1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/04/2015 03:34pm
A bill for an act
relating to financing of state and local government; making changes to individual
income and corporate franchise, property, sales and use, estate, mineral, tobacco,
special, local, and other taxes and tax-related provisions; providing for and
expanding credits; modifying local government aids; modifying exclusions,
exemptions, and levy deadlines; modifying sales and use tax exemptions;
changing sales, use, and excise tax remittances; modifying certain local sales and
use taxes; modifying income tax credits; modifying the payment in lieu of tax
provisions; clarifying estate tax provisions; providing for and modifying certain
local development projects; modifying electric generation machinery valuation;
clarifying tax increment financing rules; modifying property tax interest rates;
modifying valuation and taxation of railroad property; modifying the Sustainable
Forest Incentive Act; modifying Iron Range fiscal disparities program; modifying
certain county levy authority; allocating additional tax reductions for border
cities; modifying the distribution of taconite production and occupation taxes;
modifying and providing provisions for public finance; making conforming,
policy, and technical changes to tax provisions; requiring reports; appropriating
money; amending Minnesota Statutes 2014, sections 13.51, subdivision 2;
16A.152, subdivisions 2, 8; 16D.08, subdivision 2; 69.021, subdivision 5;
126C.01, subdivision 3; 126C.40, subdivision 1; 136A.129, subdivision 3;
138.053; 216B.1621, subdivision 2; 216B.164, subdivision 2a; 216B.2424,
subdivision 5; 270.071, subdivisions 2, 7, 8, by adding a subdivision; 270.072,
subdivisions 2, 3, by adding a subdivision; 270.12, by adding a subdivision;
270.80, subdivisions 1, 2, 3, 4, by adding subdivisions; 270.81, subdivisions 1,
3, by adding a subdivision; 270.82; 270.83, subdivisions 1, 2; 270.84; 270.86;
270.87; 270A.03, subdivision 5; 270B.14, subdivision 1; 270C.03, subdivision
1; 270C.30; 270C.33, subdivisions 5, 8; 270C.34, subdivision 2; 270C.347,
subdivision 1; 270C.35, subdivision 3, by adding a subdivision; 270C.38,
subdivision 1; 270C.445, by adding a subdivision; 270C.446, subdivision
5; 270C.72, subdivision 4; 270C.89, subdivision 1; 271.06, subdivisions 2,
7; 271.08, subdivision 1; 271.21, subdivision 2; 272.02, subdivisions 9, 10;
272.0211, subdivision 1; 272.025, subdivision 1; 272.029, subdivisions 2, 4,
by adding a subdivision; 272.0295, subdivision 4; 272.115, subdivision 2;
273.032; 273.061, subdivision 7; 273.08; 273.121, by adding a subdivision;
273.124, subdivision 13; 273.13, subdivisions 23, 24; 273.1392; 273.1393;
273.33, subdivisions 1, 2; 273.37, subdivision 1; 273.371; 273.372, subdivisions
2, 4, by adding subdivisions; 274.01, subdivision 1; 274.13, subdivision 1;
274.135, subdivision 3; 275.025, subdivisions 1, 3; 275.065, subdivisions 1, 3;
275.066; 275.07, subdivision 1; 275.62, subdivision 2; 276.04, subdivision 2;
276A.06, subdivisions 3, 5; 278.01, subdivision 1; 279.01, subdivision 1; 279.37,
subdivision 2; 282.01, subdivisions 1a, 1d, 4; 282.261, subdivision 2; 287.2205;
289A.02, subdivision 7, as amended; 289A.08, subdivisions 11, 16, by adding
a subdivision; 289A.09, subdivisions 1, 2; 289A.11, subdivision 1; 289A.12,
subdivision 14; 289A.20, subdivision 4; 289A.38, subdivision 6; 289A.50,
subdivision 7; 289A.60, subdivisions 15, 28; 290.01, subdivisions 4a, 7, 19,
as amended, 19b, 19c, 19d, 31, as amended, by adding a subdivision; 290.06,
by adding subdivisions; 290.0671, subdivisions 1, 6a; 290.0672, subdivision
1; 290.0674, subdivisions 1, 2; 290.068, subdivisions 1, 2, 3, 6a, by adding
a subdivision; 290.091, subdivision 3; 290.0921, subdivision 3; 290.0922,
subdivision 2; 290.17, subdivision 4; 290.191, subdivision 5; 290.21, subdivision
4; 290A.03, subdivisions 13, 15, as amended; 290A.04, subdivision 2h; 290A.19;
290B.03, subdivision 1; 290B.04, subdivision 1; 290C.01; 290C.02, subdivisions
1, 3, 6; 290C.03; 290C.04; 290C.05; 290C.055; 290C.07; 290C.08, subdivision
1; 290C.10; 290C.11; 290C.13, subdivisions 3, 6; 291.005, subdivision 1;
291.03, subdivision 10, by adding a subdivision; 291.031; 295.54, subdivision 2;
295.55, subdivision 6; 296A.01, subdivisions 12, 33, 42, by adding subdivisions;
296A.02, by adding a subdivision; 296A.07, subdivisions 1, 4; 296A.08,
subdivision 2; 296A.09, subdivisions 1, 3, 5, 6; 296A.15, subdivisions 1, 4;
296A.17, subdivisions 1, 2, 3; 296A.18, subdivisions 1, 8; 296A.19, subdivision
1; 296A.22, subdivision 9; 296A.26; 297A.62, subdivision 3; 297A.67,
subdivision 7a, by adding subdivisions; 297A.68, subdivisions 5, 35a; 297A.70,
subdivisions 4, 14, by adding a subdivision; 297A.82, subdivision 4a; 297A.994,
subdivision 4; 297D.02; 297E.02, subdivisions 3, 7; 297E.04, subdivision
1; 297E.05, subdivision 4; 297E.06, subdivision 1; 297F.05, subdivision 3;
297F.09, subdivisions 1, 10; 297F.23; 297G.09, subdivisions 1, 9; 297G.22;
297H.04, subdivision 2; 297H.06, subdivision 2; 297I.05, subdivision 2; 297I.10,
subdivisions 1, 3; 297I.30, by adding a subdivision; 297I.60, subdivision 2;
298.01, subdivisions 3b, 4c; 298.17; 298.227; 298.24, subdivision 1, by adding
a subdivision; 298.28, subdivisions 3, 7a; 366.095, subdivision 1; 383B.117,
subdivision 2; 410.32; 412.301; 469.034, subdivision 2; 469.101, subdivision
1; 469.169, by adding a subdivision; 469.174, subdivision 12; 469.175,
subdivision 3; 469.176, subdivision 4c; 469.1761, by adding a subdivision;
469.1763, subdivisions 1, 2, 3; 469.178, subdivision 7; 469.190, subdivisions
1, 7; 469.194, subdivision 1; 469.319, subdivision 5; 469.40, subdivision
11, as amended; 469.43, by adding a subdivision; 469.45, subdivisions 1, 2;
469.47, subdivision 4, as amended; 473H.09; 475.58, subdivision 3b; 475.60,
subdivision 2; 477A.0124, subdivision 4; 477A.013, subdivision 1, by adding a
subdivision; 477A.014, subdivision 1; 477A.015; 477A.017, subdivisions 2, 3;
477A.03, subdivisions 2a, 2b, 2c; 477A.12, subdivisions 1, 2; 477A.13; 477A.15;
477A.19, by adding subdivisions; 477A.20; 524.3-916; 559.202, subdivision 2;
Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended;
Laws 1991, chapter 291, article 8, section 27, subdivisions 3, as amended, 4,
as amended, 5, 6; Laws 1996, chapter 471, article 3, section 51; Laws 2001,
First Special Session chapter 5, article 3, section 86; Laws 2006, chapter 257,
section 2, as amended; Laws 2008, chapter 366, article 7, section 20; Laws 2013,
chapter 143, article 8, sections 22, as amended; 23, as amended; Laws 2014,
chapter 308, article 1, section 14, subdivision 2; article 7, section 7; proposing
coding for new law in Minnesota Statutes, chapters 103C; 116J; 270C; 273; 290;
290B; 290C; 293; 383B; 465; 477A; repealing Minnesota Statutes 2014, sections
3.192; 270.81, subdivision 4; 270.83, subdivision 3; 272.02, subdivisions 23, 29,
33, 41, 44, 45, 47, 52, 54, 55, 56, 68, 69, 70, 71, 80, 84, 89, 92, 93, 96, 99;
272.0211; 273.111, subdivision 9a; 275.025, subdivision 4; 281.22; 290C.02,
subdivisions 5, 9; 469.194, subdivisions 2, 4; Minnesota Rules, parts 8092.2000;
8106.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 17, 17a, 18, 19, 20,
21; 8106.0300, subparts 1, 3; 8106.0400; 8106.0500; 8106.0600; 8106.0700;
8106.0800; 8106.9900; 8125.1300, subpart 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2014, section 16D.08, subdivision 2, is amended to read:
(a) In addition to the collection remedies available to private
collection agencies in this state, the commissioner, with legal assistance from the attorney
general, may utilize any statutory authority granted to a referring agency for purposes of
collecting debt owed to that referring agency. The commissioner may also use the tax
collection remedies in sections 270C.03, subdivision 1, clause deleted text begin (8)deleted text end new text begin (9)new text end , 270C.31, 270C.32,
270C.52, subdivisions 2 and 3, 270C.63, 270C.65, and 270C.67 to 270C.72. A debtor
may take advantage of any administrative or appeal rights contained in the listed sections.
For administrative and appeal rights for nontax debts, references to administrative
appeals or to the taxpayer rights advocate shall be construed to be references to the case
reviewer, references to Tax Court shall be construed to mean district court, and offers
in compromise shall be submitted to the referring agency. A debtor who qualifies for
cancellation of collection costs under section 16D.11, subdivision 3, clause (1), can apply
to the commissioner for reduction or release of a continuous wage levy, if the debtor
establishes that the debtor needs all or a portion of the wages being levied upon to pay
for essential living expenses, such as food, clothing, shelter, medical care, or expenses
necessary for maintaining employment. The commissioner's determination not to reduce
or release a continuous wage levy is appealable to district court. The word "tax" or "taxes"
when used in the tax collection statutes listed in this subdivision also means debts referred
under this chapter.
(b) Before using the tax collection remedies listed in this subdivision, notice and
demand for payment of the amount due must be given to the person liable for the payment
or collection of the debt at least 30 days prior to the use of the remedies. The notice must
be sent to the person's last known address and must include a brief statement that sets forth
in simple and nontechnical terms the amount and source of the debt, the nature of the
available collection remedies, and remedies available to the debtor.
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This section is effective the day following final enactment.
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Minnesota Statutes 2014, section 136A.129, subdivision 3, is amended to read:
(a) An intern must be an eligible student who has
been admitted to a major program that is related to the intern experience as determined
by the eligible institution.
(b) To participate in the program, an eligible institution must:
(1) enter into written agreements with eligible employers to provide internships that
are at least eight weeks long and located in greater Minnesota; and
(2) provide academic credit for the successful completion of the internship or ensure
that it fulfills requirements necessary to complete a vocational technical education program.
(c) To participate in the program, an eligible employer must enter into a written
agreement with an eligible institution specifying that the intern:
(1) deleted text begin would not have been hired without the tax credit described in subdivision 4;
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deleted text begin (2)deleted text end did not work for the employer in the same or a similar job prior to entering
the agreement;
deleted text begin (3)deleted text end new text begin (2)new text end does not replace an existing employee;
deleted text begin (4)deleted text end new text begin (3)new text end has not previously participated in the program;
deleted text begin (5)deleted text end new text begin (4)new text end will be employed at a location in greater Minnesota;
deleted text begin (6)deleted text end new text begin (5)new text end will be paid at least minimum wage for a minimum of 16 hours per week
for a period of at least eight weeks; and
deleted text begin (7)deleted text end new text begin (6)new text end will be supervised and evaluated by the employer.
(d) The written agreement between the eligible institution and the eligible employer
must certify a credit amount to the employer, not to exceed $2,000 per intern. The total
dollar amount of credits that an eligible institution certifies to eligible employers in a
calendar year may not exceed the amount of its allocation under subdivision 4.
(e) Participating eligible institutions and eligible employers must report annually to
the office. The report must include at least the following:
(1) the number of interns hired;
(2) the number of hours and weeks worked by interns; and
(3) the compensation paid to interns.
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(f) An internship required to complete an academic program does not qualify for the
greater Minnesota internship program under this section.
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This section is effective for taxable years beginning after
December 31, 2014.
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Minnesota Statutes 2014, section 270C.03, subdivision 1, is amended to read:
The commissioner shall have and exercise
the following powers and duties:
(1) administer and enforce the assessment and collection of taxes;
(2) make determinations, corrections, and assessments with respect to taxes,
including interest, additions to taxes, and assessable penalties;
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(3) disallow the tax effects of a transaction governed under chapter 290 that does not
have economic substance;
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deleted text begin (3)deleted text end new text begin (4)new text end use statistical or other sampling techniques consistent with generally accepted
auditing standards in examining returns or records and making assessments;
deleted text begin (4)deleted text end new text begin (5)new text end investigate the tax laws of other states and countries, and formulate and
submit to the legislature such legislation as the commissioner may deem expedient
to prevent evasions of state revenue laws and to secure just and equal taxation and
improvement in the system of state revenue laws;
deleted text begin (5)deleted text end new text begin (6)new text end consult and confer with the governor upon the subject of taxation, the
administration of the laws in regard thereto, and the progress of the work of the
department, and furnish the governor, from time to time, such assistance and information
as the governor may require relating to tax matters;
deleted text begin (6)deleted text end new text begin (7)new text end execute and administer any agreement with the secretary of the treasury or the
Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Justice of the
United States or a representative of another state regarding the exchange of information
and administration of the state revenue laws;
deleted text begin (7)deleted text end new text begin (8)new text end require town, city, county, and other public officers to report information
as to the collection of taxes received from licenses and other sources, and such other
information as may be needful in the work of the commissioner, in such form as the
commissioner may prescribe;
deleted text begin (8)deleted text end new text begin (9)new text end authorize the use of unmarked motor vehicles to conduct seizures or criminal
investigations pursuant to the commissioner's authority;
deleted text begin (9)deleted text end new text begin (10)new text end authorize the participation in audits performed by the Multistate Tax
Commission. For the purposes of chapter 270B, the Multistate Tax Commission will be
considered to be a state for the purposes of auditing corporate sales, excise, and income
tax returns;
deleted text begin (10)deleted text end new text begin (11)new text end maintain toll-free telephone access for taxpayer assistance for calls from
locations within the state; and
deleted text begin (11)deleted text end new text begin (12)new text end exercise other powers and authority and perform other duties required of or
imposed upon the commissioner by law.
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This section is effective for taxable years beginning after
December 31, 2015.
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(a) For the purposes of disallowing the
tax effects of a transaction that does not have substance pursuant to section 270C.03,
subdivision 1, clause (3), a transaction shall be treated as having economic substance
only if:
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(1) the transaction changes in a meaningful way, apart from tax effects, the taxpayer's
economic position; and
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(2) the taxpayer has a substantial purpose, apart from tax effects, for entering into
the transaction.
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(b) In determining whether the requirements of paragraph (a), clauses (1) and (2),
are met, the potential for profit of a transaction shall be taken into account only if the
present value of the reasonable expected pretax profit from the transaction is substantial in
relation to the present value of the expected net tax benefits that would be allowed if the
transaction was respected. Fees and other transaction expenses shall be taken into account
as expenses in determining pretax profit.
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(c) For the purposes of paragraph (a), clause (2), achieving a financial accounting
benefit shall not be taken into account as a purpose for entering into a transaction if the
origin of such financial accounting benefit is a reduction of federal, state, or local tax.
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For purposes of this section, "apart from tax
effects" means without regard to the state and local tax effects arising from the application
of the laws of any state or local unit of government to the form of the transaction, the
federal tax effects, or both.
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For purposes of this section and section 270C.03, subdivision
1, clause (3), "transaction" includes a series of transactions.
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In the case of an individual,
subdivision 1 shall only apply to transactions entered into in connection with the trade or
business activity engaged in for the production of income.
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(a) The commissioner shall promulgate
guidance on how the provisions of this section will be applied. The guidance must
include, at a minimum, types of transactions that will not be challenged as not having
economic substance, and types of transactions that would be challenged as not having
economic substance.
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(b) The commissioner shall promulgate rules setting forth how the requirements
of subdivision 1, paragraphs (a) and (b), would be determined, including definitions of
relevant terms used in this section that the commissioner would apply in determining
whether a transaction has economic substance.
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(c) The commissioner shall establish and publish a formal departmental procedure
for uniform application of this section.
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This section is effective for taxable years beginning after
December 31, 2015, except that subdivision 5 is effective the day following final enactment.
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Minnesota Statutes 2014, section 289A.02, subdivision 7, as amended by Laws
2015, chapter 1, section 1, is amended to read:
Unless specifically defined otherwise, "Internal
Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin December
31, 2014deleted text end new text begin April 1, 2015new text end .
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This section is effective for taxable years beginning after
December 31, 2014.
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Minnesota Statutes 2014, section 290.01, subdivision 4a, is amended to read:
(a) "Financial institution" means:
(1) deleted text begin a holding companydeleted text end new text begin any corporation or other business entity registered (i) under
state law as a bank holding company; (ii) under the federal Bank Holding Company Act
of 1956, as amended; or (iii) as a savings and loan holding company under the federal
National Housing Act, as amendednew text end ;
(2) deleted text begin any regulated financial corporation; ordeleted text end new text begin a national bank organized and existing
as a national bank association pursuant to the provisions of United States Code, title
12, chapter 2;
new text end
(3) deleted text begin any other corporation organized under the laws of the United States or organized
under the laws of this state or any other state or country that is carrying on the business of
a financial institution.deleted text end new text begin a savings association or federal savings bank as defined in United
States Code, title 12, section 1813(b)(1);
new text end
new text begin
(4) any bank or thrift institution incorporated or organized under the laws of any state;
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(5) any corporation organized under United States Code, title 12, sections 611 to 631;
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new text begin
(6) any agency or branch of a foreign depository as defined under United States
Code, title 12, section 3101;
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(7) any corporation or other business entity that is more than 50 percent owned,
directly or indirectly, by any person or business entity described in clauses (1) to (6), other
than an insurance company taxable under chapter 297I;
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(8) a corporation or other business entity that derives more than 50 percent of its
total gross income for financial accounting purposes from finance leases. For the purposes
of this clause, "gross income" is the average from the current tax year and immediately
preceding two years and excludes gross income from incidental or occasional transactions.
For purposes of this clause, "finance lease" means any lease transaction which is the
functional equivalent of an extension of credit, and that transfers substantially all of the
benefits and risks incident to the ownership of property, including any direct financing
lease or leverage lease that meets the criteria of Financial Accounting Standards Board
Statement No. 13, accounting for leases, or any other lease that is accounted for as
financing by a lessor under generally accepted accounting principles; or
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(9) any other person or business entity, other than an insurance company taxable under
chapter 297I, which derives more than 50 percent of its gross income from activities that an
entity described in clauses (2) to (6), or (8), is authorized to transact. For the purposes of
this clause, gross income does not include income from nonrecurring, extraordinary items.
