as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to taxation; providing a sales tax rebate; 1.3 reducing class rates on the first tier of commercial 1.4 industrial property and increasing the market value 1.5 qualifying for the first tier class rate; reducing the 1.6 class rate on certain apartments; providing an HACA 1.7 offset; increasing the education agricultural credit; 1.8 providing a personal and dependent income tax 1.9 subtraction; exempting sales to political subdivisions 1.10 from the sales tax; appropriating money; amending 1.11 Minnesota Statutes 1998, section 297A.47; Minnesota 1.12 Statutes 1999 Supplement, sections 273.13, 1.13 subdivisions 24 and 25; 273.1382, subdivision 1b; 1.14 273.1398, subdivision 1a; 290.01, subdivision 19b; and 1.15 297A.25, subdivision 11. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 ARTICLE 1 1.18 PROPERTY TAX 1.19 Section 1. Minnesota Statutes 1999 Supplement, section 1.20 273.13, subdivision 24, is amended to read: 1.21 Subd. 24. [CLASS 3.] (a) Commercial and industrial 1.22 property and utility real and personal property is class 3a. 1.23 Each parcel of real property has a class rate of2.42.0 percent 1.24 of the first tier of market value, and 3.4 percent of the 1.25 remaining market value, except that in the case of contiguous 1.26 parcels of property owned by the same person or entity, only the 1.27 value equal to the first-tier value of the contiguous parcels 1.28 qualifies for the reduced class rate. For the purposes of this 1.29 subdivision, the first tier means the first$150,000$350,000 of 1.30 market value. Real property owned in fee by a utility for 2.1 transmission line right-of-way shall be classified at the class 2.2 rate for the higher tier. All personal property shall be 2.3 classified at the class rate for the higher tier. For purposes 2.4 of this subdivision "personal property" means tools, implements, 2.5 and machinery of an electric generating, transmission, or 2.6 distribution system, or a pipeline system transporting or 2.7 distributing water, gas, crude oil, or petroleum products or 2.8 mains and pipes used in the distribution of steam or hot or 2.9 chilled water for heating or cooling buildings, which are 2.10 fixtures. 2.11 For purposes of this paragraph, parcels are considered to 2.12 be contiguous even if they are separated from each other by a 2.13 road, street, vacant lot, waterway, or other similar intervening 2.14 type of property. 2.15 (b) Employment property defined in section 469.166, during 2.16 the period provided in section 469.170, shall constitute class 2.17 3b. The class rates for class 3b property are determined under 2.18 paragraph (a). 2.19 (c)(1) Subject to the limitations of clause (2), structures 2.20 which are (i) located on property classified as class 3a, (ii) 2.21 constructed under an initial building permit issued after 2.22 January 2, 1996, (iii) located in a transit zone as defined 2.23 under section 473.3915, subdivision 3, (iv) located within the 2.24 boundaries of a school district, and (v) not primarily used for 2.25 retail or transient lodging purposes, shall have a class rate 2.26 equal to the lesser of 2.975 percent or the class rate of the 2.27 second tier of the commercial property rate under paragraph (a) 2.28 on any portion of the market value that does not qualify for the 2.29 first tier class rate under paragraph (a). As used in item (v), 2.30 a structure is primarily used for retail or transient lodging 2.31 purposes if over 50 percent of its square footage is used for 2.32 those purposes. A class rate equal to the lesser of 2.975 2.33 percent or the class rate of the second tier of the commercial 2.34 property class rate under paragraph (a) shall also apply to 2.35 improvements to existing structures that meet the requirements 2.36 of items (i) to (v) if the improvements are constructed under an 3.1 initial building permit issued after January 2, 1996, even if 3.2 the remainder of the structure was constructed prior to January 3.3 2, 1996. For the purposes of this paragraph, a structure shall 3.4 be considered to be located in a transit zone if any portion of 3.5 the structure lies within the zone. If any property once 3.6 eligible for treatment under this paragraph ceases to remain 3.7 eligible due to revisions in transit zone boundaries, the 3.8 property shall continue to receive treatment under this 3.9 paragraph for a period of three years. 3.10 (2) This clause applies to any structure qualifying for the 3.11 transit zone reduced class rate under clause (1) on January 2, 3.12 1999, or any structure meeting any of the qualification criteria 3.13 in item (i) and otherwise qualifying for the transit zone 3.14 reduced class rate under clause (1). Such a structure continues 3.15 to receive the transit zone reduced class rate until the 3.16 occurrence of one of the events in item (ii). Property 3.17 qualifying under item (i)(D), that is located outside of a city 3.18 of the first class, qualifies for the transit zone reduced class 3.19 rate as provided in that item. Property qualifying under item 3.20 (i)(E) qualifies for the transit zone reduced class rate as 3.21 provided in that item. 3.22 (i) A structure qualifies for the rate in this clause if it 3.23 is: 3.24 (A) property for which a building permit was issued before 3.25 December 31, 1998; or 3.26 (B) property for which a building permit was issued before 3.27 June 30, 2001, if: 3.28 (I) at least 50 percent of the land on which the structure 3.29 is to be built has been acquired or is the subject of signed 3.30 purchase agreements or signed options as of March 15, 1998, by 3.31 the entity that proposes construction of the project or an 3.32 affiliate of the entity; 3.33 (II) signed agreements have been entered into with one 3.34 entity or with affiliated entities to lease for the account of 3.35 the entity or affiliated entities at least 50 percent of the 3.36 square footage of the structure or the owner of the structure 4.1 will occupy at least 50 percent of the square footage of the 4.2 structure; and 4.3 (III) one of the following requirements is met: 4.4 the project proposer has submitted the completed data 4.5 portions of an environmental assessment worksheet by December 4.6 31, 1998; or 4.7 a notice of determination of adequacy of an environmental 4.8 impact statement has been published by April 1, 1999; or 4.9 an alternative urban areawide review