCENTIVES AVAILABLE IN ZONES.] 
 24.3      Qualified businesses that operate in an airport impact 
 24.4   zone, individuals who invest in a qualified business that 
 24.5   operates in an airport impact zone, and property of a qualified 
 24.6   business located in an airport impact zone qualify for: 
 24.7      (1) exemption from individual income taxes as provided 
 24.8   under section 469.316; 
 24.9      (2) exemption from corporate franchise taxes as provided 
 24.10  under section 469.317; 
 24.11     (3) exemption from the state sales and use tax and any 
 24.12  local sales and use taxes on qualifying purchases as provided in 
 24.13  section 297A.68, subdivision 37; 
 24.14     (4) exemption from the state sales tax on motor vehicles 
 24.15  and any local sales tax on motor vehicles as provided under 
 24.16  section 297B.03; and 
 24.17     (5) exemption from the property tax as provided in section 
 24.18  272.02, subdivision 56. 
 24.19     [EFFECTIVE DATE.] This section is effective the day 
 24.20  following final enactment. 
 24.21     Sec. 19.  [469.316] [INDIVIDUAL INCOME TAX EXEMPTION.] 
 24.22     Subdivision 1.  [APPLICATION.] An individual operating a 
 24.23  qualified business in an airport impact zone, and an individual 
 24.24  making a qualifying investment in a qualified business operating 
 24.25  in an airport impact zone qualifies for the exemptions from 
 24.26  taxes imposed under chapter 290, as provided in this section.  
 24.27  The exemptions provided under this section apply only to the 
 24.28  extent that the income otherwise would be taxable under chapter 
 24.29  290.  Subtractions under this section from federal taxable 
 24.30  income, alternative minimum taxable income, or any other base 
 24.31  subject to tax are limited to the amount that otherwise would be 
 24.32  included in the tax base absent the exemption under this section.
 24.33     Subd. 2.  [RENTS.] An individual is exempt from the taxes 
 24.34  imposed under chapter 290 on net rents derived from the rental 
 24.35  of real or tangible personal property located in a zone to a 
 24.36  qualified business for a taxable year in which the zone was 
 25.1   designated an airport impact zone.  If tangible personal 
 25.2   property was used both within and outside of the zone, the 
 25.3   exemption amount for the net rental income must be multiplied by 
 25.4   a fraction, the numerator of which is the number of days the 
 25.5   property was used in the zone and the denominator of which is 
 25.6   the total days. 
 25.7      Subd. 3.  [BUSINESS INCOME.] An individual is exempt from 
 25.8   the taxes imposed under chapter 290 on net income from the 
 25.9   operation of a qualified business in an airport impact zone.  If 
 25.10  the trade or business is carried on within and without the zone 
 25.11  and the individual is not a resident of Minnesota, the exemption 
 25.12  must be apportioned based on the zone percentage for the taxable 
 25.13  year.  If the trade or business is carried on within and without 
 25.14  the zone and the individual is a resident of Minnesota, the 
 25.15  exemption must be apportioned based on the zone percentage for 
 25.16  the taxable year, except the ratios under section 469.310, 
 25.17  subdivision 4, clause (1), items (i) and (ii), must use the 
 25.18  denominators of the property and payroll factors determined 
 25.19  under section 290.191.  No subtraction is allowed under this 
 25.20  section in excess of 20 percent of the sum of the airport impact 
 25.21  zone payroll and the adjusted basis of the property at the time 
 25.22  that the property is first used in the airport impact zone by 
 25.23  the business. 
 25.24     Subd. 4.  [CAPITAL GAINS.] (a) An individual is exempt from 
 25.25  the taxes imposed under chapter 290 on: 
 25.26     (1) net gain derived on a sale or exchange of real property 
 25.27  located in the zone by a qualified business.  If the property 
 25.28  was held by the individual during a period when the zone was not 
 25.29  designated, the gain must be prorated based on the percentage of 
 25.30  time, measured in calendar days, that the real property was held 
 25.31  by the individual during the period the zone designation was in 
 25.32  effect to the total period of time the real property was held by 
 25.33  the individual; 
 25.34     (2) net gain derived on a sale or exchange of tangible 
 25.35  personal property used by a qualified business in the zone.  If 
 25.36  the property was held by the individual during a period when the 
 26.1   zone was not designated, the gain must be prorated based on the 
 26.2   percentage of time, measured in calendar days, that the property 
 26.3   was held by the individual during the period the zone 
 26.4   designation was in effect to the total period of time the 
 26.5   property was held by the individual.  If the tangible personal 
 26.6   property was used outside of the zone during the period of the 
 26.7   zone's designation, the exemption must be multiplied by a 
 26.8   fraction, the numerator of which is the number of days the 
 26.9   property was used in the zone during the time of the designation 
 26.10  and the denominator of which is the total days the property was 
 26.11  held during the time of the designation; and 
 26.12     (3) net gain derived on a sale of an ownership interest in 
 26.13  a qualified business operating in the airport impact zone, 
 26.14  meeting the requirements of paragraph (b).  The exemption on the 
 26.15  gain must be multiplied by the zone percentage of the business 
 26.16  for the taxable year prior to the sale. 