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(b) deleted text begin "Holding company" means any corporation registered under the Federal Bank
Holding Company Act of 1956, as amended, or registered as a savings and loan holding
company under the Federal National Housing Act, as amended, or a federal savings
bank holding company.deleted text end new text begin The commissioner is authorized to exclude any person from the
application of paragraph (a), clause (9), if the person proves by clear and convincing
evidence that the person's income-producing activity is not in substantial competition with
any person described in paragraph (a), clauses (2) to (6), or (8).
new text end
deleted text begin
(c) "Regulated financial corporation" means an institution, the deposits or accounts
of which are insured under the Federal Deposit Insurance Act or by the Federal Savings
and Loan Insurance Corporation, any institution which is a member of a Federal Home
Loan Bank, any other bank or thrift institution incorporated or organized under the laws of
any state or any foreign country which is engaged in the business of receiving deposits,
any corporation organized under the provisions of United States Code, title 12, sections
611 to 631 (Edge Act Corporations), and any agency of a foreign depository as defined in
United States Code, title 12, section 3101.
deleted text end
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(d) "Business of a financial institution" means:
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(1) the business that any corporation organized under the authority of the United
States or organized under the laws of this state or any other state or country does or has
authority to do which is substantially similar to the business which a corporation may be
created to do under chapters 46 to 55 or any business which a corporation is authorized
to do by those laws; or
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(2) the business that any corporation organized under the authority of the United
States or organized under the laws of this state or any other state or country does or has
authority to do if the corporation derives more than 50 percent of its gross income from
lending activities (including discounting obligations) in substantial competition with the
businesses described in clause (1). For purposes of this clause, the computation of the gross
income of a corporation does not include income from nonrecurring, extraordinary items.
deleted text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
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Minnesota Statutes 2014, section 290.01, subdivision 7, is amended to read:
(a) The term "resident" means any individual domiciled
in Minnesota, except that an individual is not a "resident" for the period of time that
the individual is a "qualified individual" as defined in section 911(d)(1) of the Internal
Revenue Code, if the qualified individual notifies the county within three months of
moving out of the country that homestead status be revoked for the Minnesota residence
of the qualified individual, and the property is not classified as a homestead while the
individual remains a qualified individual.
(b) "Resident" also means any individual domiciled outside the state who maintains
a place of abode in the state and spends in the aggregate more than one-half of the tax
year in Minnesota, unless:
(1) the individual or the spouse of the individual is in the armed forces of the United
States; or
(2) the individual is covered under the reciprocity provisions in section 290.081.
For purposes of this subdivision, presence within the state for any part of a calendar
day constitutes a day spent in the state. Individuals shall keep adequate records to
substantiate the days spent outside the statenew text begin , except that a day spent in Minnesota for the
primary purpose of receiving medical treatment by the taxpayer, or the spouse, child, or
parent of the taxpayer, is not treated as a day spent in Minnesota. "Medical treatment"
means treatment as defined in section 213(d)(1)(A) of the Internal Revenue Codenew text end .
The term "abode" means a dwelling maintained by an individual, whether or not
owned by the individual and whether or not occupied by the individual, and includes a
dwelling place owned or leased by the individual's spouse.
(c) new text begin In determining where an individual is domiciled, new text end neither the commissioner nor
any court shall considernew text begin :
new text end
new text begin (1)new text end charitable contributions made by deleted text begin andeleted text end new text begin thenew text end individual within or without the state deleted text begin in
determining if the individual is domiciled in Minnesotadeleted text end new text begin ;
new text end
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(2) the location of the individual's attorney, certified public accountant, or financial
advisor; or
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new text begin (3) the place of business of a financial institution at which the individual applies for
any new type of credit or at which the individual opens or maintains any type of accountnew text end .
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(d) For purposes of this subdivision, the following terms have the meanings given
them:
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new text begin
(1) "financial advisor" means an individual, financial institution, or other firm
engaged in the business of providing services related to trust and estate administration;
financial advice and budgeting; investment selection or allocation; or purchase of life,
disability, long-term care, annuities, or similar insurance products; and includes certified
financial planners, registered investment advisors, securities broker-dealers, associated
persons and representatives of registered investment advisors and securities broker-dealers,
agents licensed to sell life insurance or annuities, and similar regulated products; and
new text end
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(2) "financial institution" means a financial institution as that term is defined in
section 47.015, subdivision 1, a state or nationally chartered credit union, and a registered
broker-dealer under the Securities and Exchange Act of 1934.
new text end
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Changes to paragraph (b) are effective for taxable years
beginning after December 31, 2014. Changes to paragraphs (c) and (d) are effective the day
following final enactment, except that they do not apply to any case for which an appeal,
petition, or complaint has been filed in tax court or district court on or after April 28, 2015.
new text end
Minnesota Statutes 2014, section 290.01, subdivision 19, as amended by Laws
2015, chapter 1, section 2, is amended to read:
The term "net income" means the federal taxable income,
as defined in section 63 of the Internal Revenue Code of 1986, as amended through the
date named in this subdivision, incorporating the federal effective dates of changes to the
Internal Revenue Code and any elections made by the taxpayer in accordance with the
Internal Revenue Code in determining federal taxable income for federal income tax
purposes, and with the modifications provided in subdivisions 19a to 19f.
In the case of a regulated investment company or a fund thereof, as defined in section
851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment
company taxable income as defined in section 852(b)(2) of the Internal Revenue Code,
except that:
(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal
Revenue Code does not apply;
(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal
Revenue Code must be applied by allowing a deduction for capital gain dividends and
exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal
Revenue Code; and
(3) the deduction for dividends paid must also be applied in the amount of any
undistributed capital gains which the regulated investment company elects to have treated
as provided in section 852(b)(3)(D) of the Internal Revenue Code.
The net income of a real estate investment trust as defined and limited by section
856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust
taxable income as defined in section 857(b)(2) of the Internal Revenue Code.
The net income of a designated settlement fund as defined in section 468B(d) of
the Internal Revenue Code means the gross income as defined in section 468B(b) of the
Internal Revenue Code.
The Internal Revenue Code of 1986, as amended through deleted text begin December 31, 2014deleted text end new text begin April
1, 2015new text end , shall be in effect for taxable years beginning after December 31, 1996.
Except as otherwise provided, references to the Internal Revenue Code in
subdivisions 19 to 19f mean the code in effect for purposes of determining net income for
the applicable year.
new text begin
This section is effective the day following final enactment,
except the changes incorporated by federal changes are effective retroactively at the same
time the changes were effective for federal purposes.
new text end
Minnesota Statutes 2014, section 290.01, is amended by adding a subdivision
to read:
new text begin
(a) For the
purposes of this subdivision, the following definitions apply:
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(1) "realized" means realized as defined by section 1001(b) of the Internal Revenue
Code;
new text end
new text begin
(2) "installment sale" means any installment sale under section 453 of the Internal
Revenue Code, and any other sale which is reported utilizing a method of accounting
authorized under subchapter E of the Internal Revenue Code, which allows taxpayers to
delay reporting or recognition of a realized gain until a future year; and
new text end
new text begin
(3) "allocable amount" means the full amount to be apportioned to Minnesota under
section 290.191, or the full amount to be assigned under section 290.17.
new text end
new text begin
(b) In the case of a nonresident individual or a person who becomes a nonresident
individual during the tax year, net income includes the allocable amount realized upon a
sale of the assets of, or the sale of any interest in, an S corporation or partnership which
operated in Minnesota during the taxable year of sale, including any income or gain to be
recognized in future years pursuant to an installment sale method of reporting under the
Internal Revenue Code.
new text end
new text begin
(c) An individual who becomes a nonresident of Minnesota in any year after an
installment sale is required to recognize the full amount of any income or gain not
recognized in a prior year on the individual's final Minnesota resident tax return.
new text end
new text begin
(d) Notwithstanding paragraphs (b) and (c), taxpayers may elect to defer the
recognition of installment sale gains by making an election under this paragraph. The
election must be filed on a form prescribed by the commissioner and must be filed by
the due date of the individual tax return, including any extension. Electing taxpayers
are required to:
new text end
new text begin
(1) file Minnesota tax returns in all subsequent years when gains from the installment
sale are recognized and reported to the Internal Revenue Service;
new text end
new text begin
(2) allocate gains to the state of Minnesota as though the gains were incurred in the
year of sale under section 290.191 or 290.17; and
new text end
new text begin
(3) include all relevant federal tax documents reporting the installment sale with
subsequent Minnesota tax returns.
new text end
new text begin
(e) Income or gain recognized for Minnesota purposes under paragraphs (b) and (c)
and subjected to tax, is excluded from net income in future years.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.01, subdivision 31, as amended by Laws
2015, chapter 1, section 3, is amended to read:
Unless specifically defined otherwise, "Internal
Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin December
31, 2014deleted text end new text begin April 1, 2015new text end . Internal Revenue Code also includes any uncodified provision in
federal law that relates to provisions of the Internal Revenue Code that are incorporated
into Minnesota law. When used in this chapter, the reference to "subtitle A, chapter 1,
subchapter N, part 1, of the Internal Revenue Code" is to the Internal Revenue Code as
amended through March 18, 2010.
new text begin
This section is effective the day following final enactment,
except the changes incorporated by federal changes are effective retroactively at the same
time the changes were effective for federal purposes.
new text end
Minnesota Statutes 2014, section 290.06, is amended by adding a subdivision
to read:
new text begin
(a) A taxpayer is allowed a
credit against the taxes due under this chapter equal to 25 percent of film production
and postproduction expenditures made in Minnesota that are directly attributable to film
production in Minnesota.
new text end
new text begin
(b) For purposes of this subdivision, "film" has the meaning given in section 116U.26.
new text end
new text begin
(c) Expenditures that qualify for the credit under this subdivision must be
"production costs" as that term is defined in section 116U.26 and must be subject to
taxation in Minnesota.
new text end
new text begin
(d) If the amount of the credit under this subdivision exceeds the taxpayer's tax
liability under this chapter for the taxable year, the amount of the excess must be refunded
to the taxpayer. The amount necessary to pay the refunds under this subdivision is
appropriated annually from the general fund to the commissioner of revenue.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2015.
new text end
Minnesota Statutes 2014, section 290.0671, subdivision 1, is amended to read:
(a) An individualnew text begin who is a resident of Minnesotanew text end is
allowed a credit against the tax imposed by this chapter equal to a percentage of earned
income. To receive a credit, a taxpayer must be eligible for a credit under section 32 of the
Internal Revenue Code.
(b) For individuals with no qualifying children, the credit equals 2.10 percent of the
first $6,180 of earned income. The credit is reduced by 2.01 percent of earned income
or adjusted gross income, whichever is greater, in excess of $8,130, but in no case is
the credit less than zero.
(c) For individuals with one qualifying child, the credit equals 9.35 percent of the
first $11,120 of earned income. The credit is reduced by 6.02 percent of earned income
or adjusted gross income, whichever is greater, in excess of $21,190, but in no case is
the credit less than zero.
(d) For individuals with two or more qualifying children, the credit equals 11 percent
of the first $18,240 of earned income. The credit is reduced by 10.82 percent of earned
income or adjusted gross income, whichever is greater, in excess of $25,130, but in no
case is the credit less than zero.
(e) For a deleted text begin nonresident ordeleted text end part-year resident, the credit must be allocated based on the
percentage calculated under section 290.06, subdivision 2c, paragraph (e).
(f) For a person who was a resident for the entire tax year and has earned income
not subject to tax under this chapter, including income excluded under section 290.01,
subdivision 19b, clause (9), the credit must be allocated based on the ratio of federal
adjusted gross income reduced by the earned income not subject to tax under this chapter
over federal adjusted gross income. For purposes of this paragraph, the subtractions
for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not
considered "earned income not subject to tax under this chapter."
For the purposes of this paragraph, the exclusion of combat pay under section 112
of the Internal Revenue Code is not considered "earned income not subject to tax under
this chapter."
(g) For tax years beginning after December 31, 2007, and before December 31,
2010, and for tax years beginning after December 31, 2017, the $8,130 in paragraph (b),
the $21,190 in paragraph (c), and the $25,130 in paragraph (d), after being adjusted for
inflation under subdivision 7, are each increased by $3,000 for married taxpayers filing joint
returns. For tax years beginning after December 31, 2008, the commissioner shall annually
adjust the $3,000 by the percentage determined pursuant to the provisions of section 1(f)
of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2007" shall be
substituted for the word "1992." For 2009, the commissioner shall then determine the
percent change from the 12 months ending on August 31, 2007, to the 12 months ending on
August 31, 2008, and in each subsequent year, from the 12 months ending on August 31,
2007, to the 12 months ending on August 31 of the year preceding the taxable year. The
earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the
amount ends in $5, the amount is rounded up to the nearest $10. The determination of the
commissioner under this subdivision is not a rule under the Administrative Procedure Act.
(h)(1) For tax years beginning after December 31, 2012, and before January 1, 2014,
the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d),
after being adjusted for inflation under subdivision 7, are increased by $5,340 for married
taxpayers filing joint returns; and (2) for tax years beginning after December 31, 2013, and
before January 1, 2018, the $8,130 in paragraph (b), the $21,190 in paragraph (c), and the
$25,130 in paragraph (d), after being adjusted for inflation under subdivision 7, are each
increased by $5,000 for married taxpayers filing joint returns. For tax years beginning
after December 31, 2010, and before January 1, 2012, and for tax years beginning after
December 31, 2013, and before January 1, 2018, the commissioner shall annually adjust
the $5,000 by the percentage determined pursuant to the provisions of section 1(f) of
the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall be
substituted for the word "1992." For 2011, the commissioner shall then determine the
percent change from the 12 months ending on August 31, 2008, to the 12 months ending on
August 31, 2010, and in each subsequent year, from the 12 months ending on August 31,
2008, to the 12 months ending on August 31 of the year preceding the taxable year. The
earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the
amount ends in $5, the amount is rounded up to the nearest $10. The determination of the
commissioner under this subdivision is not a rule under the Administrative Procedure Act.
(i) The commissioner shall construct tables showing the amount of the credit at
various income levels and make them available to taxpayers. The tables shall follow
the schedule contained in this subdivision, except that the commissioner may graduate
the transition between income brackets.
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.0671, subdivision 6a, is amended to read:
(a) On
an annual basis the commissioner of revenue, with the assistance of the commissioner
of human services, shall calculate the value of the refundable portion of the Minnesota
Working Family Credit provided under this section that qualifies for payment with funds
from the federal Temporary Assistance for Needy Families (TANF) block grant. Of this
total amount, the commissioner of revenue shall estimate the portion entailed by the
expansion of the credit rates new text begin provided in Laws 2000, chapter 490, article 4, section 17,
new text end for individuals with qualifying children over the rates provided in Laws 1999, chapter
243, article 2, section 12.
(b) An amount sufficient to pay the refunds entailed by the expansion of the credit
rates new text begin provided in Laws 2000, chapter 490, article 4, section 17, new text end for individuals with
qualifying children over the rates provided in Laws 1999, chapter 243, article 2, section
12, as estimated in paragraph (a), is appropriated to the commissioner of human services
from the federal Temporary Assistance for Needy Families (TANF) block grant funds, for
transfer to the commissioner of revenue for deposit in the general fund.
new text begin
This section is effective only for transfers in fiscal year 2015.
new text end
Minnesota Statutes 2014, section 290.0674, subdivision 1, is amended to read:
An individual is allowed a credit against the
tax imposed by this chapter in an amount equal to 75 percent of the amount paid for
education-related expenses for a qualifying child in deleted text begin kindergartendeleted text end new text begin preschoolnew text end through grade
12. For purposes of this section, "education-related expenses" means:
(1) fees or tuition for instruction by an instructor under section 120A.22, subdivision
10, clause (1), (2), (3), (4), or (5), or a member of the Minnesota Music Teachers
Association, and who is not a lineal ancestor or sibling of the dependent for instruction
outside the regular school day or school year, including tutoring, driver's education
offered as part of school curriculum, regardless of whether it is taken from a public or
private entity or summer camps, in grade or age appropriate curricula that supplement
curricula and instruction available during the regular school year, that assists a dependent
to improve knowledge of core curriculum areas or to expand knowledge and skills under
the required academic standards under section 120B.021, subdivision 1, and the elective
standard under section 120B.022, subdivision 1, clause (2), and that do not include the
teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such
tenets, doctrines, or worship;
(2) expenses for textbooks, including books and other instructional materials and
equipment purchased or leased for use in new text begin preschool, new text end elementarynew text begin ,new text end and secondary schools
in teaching only those subjects legally and commonly taught in public elementary and
secondary schools in this state. "Textbooks" does not include instructional books and
materials used in the teaching of religious tenets, doctrines, or worship, the purpose of
which is to instill such tenets, doctrines, or worship, nor does it include books or materials
for extracurricular activities including sporting events, musical or dramatic events, speech
activities, driver's education, or similar programs;
(3) a maximum expense of $200 per family for personal computer hardware,
excluding single purpose processors, and educational software that assists a dependent to
improve knowledge of core curriculum areas or to expand knowledge and skills under
the required academic standards under section 120B.021, subdivision 1, and the elective
standard under section 120B.022, subdivision 1, clause (2), purchased for use in the
taxpayer's home and not used in a trade or business regardless of whether the computer is
required by the dependent's school; and
(4) the amount paid to others for transportation of a qualifying child attending deleted text begin andeleted text end new text begin a
preschool,new text end elementarynew text begin ,new text end or secondary school situated in Minnesota, North Dakota, South
Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's
compulsory attendance laws, which is not operated for profit, and which adheres to the
provisions of the Civil Rights Act of 1964 and chapter 363A.
For purposes of this section, "qualifying child" has the meaning given in section
32(c)(3) of the Internal Revenue Codenew text begin who is at least four years old when the expenses
are incurred. "Preschool" means the Head Start program under section 119A.50 or a
school district prekindergarten programnew text end .
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.0674, subdivision 2, is amended to read:
(a) For claimants with income not greater than deleted text begin $33,500
deleted text end new text begin $45,000new text end , the maximum credit allowed for a family is $1,000 multiplied by the number
of qualifying children in deleted text begin kindergartendeleted text end new text begin preschoolnew text end through grade 12 in the family. The
maximum credit for families with one qualifying child in deleted text begin kindergartendeleted text end new text begin preschoolnew text end through
grade 12 is reduced by $1 for each $4 of household income over deleted text begin $33,500deleted text end new text begin $45,000new text end , and
the maximum credit for families with two or more qualifying children in kindergarten
through grade 12 is reduced by $2 for each $4 of household income over deleted text begin $33,500deleted text end new text begin $45,000new text end ,
but in no case is the credit less than zero.