has been completed by 4.10 April 1, 1999; or 4.11 (C) property for which a building permit is issued before 4.12 July 30, 1999, if: 4.13 (I) at least 50 percent of the land on which the structure 4.14 is to be built has been acquired or is the subject of signed 4.15 purchase agreements as of March 31, 1998, by the entity that 4.16 proposes construction of the project or an affiliate of the 4.17 entity; 4.18 (II) a signed agreement has been entered into between the 4.19 building developer and a tenant to lease for its own account at 4.20 least 200,000 square feet of space in the building; 4.21 (III) a signed letter of intent is entered into by July 1, 4.22 1998, between the building developer and the tenant to lease the 4.23 space for its own account; and 4.24 (IV) the environmental review process required by state law 4.25 was commenced by December 31, 1998; 4.26 (D) property for which an irrevocable letter of credit with 4.27 a housing and redevelopment authority was signed before December 4.28 31, 1998. The structure shall receive the transit zone reduced 4.29 class rate during construction and for the duration of time that 4.30 the original tenants remain in the building. Any unoccupied net 4.31 leasable square footage that is not leased within 36 months 4.32 after the certificate of occupancy has been issued for the 4.33 building shall not be eligible to receive the reduced class 4.34 rate. This reduced class rate applies only if the entity that 4.35 constructed the structure continues to own the property; 4.36 (E) property, located in a city of the first class, and for 5.1 which the building permits for the excavation, the parking ramp, 5.2 and the office tower were issued prior to April 1, 1999, shall 5.3 receive the reduced class rate during construction and for the 5.4 first five assessment years immediately following its initial 5.5 occupancy provided that, when completed, at least 25 percent of 5.6 the net leasable square footage must be occupied by the entity 5.7 or the parent entity constructing the structure each year during 5.8 this time period. In order to receive the reduced class rate on 5.9 the structure in any subsequent assessment years, at least 50 5.10 percent of the rentable square footage must be occupied by the 5.11 entity or the parent entity that constructed the structure. 5.12 This reduced class rate applies only if the entity or the parent 5.13 entity that constructed the structure continues to own the 5.14 property. 5.15 (ii) A structure specified by this clause, other than a 5.16 structure qualifying under clause (i)(D) or (E), shall continue 5.17 to receive the transit zone reduced class rate until the 5.18 occurrence of one of the following events: 5.19 (A) if the structure upon initial occupancy will be owner 5.20 occupied by the entity initially constructing the structure or 5.21 an affiliated entity, the structure receives the reduced class 5.22 rate until the structure ceases to be at least 50 percent 5.23 occupied by the entity or an affiliated entity, provided, if the 5.24 portion of the structure occupied by that entity or an affiliate 5.25 of the entity is less than 85 percent, the transit zone class 5.26 rate reduction for the portion of structure not so occupied 5.27 terminates upon the leasing of such space to any nonaffiliated 5.28 entity; or 5.29 (B) if the structure is leased by a single entity or 5.30 affiliated entity at the time of initial occupancy, the 5.31 structure shall receive the reduced class rate until the 5.32 structure ceases to be at least 50 percent occupied by the 5.33 entity or an affiliated entity, provided, if the portion of the 5.34 structure occupied by that entity or an affiliate of the entity 5.35 is less than 85 percent, the transit zone class rate reduction 5.36 for the portion of structure not so occupied shall terminate 6.1 upon the leasing of such space to any nonaffiliated entity; or 6.2 (C) if the structure meets the criteria in item (i)(C), the 6.3 structure shall receive the reduced class rate until the 6.4 expiration of the initial lease term of the applicable tenants. 6.5 Percentages occupied or leased shall be determined based 6.6 upon net leasable square footage in the structure. The assessor 6.7 shall allocate the value of the structure in the same fashion as 6.8 provided in the general law for portions of any structure 6.9 receiving and not receiving the transit tax class reduction as a 6.10 result of this clause. 6.11 Sec. 2. Minnesota Statutes 1999 Supplement, section 6.12 273.13, subdivision 25, is amended to read: 6.13 Subd. 25. [CLASS 4.] (a) Class 4a is residential real 6.14 estate containing four or more units and used or held for use by 6.15 the owner or by the tenants or lessees of the owner as a 6.16 residence for rental periods of 30 days or more. Class 4a also 6.17 includes hospitals licensed under sections 144.50 to 144.56, 6.18 other than hospitals exempt under section 272.02, and contiguous 6.19 property used for hospital purposes, without regard to whether 6.20 the property has been platted or subdivided.Class 4a property6.21in a city with a population of 5,000 or less, that is (1)6.22located outside of the metropolitan area, as defined in section6.23473.121, subdivision 2, or outside any county contiguous to the6.24metropolitan area, and (2) whose city boundary is at least 156.25miles from the boundary of any city with a population greater6.26than 5,000 has a class rate of 2.15 percent of market value.6.27All otherClass 4a property has a class rate of2.42.0 percent 6.28 of market value.For purposes of this paragraph, population has6.29the same meaning given in section 477A.011, subdivision 3.6.30 (b) Class 4b includes: 6.31 (1) residential real estate containing less than four units 6.32 that does not qualify as class 4bb, other than seasonal 6.33 residential, and recreational; 6.34 (2) manufactured homes not classified under any other 6.35 provision; 6.36 (3) a dwelling, garage, and surrounding one acre of 7.1 property on a nonhomestead farm classified under subdivision 23, 7.2 paragraph (b) containing two or three units; 7.3 (4) unimproved property that is classified residential as 7.4 determined under subdivision 33. 7.5 Class 4b property has a class rate of 1.65 percent of 7.6 market value. 