 26.17     (b) A qualified business meets the requirements of 
 26.18  paragraph (a), clause (3), if it is a corporation, an S 
 26.19  corporation, or a partnership, and for the taxable year its 
 26.20  airport impact zone percentage exceeds 25 percent.  For purposes 
 26.21  of paragraph (a), clause (3), the zone percentage must be 
 26.22  calculated by modifying the ratios under section 469.310, 
 26.23  subdivision 4, clause (1), items (i) and (ii), to use the 
 26.24  denominators of the property and payroll factors determined 
 26.25  under section 290.191.  Upon the request of an individual 
 26.26  holding an ownership interest in the entity, the entity must 
 26.27  certify to the owner, in writing, the airport impact zone 
 26.28  percentage needed to determine the exemption. 
 26.29     [EFFECTIVE DATE.] This section is effective for taxable 
 26.30  years beginning after December 31, 2003. 
 26.31     Sec. 20.  [469.317] [CORPORATE FRANCHISE TAX EXEMPTION.] 
 26.32     (a) A qualified business is exempt from taxation under 
 26.33  section 290.02, the alternative minimum tax under section 
 26.34  290.0921, and the minimum fee under section 290.0922, on the 
 26.35  portion of its income attributable to operations of a qualified 
 26.36  business within the airport impact zone.  This exemption is 
 27.1   determined as follows: 
 27.2      (1) for purposes of the tax imposed under section 290.02, 
 27.3   by multiplying its taxable net income by its zone percentage and 
 27.4   subtracting the result in determining taxable income; 
 27.5      (2) for purposes of the alternative minimum tax under 
 27.6   section 290.0921, by multiplying its alternative minimum taxable 
 27.7   income by its zone percentage and reducing alternative minimum 
 27.8   taxable income by this amount; and 
 27.9      (3) for purposes of the minimum fee under section 290.0922, 
 27.10  by excluding property and payroll in the zone from the 
 27.11  computations of the fee. 
 27.12     (b) No subtraction is allowed under this section in excess 
 27.13  of 20 percent of the sum of the corporation's airport impact 
 27.14  zone payroll and the adjusted basis of the property at the time 
 27.15  that the property is first used in the airport impact zone by 
 27.16  the corporation. 
 27.17     [EFFECTIVE DATE.] This section is effective for taxable 
 27.18  years beginning after December 31, 2003. 
 27.19     Sec. 21.  [469.319] [REPAYMENT OF TAX BENEFITS.] 
 27.20     Subdivision 1.  [REPAYMENT OBLIGATION.] A business must 
 27.21  repay the amount of the tax reduction received during the two 
 27.22  years immediately before it ceased to operate in the zone, if 
 27.23  the business: 
 27.24     (1) received tax reductions authorized by section 469.315; 
 27.25  and 
 27.26     (2) ceased to operate its facility located within the 
 27.27  airport impact zone or otherwise ceases to be or is not a 
 27.28  qualified business. 
 27.29     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
 27.30  the following terms have the meanings given. 
 27.31     (b) "Business" means any person who received tax benefits 
 27.32  enumerated in section 469.315. 
 27.33     (c) "Commissioner" means the commissioner of revenue. 
 27.34     Subd. 3.  [DISPOSITION OR REPAYMENT.] The repayment must be 
 27.35  paid to the state to the extent it represents a state tax 
 27.36  reduction and to the county to the extent it represents a 
 28.1   property tax reduction.  Any amount repaid to the state must be 
 28.2   deposited in the general fund.  Any amount repaid to the county 
 28.3   for the property tax exemption must be distributed to the local 
 28.4   governments with authority to levy taxes in the zone in the same 
 28.5   manner provided for distribution of payment of delinquent 
 28.6   property taxes.  Any repayment of local sales taxes must be 
 28.7   repaid to the city or county imposing the local sales tax. 
 28.8      Subd. 4.  [REPAYMENT PROCEDURES.] (a) For the repayment of 
 28.9   taxes imposed under chapter 290 or 297A or local taxes collected 
 28.10  under section 297A.99, a business must file an amended return 
 28.11  with the commissioner of revenue and pay any taxes required to 
 28.12  be repaid within 30 days after ceasing to do business in the 
 28.13  zone.  The amount required to be repaid is determined by 
 28.14  calculating the tax for the period or periods for which 
 28.15  repayment is required without regard to the exemptions and 
 28.16  credits allowed under section 469.315. 