For purposes of this section "income" has the meaning given in section 290.067,
subdivision 2a. In the case of a married claimant, a credit is not allowed unless a joint
income tax return is filed.
(b) For a nonresident or part-year resident, the credit determined under subdivision 1
and the maximum credit amount in paragraph (a) must be allocated using the percentage
calculated in section 290.06, subdivision 2c, paragraph (e).
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.068, subdivision 1, is amended to read:
new text begin Subject to the requirements in subdivision 8, new text end a
corporation, deleted text begin partners in a partnership, or shareholders in a corporation treated as an "S"
corporation under section 290.9725 aredeleted text end new text begin individual, trust, or estate isnew text end allowed a credit
against the tax computed under this chapter for the taxable year equal to:
(a) ten percent of the first $2,000,000 of the excess (if any) of
(1) the qualified research expenses for the taxable year, over
(2) the base amount; and
(b) 2.5 percent on all of such excess expenses over $2,000,000.
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.068, subdivision 2, is amended to read:
For purposes of this section, the following terms have the
meanings given.
(a) "Qualified research expenses" means (i) qualified research expenses and basic
research payments as defined in section 41(b) and (e) of the Internal Revenue Code, except
it does not include expenses incurred for qualified research or basic research conducted
outside the state of Minnesota pursuant to section 41(d) and (e) of the Internal Revenue
Code; and (ii) contributions to a nonprofit corporation established and operated pursuant
to the provisions of chapter 317A for the purpose of promoting the establishment and
expansion of business in this state, provided the contributions are invested by the nonprofit
corporation for the purpose of providing funds for small, technologically innovative
enterprises in Minnesota during the early stages of their development.
(b) "Qualified research" means qualified research as defined in section 41(d) of the
Internal Revenue Code, except that the term does not include qualified research conducted
outside the state of Minnesota.
(c) "Base amount" means base amount as defined in section 41(c) of the Internal
Revenue Code, except that the average annual gross receipts must be calculated using
Minnesota sales or receipts under section 290.191 and the definitions contained in clauses
(a) and (b) shall apply.new text begin If there are inadequate records or the records are unavailable to
compute or verify the base percentage, a fixed base percentage of 16 percent must be used.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.068, subdivision 3, is amended to read:
(a) new text begin Except as provided in subdivision 6a,
paragraph (b), new text end the credit deleted text begin for a taxable year beginning before January 1, 2010, and after
December 31, 2012,deleted text end shall not exceed the liability for tax. "Liability for tax" for purposes
of this section means the sum of the tax imposed under section 290.06, subdivisions 1 and
2c, for the taxable year reduced by the sum of the nonrefundable credits allowed under
this chapter, on all of the entities required to be included on the combined report of the
unitary business. If the amount of the credit allowed exceeds the liability for tax of the
taxpayer, but is allowed as a result of the liability for tax of other members of the unitary
group for the taxable year, the taxpayer must allocate the excess as a research credit
to another member of the unitary group.
(b) In the case of a corporation which is a partner in a partnership, the credit allowed
for the taxable year shall not exceed the lesser of the amount determined under paragraph
(a) for the taxable year or an amount (separately computed with respect to the corporation's
interest in the trade or business or entity) equal to the amount of tax attributable to that
portion of taxable income which is allocable or apportionable to the corporation's interest
in the trade or business or entity.
(c) If the amount of the credit determined under this section for any taxable year
exceeds the limitation under paragraph (a) or (b), including amounts new text begin allowed as a refund
under subdivision 6a, paragraph (b), or new text end allocated to other members of the unitary group,
the excess shall be a research credit carryover to each of the 15 succeeding taxable years.
The entire amount of the excess unused credit for the taxable year shall be carried first
to the earliest of the taxable years to which the credit may be carried and then to each
successive year to which the credit may be carried. The amount of the unused credit
which may be added under this clause shall not exceed the taxpayer's liability for tax
less the research credit for the taxable year.
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.068, subdivision 6a, is amended to read:
new text begin (a) new text end If the amount of credit allowed in this
section for qualified research expenses incurred in taxable years beginning after December
31, 2009, and before January 1, 2013, exceeds the taxpayer's tax liability under this
chapter, the commissioner shall refund the excess amount. The credit allowed for qualified
research expenses incurred in taxable years beginning after December 31, 2009, and before
January 1, 2013, must be used before any research credit earned under subdivision 3.
new text begin
(b) If the first $15,000 of the credit allowed in this section for qualified research
expenses incurred in taxable years beginning after December 31, 2014, exceeds the
taxpayer's tax liability under this chapter, the commissioner shall refund the excess
amount. The $15,000 limit must be applied at the corporation, partnership, or other entity
level, including sole proprietorships. The credit allowed for qualified research expenses
incurred in taxable years beginning before January 1, 2015, must be used before any
research credit earned under subdivision 3.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.068, is amended by adding a subdivision
to read:
new text begin
(a) A
taxpayer who is a sole proprietor claiming a credit under this section must submit an
application to the commissioner for determination that the expenses for which the credit is
claimed are qualified research expenses. The application must be submitted by September
15 of the calendar year following the taxable year in which the qualified research
expenses were incurred. The application must be in a form and manner prescribed by the
commissioner and must contain information sufficient to verify that the expenses for
which the credit is claimed under this section are qualified research expenses.
new text end
new text begin
(b) The commissioner must notify the sole proprietor of the determination of the
application under paragraph (a) no later than 60 days after the application is received.
new text end
new text begin
(c) Upon approving an application for credit under paragraph (a), the commissioner
must issue a credit certificate to the sole proprietor that verifies eligibility for the credit
and states the amount of credit and the taxable year to which the credit applies.
new text end
new text begin
(d) The sole proprietor must claim the credit under this section in the return for the
taxable year immediately following the taxable year to which the credit applies. The
return must contain a copy of the credit certificate issued under paragraph (c).
new text end
new text begin
(e) A credit must not be issued under this section unless the commissioner has
received the certification required under paragraph (c).
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
new text begin
For purposes of this section, the terms "Minnesota
college savings plan," "account," "nonqualified distribution," and "plan administrator"
have the meanings given them in chapter 136G.
new text end
new text begin
(a) A credit of up to $500 is allowed against the tax
imposed by this chapter, subject to the limitations in paragraph (b).
new text end
new text begin
(b) The credit allowed must be calculated by applying the following rates to the
amount contributed to a Minnesota college savings plan, as established in chapter 136G,
in a taxable year:
new text end
new text begin
(1) 200 percent for individual filers and married couples filing a joint return who
have federal adjusted gross income of not more than 150 percent of the federal poverty
guideline for a household size of four;
new text end
new text begin
(2) 100 percent for individual filers and married couples filing a joint return who
have federal adjusted gross income over 150 percent, but not more than 200 percent of
the federal poverty guideline for a household size of four;
new text end
new text begin
(3) 50 percent for individual filers who have federal adjusted gross income over
200 percent of the federal poverty guideline for a household size of four, but not more
than $80,000; and
new text end
new text begin
(4) 50 percent for married couples filing a joint return who have federal adjusted
gross income over 200 percent of the federal poverty guideline for a household size of
four, except that the credit is reduced by $1 for every $160 over $80,000 in federal
adjusted gross income.
new text end
new text begin
(c) For a nonresident or a part-year resident, the credit under this subdivision
must be allocated based on the percentage calculated under section 290.06, subdivision
2c, paragraph (e).
new text end
new text begin
(d) The $80,000 in paragraph (b), clauses (3) and (4), used to calculate the credit and
phaseout must be adjusted for inflation. The commissioner shall adjust by the percentage
determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except
that in section 1(f)(3)(B) the word "2014" shall be substituted for the word "1992." For
2016, the commissioner shall then determine the percent change from the 12 months ending
on August 31, 2014, to the 12 months ending on August 31, 2015, and in each subsequent
year, from the 12 months ending on August 31, 2014, to the 12 months ending on August
31 of the year preceding the taxable year. The earned income thresholds as adjusted for
inflation must be rounded to the nearest $10 amount. If the amount ends in $5, the amount
is rounded up to the nearest $10 amount. The determination of the commissioner under this
subdivision is not a rule under the Administrative Procedure Act including section 14.386.
new text end
new text begin
(a) The credit allowed under this section must be
calculated after applying all other credits to the taxpayer's tax liability. If the amount of
credit that the taxpayer is eligible to receive under this section exceeds the taxpayer's tax
liability after applying all other credits, the commissioner shall transfer the excess amount
pursuant to the requirements of paragraph (b).
new text end
new text begin
(b) The commissioner shall transfer the excess amount calculated under paragraph
(a) to the plan administrator to be deposited to the taxpayer's Minnesota college savings
plan account. If the taxpayer made contributions to more than one account, the credit
amount must be allocated based on the contributions to each account as a percentage
of the total contributions to all accounts.
new text end
new text begin
The commissioner of the Office of
Higher Education must provide sufficient information to the commissioner of revenue to
verify the taxpayer's annual contribution amounts to an account.
new text end
new text begin
In the case of a nonqualified distribution, the
taxpayer is liable to the commissioner for the lesser of: ten percent of the amount of the
nonqualified distribution, or the sum of credits received under this section for all years.
new text end
new text begin
An amount sufficient to pay the refunds required by this
section is appropriated to the commissioner from the general fund.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2015.
new text end
new text begin
(a) For the purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b)(1) "Qualified employee" means an employee as defined in section 290.92,
subdivision 1, who meets the following criteria:
new text end
new text begin
(i) the employee is a resident of Minnesota on the date of hire;
new text end
new text begin
(ii) the employee is paid wages as defined in section 290.92, subdivision 1; and
new text end
new text begin
(iii) the employee's wages are attributable to Minnesota under section 290.191,
subdivision 12;
new text end
new text begin
(2) "Qualified employee" does not include:
new text end
new text begin
(i) any employee who bears any of the relationships to the employer described in
subparagraphs (A) to (G) of section 152(d)(2) of the Internal Revenue Code;
new text end
new text begin
(ii) if the employer is a corporation, an employee who owns, directly or indirectly,
more than 50 percent in value of the outstanding stock of the corporation, or if the
employer is an entity other than a corporation, an employee who owns, directly or
indirectly, more than 50 percent of the capital and profits interests in the entity, as
determined with the application of section 267(c) of the Internal Revenue Code; or
new text end
new text begin
(iii) if the employer is an estate or trust, any employee who is a fiduciary of the estate
or trust, or is an individual who bears any of the relationships described in subparagraphs
(A) to (G) of section 152(d)(2) of the Internal Revenue Code to a grantor, beneficiary,
or fiduciary of the estate or trust.
new text end
new text begin
(c) "Qualified employer" means an employer that hired an unemployed veteran
as a qualified employee.
new text end
new text begin
(d) "Unemployed veteran" is a veteran who was unemployed on the date of hire.
new text end
new text begin
(e) "Veteran" has the meaning given in section 197.447.
new text end
new text begin
(f) "Date of hire" means the day that the qualified employee begins performing
services as an employee of the qualified employer.
new text end
new text begin
A qualified employer who
is required to file a return under section 289A.08, subdivision 1, 2, or 3, and hires an
unemployed veteran as a qualified employee, is allowed a credit against the tax imposed
by this chapter equal to ten percent of the wages paid to the qualified employee during the
taxable year, but the amount of the credit shall not exceed $2,500. The credit is limited
to the liability for tax under this chapter for the taxable year. A qualified employer is
not eligible for the credit if the qualified employer currently employs or has previously
employed the qualified veteran.
new text end
new text begin
An amount sufficient to pay the refunds required by this
section is appropriated to the commissioner from the general fund.
new text end
new text begin
Credits granted to a partnership, limited liability
company taxed as a partnership, S corporation, or multiple owners of a business are passed
through to the partners, members, shareholders, or owners, respectively, pro rata to each
partner, member, shareholder, or owner based on their share of the entity's assets or as
specially allocated in their organizational documents, as of the last day of the taxable year.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2015.
new text end
new text begin
(a) A taxpayer is allowed a credit against the tax
imposed by this chapter, subject to the requirements of this section. The credit shall not
exceed the taxpayer's tax liability. For married taxpayers filing a joint return, the credit is
$60. For all other taxpayers, the credit is $30.
new text end
new text begin
(b) The credit is allowed to an employee whose employer either:
new text end
new text begin
(1) pays a portion of any fees, dues, or membership expenses on behalf of the
employee to a fitness facility; or
new text end
new text begin
(2) reimburses the employee for direct payment of fees, dues, or membership
expenses made by the employee to a fitness facility.
new text end
new text begin
(c) The credit under this section is only allowed to individuals who use the fitness
facility for the preservation, maintenance, encouragement, or development of physical
fitness an average of four days per month, but if the fitness facility is used fewer than three
days per month, the credit is not allowed. The commissioner shall prescribe the form and
manner in which eligibility for the credit is determined.
new text end
new text begin
(d) For purposes of this section, "fitness facility" means a facility located in the state:
new text end
new text begin
(1) that provides instruction in a program of physical exercise; offers facilities for
the preservation, maintenance, encouragement, or development of physical fitness; or is
the site of such a program of a state or local government;
new text end
new text begin
(2) that is not a private club owned and operated by its members;
new text end
new text begin
(3) that does not offer golf, hunting, sailing, or horseback riding facilities;
new text end
new text begin
(4) whose fitness facility is not incidental to its overall function and purpose;
new text end
new text begin
(5) that is compliant with antidiscrimination laws under chapter 363A and applicable
federal antidiscrimination laws; and
new text end
new text begin
(6) is located off the employer's premises.
new text end
new text begin
The credit under this section applies only if the employer's
payment of fees, dues, or membership expenses to a fitness facility is available on
substantially the same terms to each member of a group of employees defined under a
reasonable classification by the employer, but no classification may include only highly
compensated employees, as defined under section 414(q) of the Internal Revenue Code, or
any other group that includes only executives, directors, or other managerial employees.
new text end
new text begin
For a
nonresident or part-year resident, the credit must be allocated based on the percentage
calculated under section 290.06, subdivision 2c, paragraph (e).
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.17, subdivision 4, is amended to read:
(a) If a trade or business conducted wholly
within this state or partly within and partly without this state is part of a unitary business,
the entire income of the unitary business is subject to apportionment pursuant to section
290.191. Notwithstanding subdivision 2, paragraph (c), none of the income of a unitary
business is considered to be derived from any particular source and none may be allocated
to a particular place except as provided by the applicable apportionment formula. The
provisions of this subdivision do not apply to business income subject to subdivision 5,
income of an insurance company, or income of an investment company determined under
section 290.36.
(b) The term "unitary business" means business activities or operations which
result in a flow of value between them. The term may be applied within a single legal
entity or between multiple entities and without regard to whether each entity is a sole
proprietorship, a corporation, a partnership or a trust.
(c) Unity is presumed whenever there is unity of ownership, operation, and use,
evidenced by centralized management or executive force, centralized purchasing,
advertising, accounting, or other controlled interaction, but the absence of these
centralized activities will not necessarily evidence a nonunitary business. Unity is also
presumed when business activities or operations are of mutual benefit, dependent upon or
contributory to one another, either individually or as a group.
(d) Where a business operation conducted in Minnesota is owned by a business
entity that carries on business activity outside the state different in kind from that
conducted within this state, and the other business is conducted entirely outside the state, it
is presumed that the two business operations are unitary in nature, interrelated, connected,
and interdependent unless it can be shown to the contrary.
(e) Unity of ownership does not exist when two or more corporations are involved
unless more than 50 percent of the voting stock of each corporation is directly or indirectly
owned by a common owner or by common owners, either corporate or noncorporate, or
by one or more of the member corporations of the group. For this purpose, the term
"voting stock" shall include membership interests of mutual insurance holding companies
formed under section 66A.40.
(f) The net income and apportionment factors under section 290.191 or 290.20 of
foreign corporations and other foreign entities which are part of a unitary business shall
not be included in the net income or the apportionment factors of the unitary business;
except that the income and apportionment factors of a foreign entity, other than an entity
treated as a C corporation for federal income tax purposes, that are included in the federal
taxable income, as defined in section 63 of the Internal Revenue Code as amended through
the date named in section 290.01, subdivision 19, of a domestic corporation, domestic
entity, or individual must be included in determining net income and the factors to be used
in the apportionment of net income pursuant to section 290.191 or 290.20. A foreign
corporation or other foreign entity which is not included on a combined report and which
is required to file a return under this chapter shall file on a separate return basis.
(g) For purposes of determining the net income of a unitary business and the factors
to be used in the apportionment of net income pursuant to section 290.191 or 290.20, there
must be included only the income and apportionment factors of domestic corporations
or other domestic entities that are determined to be part of the unitary business pursuant
to this subdivision, notwithstanding that foreign corporations or other foreign entities
might be included in the unitary business; except that the income and apportionment
factors of a foreign entity, other than an entity treated as a C corporation for federal
income tax purposes, that is included in the federal taxable income, as defined in section
63 of the Internal Revenue Code as amended through the date named in section 290.01,
subdivision 19, of a domestic corporation, domestic entity, or individual must be included
in determining net income and the factors to be used in the apportionment of net income
pursuant to section 290.191 or 290.20.
(h) Each corporation or other entity, except a sole proprietorship, that is part of a
unitary business must file combined reports as the commissioner determines. On the
reports, all intercompany transactions between entities included pursuant to paragraph
(g) must be eliminated and the entire net income of the unitary business determined in
accordance with this subdivision is apportioned among the entities by using each entity's
Minnesota factors for apportionment purposes in the numerators of the apportionment
formula and the total factors for apportionment purposes of all entities included pursuant
to paragraph (g) in the denominators of the apportionment formula. Except as otherwise
provided by paragraph (f), all sales of the unitary business made within this state pursuant
to section 290.191 or 290.20 must be included on the combined report of a corporation or
other entity that is a member of the unitary business and is subject to the jurisdiction of
this state to impose tax under this chapter.
(i) If a corporation has been divested from a unitary business and is included in a
combined report for a fractional part of the common accounting period of the combined
report:
(1) its income includable in the combined report is its income incurred for that part
of the year determined by proration or separate accounting; and
(2) its sales, property, and payroll included in the apportionment formula must
be prorated or accounted for separately.
new text begin
(j) For purposes of this subdivision, "insurance company" means any company that is:
new text end
new text begin
(1) licensed to engage in the business of insurance in Minnesota pursuant to chapter
60A; or
new text end
new text begin
(2) domiciled and licensed to engage in the business of insurance in another state
or country that imposes retaliatory taxes, and that does not grant, on a reciprocal basis,
exemption from such retaliatory taxes to insurance companies or their agents domiciled
in Minnesota.
new text end
new text begin
(k) For the purposes of this subdivision, "retaliatory taxes" means taxes imposed on
insurance companies organized in another state or country that result from the fact that an
insurance company organized in the taxing jurisdiction and doing business in the other
jurisdiction is subject to taxes, fines, deposits, penalties, licenses, or fees in an amount
exceeding that imposed by the taxing jurisdiction upon an insurance company organized in
the other state or country and doing business to the same extent in the taxing jurisdiction.
new text end
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290.191, subdivision 5, is amended to read:
For purposes of this section, the following
rules apply in determining the sales factor.