7.7 (c) Class 4bb includes: 7.8 (1) nonhomestead residential real estate containing one 7.9 unit, other than seasonal residential, and recreational; and 7.10 (2) a single family dwelling, garage, and surrounding one 7.11 acre of property on a nonhomestead farm classified under 7.12 subdivision 23, paragraph (b). 7.13 Class 4bb has a class rate of 1.2 percent on the first 7.14 $76,000 of market value and a class rate of 1.65 percent of its 7.15 market value that exceeds $76,000. 7.16 Property that has been classified as seasonal recreational 7.17 residential property at any time during which it has been owned 7.18 by the current owner or spouse of the current owner does not 7.19 qualify for class 4bb. 7.20 (d) Class 4c property includes: 7.21 (1) except as provided in subdivision 22, paragraph (c), 7.22 real property devoted to temporary and seasonal residential 7.23 occupancy for recreation purposes, including real property 7.24 devoted to temporary and seasonal residential occupancy for 7.25 recreation purposes and not devoted to commercial purposes for 7.26 more than 250 days in the year preceding the year of 7.27 assessment. For purposes of this clause, property is devoted to 7.28 a commercial purpose on a specific day if any portion of the 7.29 property is used for residential occupancy, and a fee is charged 7.30 for residential occupancy. In order for a property to be 7.31 classified as class 4c, seasonal recreational residential for 7.32 commercial purposes, at least 40 percent of the annual gross 7.33 lodging receipts related to the property must be from business 7.34 conducted during 90 consecutive days and either (i) at least 60 7.35 percent of all paid bookings by lodging guests during the year 7.36 must be for periods of at least two consecutive nights; or (ii) 8.1 at least 20 percent of the annual gross receipts must be from 8.2 charges for rental of fish houses, boats and motors, 8.3 snowmobiles, downhill or cross-country ski equipment, or charges 8.4 for marina services, launch services, and guide services, or the 8.5 sale of bait and fishing tackle. For purposes of this 8.6 determination, a paid booking of five or more nights shall be 8.7 counted as two bookings. Class 4c also includes commercial use 8.8 real property used exclusively for recreational purposes in 8.9 conjunction with class 4c property devoted to temporary and 8.10 seasonal residential occupancy for recreational purposes, up to 8.11 a total of two acres, provided the property is not devoted to 8.12 commercial recreational use for more than 250 days in the year 8.13 preceding the year of assessment and is located within two miles 8.14 of the class 4c property with which it is used. Class 4c 8.15 property classified in this clause also includes the remainder 8.16 of class 1c resorts provided that the entire property including 8.17 that portion of the property classified as class 1c also meets 8.18 the requirements for class 4c under this clause; otherwise the 8.19 entire property is classified as class 3. Owners of real 8.20 property devoted to temporary and seasonal residential occupancy 8.21 for recreation purposes and all or a portion of which was 8.22 devoted to commercial purposes for not more than 250 days in the 8.23 year preceding the year of assessment desiring classification as 8.24 class 1c or 4c, must submit a declaration to the assessor 8.25 designating the cabins or units occupied for 250 days or less in 8.26 the year preceding the year of assessment by January 15 of the 8.27 assessment year. Those cabins or units and a proportionate 8.28 share of the land on which they are located will be designated 8.29 class 1c or 4c as otherwise provided. The remainder of the 8.30 cabins or units and a proportionate share of the land on which 8.31 they are located will be designated as class 3a. The owner of 8.32 property desiring designation as class 1c or 4c property must 8.33 provide guest registers or other records demonstrating that the 8.34 units for which class 1c or 4c designation is sought were not 8.35 occupied for more than 250 days in the year preceding the 8.36 assessment if so requested. The portion of a property operated 9.1 as a (1) restaurant, (2) bar, (3) gift shop, and (4) other 9.2 nonresidential facility operated on a commercial basis not 9.3 directly related to temporary and seasonal residential occupancy 9.4 for recreation purposes shall not qualify for class 1c or 4c; 9.5 (2) qualified property used as a golf course if: 9.6 (i) it is open to the public on a daily fee basis. It may 9.7 charge membership fees or dues, but a membership fee may not be 9.8 required in order to use the property for golfing, and its green 9.9 fees for golfing must be comparable to green fees typically 9.10 charged by municipal courses; and 9.11 (ii) it meets the requirements of section 273.112, 9.12 subdivision 3, paragraph (d). 9.13 A structure used as a clubhouse, restaurant, or place of 9.14 refreshment in conjunction with the golf course is classified as 9.15 class 3a property; 9.16 (3) real property up to a maximum of one acre of land owned 9.17 by a nonprofit community service oriented organization; provided 9.18 that the property is not used for a revenue-producing activity 9.19 for more than six days in the calendar year preceding the year 9.20 of assessment and the property is not used for residential 9.21 purposes on either a temporary or permanent basis. For purposes 9.22 of this clause, a "nonprofit community service oriented 9.23 organization" means any corporation, society, association, 9.24 foundation, or institution organized and operated exclusively 9.25 for charitable, religious, fraternal, civic, or educational 9.26 purposes, and which is exempt from federal income taxation 9.27 pursuant to section 501(c)(3), (10), or (19) of the Internal 9.28 Revenue Code of 1986, as amended through December 31, 1990. For 9.29 purposes of this clause, "revenue-producing activities" shall 9.30 include but not be limited to property or that portion of the 9.31 property that is used as an on-sale intoxicating liquor or 3.2 9.32 percent malt liquor establishment licensed under chapter 340A, a 9.33 restaurant open to the public, bowling alley, a retail store, 9.34 gambling conducted by organizations licensed under chapter 349, 9.35 an insurance business, or office or other space leased or rented 9.36 to a lessee who conducts a for-profit enterprise on the 10.1 premises. Any portion of the property which is used for 10.2 revenue-producing activities for more than six days in the 