 28.17     (b) For the repayment of taxes imposed under chapter 297B, 
 28.18  a business must pay any taxes required to be repaid to the motor 
 28.19  vehicle registrar, as agent for the commissioner of revenue, 
 28.20  within 30 days after ceasing to do business in the zone. 
 28.21     (c) For the repayment of property taxes, the county auditor 
 28.22  shall prepare a tax statement for the business, applying the 
 28.23  applicable tax extension rates for each payable year and provide 
 28.24  a copy to the business.  The business must pay the taxes to the 
 28.25  county treasurer within 30 days after receipt of the tax 
 28.26  statement. 
 28.27     (d) The provisions of chapters 270 and 289A relating to the 
 28.28  commissioner's authority to audit, assess, and collect the tax 
 28.29  and to hear appeals are applicable to the repayment required 
 28.30  under paragraphs (a) and (b).  The commissioner may impose civil 
 28.31  penalties as provided in chapter 289A, and the additional tax 
 28.32  and penalties are subject to interest at the rate provided in 
 28.33  section 270.75, from 30 days after ceasing to do business in the 
 28.34  airport impact zone until the date the tax is paid. 
 28.35     (e) If a property tax is not repaid under paragraph (c), 
 28.36  the county treasurer shall add the amount required to be repaid 
 29.1   to the property taxes assessed against the property for payment 
 29.2   in the year following the year in which the treasurer discovers 
 29.3   that the business ceased to operate in the airport impact zone. 
 29.4      (f) For determining the tax required to be repaid, a tax 
 29.5   reduction is deemed to have been received on the date that the 
 29.6   tax would have been due if the taxpayer had not been entitled to 
 29.7   the exemption. 
 29.8      (g) The commissioner may assess the repayment of taxes 
 29.9   under paragraph (d) any time within two years after the business 
 29.10  ceases to operate in the airport impact zone, or within any 
 29.11  period of limitations for the assessment of tax under section 
 29.12  289A.38, whichever period is later. 
 29.13     Subd. 5.  [WAIVER AUTHORITY.] The commissioner may waive 
 29.14  all or part of a repayment, if the commissioner, in consultation 
 29.15  with the commissioner of trade and economic development and 
 29.16  appropriate officials from the local government units in which 
 29.17  the business is located, determines that requiring repayment of 
 29.18  the tax is not in the best interest of the state or the local 
 29.19  government units and the business ceased operating as a result 
 29.20  of circumstances beyond its control including, but not limited 
 29.21  to: 
 29.22     (1) a natural disaster; 
 29.23     (2) unforeseen industry trends; or 
 29.24     (3) loss of a major supplier or customer. 
 29.25     [EFFECTIVE DATE.] This section is effective the day 
 29.26  following final enactment. 
 29.27     Sec. 22.  [469.320] [ZONE PERFORMANCE; REMEDIES.] 
 29.28     Subdivision 1.  [REPORTING REQUIREMENT.] An applicant 
 29.29  receiving designation of an airport impact zone under section 
 29.30  469.314 must annually report to the commissioner on its progress 
 29.31  in meeting the zone performance goals under the development plan 
 29.32  for the zone. 
 29.33     Subd. 2.  [PROCEDURES.] For reports required by subdivision 
 29.34  1, the commissioner may prescribe: 
 29.35     (1) the required time or times by which the reports must be 
 29.36  filed; 
 30.1      (2) the form of the report; and 
 30.2      (3) the information required to be included in the report. 
 30.3      Subd. 3.  [REMEDIES.] If the commissioner determines, based 
 30.4   on a report filed under subdivision 1 or other available 
 30.5   information, that a zone or subzone is failing to meet its 
 30.6   performance goals, the commissioner may take any actions the 
 30.7   commissioner determines appropriate, including modification of 
 30.8   the boundaries of the zone or a subzone or termination of the 
 30.9   zone or a subzone.  Before taking any action, the commissioner 
 30.10  shall consult with the applicant and the affected local 
 30.11  government units, including notifying them of the proposed 
 30.12  actions to be taken.  The commissioner shall publish any order 
 30.13  modifying a zone in the State Register and on the Internet.  The 
 30.14  applicant may appeal the commissioner's order under the 
 30.15  contested case procedures of chapter 14. 
 30.16     Subd. 4.  [EXISTING BUSINESSES.] An action to remove area 
 30.17  from a zone or to terminate a zone under this section does not 
 30.18  apply to: 
 30.19     (1) the property tax on improvements constructed before the 
 30.20  first January 2 following publication of the commissioner's 
 30.21  order; 
 30.22     (2) sales tax on purchases made before the first day of the 
 30.23  next calendar month beginning at least 30 days after publication 
 30.24  of the commissioner's order; and 
 30.25     (3) individual income tax or corporate franchise tax 
 30.26  attributable to a facility that was in operation before the 
 30.27  publication of the commissioner's order. 
 30.28     [EFFECTIVE DATE.] This section is effective the day 
 30.29  following final enactment.