(a) The sales factor includes all sales, gross earnings, or receipts received in the
ordinary course of the business, except that the following types of income are not included
in the sales factor:
(1) interest;
(2) dividends;
(3) sales of capital assets as defined in section 1221 of the Internal Revenue Code;
(4) sales of property used in the trade or business, except sales of leased property of
a type which is regularly sold as well as leased; deleted text begin and
deleted text end
(5) sales of debt instruments as defined in section 1275(a)(1) of the Internal Revenue
Code or sales of stockdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) sales of derivatives including, but not limited to, swaps, options, futures, and
forwards.
new text end
(b) Sales of tangible personal property are made within this state if the property is
received by a purchaser at a point within this state, regardless of the f.o.b. point, other
conditions of the sale, or the ultimate destination of the property.
(c) Tangible personal property delivered to a common or contract carrier or foreign
vessel for delivery to a purchaser in another state or nation is a sale in that state or nation,
regardless of f.o.b. point or other conditions of the sale.
(d) Notwithstanding paragraphs (b) and (c), when intoxicating liquor, wine,
fermented malt beverages, cigarettes, or tobacco products are sold to a purchaser who is
licensed by a state or political subdivision to resell this property only within the state of
ultimate destination, the sale is made in that state.
(e) Sales made by or through a corporation that is qualified as a domestic
international sales corporation under section 992 of the Internal Revenue Code are not
considered to have been made within this state.
(f) Sales, rents, royalties, and other income in connection with real property is
attributed to the state in which the property is located.
(g) Receipts from the lease or rental of tangible personal property, including finance
leases and true leases, must be attributed to this state if the property is located in this
state and to other states if the property is not located in this state. Receipts from the
lease or rental of moving property including, but not limited to, motor vehicles, rolling
stock, aircraft, vessels, or mobile equipment are included in the numerator of the receipts
factor to the extent that the property is used in this state. The extent of the use of moving
property is determined as follows:
(1) A motor vehicle is used wholly in the state in which it is registered.
(2) The extent that rolling stock is used in this state is determined by multiplying
the receipts from the lease or rental of the rolling stock by a fraction, the numerator of
which is the miles traveled within this state by the leased or rented rolling stock and the
denominator of which is the total miles traveled by the leased or rented rolling stock.
(3) The extent that an aircraft is used in this state is determined by multiplying the
receipts from the lease or rental of the aircraft by a fraction, the numerator of which is
the number of landings of the aircraft in this state and the denominator of which is the
total number of landings of the aircraft.
(4) The extent that a vessel, mobile equipment, or other mobile property is used in
the state is determined by multiplying the receipts from the lease or rental of the property
by a fraction, the numerator of which is the number of days during the taxable year the
property was in this state and the denominator of which is the total days in the taxable year.
(h) Royalties and other income received for the use of or for the privilege of using
intangible property, including patents, know-how, formulas, designs, processes, patterns,
copyrights, trade names, service names, franchises, licenses, contracts, customer lists, or
similar items, must be attributed to the state in which the property is used by the purchaser.
If the property is used in more than one state, the royalties or other income must be
apportioned to this state pro rata according to the portion of use in this state. If the portion
of use in this state cannot be determined, the royalties or other income must be excluded
from both the numerator and the denominator. Intangible property is used in this state if
the purchaser uses the intangible property or the rights therein in the regular course of its
business operations in this state, regardless of the location of the purchaser's customers.
(i) Sales of intangible property are made within the state in which the property is
used by the purchaser. If the property is used in more than one state, the sales must be
apportioned to this state pro rata according to the portion of use in this state. If the
portion of use in this state cannot be determined, the sale must be excluded from both the
numerator and the denominator of the sales factor. Intangible property is used in this
state if the purchaser used the intangible property in the regular course of its business
operations in this state.
(j) Receipts from the performance of services must be attributed to the state where
the services are received. For the purposes of this section, receipts from the performance
of services provided to a corporation, partnership, or trust may only be attributed to a
state where it has a fixed place of doing business. If the state where the services are
received is not readily determinable or is a state where the corporation, partnership, or
trust receiving the service does not have a fixed place of doing business, the services
shall be deemed to be received at the location of the office of the customer from which
the services were ordered in the regular course of the customer's trade or business. If the
ordering office cannot be determined, the services shall be deemed to be received at the
office of the customer to which the services are billed. new text begin Receipts received as compensation
by a nonresident individual for the performance of services as a member of a board of
directors, or similar body, are attributed to Minnesota based on the ratio of the time spent
in Minnesota providing services as a member of that board divided by the time spent
everywhere providing services as a member of that board.
new text end
(k) For the purposes of this subdivision and subdivision 6, paragraph (l), receipts
from management, distribution, or administrative services performed by a corporation
or trust for a fund of a corporation or trust regulated under United States Code, title 15,
sections 80a-1 through 80a-64, must be attributed to the state where the shareholder of
the fund resides. Under this paragraph, receipts for services attributed to shareholders are
determined on the basis of the ratio of: (1) the average of the outstanding shares in the
fund owned by shareholders residing within Minnesota at the beginning and end of each
year; and (2) the average of the total number of outstanding shares in the fund at the
beginning and end of each year. Residence of the shareholder, in the case of an individual,
is determined by the mailing address furnished by the shareholder to the fund. Residence
of the shareholder, when the shares are held by an insurance company as a depositor for
the insurance company policyholders, is the mailing address of the policyholders. In
the case of an insurance company holding the shares as a depositor for the insurance
company policyholders, if the mailing address of the policyholders cannot be determined
by the taxpayer, the receipts must be excluded from both the numerator and denominator.
Residence of other shareholders is the mailing address of the shareholder.
new text begin
Paragraph (a) is effective for taxable years beginning after
December 31, 2014. Paragraph (j) is effective the day following final enactment and
applies retroactively to all open taxable years and returns.
new text end
Minnesota Statutes 2014, section 290.21, subdivision 4, is amended to read:
(a)(1) Eighty percent
of dividends received by a corporation during the taxable year from another corporation,
in which the recipient owns 20 percent or more of the stock, by vote and value, not
including stock described in section 1504(a)(4) of the Internal Revenue Code when the
corporate stock with respect to which dividends are paid does not constitute the stock in
trade of the taxpayer or would not be included in the inventory of the taxpayer, or does not
constitute property held by the taxpayer primarily for sale to customers in the ordinary
course of the taxpayer's trade or business, or when the trade or business of the taxpayer
does not consist principally of the holding of the stocks and the collection of the income
and gains therefrom; and
(2)(i) the remaining 20 percent of dividends if the dividends received are the stock in
an affiliated company transferred in an overall plan of reorganization and the dividend
is eliminated in consolidation under Treasury Department Regulation 1.1502-14(a), as
amended through December 31, 1989;
(ii) the remaining 20 percent of dividends if the dividends are received from a
corporation which is subject to tax under section 290.36 and which is a member of an
affiliated group of corporations as defined by the Internal Revenue Code and the dividend
is eliminated in consolidation under Treasury Department Regulation 1.1502-14(a), as
amended through December 31, 1989, or is deducted under an election under section
243(b) of the Internal Revenue Code; or
(iii) the remaining 20 percent of the dividends if the dividends are received from a
property and casualty insurer as defined under section 60A.60, subdivision 8, which is a
member of an affiliated group of corporations as defined by the Internal Revenue Code
and either: (A) the dividend is eliminated in consolidation under Treasury Regulation
1.1502-14(a), as amended through December 31, 1989; or (B) the dividend is deducted
under an election under section 243(b) of the Internal Revenue Code.
(b) Seventy percent of dividends received by a corporation during the taxable year
from another corporation in which the recipient owns less than 20 percent of the stock,
by vote or value, not including stock described in section 1504(a)(4) of the Internal
Revenue Code when the corporate stock with respect to which dividends are paid does not
constitute the stock in trade of the taxpayer, or does not constitute property held by the
taxpayer primarily for sale to customers in the ordinary course of the taxpayer's trade or
business, or when the trade or business of the taxpayer does not consist principally of the
holding of the stocks and the collection of income and gain therefrom.
(c) The dividend deduction provided in this subdivision shall be allowed only with
respect to dividends that are included in a corporation's Minnesota taxable net income
for the taxable year.
The dividend deduction provided in this subdivision does not apply to a dividend
from a corporation which, for the taxable year of the corporation in which the distribution
is made or for the next preceding taxable year of the corporation, is a corporation exempt
from tax under section 501 of the Internal Revenue Code.
The dividend deduction provided in this subdivision does not apply to a dividend
received from a real estate investment trust as defined in section 856 of the Internal
Revenue Code.
The dividend deduction provided in this subdivision applies to the amount of
regulated investment company dividends only to the extent determined under section
854(b) of the Internal Revenue Code.
The dividend deduction provided in this subdivision shall not be allowed with
respect to any dividend for which a deduction is not allowed under the provisions of
section 246(c) new text begin or 246A new text end of the Internal Revenue Code.
(d) If dividends received by a corporation that does not have nexus with Minnesota
under the provisions of Public Law 86-272 are included as income on the return of
an affiliated corporation permitted or required to file a combined report under section
290.17, subdivision 4, or 290.34, subdivision 2, then for purposes of this subdivision the
determination as to whether the trade or business of the corporation consists principally
of the holding of stocks and the collection of income and gains therefrom shall be made
with reference to the trade or business of the affiliated corporation having a nexus with
Minnesota.
(e) The deduction provided by this subdivision does not apply if the dividends are
paid by a FSC as defined in section 922 of the Internal Revenue Code.
(f) If one or more of the members of the unitary group whose income is included on
the combined report received a dividend, the deduction under this subdivision for each
member of the unitary business required to file a return under this chapter is the product
of: (1) 100 percent of the dividends received by members of the group; (2) the percentage
allowed pursuant to paragraph (a) or (b); and (3) the percentage of the taxpayer's business
income apportionable to this state for the taxable year under section 290.191 or 290.20.
new text begin
This section is effective for taxable years beginning after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 290A.03, subdivision 15, as amended by
Laws 2015, chapter 1, section 4, is amended to read:
"Internal Revenue Code" means the Internal
Revenue Code of 1986, as amended through deleted text begin December 31, 2014deleted text end new text begin April 1, 2015new text end .
new text begin
This section is effective for property tax refunds based on
property taxes payable after December 31, 2015, and rent paid after December 31, 2014.
new text end
Minnesota Statutes 2014, section 291.005, subdivision 1, is amended to read:
Unless the context otherwise clearly requires, the following
terms used in this chapter shall have the following meanings:
(1) "Commissioner" means the commissioner of revenue or any person to whom the
commissioner has delegated functions under this chapter.
(2) "Federal gross estate" means the gross estate of a decedent as required to be valued
and otherwise determined for federal estate tax purposes under the Internal Revenue Code,
increased by the value of any property in which the decedent had a qualifying income
interest for life and for which an election was made under section 291.03, subdivision 1d,
for Minnesota estate tax purposes, but was not made for federal estate tax purposes.
(3) "Internal Revenue Code" means the United States Internal Revenue Code of
1986, as amended through March 26, 2014.
(4) "Minnesota gross estate" means the federal gross estate of a decedent after
(a) excluding therefrom any property included in the estate which has its situs outside
Minnesota, and (b) including any property omitted from the federal gross estate which
is includable in the estate, has its situs in Minnesota, and was not disclosed to federal
taxing authorities.
(5) "Nonresident decedent" means an individual whose domicile at the time of
death was not in Minnesota.
(6) "Personal representative" means the executor, administrator or other person
appointed by the court to administer and dispose of the property of the decedent. If there
is no executor, administrator or other person appointed, qualified, and acting within this
state, then any person in actual or constructive possession of any property having a situs in
this state which is included in the federal gross estate of the decedent shall be deemed
to be a personal representative to the extent of the property and the Minnesota estate tax
due with respect to the property.
(7) "Resident decedent" means an individual whose domicile at the time of death
was in Minnesota.new text begin The provisions of section 290.01, subdivision 7, paragraphs (c) and
(d), apply to determinations of domicile under this chapter.
new text end
(8) "Situs of property" means, with respect to:
(i) real property, the state or country in which it is located;
(ii) tangible personal property, the state or country in which it was normally kept
or located at the time of the decedent's death or for a gift of tangible personal property
within three years of death, the state or country in which it was normally kept or located
when the gift was executed;
(iii) a qualified work of art, as defined in section 2503(g)(2) of the Internal Revenue
Code, owned by a nonresident decedent and that is normally kept or located in this state
because it is on loan to an organization, qualifying as exempt from taxation under section
501(c)(3) of the Internal Revenue Code, that is located in Minnesota, the situs of the art is
deemed to be outside of Minnesota, notwithstanding the provisions of item (ii); and
(iv) intangible personal property, the state or country in which the decedent was
domiciled at death or for a gift of intangible personal property within three years of death,
the state or country in which the decedent was domiciled when the gift was executed.
For a nonresident decedent with an ownership interest in a pass-through entity with
assets that include real or tangible personal property, situs of the real or tangible personal
property, including qualified works of art, is determined as if the pass-through entity does
not exist and the real or tangible personal property is personally owned by the decedent.
If the pass-through entity is owned by a person or persons in addition to the decedent,
ownership of the property is attributed to the decedent in proportion to the decedent's
capital ownership share of the pass-through entity.
(9) "Pass-through entity" includes the following:
(i) an entity electing S corporation status under section 1362 of the Internal Revenue
Code;
(ii) an entity taxed as a partnership under subchapter K of the Internal Revenue Code;
(iii) a single-member limited liability company or similar entity, regardless of
whether it is taxed as an association or is disregarded for federal income tax purposes
under Code of Federal Regulations, title 26, section 301.7701-3; or
(iv) a trust to the extent the property is includible in the decedent's federal gross
estate; but excludes
(v) an entity whose ownership interest securities are traded on an exchange regulated
by the Securities and Exchange Commission as a national securities exchange under
section 6 of the Securities Exchange Act, United States Code, title 15, section 78f.
new text begin
This section is effective for estates of decedents dying after
December 31, 2014.
new text end
Minnesota Statutes 2014, section 291.03, is amended by adding a subdivision
to read:
new text begin
Notwithstanding any
provision of this section, no taxpayer shall be disqualified for the subtraction provided
under section 291.016, subdivision 3, nor shall any taxpayer be liable for the recapture tax
provided in subdivision 11, solely because the state, any local government unit, or any
other entity that has the power of eminent domain acquires title or possession of the land
for a public purpose within the three-year holding period.
new text end
new text begin
This section is effective retroactively for estates of decedents
dying after June 30, 2011.
new text end
new text begin
(a) By March 16, 2016, the commissioner of revenue must provide a written
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over taxes regarding free electronic filing options for individual income tax
filing, including a vendor-based solution. The report must include responses from a
commissioner's request for information to consumer-based tax filing software vendors.
The request for information may include, but is not limited to, seeking information on
the following aspects of a free electronic filing solution:
new text end
new text begin
(1) costs, on a per return basis, that would be charged to the state of Minnesota to
provide an electronic individual income tax return preparation, submission, and payment
remittance process;
new text end
new text begin
(2) vendor capability to provide customer service and issue resolution to taxpayers
using the software;
new text end
new text begin
(3) vendor capability to provide and maintain an appropriate link between the
Department of Revenue and the Internal Revenue Service Modernized Electronic Filing
Program;
new text end
new text begin
(4) vendor security capabilities to ensure that taxpayer return information is
maintained and protected as required by Minnesota Statutes, chapters 13 and 270B,
Internal Revenue Service Publication 1075, and any other applicable requirements;
new text end
new text begin
(5) products for the free filing and submitting of both Minnesota and federal returns
offered to customers and the thresholds for using those products; and
new text end
new text begin
(6) add-on products offered to customers and their costs.
new text end
new text begin
(b) The report must address the possibility of implementing free electronic filing
while maintaining annual preparation of the income tax sample required under Minnesota
Statutes, section 270C.12, and must include a report on how other states with income tax
samples manage federal data on federal income tax returns.
new text end
new text begin
(c) The report required under paragraph (a) must comply with Minnesota Statutes,
sections 3.195 and 3.197.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of revenue shall establish a
program to award a grant to a qualified employer for hiring an unemployed veteran as
a qualified employee. A qualified employer is eligible for a grant of $2,500 for each
qualified employee hired.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Local government" means statutory or home rule charter cities, counties, and
townships; special districts as defined under Minnesota Statutes, section 6.465; any
instrumentality of a statutory or home rule charter city, county, or township as defined in
Minnesota Statutes, section 471.59; and any joint powers board or organization created
under Minnesota Statutes, section 471.59.
new text end
new text begin
(c) "Nonprofit organization" means an organization that has a current federal
determination letter stating that the nonprofit organization qualifies as an exempt
organization under section 501(c)(3) of the Internal Revenue Code and is exempt from tax
under section 501(a) of the Internal Revenue Code.
new text end
new text begin
(d) "Qualified veteran employee" means any individual performing services within
the state of Minnesota for an employer that is a local government or nonprofit organization;
the performance of which services constitute, establish, and determine the relationship
between the parties as that of employer and employee; and who meets the following criteria:
new text end
new text begin
(1) the employee is a resident of Minnesota on the date of hire;
new text end
new text begin
(2) the employee is paid wages as defined in Minnesota Statutes, section 290.92,
subdivision 1;
new text end
new text begin
(3) the employee's wages are attributable to Minnesota under Minnesota Statutes,
section 290.191, subdivision 12;
new text end
new text begin
(4) the employee is employed for a period of at least 6 of the 12 months immediately
following the date of hire; and
new text end
new text begin
(5) the employee is an unemployed veteran.
new text end
new text begin
(e) "Qualified veteran employee" does not include any employee who, in the
preceding 12 months before the employee's date of hire was, and in the calendar year in
which the grant is paid, is:
new text end
new text begin
(1) a member of the board of the nonprofit organization employer that hired the
qualified employee; or
new text end
new text begin
(2) an elected or appointed official of the local government that hired the qualified
employee.
new text end
new text begin
(f) "Qualified employer" means a local government or nonprofit organization that
hires a qualified employee.
new text end
new text begin
(g) "Unemployed veteran" is a veteran who was unemployed on the date of hire.
new text end
new text begin
(h) "Veteran" has the meaning given in Minnesota Statutes, section 197.447.
new text end
new text begin
(i) "Date of hire" means the day that the qualified veteran employee begins
performing services as an employee of the qualified employer.
new text end
new text begin
The commissioner must develop forms and procedures for
soliciting and reviewing applications for grants under this section. At a minimum:
new text end
new text begin
(1) a local government must include a resolution of its governing body affirming the
number of qualified employees hired in the year for which the grant is applied; and
new text end
new text begin
(2) a nonprofit organization must include a resolution of its board affirming the
number of qualified employees hired in the year for which the grant is applied.