10.3 calendar year preceding the year of assessment shall be assessed 10.4 as class 3a. The use of the property for social events open 10.5 exclusively to members and their guests for periods of less than 10.6 24 hours, when an admission is not charged nor any revenues are 10.7 received by the organization shall not be considered a 10.8 revenue-producing activity; 10.9 (4) post-secondary student housing of not more than one 10.10 acre of land that is owned by a nonprofit corporation organized 10.11 under chapter 317A and is used exclusively by a student 10.12 cooperative, sorority, or fraternity for on-campus housing or 10.13 housing located within two miles of the border of a college 10.14 campus; 10.15 (5) manufactured home parks as defined in section 327.14, 10.16 subdivision 3; and 10.17 (6) real property that is actively and exclusively devoted 10.18 to indoor fitness, health, social, recreational, and related 10.19 uses, is owned and operated by a not-for-profit corporation, and 10.20 is located within the metropolitan area as defined in section 10.21 473.121, subdivision 2. 10.22 Class 4c property has a class rate of 1.65 percent of 10.23 market value, except that (i) each parcel of seasonal 10.24 residential recreational property not used for commercial 10.25 purposes has the same class rates as class 4bb property, (ii) 10.26 manufactured home parks assessed under clause (5) have the same 10.27 class rate as class 4b property, and (iii) property described in 10.28 paragraph (d), clause (4), has the same class rate as the rate 10.29 applicable to the first tier of class 4bb nonhomestead 10.30 residential real estate under paragraph (c). 10.31 (e) Class 4d property is qualifying low-income rental 10.32 housing certified to the assessor by the housing finance agency 10.33 under sections 273.126 and 462A.071. Class 4d includes land in 10.34 proportion to the total market value of the building that is 10.35 qualifying low-income rental housing. For all properties 10.36 qualifying as class 4d, the market value determined by the 11.1 assessor must be based on the normal approach to value using 11.2 normal unrestricted rents. 11.3 Class 4d property has a class rate of one percent of market 11.4 value. 11.5 Sec. 3. Minnesota Statutes 1999 Supplement, section 11.6 273.1382, subdivision 1b, is amended to read: 11.7 Subd. 1b. [EDUCATION AGRICULTURAL CREDIT.] Property 11.8 classified as class 2a agricultural homestead or class 2b 11.9 agricultural nonhomestead or timberland is eligible for 11.10 education agricultural credit. The credit is equal to54100 11.11 percent, in the case of agricultural homestead property, or 5011.12percent, in the case of agricultural nonhomestead property or11.13timberland,of the property's net tax capacity times the 11.14 education credit tax rate determined in subdivision 1. The net 11.15 tax capacity of class 2a property attributable to the house, 11.16 garage, and surrounding one acre of land is not eligible for the 11.17 credit under this subdivision. 11.18 Sec. 4. Minnesota Statutes 1999 Supplement, section 11.19 273.1398, subdivision 1a, is amended to read: 11.20 Subd. 1a. [TAX BASE DIFFERENTIAL.] (a) For aids payable in 11.21 2000, the tax base differential is: 11.22 (1) 0.45 percent of the assessment year 1998 taxable market 11.23 value of class 2a agricultural homestead property, excluding the 11.24 house, garage, and surrounding one acre of land, between 11.25 $115,000 and $600,000 and over 320 acres, minus the value over 11.26 $600,000 that is less than 320 acres; plus 11.27 (2) 0.5 percent of the assessment year 1998 taxable market 11.28 value of noncommercial seasonal recreational residential 11.29 property over $75,000 in value; plus 11.30 (3) for purposes of computing the fiscal disparity 11.31 adjustment only, 0.2 percent of the assessment year 1998 taxable 11.32 market value of class 3 commercial-industrial property over 11.33 $150,000. 11.34 (b) For aids payable in 2001, the tax base differential is: 11.35 (1) 0.4 percent of the assessment year 1999 taxable market 11.36 value of class 4a property which was subject to a class rate of 12.1 2.4 percent for taxes payable in 2000; plus 12.2 (2) 0.15 percent of the assessment year 1999 taxable market 12.3 value of class 4a property which was subject to a class rate of 12.4 2.15 percent for taxes payable in 2000; plus 12.5 (3) 0.4 percent of the assessment year 1999 taxable market 12.6 value of class 3 property up to $150,000 and 1.4 percent of the 12.7 1999 taxable market value of class 3 property over $150,000 but 12.8 not more than $350,000. 12.9(b)(c) For the purposes of the distribution of homestead 12.10 and agricultural credit aid for aids payable in2000a calendar 12.11 year, the commissioner of revenueshallmay use the best 12.12 information available as of June 30, 1999,of the previous 12.13 calendar year to make an estimate ofthe value described in12.14paragraph (a), clause (1)any values described in this 12.15 subdivision for which data is not available. The commissioner 12.16 shall adjust the distribution of homestead and agricultural 12.17 credit aid for aids payable in2001 andsubsequent years if new 12.18 information regarding the valuedescribed in paragraph (a),12.19clause (1),becomes availableafter June 30, 1999. 12.20 Sec. 5. [EFFECTIVE DATE.] 12.21 Sections 1 to 3 are effective for taxes levied in 2000, 12.22 payable in 2001, and thereafter. Section 4 is effective for 12.23 aids payable in 2001 and thereafter. 