new text end
new text begin
The commissioner of revenue shall remit
grants to qualified employers. The amount of the grant equals $2,500 multiplied by the
number of qualified veteran employees hired by the qualified employer. A qualified
employer must not claim a grant for hiring an unemployed veteran as a qualified veteran
employee if the unemployed veteran is currently employed or was previously employed by
the qualified employer. The commissioner of revenue shall pay the aid to the treasurer or
designated treasurer of each qualified employer by July 15 of the calendar year following
the year in which the qualified veteran employee was hired.
new text end
new text begin
This section is effective January 1, 2016.
new text end
new text begin
$175,000 in fiscal year 2016 is appropriated from the general fund to the
commissioner of revenue for administering the free electronic filing study provided in
this article.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The following amounts are appropriated from the general fund to the commissioner
of revenue to make grants under the veteran jobs grant program provided in this article:
new text end
new text begin
(1) $7,600,000 in fiscal year 2016;
new text end
new text begin
(2) $7,200,000 in fiscal year 2017; and
new text end
new text begin
(3) $6,900,000 in each fiscal year thereafter.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding any other law to the contrary, a county levying a tax under section
103C.331 shall not include any taxes levied under those authorities in the levy certified
under section 275.07, subdivision 1, paragraph (a). A county levying under section
103C.331 shall separately certify that amount, and the auditor shall extend that levy as a
special taxing district levy under sections 275.066 and 275.07, subdivision 1, paragraph (b).
new text end
new text begin
This section is effective for certifications made in 2015 and
thereafter.
new text end
Minnesota Statutes 2014, section 126C.01, subdivision 3, is amended to read:
"Referendum market value" means the market
value of all taxable property, excluding property classified as class 2deleted text begin ,deleted text end new text begin ornew text end 4c(4)deleted text begin , or 4c(12)
deleted text end under section 273.13. The portion of class 2a property consisting of the house, garage, and
surrounding one acre of land of an agricultural homestead is included in referendum market
value. For the purposes of this subdivision, in the case of class 1a, 1b, or 2a property,
"market value" means the value prior to the exclusion under section 273.13, subdivision
35. new text begin In the case of class 4c(12) property, "market value" means the market value exceeding
$300,000 for taxes payable in 2016 and thereafter. new text end Any class of property, or any portion of
a class of property, that is included in the definition of referendum market value and that has
a classification rate of less than one percent under section 273.13 shall have a referendum
market value equal to its market value times its classification rate, multiplied by 100.
new text begin
This section is effective for taxes payable in 2016 and
thereafter.
new text end
Minnesota Statutes 2014, section 138.053, is amended to read:
The governing body of any home rule charter or statutory city or town may annually
appropriate from its general fund an amount not to exceed 0.02418 percent of estimated
market value, derived from ad valorem taxes on property or other revenues, to be paid to
the historical society of its respective new text begin city, town, or new text end county to be used for the promotion of
historical work and to aid in defraying the expenses of carrying on the historical work in the
county. No city or town may appropriate any funds for the benefit of any historical society
unless the society is affiliated with and approved by the Minnesota Historical Society.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 273.13, subdivision 23, is amended to read:
(a) An agricultural homestead consists of class 2a agricultural
land that is homesteaded, along with any class 2b rural vacant land that is contiguous to
the class 2a land under the same ownership. The market value of the house and garage
and immediately surrounding one acre of land has the same classification rates as class
1a or 1b property under subdivision 22. The value of the remaining land including
improvements up to the first tier valuation limit of agricultural homestead property has a
classification rate of 0.5 percent of market value. The remaining property over the first tier
has a classification rate of one percent of market value. For purposes of this subdivision,
the "first tier valuation limit of agricultural homestead property" and "first tier" means
the limit certified under section 273.11, subdivision 23.
(b) Class 2a agricultural land consists of parcels of property, or portions thereof, that
are agricultural land and buildings. Class 2a property has a classification rate of one percent
of market value, unless it is part of an agricultural homestead under paragraph (a). Class
2a property must also include any property that would otherwise be classified as 2b, but is
interspersed with class 2a property, including but not limited to sloughs, wooded wind
shelters, acreage abutting ditches, ravines, rock piles, land subject to a setback requirement,
and other similar land that is impractical for the assessor to value separately from the rest of
the property or that is unlikely to be able to be sold separately from the rest of the property.
An assessor may classify the part of a parcel described in this subdivision that is used
for agricultural purposes as class 2a and the remainder in the class appropriate to its use.
(c) Class 2b rural vacant land consists of parcels of property, or portions thereof,
that are unplatted real estate, rural in character and not used for agricultural purposes,
including land used for growing trees for timber, lumber, and wood and wood products,
that is not improved with a structure. The presence of a minor, ancillary nonresidential
structure as defined by the commissioner of revenue does not disqualify the property from
classification under this paragraph. Any parcel of 20 acres or more improved with a
structure that is not a minor, ancillary nonresidential structure must be split-classified, and
ten acres must be assigned to the split parcel containing the structure. Class 2b property
has a classification rate of one percent of market value unless it is part of an agricultural
homestead under paragraph (a), or qualifies as class 2c under paragraph (d).
(d) Class 2c managed forest land consists of no less than 20 and no more than
1,920 acres statewide per taxpayer that is being managed under a forest management
plan that meets the requirements of chapter 290C, but is not enrolled in the sustainable
forest resource management incentive program. It has a classification rate of .65 percent,
provided that the owner of the property must apply to the assessor in order for the
property to initially qualify for the reduced rate and provide the information required
by the assessor to verify that the property qualifies for the reduced rate. If the assessor
receives the application and information before May 1 in an assessment year, the property
qualifies beginning with that assessment year. If the assessor receives the application
and information after April 30 in an assessment year, the property may not qualify until
the next assessment year. The commissioner of natural resources must concur that the
land is qualified. The commissioner of natural resources shall annually provide county
assessors verification information on a timely basis. The presence of a minor, ancillary
nonresidential structure as defined by the commissioner of revenue does not disqualify the
property from classification under this paragraph.
(e) Agricultural land as used in this section means:
(1) contiguous acreage of ten acres or more, used during the preceding year for
agricultural purposes; or
(2) contiguous acreage used during the preceding year for an intensive livestock or
poultry confinement operation, provided that land used only for pasturing or grazing
does not qualify under this clause.
"Agricultural purposes" as used in this section means the raising, cultivation, drying,
or storage of agricultural products for sale, or the storage of machinery or equipment used
in support of agricultural production by the same farm entity. For a property to be classified
as agricultural based only on the drying or storage of agricultural products, the products
being dried or stored must have been produced by the same farm entity as the entity
operating the drying or storage facility. "Agricultural purposes" also includes enrollment
in the Reinvest in Minnesota program under sections 103F.501 to 103F.535 deleted text begin or the federal
Conservation Reserve Program as contained in Public Law 99-198deleted text end or a similar state or
federal conservation programnew text begin , excluding the federal Conservation Reserve Program,new text end if
the property was classified as agricultural (i) under this subdivision for taxes payable in
2003 because of its enrollment in a qualifying program and the land remains enrolled or
(ii) in the year prior to its enrollment.new text begin Enrollment in the federal Conservation Reserve
Program, as contained in Public Law 98-198, shall be considered an agricultural purpose
under this section.new text end Agricultural classification shall not be based upon the market value of
any residential structures on the parcel or contiguous parcels under the same ownership.
"Contiguous acreage," for purposes of this paragraph, means all of, or a contiguous
portion of, a tax parcel as described in section 272.193, or all of, or a contiguous portion
of, a set of contiguous tax parcels under that section that are owned by the same person.
(f) Agricultural land under this section also includes:
(1) contiguous acreage that is less than ten acres in size and exclusively used in the
preceding year for raising or cultivating agricultural products; or
(2) contiguous acreage that contains a residence and is less than 11 acres in size, if
the contiguous acreage exclusive of the house, garage, and surrounding one acre of land
was used in the preceding year for one or more of the following three uses:
(i) for an intensive grain drying or storage operation, or for intensive machinery or
equipment storage activities used to support agricultural activities on other parcels of
property operated by the same farming entity;
(ii) as a nursery, provided that only those acres used intensively to produce nursery
stock are considered agricultural land; or
(iii) for intensive market farming; for purposes of this paragraph, "market farming"
means the cultivation of one or more fruits or vegetables or production of animal or other
agricultural products for sale to local markets by the farmer or an organization with which
the farmer is affiliated.
"Contiguous acreage," for purposes of this paragraph, means all of a tax parcel as
described in section 272.193, or all of a set of contiguous tax parcels under that section
that are owned by the same person.
(g) Land shall be classified as agricultural even if all or a portion of the agricultural
use of that property is the leasing to, or use by another person for agricultural purposes.
Classification under this subdivision is not determinative for qualifying under
section 273.111.
(h) The property classification under this section supersedes, for property tax
purposes only, any locally administered agricultural policies or land use restrictions that
define minimum or maximum farm acreage.
(i) The term "agricultural products" as used in this subdivision includes production
for sale of:
(1) livestock, dairy animals, dairy products, poultry and poultry products, fur-bearing
animals, horticultural and nursery stock, fruit of all kinds, vegetables, forage, grains,
bees, and apiary products by the owner;
(2) fish bred for sale and consumption if the fish breeding occurs on land zoned
for agricultural use;
(3) the commercial boarding of horses, which may include related horse training and
riding instruction, if the boarding is done on property that is also used for raising pasture
to graze horses or raising or cultivating other agricultural products as defined in clause (1);
(4) property which is owned and operated by nonprofit organizations used for
equestrian activities, excluding racing;
(5) game birds and waterfowl bred and raised (i) on a game farm licensed under
section 97A.105, provided that the annual licensing report to the Department of Natural
Resources, which must be submitted annually by March 30 to the assessor, indicates
that at least 500 birds were raised or used for breeding stock on the property during the
preceding year and that the owner provides a copy of the owner's most recent schedule F;
or (ii) for use on a shooting preserve licensed under section 97A.115;
(6) insects primarily bred to be used as food for animals;
(7) trees, grown for sale as a crop, including short rotation woody crops, and not
sold for timber, lumber, wood, or wood products; and
(8) maple syrup taken from trees grown by a person licensed by the Minnesota
Department of Agriculture under chapter 28A as a food processor.
(j) If a parcel used for agricultural purposes is also used for commercial or industrial
purposes, including but not limited to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities enumerated in clauses (1), (2),
and (3),
the assessor shall classify the part of the parcel used for agricultural purposes as class
1b, 2a, or 2b, whichever is appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and packaging of raw agricultural products for first sale is
considered an agricultural purpose. A greenhouse or other building where horticultural
or nursery products are grown that is also used for the conduct of retail sales must be
classified as agricultural if it is primarily used for the growing of horticultural or nursery
products from seed, cuttings, or roots and occasionally as a showroom for the retail sale of
those products. Use of a greenhouse or building only for the display of already grown
horticultural or nursery products does not qualify as an agricultural purpose.
(k) The assessor shall determine and list separately on the records the market value
of the homestead dwelling and the one acre of land on which that dwelling is located. If
any farm buildings or structures are located on this homesteaded acre of land, their market
value shall not be included in this separate determination.
(l) Class 2d airport landing area consists of a landing area or public access area of a
privately owned public use airport. It has a classification rate of one percent of market
value. To qualify for classification under this paragraph, a privately owned public use
airport must be licensed as a public airport under section 360.018. For purposes of
this paragraph, "landing area" means that part of a privately owned public use airport
properly cleared, regularly maintained, and made available to the public for use by aircraft
and includes runways, taxiways, aprons, and sites upon which are situated landing or
navigational aids. A landing area also includes land underlying both the primary surface
and the approach surfaces that comply with all of the following:
(i) the land is properly cleared and regularly maintained for the primary purposes of
the landing, taking off, and taxiing of aircraft; but that portion of the land that contains
facilities for servicing, repair, or maintenance of aircraft is not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or residential purposes.
The land contained in a landing area under this paragraph must be described and certified
by the commissioner of transportation. The certification is effective until it is modified,
or until the airport or landing area no longer meets the requirements of this paragraph.
For purposes of this paragraph, "public access area" means property used as an aircraft
parking ramp, apron, or storage hangar, or an arrival and departure building in connection
with the airport.
(m) Class 2e consists of land with a commercial aggregate deposit that is not actively
being mined and is not otherwise classified as class 2a or 2b, provided that the land is not
located in a county that has elected to opt-out of the aggregate preservation program as
provided in section 273.1115, subdivision 6. It has a classification rate of one percent of
market value. To qualify for classification under this paragraph, the property must be at
least ten contiguous acres in size and the owner of the property must record with the
county recorder of the county in which the property is located an affidavit containing:
(1) a legal description of the property;
(2) a disclosure that the property contains a commercial aggregate deposit that is not
actively being mined but is present on the entire parcel enrolled;
(3) documentation that the conditional use under the county or local zoning
ordinance of this property is for mining; and
(4) documentation that a permit has been issued by the local unit of government
or the mining activity is allowed under local ordinance. The disclosure must include a
statement from a registered professional geologist, engineer, or soil scientist delineating
the deposit and certifying that it is a commercial aggregate deposit.
For purposes of this section and section 273.1115, "commercial aggregate deposit"
means a deposit that will yield crushed stone or sand and gravel that is suitable for use
as a construction aggregate; and "actively mined" means the removal of top soil and
overburden in preparation for excavation or excavation of a commercial deposit.
(n) When any portion of the property under this subdivision or subdivision 22 begins
to be actively mined, the owner must file a supplemental affidavit within 60 days from
the day any aggregate is removed stating the number of acres of the property that is
actively being mined. The acres actively being mined must be (1) valued and classified
under subdivision 24 in the next subsequent assessment year, and (2) removed from the
aggregate resource preservation property tax program under section 273.1115, if the
land was enrolled in that program. Copies of the original affidavit and all supplemental
affidavits must be filed with the county assessor, the local zoning administrator, and the
Department of Natural Resources, Division of Land and Minerals. A supplemental
affidavit must be filed each time a subsequent portion of the property is actively mined,
provided that the minimum acreage change is five acres, even if the actual mining activity
constitutes less than five acres.
(o) The definitions prescribed by the commissioner under paragraphs (c) and (d) are
not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions
in section 14.386 concerning exempt rules do not apply.
new text begin
This section is effective beginning with assessment year 2016.
new text end
Minnesota Statutes 2014, section 273.13, subdivision 24, is amended to read:
Commercial and industrial property and utility real and personal
property is class 3a.
(1) Except as otherwise provided, each parcel of commercial, industrial, or utility
real property has a classification rate of deleted text begin 1.5deleted text end new text begin 1.55new text end percent of the first tier of market value,
and deleted text begin 2.0deleted text end new text begin 2.1 new text end percent of the remaining market value. In the case of contiguous parcels of
property owned by the same person or entity, only the value equal to the first-tier value of
the contiguous parcels qualifies for the reduced classification rate, except that contiguous
parcels owned by the same person or entity shall be eligible for the first-tier value
classification rate on each separate business operated by the owner of the property, provided
the business is housed in a separate structure. For the purposes of this subdivision, the first
tier means the first $150,000 of market value. Real property owned in fee by a utility for
transmission line right-of-way shall be classified at the classification rate for the higher tier.
For purposes of this subdivision, parcels are considered to be contiguous even if
they are separated from each other by a road, street, waterway, or other similar intervening
type of property. Connections between parcels that consist of power lines or pipelines do
not cause the parcels to be contiguous. Property owners who have contiguous parcels of
property that constitute separate businesses that may qualify for the first-tier classification
rate shall notify the assessor by July 1, for treatment beginning in the following taxes
payable year.
(2) All personal property that is: (i) part of an electric generation, transmission, or
distribution system; or (ii) part of a pipeline system transporting or distributing water, gas,
crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad
operating property has a classification rate as provided under clause (1) for the first tier
of market value and the remaining market value. In the case of multiple parcels in one
county that are owned by one person or entity, only one first tier amount is eligible for the
reduced rate.
(3) The entire market value of personal property that is: (i) tools, implements, and
machinery of an electric generation, transmission, or distribution system; (ii) tools,
implements, and machinery of a pipeline system transporting or distributing water, gas,
crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of
steam or hot or chilled water for heating or cooling buildings, has a classification rate as
provided under clause (1) for the remaining market value in excess of the first tier.
new text begin
This section is effective for taxes payable in 2016 and
thereafter.
new text end
Minnesota Statutes 2014, section 273.1392, is amended to read:
The amounts of bovine tuberculosis credit reimbursements under section 273.113;
conservation tax credits under section 273.119; disaster or emergency reimbursement
under sections 273.1231 to 273.1235; homestead and agricultural credits under deleted text begin section
deleted text end new text begin sectionsnew text end 273.1384new text begin and 273.88new text end ; aids and credits under section 273.1398; enterprise zone
property credit payments under section 469.171; and metropolitan agricultural preserve
reduction under section 473H.10 for school districts, shall be certified to the Department
of Education by the Department of Revenue. The amounts so certified shall be paid
according to section 127A.45, subdivisions 9 and 13.
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
Minnesota Statutes 2014, section 273.1393, is amended to read:
Notwithstanding any other provisions to the contrary, "net" property taxes are
determined by subtracting the credits in the order listed from the gross tax:
(1) disaster credit as provided in sections 273.1231 to 273.1235;
(2) powerline credit as provided in section 273.42;
(3) agricultural preserves credit as provided in section 473H.10;
(4) enterprise zone credit as provided in section 469.171;
(5) disparity reduction credit;
(6) conservation tax credit as provided in section 273.119;
(7) agricultural credit as provided in section 273.1384;
(8) taconite homestead credit as provided in section 273.135;
(9) supplemental homestead credit as provided in section 273.1391; deleted text begin and
deleted text end
(10) deleted text begin thedeleted text end bovine tuberculosis zone credit, as provided in section 273.113new text begin ; and
new text end
new text begin (11) the targeted agricultural land credit, as provided in section 273.88new text end .
The combination of all property tax credits must not exceed the gross tax amount.