12.24 ARTICLE 2 12.25 PERSONAL AND DEPENDENT INCOME TAX SUBTRACTION 12.26 Section 1. Minnesota Statutes 1999 Supplement, section 12.27 290.01, subdivision 19b, is amended to read: 12.28 Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For 12.29 individuals, estates, and trusts, there shall be subtracted from 12.30 federal taxable income: 12.31 (1) interest income on obligations of any authority, 12.32 commission, or instrumentality of the United States to the 12.33 extent includable in taxable income for federal income tax 12.34 purposes but exempt from state income tax under the laws of the 12.35 United States; 12.36 (2) if included in federal taxable income, the amount of 13.1 any overpayment of income tax to Minnesota or to any other 13.2 state, for any previous taxable year, whether the amount is 13.3 received as a refund or as a credit to another taxable year's 13.4 income tax liability; 13.5 (3) the amount paid to others, less the credit allowed 13.6 under section 290.0674, not to exceed $1,625 for each qualifying 13.7 child in grades kindergarten to 6 and $2,500 for each qualifying 13.8 child in grades 7 to 12, for tuition, textbooks, and 13.9 transportation of each qualifying child in attending an 13.10 elementary or secondary school situated in Minnesota, North 13.11 Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of 13.12 this state may legally fulfill the state's compulsory attendance 13.13 laws, which is not operated for profit, and which adheres to the 13.14 provisions of the Civil Rights Act of 1964 and chapter 363. For 13.15 the purposes of this clause, "tuition" includes fees or tuition 13.16 as defined in section 290.0674, subdivision 1, clause (1). As 13.17 used in this clause, "textbooks" includes books and other 13.18 instructional materials and equipment used in elementary and 13.19 secondary schools in teaching only those subjects legally and 13.20 commonly taught in public elementary and secondary schools in 13.21 this state. Equipment expenses qualifying for deduction 13.22 includes expenses as defined and limited in section 290.0674, 13.23 subdivision 1, clause (3). "Textbooks" does not include 13.24 instructional books and materials used in the teaching of 13.25 religious tenets, doctrines, or worship, the purpose of which is 13.26 to instill such tenets, doctrines, or worship, nor does it 13.27 include books or materials for, or transportation to, 13.28 extracurricular activities including sporting events, musical or 13.29 dramatic events, speech activities, driver's education, or 13.30 similar programs. For purposes of the subtraction provided by 13.31 this clause, "qualifying child" has the meaning given in section 13.32 32(c)(3) of the Internal Revenue Code; 13.33 (4) contributions made in taxable years beginning after 13.34 December 31, 1981, and before January 1, 1985, to a qualified 13.35 governmental pension plan, an individual retirement account, 13.36 simplified employee pension, or qualified plan covering a 14.1 self-employed person that were included in Minnesota gross 14.2 income in the taxable year for which the contributions were made 14.3 but were deducted or were not included in the computation of 14.4 federal adjusted gross income, less any amount allowed to be 14.5 subtracted as a distribution under this subdivision or a 14.6 predecessor provision in taxable years that began before January 14.7 1, 2000. This subtraction applies only for taxable years 14.8 beginning after December 31, 1999, and before January 1, 2001; 14.9 (5) income as provided under section 290.0802; 14.10 (6) the amount of unrecovered accelerated cost recovery 14.11 system deductions allowed under subdivision 19g; 14.12 (7) to the extent included in federal adjusted gross 14.13 income, income realized on disposition of property exempt from 14.14 tax under section 290.491; 14.15 (8) to the extent not deducted in determining federal 14.16 taxable income, the amount paid for health insurance of 14.17 self-employed individuals as determined under section 162(l) of 14.18 the Internal Revenue Code, except that the percent limit does 14.19 not apply. If the taxpayer deducted insurance payments under 14.20 section 213 of the Internal Revenue Code of 1986, the 14.21 subtraction under this clause must be reduced by the lesser of: 14.22 (i) the total itemized deductions allowed under section 14.23 63(d) of the Internal Revenue Code, less state, local, and 14.24 foreign income taxes deductible under section 164 of the 14.25 Internal Revenue Code and the standard deduction under section 14.26 63(c) of the Internal Revenue Code; or 14.27 (ii) the lesser of (A) the amount of insurance qualifying 14.28 as "medical care" under section 213(d) of the Internal Revenue 14.29 Code to the extent not deducted under section 162(1) of the 14.30 Internal Revenue Code or excluded from income or (B) the total 14.31 amount deductible for medical care under section 213(a); 14.32 (9) the exemption amount allowed under Laws 1995, chapter 14.33 255, article 3, section 2, subdivision 3; 14.34 (10) to the extent included in federal taxable income, 14.35 postservice benefits for youth community service under section 14.36 124D.42 for volunteer service under United States Code, title 15.1 42, section 5011(d), as amended; 15.2 (11) to the extent not deducted in determining federal 15.3 taxable income by an individual who does not itemize deductions 15.4 for federal income tax purposes for the taxable year, an amount 15.5 equal to 50 percent of the excess of charitable contributions 15.6 allowable as a deduction for the taxable year under section 15.7 170(a) of the Internal Revenue Code over $500;and15.8 (12) to the extent included in federal taxable income, 15.9 holocaust victims' settlement payments for any injury incurred 15.10 as a result of the holocaust, if received by an individual who 15.11 was persecuted for racial or religious reasons by Nazi Germany 15.12 or any other Axis regime or an heir of such a person; and 15.13 (13) an amount equal to $900 for each of the taxpayer's 15.14 personal and dependent exemptions, as defined in sections 151 15.15 and 152 of the Internal Revenue Code, and allowed on the 15.16 taxpayer's federal income tax return for the tax year. 15.17 Sec. 2. [EFFECTIVE DATE.] 15.18 Section 1 is effective for taxable years beginning after 15.19 December 31, 1999. 15.20 ARTICLE 3 15.21 SALES TAX REBATE 15.22 Section 1. [STATEMENT OF PURPOSE.] 15.23 (a) The state of Minnesota derives revenues from a variety 15.24 of taxes, fees, and other sources, including the state sales tax. 15.25 (b) It is fair and reasonable to refund the existing state 15.26 budget surplus in the form of a rebate of nonbusiness consumer 15.27 sales taxes paid by individuals in calendar year 1998. 15.28 (c) Information concerning the amount of sales tax paid at 15.29 various income levels is contained in the Minnesota tax 15.30 incidence report, which is written by the commissioner of 15.31 revenue and presented to the legislature according to Minnesota 15.32 Statutes, section 270.0682. 15.33 (d) It is fair and reasonable to use information contained 15.34 in the Minnesota tax incidence report, updated to calendar year 15.35 1998, to determine the proportionate share of the sales tax 15.36 rebate due each eligible taxpayer since no effective or 16.1 practical mechanism exists for determining the amount of actual 16.2 sales tax paid by each eligible individual. 