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
new text begin
(a) Property classified in whole or
in part as class 2a agricultural property under section 273.13, subdivision 23, paragraph
(b), in both the prior year and the current year, is eligible for a property tax credit if the
gross property taxes payable on that portion of the property classified as agricultural
increase by more than eight percent over the property taxes payable in the prior year on the
same property and the amount of that increase is $200 or more. The amount of the credit
shall equal the amount of the increase over the greater of eight percent of the prior year's
property taxes payable or $200. The maximum credit allowed under this section is $2,000.
new text end
new text begin
(b) For purposes of this subdivision, "gross property taxes payable" means property
taxes payable excluding special assessments, penalties and interest, and assessed fees upon
the property determined without regard to the credit allowed under this section.
new text end
new text begin
(c) Agricultural property shall not be eligible for the credit under this section if: (1)
the property's boundaries have changed in the current payable year; (2) an improvement
was constructed upon the property; (3) valuation increases occurred relating to an
incremental value increase due to a plat law provision or based upon the termination of an
exclusion under section 273.11, subdivision 14a, 14b, or 14c; or (4) in the prior payable
year, the property was enrolled under section 273.111, 273.113, or 273.114, or chapter
473H or 40A, and that enrollment was removed for the current payable year.
new text end
new text begin
(d) If the amount of the credit exceeds the total of the net tax capacity-based gross
property taxes on that portion of the property eligible for a credit under subdivision (a),
the credit shall be limited to the net tax capacity-based gross property taxes payable on
that part of the property classified under section 273.13, subdivision 23, paragraph (b).
new text end
new text begin
The county auditor shall determine the tax
reductions allowed under subdivision 1 within the county for each taxes payable year and
certify that amount to the commissioner of revenue as part of the abstracts of tax listings
submitted by the county auditors under section 275.29. Any prior year adjustments
shall also be certified on the abstracts of tax lists. The commissioner shall review the
certifications for accuracy and make changes as necessary, or return the certification to the
county auditor for correction. The credit under this section must be used to proportionately
reduce the net tax capacity-based property tax payable to each local taxing jurisdiction
as provided in section 273.1393.
new text end
new text begin
(a) The commissioner of revenue shall reimburse each local
taxing jurisdiction, other than school districts, for the tax reductions granted under
subdivision 1 in two equal installments on October 31 and December 26 of the taxes
payable year for which the reductions are granted, including in each payment the prior
year adjustments certified on the abstracts for that taxes payable year. The reimbursements
related to tax increments shall be issued in one installment each year on December 26.
new text end
new text begin
(b) The commissioner of revenue shall certify the total of the tax reductions
granted under subdivision 1 for each taxes payable year within each school district
to the commissioner of education, and the commissioner of education shall pay the
reimbursement amounts to each school district as provided in section 273.1392.
new text end
new text begin
An amount sufficient to make the payments required by
this section to taxing jurisdictions other than school districts is annually appropriated
from the general fund to the commissioner of revenue. An amount sufficient to make the
payments required under this section for school districts is annually appropriated from the
general fund to the commissioner of education.
new text end
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
Minnesota Statutes 2014, section 275.025, subdivision 1, is amended to read:
The state general levy is levied against
commercial-industrial property and seasonal residential recreational property, as defined
in this section. The state general levy base amountnew text begin for commercial-industrial propertynew text end is
deleted text begin $592,000,000deleted text end new text begin $767,092,100new text end for taxes payable in deleted text begin 2002deleted text end new text begin 2016new text end . new text begin The state general levy base
amount for seasonal residential recreational property is $34,057,500 for taxes payable in
2016. new text end For taxes payable in subsequent years, deleted text begin thedeleted text end new text begin eachnew text end levy base amount is increased each
year by multiplying the levy base amount for the prior year by the sum of one plus the rate
of increase, if any, in the implicit price deflator for government consumption expenditures
and gross investment for state and local governments prepared by the Bureau of Economic
Analysts of the United States Department of Commerce for the 12-month period ending
March 31 of the year prior to the year the taxes are payable. The tax under this section is
not treated as a local tax rate under section 469.177 and is not the levy of a governmental
unit under chapters 276A and 473F.
The commissioner shall increase or decrease the preliminary or final rate for a year
as necessary to account for errors and tax base changes that affected a preliminary or final
rate for either of the two preceding years. Adjustments are allowed to the extent that the
necessary information is available to the commissioner at the time the rates for a year must
be certified, and for the following reasons:
(1) an erroneous report of taxable value by a local official;
(2) an erroneous calculation by the commissioner; and
(3) an increase or decrease in taxable value for commercial-industrial or seasonal
residential recreational property reported on the abstracts of tax lists submitted under
section 275.29 that was not reported on the abstracts of assessment submitted under
section 270C.89 for the same year.
The commissioner may, but need not, make adjustments if the total difference in the tax
levied for the year would be less than $100,000.
new text begin
This section is effective for taxes payable in 2016 and
thereafter.
new text end
Minnesota Statutes 2014, section 275.025, subdivision 3, is amended to read:
For the purposes of this
section, "seasonal residential recreational tax capacity" means the tax capacity of tier III of
class 1c under section 273.13, subdivision 22, and all class 4c(1), 4c(3)(ii), and 4c(12)
property under section 273.13, subdivision 25, except thatnew text begin for each noncommercial class
4c(12) property: (i)new text end the first $76,000 of market value deleted text begin of each noncommercial class 4c(12)
propertydeleted text end has a tax capacity for this purpose equal to 40 percent of its tax capacity under
section 273.13new text begin ; and (ii) the market value exceeding $300,000 shall be excluded for taxes
payable in 2016 and thereafternew text end .
new text begin
This section is effective for taxes payable in 2016 and
thereafter.
new text end
Minnesota Statutes 2014, section 275.065, subdivision 1, is amended to read:
(a) Notwithstanding any law or charter to the
contrary, on or before September 30, each county deleted text begin and eachdeleted text end new text begin ,new text end home rule charter or statutory
citynew text begin , and special taxing district, excluding the metropolitan council and the metropolitan
mosquito control commission,new text end shall certify to the county auditor the proposed property
tax levy for taxes payable in the following year. new text begin The proposed levy certification date for
the metropolitan council shall be as prescribed in sections 473.249 and 473.446. The
proposed levy certification date for the metropolitan mosquito control district shall be
as prescribed in section 473.711.
new text end
(b) Notwithstanding any law or charter to the contrary, on or before September 15,
each town deleted text begin and each special taxing districtdeleted text end shall adopt and certify to the county auditor a
proposed property tax levy for taxes payable in the following year. For towns, the final
certified levy shall also be considered the proposed levy.
(c) On or before September 30, each school district that has not mutually agreed
with its home county to extend this date shall certify to the county auditor the proposed
property tax levy for taxes payable in the following year. Each school district that has
agreed with its home county to delay the certification of its proposed property tax levy
must certify its proposed property tax levy for the following year no later than October
7. The school district shall certify the proposed levy as:
(1) a specific dollar amount by school district fund, broken down between
voter-approved and non-voter-approved levies and between referendum market value
and tax capacity levies; or
(2) the maximum levy limitation certified by the commissioner of education
according to section 126C.48, subdivision 1.
(d) If the board of estimate and taxation or any similar board that establishes
maximum tax levies for taxing jurisdictions within a first class city certifies the maximum
property tax levies for funds under its jurisdiction by charter to the county auditor by the
date specified in paragraph (a), the city shall be deemed to have certified its levies for
those taxing jurisdictions.
(e) For purposes of this section, "special taxing district" means a special taxing
district as defined in section 275.066. Intermediate school districts that levy a tax
under chapter 124 or 136D, joint powers boards established under sections 123A.44 to
123A.446, and Common School Districts No. 323, Franconia, and No. 815, Prinsburg, are
also special taxing districts for purposes of this section.
(f) At the meeting at which a taxing authority, other than a town, adopts its proposed
tax levy under this subdivision, the taxing authority shall announce the time and place
of its subsequent regularly scheduled meetings at which the budget and levy will be
discussed and at which the public will be allowed to speak. The time and place of those
meetings must be included in the proceedings or summary of proceedings published in the
official newspaper of the taxing authority under section 123B.09, 375.12, or 412.191.
new text begin
This section is effective beginning with proposed levy
certifications for taxes payable in 2016.
new text end
Minnesota Statutes 2014, section 275.065, subdivision 3, is amended to read:
(a) The county auditor shall prepare
and the county treasurer shall deliver after November 10 and on or before November 24
each year, by first class mail to each taxpayer at the address listed on the county's current
year's assessment roll, a notice of proposed property taxes. Upon written request by
the taxpayer, the treasurer may send the notice in electronic form or by electronic mail
instead of on paper or by ordinary mail.
(b) The commissioner of revenue shall prescribe the form of the notice.
(c) The notice must inform taxpayers that it contains the amount of property taxes
each taxing authority proposes to collect for taxes payable the following year. In the case of
a town, or in the case of the state general tax, the final tax amount will be its proposed tax.
The notice must clearly state for each city that has a population over 500, county, school
district, regional library authority established under section 134.201, and metropolitan
taxing districts as defined in paragraph (i), the time and place of a meeting for each taxing
authority in which the budget and levy will be discussed and public input allowed, prior to
the final budget and levy determination. The taxing authorities must provide the county
auditor with the information to be included in the notice on or before the time it certifies
its proposed levy under subdivision 1. The public must be allowed to speak at that
meeting, which must occur after November 24 and must not be held before 6:00 p.m. It
must provide a telephone number for the taxing authority that taxpayers may call if they
have questions related to the notice and an address where comments will be received by
mail, except that no notice required under this section shall be interpreted as requiring the
printing of a personal telephone number or address as the contact information for a taxing
authority. If a taxing authority does not maintain public offices where telephone calls can
be received by the authority, the authority may inform the county of the lack of a public
telephone number and the county shall not list a telephone number for that taxing authority.
(d) The notice must state for each parcel:
(1) the market value of the property as determined under section 273.11, and used
for computing property taxes payable in the following year and for taxes payable in the
current year as each appears in the records of the county assessor on November 1 of the
current year; and, in the case of residential property, whether the property is classified as
homestead or nonhomestead. The notice must clearly inform taxpayers of the years to
which the market values apply and that the values are final values;
(2) the items listed below, shown separately by county, city or town, and state
general tax, agricultural homestead credit under section 273.1384,new text begin targeted agricultural
land credit under section 273.88,new text end voter approved school levy, other local school levy, and
the sum of the special taxing districts, and as a total of all taxing authorities:
(i) the actual tax for taxes payable in the current year; and
(ii) the proposed tax amount.
If the county levy under clause (2) includes an amount for a lake improvement
district as defined under sections 103B.501 to 103B.581, the amount attributable for that
purpose must be separately stated from the remaining county levy amount.
In the case of a town or the state general tax, the final tax shall also be its proposed
tax unless the town changes its levy at a special town meeting under section 365.52. If a
school district has certified under section 126C.17, subdivision 9, that a referendum will
be held in the school district at the November general election, the county auditor must
note next to the school district's proposed amount that a referendum is pending and that, if
approved by the voters, the tax amount may be higher than shown on the notice. In the
case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be
listed separately from the remaining amount of the city's levy. In the case of the city of
St. Paul, the levy for the St. Paul Library Agency must be listed separately from the
remaining amount of the city's levy. In the case of Ramsey County, any amount levied
under section 134.07 may be listed separately from the remaining amount of the county's
levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax
under chapter 276A or 473F applies, the proposed tax levy on the captured value or the
proposed tax levy on the tax capacity subject to the areawide tax must each be stated
separately and not included in the sum of the special taxing districts; and
(3) the increase or decrease between the total taxes payable in the current year and
the total proposed taxes, expressed as a percentage.
For purposes of this section, the amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter 290B is the total amount
of property tax before subtraction of the deferred property tax amount.
(e) The notice must clearly state that the proposed or final taxes do not include
the following:
(1) special assessments;
(2) levies approved by the voters after the date the proposed taxes are certified,
including bond referenda and school district levy referenda;
(3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday in November of the levy year as provided under section 275.73;
(4) amounts necessary to pay cleanup or other costs due to a natural disaster
occurring after the date the proposed taxes are certified;
(5) amounts necessary to pay tort judgments against the taxing authority that become
final after the date the proposed taxes are certified; and
(6) the contamination tax imposed on properties which received market value
reductions for contamination.
(f) Except as provided in subdivision 7, failure of the county auditor to prepare or
the county treasurer to deliver the notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the tax levy.
(g) If the notice the taxpayer receives under this section lists the property as
nonhomestead, and satisfactory documentation is provided to the county assessor by the
applicable deadline, and the property qualifies for the homestead classification in that
assessment year, the assessor shall reclassify the property to homestead for taxes payable
in the following year.
(h) In the case of class 4 residential property used as a residence for lease or rental
periods of 30 days or more, the taxpayer must either:
(1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter, or lessee; or
(2) post a copy of the notice in a conspicuous place on the premises of the property.
The notice must be mailed or posted by the taxpayer by November 27 or within
three days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to
which the notice must be mailed in order to fulfill the requirements of this paragraph.
(i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
districts" means the following taxing districts in the seven-county metropolitan area that
levy a property tax for any of the specified purposes listed below:
(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325,
473.446, 473.521, 473.547, or 473.834;
(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
and
(3) Metropolitan Mosquito Control Commission under section 473.711.
For purposes of this section, any levies made by the regional rail authorities in the
county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
398A shall be included with the appropriate county's levy.
(j) The governing body of a county, city, or school district may, with the consent
of the county board, include supplemental information with the statement of proposed
property taxes about the impact of state aid increases or decreases on property tax
increases or decreases and on the level of services provided in the affected jurisdiction.
This supplemental information may include information for the following year, the current
year, and for as many consecutive preceding years as deemed appropriate by the governing
body of the county, city, or school district. It may include only information regarding:
(1) the impact of inflation as measured by the implicit price deflator for state and
local government purchases;
(2) population growth and decline;
(3) state or federal government action; and
(4) other financial factors that affect the level of property taxation and local services
that the governing body of the county, city, or school district may deem appropriate to
include.
The information may be presented using tables, written narrative, and graphic
representations and may contain instruction toward further sources of information or
opportunity for comment.
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
Minnesota Statutes 2014, section 275.066, is amended to read:
For the purposes of property taxation and property tax state aids, the term "special
taxing districts" includes the following entities:
(1) watershed districts under chapter 103D;
(2) sanitary districts under sections 442A.01 to 442A.29;
(3) regional sanitary sewer districts under sections 115.61 to 115.67;
(4) regional public library districts under section 134.201;
(5) park districts under chapter 398;
(6) regional railroad authorities under chapter 398A;
(7) hospital districts under sections 447.31 to 447.38;
(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
(9) Duluth Transit Authority under sections 458A.21 to 458A.37;
(10) regional development commissions under sections 462.381 to 462.398;
(11) housing and redevelopment authorities under sections 469.001 to 469.047;
(12) port authorities under sections 469.048 to 469.068;
(13) economic development authorities under sections 469.090 to 469.1081;
(14) Metropolitan Council under sections 473.123 to 473.549;
(15) Metropolitan Airports Commission under sections 473.601 to 473.679;
(16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
(17) Morrison County Rural Development Financing Authority under Laws 1982,
chapter 437, section 1;
(18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
(19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
sections 1 to 6;
(20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
5, section 39;
(21) Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;
(22) emergency medical services special taxing districts under section 144F.01;
(23) a county levying under the authority of section 103B.241, 103B.245, deleted text begin or
deleted text end 103B.251new text begin , or 103C.331new text end ;
(24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12;
(25) an airport authority created under section 360.0426; and
(26) any other political subdivision of the state of Minnesota, excluding counties,
school districts, cities, and towns, that has the power to adopt and certify a property tax
levy to the county auditor, as determined by the commissioner of revenue.
new text begin
This section is effective for assessment year 2016.
new text end
Minnesota Statutes 2014, section 275.07, subdivision 1, is amended to read:
(a) Except as provided under paragraph (b),
the taxes voted by cities, counties, school districts, and special districts shall be certified
by the proper authorities to the county auditor on or before five working days after
December 20 in each year. A town must certify the levy adopted by the town board to
the county auditor by September 15 each year. If the town board modifies the levy at a
special town meeting after September 15, the town board must recertify its levy to the
county auditor on or before five working days after December 20. If a city, town, county,
school district, or special district fails to certify its levy by that date, its levy shall be the
amount levied by it for the preceding year.
(b)(i) The taxes voted by counties under sections 103B.241, 103B.245, deleted text begin and
deleted text end 103B.251new text begin , and 103C.331new text end shall be separately certified by the county to the county auditor
on or before five working days after December 20 in each year. The taxes certified
shall not be reduced by the county auditor by the aid received under section 273.1398,
subdivision 3. If a county fails to certify its levy by that date, its levy shall be the amount
levied by it for the preceding year.
(ii) For purposes of the proposed property tax notice under section 275.065 and
the property tax statement under section 276.04, for the first year in which the county
implements the provisions of this paragraph, the county auditor shall reduce the county's
levy for the preceding year to reflect any amount levied for water management purposes
under clause (i) included in the county's levy.
new text begin
This section is effective for assessment year 2016.
new text end
Minnesota Statutes 2014, section 276.04, subdivision 2, is amended to read:
(a) The treasurer shall provide for the printing
of the tax statements. The commissioner of revenue shall prescribe the form of the property
tax statement and its contents. The tax statement must not state or imply that property tax
credits are paid by the state of Minnesota. The statement must contain a tabulated statement
of the dollar amount due to each taxing authority and the amount of the state tax from the
parcel of real property for which a particular tax statement is prepared. The dollar amounts
attributable to the county, the state tax, the voter approved school tax, the other local school
tax, the township or municipality, and the total of the metropolitan special taxing districts
as defined in section 275.065, subdivision 3, paragraph (i), must be separately stated.
The amounts due all other special taxing districts, if any, may be aggregated except that
any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be listed on a separate
line directly under the appropriate county's levy. If the county levy under this paragraph
includes an amount for a lake improvement district as defined under sections 103B.501
to 103B.581, the amount attributable for that purpose must be separately stated from the
remaining county levy amount. In the case of Ramsey County, if the county levy under this
paragraph includes an amount for public library service under section 134.07, the amount
attributable for that purpose may be separated from the remaining county levy amount.
The amount of the tax on homesteads qualifying under the senior citizens' property tax
deferral program under chapter 290B is the total amount of property tax before subtraction
of the deferred property tax amount. The amount of the tax on contamination value
imposed under sections 270.91 to 270.98, if any, must also be separately stated. The dollar
amounts, including the dollar amount of any special assessments, may be rounded to the
nearest even whole dollar. For purposes of this section whole odd-numbered dollars may
be adjusted to the next higher even-numbered dollar. The amount of market value excluded
under section 273.11, subdivision 16, if any, must also be listed on the tax statement.
(b) The property tax statements for manufactured homes and sectional structures
taxed as personal property shall contain the same information that is required on the
tax statements for real property.
(c) Real and personal property tax statements must contain the following information
in the order given in this paragraph. The information must contain the current year tax
information in the right column with the corresponding information for the previous year
in a column on the left:
(1) the property's estimated market value under section 273.11, subdivision 1;
(2) the property's homestead market value exclusion under section 273.13,
subdivision 35;
(3) the property's taxable market value under section 272.03, subdivision 15;
(4) the property's gross tax, before credits;
new text begin
(5) for agricultural properties, the credit under section 273.88;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end for homestead agricultural properties, the credit under section 273.1384;
deleted text begin (6)deleted text end new text begin (7)new text end any credits received under sections 273.119; 273.1234 or 273.1235; 273.135;
273.1391; 273.1398, subdivision 4; 469.171; and 473H.10, except that the amount of
credit received under section 273.135 must be separately stated and identified as "taconite
tax relief"; and
deleted text begin (7)deleted text end new text begin (8)new text end the net tax payable in the manner required in paragraph (a).