16.3 Sec. 2. [SALES TAX REBATE.] 16.4 (a) An individual who: 16.5 (1) was eligible for a credit under Laws 1998, chapter 389, 16.6 article 1, section 1, and who filed for or received that credit 16.7 on or before June 15, 2000; or 16.8 (2) was a resident of Minnesota for any part of 1998, and 16.9 filed a 1998 Minnesota income tax return on or before June 15, 16.10 2000, and had a tax liability before refundable credits on that 16.11 return of at least $1 but did not file the claim for credit 16.12 authorized under Laws 1998, chapter 389, article 1, section 1, 16.13 as amended, and who was not allowed to be claimed as a dependent 16.14 on a 1998 federal income tax return filed by another person; or 16.15 (3) had the property taxes payable on his or her homestead 16.16 abated to zero under Laws 1998, chapter 383, section 20, shall 16.17 receive a sales tax rebate. 16.18 (b) The sales tax rebate for taxpayers who qualify under 16.19 paragraph (a) as married filing joint or head of household must 16.20 be computed according to the following schedule: 16.21 Income Sales Tax Rebate 16.22 less than $2,500 $140 16.23 at least $2,500 but less than $5,000 $180 16.24 at least $5,000 but less than $10,000 $192 16.25 at least $10,000 but less than $15,000 $211 16.26 at least $15,000 but less than $20,000 $229 16.27 at least $20,000 but less than $25,000 $249 16.28 at least $25,000 but less than $30,000 $260 16.29 at least $30,000 but less than $35,000 $281 16.30 at least $35,000 but less than $40,000 $308 16.31 at least $40,000 but less than $45,000 $330 16.32 at least $45,000 but less than $50,000 $347 16.33 at least $50,000 but less than $60,000 $370 16.34 at least $60,000 but less than $70,000 $396 16.35 at least $70,000 but less than $80,000 $436 16.36 at least $80,000 but less than $90,000 $468 17.1 at least $90,000 but less than $100,000 $517 17.2 at least $100,000 but less than $120,000 $559 17.3 at least $120,000 but less than $140,000 $613 17.4 at least $140,000 but less than $160,000 $662 17.5 at least $160,000 but less than $180,000 $709 17.6 at least $180,000 but less than $200,000 $753 17.7 at least $200,000 but less than $400,000 $964 17.8 at least $400,000 but less than $600,000 $1,268 17.9 at least $600,000 but less than $800,000 $1,521 17.10 at least $800,000 but less than $1,000,000 $1,744 17.11 $1,000,000 and over $2,000 17.12 (c) The sales tax rebate for individuals who qualify under 17.13 paragraph (a) as single or married filing separately must be 17.14 computed according to the following schedule: 17.15 Income Sales Tax Rebate 17.16 less than $2,500 $79 17.17 at least $2,500 but less than $5,000 $97 17.18 at least $5,000 but less than $10,000 $114 17.19 at least $10,000 but less than $15,000 $153 17.20 at least $15,000 but less than $20,000 $175 17.21 at least $20,000 but less than $25,000 $190 17.22 at least $25,000 but less than $30,000 $198 17.23 at least $30,000 but less than $40,000 $216 17.24 at least $40,000 but less than $50,000 $242 17.25 at least $50,000 but less than $70,000 $285 17.26 at least $70,000 but less than $100,000 $362 17.27 at least $100,000 but less than $140,000 $436 17.28 at least $140,000 but less than $200,000 $527 17.29 at least $200,000 but less than $400,000 $714 17.30 at least $400,000 but less than $600,000 $940 17.31 $600,000 and over $1,000 17.32 (d) Individuals who were not residents of Minnesota for any 17.33 part of 1998 and who paid more than $10 in Minnesota sales tax 17.34 on nonbusiness consumer purchases in that year qualify for a 17.35 rebate under this paragraph only. Qualifying nonresidents must 17.36 file a claim for rebate on a form prescribed by the commissioner 18.1 before the later of June 15, 2000, or 30 days after the date of 18.2 enactment of this act. The claim must include receipts showing 18.3 the Minnesota sales tax paid and the date of the sale. Taxes 18.4 paid on purchases allowed in the computation of federal taxable 18.5 income or reimbursed by an employer are not eligible for the 18.6 rebate. The commissioner shall determine the qualifying taxes 18.7 paid and rebate the lesser of: 18.8 (1) 24.75 percent of that amount; or 18.9 (2) the maximum amount for which the claimant would have 18.10 been eligible as determined under paragraph (b) if the taxpayer 18.11 filed the 1998 federal income tax return as a married taxpayer 18.12 filing jointly or head of household, or as determined under 18.13 paragraph (c) for other taxpayers. 18.14 (e) "Income," for purposes of this section other than 18.15 paragraph (d), is taxable income as defined in section 63 of the 18.16 Internal Revenue Code of 1986, as amended through December 31, 18.17 1997, plus the sum of any additions to federal taxable income 18.18 for the taxpayer under Minnesota Statutes, section 290.01, 18.19 subdivision 19a, and reported on the original 1998 income tax 18.20 return, including subsequent adjustments to that return made 18.21 within the time limits specified in paragraph (i). For an 18.22 individual who was a resident of Minnesota for less than the 18.23 entire year, the sales tax rebate equals the sales tax rebate 18.24 calculated under paragraph (b) or (c) multiplied by the 18.25 percentage determined pursuant to Minnesota Statutes, section 18.26 290.06, subdivision 2c, paragraph (e), as calculated on the 18.27 original 1998 income tax return, including subsequent 18.28 adjustments to that return made within the time limits specified 18.29 in paragraph (i). For purposes of paragraph (d), "income" is 18.30 taxable income as defined in section 63 of the Internal Revenue 18.31 Code of 1986, as amended through December 31, 1997, and reported 18.32 on the taxpayer's original federal tax return for the first 18.33 taxable year beginning after December 31, 1997. 18.34 (f) For a fiscal year taxpayer, the June 15, 2000, dates in 18.35 paragraphs (a) through (d) are extended one month for each month 18.36 in calendar year 1998 that occurred prior to the start of the 19.1 individual's 1998 fiscal tax year. 19.2 (g) Before payment, the commissioner of revenue shall 19.3 adjust the rebate as follows: 19.4 the rebates calculated in paragraphs (b), (c), and (d) must 19.5 be proportionately reduced to account for 1998 income tax 19.6 returns that are filed on or after January 1, 2000, but before 19.7 July 1, 2000, so that the amount of sales tax rebates payable 19.8 under paragraphs (b), (c), and (d) does not exceed 19.9 $497,000,000. The adjustment under this paragraph is not a rule 19.10 subject to Minnesota Statutes, chapter 14. 19.11 (h) The commissioner of revenue may begin making sales tax 19.12 rebates by August 1, 2000. Sales tax rebates not paid by 19.13 September 1, 2000, bear interest at the rate specified in 19.14 Minnesota Statutes, section 270.75. 19.15 (i) A sales tax rebate shall not be adjusted based on 19.16 changes to a 1998 income tax return that are made by order of 19.17 assessment after June 15, 2000, or made by the taxpayer that are 19.18 filed with the commissioner of revenue after June 15, 2000. 19.19 (j) Individuals who filed a joint income tax return for 19.20 1998 shall receive a joint sales tax rebate. After the sales 19.21 tax rebate has been issued, but before the check has been 19.22 cashed, either joint claimant may request a separate check for 19.23 one-half of the joint sales tax rebate. Notwithstanding 19.24 anything in this section to the contrary, if prior to payment, 19.25 the commissioner has been notified that persons who filed a 19.26 joint 1998 income tax return are living at separate addresses, 19.27 as indicated on their 1999 income tax return or otherwise, the 19.28 commissioner may issue separate checks to each person. The 19.29 amount payable to each person is one-half of the total joint 19.30 rebate. 19.31 (k) If a rebate is received by the estate of a deceased 19.32 individual after the probate estate has been closed, and if the 19.33 original rebate check is returned to the commissioner with a 19.34 copy of the decree of descent or final account of the estate, 19.35 social security numbers, and addresses of the beneficiaries, the 19.36 commissioner may issue separate checks in proportion to their 20.1 share in the residuary estate in the names of the residuary 20.2 beneficiaries of the estate. 20.3 (l) The sales tax rebate is a "Minnesota tax law" for 20.4 purposes of Minnesota Statutes, section 270B.01, subdivision 8. 20.5 (m) The sales tax rebate is "an overpayment of any tax 20.6 collected by the commissioner" for purposes of Minnesota 20.7 Statutes, section 270.07, subdivision 5. For purposes of this 20.8 paragraph, a joint sales tax rebate is payable to each spouse 20.9 equally. 20.10 (n) If the commissioner of revenue cannot locate an 20.11 individual entitled to a sales tax rebate by July 1, 2002, or if 20.12 an individual to whom a sales tax rebate was issued has not 20.13 cashed the check by July 1, 2002, the right to the sales tax 20.14 rebate lapses and the check must be deposited in the general 20.15 fund. 20.16 (o) Individuals entitled to a sales tax rebate pursuant to 20.17 paragraph (a), but who did not receive one, and individuals who 20.18 receive a sales tax rebate that was not correctly computed, must 20.19 file a claim with the commissioner before July 1, 2001, in a 20.20 form prescribed by the commissioner. These claims must be 20.21 treated as if they are a claim for refund under Minnesota 20.22 Statutes, section 289A.50, subdivisions 4 and 7. 20.23 (p) The sales tax rebate is a refund subject to revenue 20.24 recapture under Minnesota Statutes, chapter 270A. The 20.25 commissioner of revenue shall remit the entire refund to the 20.26 claimant agency, which shall, upon the request of the spouse who 20.27 does not owe the debt, refund one-half of the joint sales tax 20.28 rebate to the spouse who does not owe the debt. 20.29 (q) The rebate is a reduction of fiscal year 2000 sales tax 20.30 revenues. The amount necessary to make the sales tax rebates 20.31 and interest provided in this section is appropriated from the 20.32 general fund to the commissioner of revenue in fiscal year 2000 20.33 and is available until June 30, 2002. 20.34 (r) If a sales tax rebate check is cashed by someone other 20.35 than the payee or payees of the check, and the commissioner of 20.36 revenue determines that the check has been forged or improperly 21.1 endorsed or the commissioner determines that a rebate was 21.2 overstated or erroneously issued, the commissioner may issue an 21.3 order of assessment for the amount of the check or the amount 21.4 the check is overstated against the person or persons cashing 21.5 it. The assessment must be made within two years after the 21.6 check is cashed, but if cashing the check constitutes theft 21.7 under Minnesota Statutes, section 609.52, or forgery under 21.8 Minnesota Statutes, section 609.631, the assessment can be made 21.9 at any time. The assessment may be appealed administratively 21.10 and judicially. The commissioner may take action to collect the 21.11 assessment in the same manner as provided by Minnesota Statutes, 21.12 chapter 289A, for any other order of the commissioner assessing 21.13 tax. 21.14 (s) Notwithstanding Minnesota Statutes, sections 9.031, 21.15 16A.40, 16B.49, 16B.50, and any other law to the contrary, the 21.16 commissioner of revenue may take whatever actions the 21.17 commissioner deems necessary to pay the rebates required by this 21.18 section, and may, in consultation with the commissioner of 21.19 finance and the state treasurer, contract with a private vendor 21.20 or vendors to process, print, and mail the rebate checks or 21.21 warrants required under this section and receive and disburse 21.22 state funds to pay those checks or warrants. 21.23 (t) The commissioner may pay rebates required by this 21.24 section by electronic funds transfer to individuals who 21.25 requested that their 1999 individual income tax refund be paid 21.26 through electronic funds transfer. The commissioner may make 21.27 the electronic funds transfer payments to the same financial 21.28 institution and into the same account as the 1999 individual 21.29 income tax refund. 21.30 Sec. 3. [APPROPRIATION.] 21.31 $....... is appropriated from the general fund to the 21.32 commissioner of revenue to administer the sales tax rebate for 21.33 fiscal year 2000. Any unencumbered balance remaining on June 21.34 30, 2000, does not cancel but is available for expenditure by 21.35 the commissioner of revenue until June 30, 2002. This is a 21.36 one-time appropriation and may not be added to the agency's 22.1 budget base. 22.2 Sec. 4. [EFFECTIVE DATE.] 22.3 Sections 1 to 3 are effective the day following final 22.4 enactment. 