(d) If the county uses envelopes for mailing property tax statements and if the county
agrees, a taxing district may include a notice with the property tax statement notifying
taxpayers when the taxing district will begin its budget deliberations for the current
year, and encouraging taxpayers to attend the hearings. If the county allows notices to
be included in the envelope containing the property tax statement, and if more than
one taxing district relative to a given property decides to include a notice with the tax
statement, the county treasurer or auditor must coordinate the process and may combine
the information on a single announcement.
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
Minnesota Statutes 2014, section 276A.06, subdivision 3, is amended to read:
The county auditor shall apportion the levy of
each governmental unit in the county in the manner prescribed by this subdivision. The
auditor shall:
(1) by August 20 of deleted text begin 2014 anddeleted text end each deleted text begin subsequentdeleted text end year, determine the preliminary
areawide portion of the levy for each governmental unit by multiplying the local tax
rate of the governmental unit for the preceding levy year times the distribution value set
forth in subdivision 2, clause (2);
new text begin
(2) by September 5 of each year, adjust the preliminary areawide portion of the
levy for each governmental unit by the adjustment percentage, if any, determined under
subdivision 5, paragraph (b);
new text end
deleted text begin (2)deleted text end new text begin (3)new text end by September 5 of deleted text begin 2014 anddeleted text end each deleted text begin subsequentdeleted text end year, determine the areawide
portion of the levy for each governmental unit by multiplying the new text begin adjusted new text end preliminary
areawide portion of the levy for each governmental unit times a fraction, the numerator of
which is the difference between the sum of the new text begin adjusted new text end preliminary areawide levies for all
governmental units in the area minus the school fund allocation and the denominator is the
sum of the new text begin adjusted new text end preliminary areawide levy for all governmental units in the area; and
deleted text begin (3)deleted text end new text begin (4)new text end by September 5 of deleted text begin 2014 anddeleted text end each deleted text begin subsequentdeleted text end year, determine the local
portion of the current year's levy by subtracting the resulting amount from clause deleted text begin (1)deleted text end new text begin (2)
new text end from the governmental unit's current year's levy.
new text begin
This section is effective beginning with taxes payable in 2017.
new text end
Minnesota Statutes 2014, section 276A.06, subdivision 5, is amended to read:
new text begin (a) new text end On or before August 25deleted text begin , 1997, anddeleted text end new text begin ofnew text end each
deleted text begin subsequentdeleted text end year, the county auditor shall certify to the administrative auditor the
preliminary portion of the levy of each governmental unit determined pursuant to
subdivision 3, clause (1). The administrative auditor shall then determine the areawide
tax rate sufficient to yield an amount equal to the sum of the levies from the preliminary
areawide net tax capacity.
new text begin
(b) The areawide tax rate may not deviate from the previous year's areawide rate by
more than five percentage points. If the areawide tax rate determined under paragraph
(a) does not fall within that range, the auditor must determine the percentage increase or
reduction to each jurisdiction's distribution levy necessary so that the areawide rate falls
within the range and recalculate the areawide rate accordingly.
new text end
new text begin (c) new text end On or before September 1, the administrative auditor shall certify the areawide
tax rate to each of the county auditors.
new text begin
This section is effective beginning with taxes payable in 2017.
new text end
Minnesota Statutes 2014, section 279.01, subdivision 1, is amended to read:
new text begin (a) new text end Except as provided in subdivisions 3 to 5,
on May 16 or 21 days after the postmark date on the envelope containing the property tax
statement, whichever is later, a penalty accrues and thereafter is charged upon all unpaid
taxes on real estate on the current lists in the hands of the county treasurer. The penalty is
at a rate of two percent on homestead property until May 31 and four percent on June 1.
The penalty on nonhomestead property is at a rate of four percent until May 31 and eight
percent on June 1. This penalty does not accrue until June 1 of each year, or 21 days after
the postmark date on the envelope containing the property tax statements, whichever is
later, on commercial use real property used for seasonal residential recreational purposes
and classified as class 1c or 4c, and on other commercial use real property classified as
class 3a, provided that over 60 percent of the gross income earned by the enterprise on the
class 3a property is earned during the months of May, June, July, and August. In order for
the first half of the tax due on class 3a property to be paid after May 15 and before June 1,
or 21 days after the postmark date on the envelope containing the property tax statement,
whichever is later, without penalty, the owner of the property must attach an affidavit
to the payment attesting to compliance with the income provision of this subdivision.
Thereafter, for both homestead and nonhomestead property, on the first day of each month
beginning July 1, up to and including October 1 following, an additional penalty of one
percent for each month accrues and is charged on all such unpaid taxes provided that if the
due date was extended beyond May 15 as the result of any delay in mailing property tax
statements no additional penalty shall accrue if the tax is paid by the extended due date. If
the tax is not paid by the extended due date, then all penalties that would have accrued if
the due date had been May 15 shall be charged. When the taxes against any tract or lot
exceed $100, one-half thereof may be paid prior to May 16 or 21 days after the postmark
date on the envelope containing the property tax statement, whichever is later; and, if so
paid, no penalty attaches; the remaining one-half may be paid at any time prior to October
16 following, without penalty; but, if not so paid, then a penalty of two percent accrues
thereon for homestead property and a penalty of four percent on nonhomestead property.
Thereafter, for homestead property, on the first day of November an additional penalty of
four percent accrues and on the first day of December following, an additional penalty of
two percent accrues and is charged on all such unpaid taxes. Thereafter, for nonhomestead
property, on the first day of November and December following, an additional penalty of
four percent for each month accrues and is charged on all such unpaid taxes. If one-half of
such taxes are not paid prior to May 16 or 21 days after the postmark date on the envelope
containing the property tax statement, whichever is later, the same may be paid at any time
prior to October 16, with accrued penalties to the date of payment added, and thereupon
no penalty attaches to the remaining one-half until October 16 following.
new text begin (b) new text end This section applies to payment of personal property taxes assessed against
improvements to leased property, except as provided by section 277.01, subdivision 3.
new text begin (c) new text end A county may provide by resolution that in the case of a property owner that has
multiple tracts or parcels with aggregate taxes exceeding $100, payments may be made in
installments as provided in this subdivision.
new text begin (d) new text end The county treasurer may accept payments of more or less than the exact amount
of a tax installment due. Payments must be applied first to the oldest installment that is due
but which has not been fully paid. If the accepted payment is less than the amount due,
payments must be applied first to the penalty accrued for the year or the installment being
paid. Acceptance of partial payment of tax does not constitute a waiver of the minimum
payment required as a condition for filing an appeal under section 278.03 or any other law,
nor does it affect the order of payment of delinquent taxes under section 280.39.
new text begin
(e) No penalty under this section shall accrue if the property tax payment is delivered
by mail to the county treasurer and the envelope containing the payment is postmarked
within two business days of the due date prescribed under this section.
new text end
new text begin
This section is effective for property taxes payable in 2016
and thereafter.
new text end
Minnesota Statutes 2014, section 279.37, subdivision 2, is amended to read:
(a) The owner of any such parcel, or any person to
whom the right to pay taxes has been given by statute, mortgage, or other agreement, may
make and file with the county auditor of the county in which the parcel is located a written
offer to pay the current taxes each year before they become delinquent, or to contest
the taxes under chapter 278 and agree to confess judgment for the amount provided, as
determined by the county auditor. By filing the offer, the owner waives all irregularities
in connection with the tax proceedings affecting the parcel and any defense or objection
which the owner may have to the proceedings, and also waives the requirements of any
notice of default in the payment of any installment or interest to become due pursuant to
the composite judgment to be so entered. Unless the property is subject to subdivision 1a,
with the offer, the owner shall (i) tender one-tenth of the amount of the delinquent taxes,
costs, penalty, and interest, and (ii) tender all current year taxes and penalty due at the
time the confession of judgment is entered. In the offer, the owner shall agree to pay the
balance in nine equal installments, with interest as provided in section 279.03, payable
annually on installments remaining unpaid from time to time, on or before December 31
of each year following the year in which judgment was confessed.
(b) For property which qualifies under section 279.03, subdivision 2, paragraph (b),
each year the commissioner shall set the interest rate for offers made under paragraph (a)
at the greater of five percent or two percent above the prime rate charged by banks during
the six-month period ending on September 30 of that year, rounded to the nearest full
percent, provided that the rate must not exceed the maximum annum rate specified under
section 279.03, subdivision 1a. The rate of interest becomes effective on January 1 of the
immediately succeeding year. The commissioner's determination under this subdivision is
not a rule subject to the Administrative Procedure Act in chapter 14, including section
14.386. If a default occurs in the payments under any confessed judgment entered under
this paragraph, the taxes and penalties due are subject to the interest rate specified in
section 279.03.
For the purposes of this subdivision:
(1) the term "prime rate charged by banks" means the average predominant prime
rate quoted by commercial banks to large businesses, as determined by the Board of
Governors of the Federal Reserve System; and
(2) "default" means the cancellation of the confession of judgment due to
nonpayment of the current year tax or failure to make any installment payment required by
this confessed judgment within 60 days from the date on which payment was due.
(c) The interest rate established at the time judgment is confessed is fixed for the
duration of the judgment. By October 15 of each year, the commissioner of revenue must
determine the rate of interest as provided under paragraph (b) and, by November 1 of each
year, must certify the rate to the county auditor.
(d) A qualified property owner eligible to enter into a second confession of judgment
may do so at the interest rate provided in paragraph (b).
deleted text begin
(e) Repurchase agreements or contracts for repurchase for properties being
repurchased under section 282.261 are not eligible to receive the interest rate under
paragraph (b).
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end The offer must be substantially as follows:
"To the court administrator of the district court of ........... county, I, .....................,
am the owner of the following described parcel of real estate located in ....................
county, Minnesota:
.............................. Upon that real estate there are delinquent taxes for the year ........., and
prior years, as follows: (here insert year of delinquency and the total amount of delinquent
taxes, costs, interest, and penalty). By signing this document I offer to confess judgment
in the sum of $...... and waive all irregularities in the tax proceedings affecting these
taxes and any defense or objection which I may have to them, and direct judgment to be
entered for the amount stated above, minus the sum of $............, to be paid with this
document, which is one-tenth or one-fifth of the amount of the taxes, costs, penalty, and
interest stated above. I agree to pay the balance of the judgment in nine or four equal,
annual installments, with interest as provided in section 279.03, payable annually, on the
installments remaining unpaid. I agree to pay the installments and interest on or before
December 31 of each year following the year in which this judgment is confessed and
current taxes each year before they become delinquent, or within 30 days after the entry of
final judgment in proceedings to contest the taxes under chapter 278.
Dated .............., ......."
new text begin
This section is effective for sales and repurchases occurring
after June 30, 2015.
new text end
Minnesota Statutes 2014, section 282.01, subdivision 4, is amended to read:
The sale authorized under
subdivision 3 must be conducted by the county auditor at the county seat of the county in
which the parcels lie, except that in St. Louis and Koochiching Counties, the sale may
be conducted in any county facility within the county. The sale must not be for less than
the appraised value except as provided in subdivision 7a. The parcels must be sold for
cash only, unless the county board of the county has adopted a resolution providing for
their sale on terms, in which event the resolution controls with respect to the sale. When
the sale is made on terms other than for cash only (1) a payment of at least ten percent
of the purchase price must be made at the time of purchase, and the balance must be
paid in no more than ten equal annual installments, or (2) the payments must be made
in accordance with county board policy, but in no event may the board require more
than 12 installments annually, and the contract term must not be for more than ten years.
Standing timber or timber products must not be removed from these lands until an amount
equal to the appraised value of all standing timber or timber products on the lands at the
time of purchase has been paid by the purchaser. If a parcel of land bearing standing
timber or timber products is sold at public auction for more than the appraised value, the
amount bid in excess of the appraised value must be allocated between the land and the
timber in proportion to their respective appraised values. In that case, standing timber or
timber products must not be removed from the land until the amount of the excess bid
allocated to timber or timber products has been paid in addition to the appraised value of
the land. The purchaser is entitled to immediate possession, subject to the provisions of
any existing valid lease made in behalf of the state.
deleted text begin For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price
is subject to interest at the rate determined pursuant to section 549.09.deleted text end The unpaid balance
of the purchase price deleted text begin for sales occurring after December 31, 1990,deleted text end is subject to interest
at the new text begin same new text end ratenew text begin as installment payments on confession of judgment for delinquent taxes
new text end determined in section deleted text begin 279.03, subdivision 1adeleted text end new text begin 279.37, subdivision 2, paragraph (b)new text end . deleted text begin The
interest rate is subject to change each year on the unpaid balance in the manner provided
for rate changes in section 549.09 or 279.03, subdivision 1a, whichever, is applicable.
Interest on the unpaid contract balance on sales occurring before July 1, 1982, is payable
at the rate applicable to the sale at the time that the sale occurred.
deleted text end
new text begin
This section is effective for sales occurring after June 30, 2015.
new text end
Minnesota Statutes 2014, section 282.261, subdivision 2, is amended to read:
The unpaid balance on any repurchase contract approved
by the county board is subject to interest at thenew text begin samenew text end rate new text begin as installment payments on
confession of judgment for delinquent taxes new text end determined in section deleted text begin 279.03, subdivision 1a
deleted text end new text begin 279.37, subdivision 2, paragraph (b)new text end . deleted text begin The interest rate is subject to change each year on the
unpaid balance in the manner provided for rate changes in section 279.03, subdivision 1a.
deleted text end
new text begin
This section is effective for repurchases occurring after June
30, 2015.
new text end
Minnesota Statutes 2014, section 290A.03, subdivision 13, is amended to read:
"Property taxes payable" means the property tax
exclusive of special assessments, penalties, and interest payable on a claimant's homestead
after deductions made under sections 273.135, 273.1384, 273.1391, 273.42, subdivision 2,
and any other state paid property tax credits in any calendar year, and after any refund
claimed and allowable under section 290A.04, subdivision 2h, that is first payable in
the year that the property tax is payable. In the case of a claimant who makes ground
lease payments, "property taxes payable" includes the amount of the payments directly
attributable to the property taxes assessed against the parcel on which the house is located.
No apportionment or reduction of the "property taxes payable" shall be required for the
use of a portion of the claimant's homestead for a business purpose if the claimant does not
deduct any business depreciation expenses for the use of a portion of the homesteadnew text begin , or
elects to deduct expenses under section 280A of the Internal Revenue Code for a business
operated in a home,new text end in the determination of federal adjusted gross income. For homesteads
which are manufactured homes as defined in section 273.125, subdivision 8, and for
homesteads which are park trailers taxed as manufactured homes under section 168.012,
subdivision 9, "property taxes payable" shall also include 17 percent of the gross rent paid
in the preceding year for the site on which the homestead is located. When a homestead
is owned by two or more persons as joint tenants or tenants in common, such tenants
shall determine between them which tenant may claim the property taxes payable on the
homestead. If they are unable to agree, the matter shall be referred to the commissioner of
revenue whose decision shall be final. Property taxes are considered payable in the year
prescribed by law for payment of the taxes.
In the case of a claim relating to "property taxes payable," the claimant must have
owned and occupied the homestead on January 2 of the year in which the tax is payable
and (i) the property must have been classified as homestead property pursuant to section
273.124, on or before December 15 of the assessment year to which the "property taxes
payable" relate; or (ii) the claimant must provide documentation from the local assessor
that application for homestead classification has been made on or before December 15
of the year in which the "property taxes payable" were payable and that the assessor has
approved the application.
new text begin
This section is effective for refunds based on rent paid after
December 31, 2013, and property taxes payable after December 31, 2014.
new text end
Minnesota Statutes 2014, section 290A.04, subdivision 2h, is amended to read:
(a) If the gross property taxes payable on a homestead
increase more than deleted text begin 12deleted text end new text begin tennew text end percent over the property taxes payable in the prior year on the
same property that is owned and occupied by the same owner on January 2 of both years,
and the amount of that increase is $100 or more, a claimant who is a homeowner shall
be allowed an additional refund equal to 60 percent of the amount of the increase over
the greater of deleted text begin 12deleted text end new text begin tennew text end percent of the prior year's property taxes payable or $100. This
subdivision shall not apply to any increase in the gross property taxes payable attributable
to improvements made to the homestead after the assessment date for the prior year's
taxes. This subdivision shall not apply to any increase in the gross property taxes payable
attributable to the termination of valuation exclusions under section 273.11, subdivision 16.
The maximum refund allowed under this subdivision is $1,000.
(b) For purposes of this subdivision "gross property taxes payable" means property
taxes payable determined without regard to the refund allowed under this subdivision.
(c) In addition to the other proofs required by this chapter, each claimant under this
subdivision shall file with the property tax refund return a copy of the property tax statement
for taxes payable in the preceding year or other documents required by the commissioner.
(d) Upon request, the appropriate county official shall make available the names and
addresses of the property taxpayers who may be eligible for the additional property tax
refund under this section. The information shall be provided on a magnetic computer
disk. The county may recover its costs by charging the person requesting the information
the reasonable cost for preparing the data. The information may not be used for any
purpose other than for notifying the homeowner of potential eligibility and assisting the
homeowner, without charge, in preparing a refund claim.
new text begin
This section is effective for refund claims based on taxes
payable in 2016 and thereafter.
new text end
Minnesota Statutes 2014, section 290B.03, subdivision 1, is amended to read:
The qualifications for the senior citizens'
property tax deferral program are as follows:
(1) the property must be owned and occupied as a homestead by a person 65 years of
age or older. In the case of a married couple, at least one of the spouses must be at least 65
years old at the time the first property tax deferral is granted, regardless of whether the
property is titled in the name of one spouse or both spouses, or titled in another way that
permits the property to have homestead status, and the other spouse must be at least 62
years of age;
(2) the total household income of the qualifying homeowners, as defined in section
290A.03, subdivision 5, for the calendar year preceding the year of the initial application
may not exceed $60,000;
(3) the homestead must have been owned and occupied as the homestead of at least
one of the qualifying homeowners for at least deleted text begin 15deleted text end new text begin fivenew text end years prior to the year the initial
application is filed;
(4) there are no state or federal tax liens or judgment liens on the homesteaded
property;
(5) there are no mortgages or other liens on the property that secure future advances,
except for those subject to credit limits that result in compliance with clause (6); and
(6) the total unpaid balances of debts secured by mortgages and other liens on the
property, including unpaid and delinquent special assessments and interest and any
delinquent property taxes, penalties, and interest, but not including property taxes payable
during the year, does not exceed 75 percent of the assessor's estimated market value for
the year.
new text begin
This section is effective for applications for deferral of taxes
payable in 2016 and thereafter.
new text end
Minnesota Statutes 2014, section 290B.04, subdivision 1, is amended to read:
(a) A taxpayer meeting the program
qualifications under section 290B.03 may apply to the commissioner of revenue for the
deferral of taxes. Applications are due on or before deleted text begin Julydeleted text end new text begin Novembernew text end 1 for deferral of any
of the following year's property taxes. A taxpayer may apply in the year in which the
taxpayer becomes 65 years old, provided that no deferral of property taxes will be made
until the calendar year after the taxpayer becomes 65 years old. The application, which
shall be prescribed by the commissioner of revenue, shall include the following items and
any other information which the commissioner deems necessary:
(1) the name, address, and Social Security number of the owner or owners;
(2) a copy of the property tax statement for the current payable year for the
homesteaded property;
(3) the initial year of ownership and occupancy as a homestead;
(4) the owner's household income for the previous calendar year; and
(5) information on any mortgage loans or other amounts secured by mortgages or
other liens against the property, for which purpose the commissioner may require the
applicant to provide a copy of the mortgage note, the mortgage, or a statement of the
balance owing on the mortgage loan provided by the mortgage holder. The commissioner
may require the appropriate documents in connection with obtaining and confirming
information on unpaid amounts secured by other liens.