22.5 ARTICLE 4 22.6 SALES TAX EXEMPTION FOR POLITICAL SUBDIVISIONS 22.7 Section 1. Minnesota Statutes 1999 Supplement, section 22.8 297A.25, subdivision 11, is amended to read: 22.9 Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from 22.10 all sales, including sales in which title is retained by a 22.11 seller or a vendor or is assigned to a third party under an 22.12 installment sale or lease purchase agreement under section 22.13 465.71, of tangible personal property to, and all storage, use 22.14 or consumption of such property by,the following governmental 22.15 entities are exempt: 22.16 (1) the United States and its agencies and 22.17 instrumentalities,; 22.18 (2) the University of Minnesota, state universities, 22.19 community colleges, technical colleges, state academies, and the 22.20 Perpich center for arts education, an instrumentality of a22.21political subdivision that is accredited as an optional/special22.22function school by the North Central Association of Colleges and22.23Schools, school districts,; 22.24 (3) public libraries, public library systems, multicounty, 22.25 multitype library systems as defined in section 134.001,county22.26law libraries under chapter 134A,the state library under 22.27 section 480.09, and the legislative reference libraryare22.28exempt; and 22.29 (4) political subdivisions of a state and their agencies 22.30 and instrumentalities. 22.31As used in this subdivision, "school districts" means22.32public school entities and districts of every kind and nature22.33organized under the laws of the state of Minnesota, including,22.34without limitation, school districts, intermediate school22.35districts, education districts, service cooperatives, secondary22.36vocational cooperative centers, special education cooperatives,23.1joint purchasing cooperatives, telecommunication cooperatives,23.2regional management information centers, and any instrumentality23.3of a school district, as defined in section 471.59.23.4 Sales exempted by this subdivision include sales under 23.5 section 297A.01, subdivision 3, paragraph (f). 23.6Sales to hospitals and nursing homes owned and operated by23.7political subdivisions of the state are exempt under this23.8subdivision.23.9Sales of supplies and equipment used in the operation of an23.10ambulance service owned and operated by a political subdivision23.11of the state are exempt under this subdivision provided that the23.12supplies and equipment are used in the course of providing23.13medical care. Sales to a political subdivision of repair and23.14replacement parts for emergency rescue vehicles and fire trucks23.15and apparatus are exempt under this subdivision.23.16Sales to a political subdivision of machinery and23.17equipment, except for motor vehicles, used directly for mixed23.18municipal solid waste management services at a solid waste23.19disposal facility as defined in section 115A.03, subdivision 10,23.20are exempt under this subdivision.23.21Sales to political subdivisions of chore and homemaking23.22services to be provided to elderly or disabled individuals are23.23exempt.23.24Sales to a town of gravel and of machinery, equipment, and23.25accessories, except motor vehicles, used exclusively for road23.26and bridge maintenance, and leases of motor vehicles exempt from23.27tax under section 297B.03, clause (10), are exempt.23.28 Sales of telephone services to the department of 23.29 administration that are used to provide telecommunications 23.30 services through the intertechnologies revolving fund are exempt 23.31 under this subdivision. 23.32 This exemption shall not apply to building, construction or 23.33 reconstruction materials purchased by a contractor or a 23.34 subcontractor as a part of a lump-sum contract or similar type 23.35 of contract with a guaranteed maximum price covering both labor 23.36 and materials for use in the construction, alteration, or repair 24.1 of a building or facility. This exemption does not apply to 24.2 construction materials purchased by tax exempt entities or their 24.3 contractors to be used in constructing buildings or facilities 24.4 which will not be used principally by the tax exempt entities. 24.5 This exemption does not apply to the leasing of a motor 24.6 vehicle as defined in section 297B.01, subdivision 5, except for: 24.7 (1) leases entered into by the United States or its 24.8 agencies or instrumentalities; and 24.9 (2) leases entered into by a political subdivision of motor 24.10 vehicles exempt from tax under chapter 297B. 24.11The tax imposed on sales to political subdivisions of the24.12state under this section applies to all political subdivisions24.13other than those explicitly exempted under this subdivision,24.14notwithstanding section 115A.69, subdivision 6, 116A.25,24.15360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2,24.16469.127, 473.448, 473.545, or 473.608 or any other law to the24.17contrary enacted before 1992.24.18 Sales exempted by this subdivision include sales made to 24.19 other statesor political subdivisions of other states,if the 24.20 sale would be exempt from taxation if it occurred in that state, 24.21 but do not include sales under section 297A.01, subdivision 3, 24.22 paragraphs (c) and (e). 24.23 Sec. 2. Minnesota Statutes 1998, section 297A.47, is 24.24 amended to read: 24.25 297A.47 [REPORTING OF SALES TAX ON MINNESOTA GOVERNMENTS.] 24.26 The commissioner shall estimate the amount of revenues 24.27 derived from imposing the tax under this chapter and chapter 24.28 297B on state agencies and political subdivisions for each 24.29 fiscal year and shall report this amount to the commissioner of 24.30 finance before the time for filing reports for the fiscal year 24.31 with the United States Department of Commerce. The commissioner 24.32 of finance in reporting the sales tax and sales tax on motor 24.33 vehicles collections to the United States Department of Commerce 24.34 shall exclude this amount from the sales and motor vehicle 24.35 collections.Sales tax andSales tax on motor vehiclesrevenues24.36 revenue received from political subdivisions must be reported as 25.1 intergovernmental grants or similar intergovernmental revenue. 25.2 The amount of the sales tax and sales tax on motor vehicles paid 25.3 by state agencies must be reported as reduced state expenditures. 25.4 Sec. 3. [EFFECTIVE DATE.] 25.5 Sections 1 and 2 are effective for sales occurring after 25.6 June 30, 2000.