The application must state that program participation is voluntary. The application
must also state that the deferred amount depends directly on the applicant's household
income, and that program participation includes authorization for the annual deferred
amount, the cumulative deferral and interest that appear on each year's notice prepared by
the county under subdivision 6, is public data.
The application must state that program participants may claim the property tax
refund based on the full amount of property taxes eligible for the refund, including any
deferred amounts. The application must also state that property tax refunds will be used to
offset any deferral and interest under this program, and that any other amounts subject to
revenue recapture under section 270A.03, subdivision 7, will also be used to offset any
deferral and interest under this program.
(b) As part of the initial application process, the commissioner may require the
applicant to obtain at the applicant's own cost and submit:
(1) if the property is registered property under chapter 508 or 508A, a copy of the
original certificate of title in the possession of the county registrar of titles (sometimes
referred to as "condition of register"); or
(2) if the property is abstract property, a report prepared by a licensed abstracter
showing the last deed and any unsatisfied mortgages, liens, judgments, and state and
federal tax lien notices which were recorded on or after the date of that last deed with
respect to the property or to the applicant.
The certificate or report under clauses (1) and (2) need not include references to
any documents filed or recorded more than 40 years prior to the date of the certification
or report. The certification or report must be as of a date not more than 30 days prior
to submission of the application.
The commissioner may also require the county recorder or county registrar of the
county where the property is located to provide copies of recorded documents related to
the applicant or the property, for which the recorder or registrar shall not charge a fee. The
commissioner may use any information available to determine or verify eligibility under
this section. The household income from the application is private data on individuals as
defined in section 13.02, subdivision 12.
new text begin
This section is effective for applications for deferral of taxes
payable in 2016 and thereafter.
new text end
Minnesota Statutes 2014, section 469.194, subdivision 1, is amended to read:
(a) The governing body of deleted text begin a
municipalitydeleted text end new text begin the city of Worthingtonnew text end may, by resolution, issue obligations under chapter
475 to acquire land or interests in land for, and to design, engineer, and construct pipeline
and other facilities and infrastructure necessary to complete the Lewis and Clark Regional
Water System Project.
(b) The maximum amount of bonds that may be issued under this section is limited to
deleted text begin an aggregatedeleted text end new text begin anew text end principal amount of deleted text begin $45,000,000deleted text end new text begin $50,000,000new text end , plus any costs of issuance and
amounts to be deposited into a debt service or reserve account. deleted text begin The Lewis and Clark Joint
Powers Board shall allocate the limit among the municipalities designated in subdivision 2.
deleted text end
new text begin
This section is effective the day following final enactment
without local approval under the provisions of Minnesota Statutes, section 645.023.
new text end
Minnesota Statutes 2014, section 473H.09, is amended to read:
Termination of an agricultural preserve earlier
than a date derived through application of section 473H.08 may be permitted deleted text begin onlydeleted text end in the
event of a public emergency upon petition from the owner or authority to the governor.
The determination of a public emergency shall be by the governor through executive order
pursuant to sections 4.035 and 12.01 to 12.46. The executive order shall identify the
preserve, the reasons requiring the action and the date of termination.
new text begin
(a) Within 180 days of the death of an owner, an owner's
spouse, or other qualifying person, the surviving owner may elect to terminate the
agricultural preserve and the covenant allowing the land to be enrolled as an agricultural
preserve by notifying the authority on a form provided by the commissioner of agriculture.
Termination of a covenant under this subdivision must be executed and acknowledged in
the manner required by law to execute and acknowledge a deed.
new text end
new text begin
(b) For purposes of this subdivision, the following definitions apply:
new text end
new text begin
(1) "qualifying person" includes a partner, shareholder, trustee for a trust that the
decedent was the settlor or a beneficiary of, or member of an entity permitted to own
agricultural land and engage in farming under section 500.24 that owned the agricultural
preserve; and
new text end
new text begin
(2) "surviving owner" includes the executor of the estate of the decedent, trustee for a
trust that the decedent was the settlor or a beneficiary of, or an entity permitted to own farm
land under section 500.24 of which the decedent was a partner, shareholder, or member.
new text end
new text begin
(c) When an agricultural preserve is terminated under this subdivision, the property
is subject to additional taxes in an amount equal to 50 percent of the taxes actually
levied against the property for the current taxes payable year. The additional taxes are
extended against the property on the tax list for taxes payable in the current year. The
additional taxes must be distributed among the jurisdictions levying taxes on the property
in proportion to the current year's taxes.
new text end
new text begin
This section is effective July 1, 2015.
new text end
Laws 1996, chapter 471, article 3, section 51, is amended to read:
Notwithstanding other law to the contrary, the
Carlton county board of commissioners may levy in and for the unorganized township of
Sawyer an amount up to deleted text begin $1,500deleted text end new text begin $2,000 new text end annually for recreational purposesdeleted text begin , beginning with
taxes payable in 1997 and ending with taxes payable in 2006deleted text end .
This section deleted text begin is effective June 1, 1996, without local
approvaldeleted text end new text begin applies to taxes payable in 2015 and thereafter, and is effective the day after the
Carlton County Board of Commissioners and its chief clerical officer timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3new text end .
new text begin
Notwithstanding any other law to the contrary, the commissioner of revenue, in
consultation with the Minnesota Association of Townships, shall offer not less than 12
in-person board of appeals and equalization course trainings in 2015 and in 2016.
new text end
new text begin
This section is effective June 1, 2015.
new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Building PIN" means a parcel identification number that is assigned to a
building and does not include the land upon which the building is located; and
new text end
new text begin
(c) "Land PIN" means a parcel identification number that is assigned to land upon
which a building associated with a building PIN is located.
new text end
new text begin
Notwithstanding any law to the contrary, if any building associated with a building PIN
and located in St. Louis County forfeits or has forfeited to the state of Minnesota before,
on, or after the date of enactment of this section because of nonpayment of delinquent
property taxes, special assessments, penalties, interest, or costs, the county auditor of St.
Louis County may, with approval from the county board and the commissioner of revenue:
new text end
new text begin
(1) cancel the certificate of forfeiture and set aside the forfeiture without reinstating
the unpaid property taxes, special assessments, penalties, interest, or costs; and
new text end
new text begin
(2) combine the building PIN with its associated land PIN. When this occurs, the
land PIN is the only surviving parcel identification number, and includes both the building
and the land upon which the building is located.
new text end
new text begin
Notwithstanding any law to the contrary, if the county auditor of St. Louis County cancels
a certificate of forfeiture and sets aside a forfeiture in accordance with subdivision 2,
the affected building is not subject to taxation from the date of forfeiture through the
date of cancellation.
new text end
new text begin
$1,000,000 in fiscal year 2016 only is appropriated from
the general fund to the commissioner of revenue for a grant to St. Louis County that shall
be paid on July 1, 2015. The county may only use the grant to remove any building,
upon the request of the landowner, after the county has complied with the provisions of
subdivision 2.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of agriculture and the commissioner of revenue shall conduct
a study and prepare a report on the possibility of valuing agricultural land in the state for
property tax purposes based on the value of agricultural commodities produced minus the
cost of agricultural production.
new text end
new text begin
(b) The study must, to the extent practicable under the appropriation and the time
available:
new text end
new text begin
(1) assess the availability and accuracy of data sources necessary to determine the
productivity of agricultural land, the prices of agricultural commodities, and the costs of
production, for all agricultural land across the state;
new text end
new text begin
(2) analyze the potential impacts on other types of properties and on local
governments if the state were to adopt a system valuing agricultural land based on
production value, including the impacts of any changes in state aids;
new text end
new text begin
(3) identify types of agricultural properties that are not directly used in agricultural
production, and propose approaches for valuing those properties within a production
value based system;
new text end
new text begin
(4) assign values to agricultural land based on the best currently available data, and
compare the resulting values to valuations currently used for property tax purposes; to the
extent possible, analyze what that relationship would be in years other than the study year;
new text end
new text begin
(5) analyze the potential volatility of land values under a production value based
system and propose approaches for reducing the effects of agricultural land value volatility
on other types of properties;
new text end
new text begin
(6) analyze the potential tax shifts between different types of agricultural properties
under a production value based system;
new text end
new text begin
(7) analyze and make recommendations for how a production value based system
would be administered in terms of the role of the Department of Revenue, county and
local assessors, and other agencies;
new text end
new text begin
(8) analyze how appeals of assessments by property owners would be handled
under a production value based system;
new text end
new text begin
(9) analyze how a production value based system would affect the green acres and
metropolitan agricultural preserves programs;
new text end
new text begin
(10) identify other states that have adopted production based valuation systems and
describe how they have been implemented, with special emphasis upon neighboring
states; and
new text end
new text begin
(11) identify possible alternative methods of valuing agricultural land in addition to
market value and production based agricultural land valuation.
new text end
new text begin
(c) The commissioners must seek input from the dean of the University of
Minnesota College of Food, Agricultural, and Natural Resource Sciences in the design
and implementation of the study.
new text end
new text begin
(d) The commissioners must request the involvement and participation of
stakeholders including groups representing assessors and groups representing agricultural
property owners.
new text end
new text begin
(e) The commissioners shall report the findings of the study to the committees of the
house of representatives and senate having jurisdiction over taxes by February 1, 2017,
and file the report as required by Minnesota Statutes, section 3.195.
new text end
new text begin
(f) $200,000 in fiscal year 2016 is appropriated from the general fund to the
commissioner of revenue for purposes of preparing the report under this section. This is a
onetime appropriation and is not added to the base.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) Notwithstanding the provisions of Laws 1988, chapter 516, and Laws 1988,
chapter 719, article 19, section 27, the town of Tofte may own and operate within its
boundary up to 12 units of housing for individuals over 55 years of age or families with
one member of the household that is over 55 year of age.
new text end
new text begin
(b) The town of Tofte shall have the powers of a city under Minnesota Statutes,
chapter 462C, and the powers of an authority under Minnesota Statutes, sections 469.001
to 469.047, with respect to this section. Upon the approval of the town board, the town of
Tofte may levy the tax described in Minnesota Statutes, section 469.033, subdivision 6.
new text end
new text begin
(c) Nothing in this section shall limit the power of the Cook County/Grand Marais
Joint Economic Development Authority to exercise jurisdiction within the town of Tofte.
The authority to undertake new projects under this section shall expire on June 30, 2016.
new text end
new text begin
This section is effective the day after compliance by
the governing body of the town of Tofte with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end
new text begin
$1,130,000 in fiscal year 2016 only is appropriated from the general fund to the
commissioner of revenue for a grant to Hennepin County. Of this amount, $880,000 must
be used for the North Branch Library EMERGE Career and Technology Center, and
$250,000 must be used for the Cedar Riverside Opportunity Center.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2014, section 272.02, subdivision 23,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2014, section 275.025, subdivision 4,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2014, section 469.194, subdivisions 2 and 4,
new text end
new text begin
are repealed.
new text end
new text begin
Paragraph (a) is effective for taxes payable in 2015.
Paragraph (b) is effective for taxes payable in 2016 and thereafter. Paragraph (c) is
effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 469.1763, subdivision 1, is amended to read:
(a) For purposes of this section, the following terms
have the meanings given.
(b) "Activities" means acquisition of property, clearing of land, site preparation, soils
correction, removal of hazardous waste or pollution, installation of utilities, construction
of public or private improvements, and other similar activities, but only to the extent that
tax increment revenues may be spent for such purposes under other law.
(c) "Third party" means an entity other than (1) the person receiving the benefit
of assistance financed with tax increments, or (2) the municipality or the development
authority or other person substantially under the control of the municipality.
(d) "Revenues derived from tax increments paid by properties in the district" means
only tax increment as defined in section 469.174, subdivision 25, clause (1), and does
not include tax increment as defined in section 469.174, subdivision 25, clauses (2)deleted text begin ,
(3), and (4)deleted text end new text begin to (5)new text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 469.1763, subdivision 2, is amended to read:
(a) For each tax increment financing
district, an amount equal to at least 75 percent of the total revenue derived from tax
increments paid by properties in the district must be expended on activities in the district
or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities
in the district or to pay, or secure payment of, debt service on credit enhanced bonds.
For districts, other than redevelopment districts for which the request for certification
was made after June 30, 1995, the in-district percentage for purposes of the preceding
sentence is 80 percent. Not more than 25 percent of the total revenue derived from tax
increments paid by properties in the district may be expended, through a development fund
or otherwise, on activities outside of the district but within the defined geographic area of
the project except to pay, or secure payment of, debt service on credit enhanced bonds.
For districts, other than redevelopment districts for which the request for certification was
made after June 30, 1995, the pooling percentage for purposes of the preceding sentence is
20 percent. The deleted text begin revenuedeleted text end new text begin revenuesnew text end derived from tax increments deleted text begin fordeleted text end new text begin paid by properties in
new text end the district that are expended on costs under section 469.176, subdivision 4h, paragraph
(b), may be deducted first before calculating the percentages that must be expended within
and without the district.
(b) In the case of a housing district, a housing project, as defined in section 469.174,
subdivision 11, is an activity in the district.
(c) All administrative expenses are for activities outside of the district, except that
if the only expenses for activities outside of the district under this subdivision are for
the purposes described in paragraph (d), administrative expenses will be considered as
expenditures for activities in the district.
(d) The authority may elect, in the tax increment financing plan for the district,
to increase by up to ten percentage points the permitted amount of expenditures for
activities located outside the geographic area of the district under paragraph (a). As
permitted by section 469.176, subdivision 4k, the expenditures, including the permitted
expenditures under paragraph (a), need not be made within the geographic area of the
project. Expenditures that meet the requirements of this paragraph are legally permitted
expenditures of the district, notwithstanding section 469.176, subdivisions 4b, 4c, and 4j.
To qualify for the increase under this paragraph, the expenditures must:
(1) be used exclusively to assist housing that meets the requirement for a qualified
low-income building, as that term is used in section 42 of the Internal Revenue Code; and
(2) not exceed the qualified basis of the housing, as defined under section 42(c) of
the Internal Revenue Code, less the amount of any credit allowed under section 42 of
the Internal Revenue Code; and
(3) be used to:
(i) acquire and prepare the site of the housing;
(ii) acquire, construct, or rehabilitate the housing; or
(iii) make public improvements directly related to the housing; or
(4) be used to develop housing:
(i) if the market value of the housing does not exceed the lesser of:
(A) 150 percent of the average market value of single-family homes in that
municipality; or
(B) $200,000 for municipalities located in the metropolitan area, as defined in
section 473.121, or $125,000 for all other municipalities; and
(ii) if the expenditures are used to pay the cost of site acquisition, relocation,
demolition of existing structures, site preparation, and pollution abatement on one or
more parcels, if the parcel contains a residence containing one to four family dwelling
units that has been vacant for six or more months and is in foreclosure as defined in
section 325N.10, subdivision 7, but without regard to whether the residence is the owner's
principal residence, and only after the redemption period has expired.
(e) For a district created within a biotechnology and health sciences industry zone
as defined in Minnesota Statutes 2012, section 469.330, subdivision 6, or for an existing
district located within such a zone, tax increment derived from such a district may be
expended outside of the district but within the zone only for expenditures required for the
construction of public infrastructure necessary to support the activities of the zone, land
acquisition, and other redevelopment costs as defined in section 469.176, subdivision 4j.
These expenditures are considered as expenditures for activities within the district. The
authority provided by this paragraph expires for expenditures made after the later of (1)
December 31, 2015, or (2) the end of the five-year period beginning on the date the district
was certified, provided that date was before January 1, 2016.
(f) The authority under paragraph (d), clause (4), expires on December 31, 2016.
Increments may continue to be expended under this authority after that date, if they are
used to pay bonds or binding contracts that would qualify under subdivision 3, paragraph
(a), if December 31, 2016, is considered to be the last date of the five-year period after
certification under that provision.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 469.1763, subdivision 3, is amended to read:
(a) Revenues derived from tax increments new text begin paid by
properties in the district new text end are considered to have been expended on an activity within the
district under subdivision 2 only if one of the following occurs:
(1) before or within five years after certification of the district, the revenues are
actually paid to a third party with respect to the activity;
(2) bonds, the proceeds of which must be used to finance the activity, are issued and
sold to a third party before or within five years after certification, the revenues are spent
to repay the bonds, and the proceeds of the bonds either are, on the date of issuance,
reasonably expected to be spent before the end of the later of (i) the five-year period, or
(ii) a reasonable temporary period within the meaning of the use of that term under section
148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve
or replacement fund;
(3) binding contracts with a third party are entered into for performance of the
activity before or within five years after certification of the district and the revenues are
spent under the contractual obligation;
(4) costs with respect to the activity are paid before or within five years after
certification of the district and the revenues are spent to reimburse a party for payment
of the costs, including interest on unreimbursed costs; or
(5) expenditures are made for housing purposes as permitted by subdivision 2,
paragraphs (b) and (d), or for public infrastructure purposes within a zone as permitted
by subdivision 2, paragraph (e).
(b) For purposes of this subdivision, bonds include subsequent refunding bonds if
the original refunded bonds meet the requirements of paragraph (a), clause (2).
(c) For a redevelopment district or a renewal and renovation district certified after
June 30, 2003, and before April 20, 2009, the five-year periods described in paragraph (a)
are extended to ten years after certification of the district. For a redevelopment district
certified after April 20, 2009, and before June 30, 2012, the five-year periods described in
paragraph (a) are extended to eight years after certification of the district. This extension is
provided primarily to accommodate delays in development activities due to unanticipated
economic circumstances.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2014, section 469.178, subdivision 7, is amended to read:
new text begin (a) new text end The authority or municipality may advance or loan
money to finance expenditures under section 469.176, subdivision 4, from its general fund
or any other fund under which it has legal authority to do so.
new text begin (b) Not later than 60 days after money is transferred, advanced, or spent, whichever
is earliest,new text end the loan or advance must be authorizeddeleted text begin ,deleted text end by resolution of the governing body or
of the authority, whichever has jurisdiction over the fund from which the advance or loan
is authorizeddeleted text begin , before money is transferred, advanced, or spent, whichever is earliestdeleted text end .
new text begin (c)new text end The resolution may generally grant to new text begin the municipality or new text end the authority the power
to make interfund loans under one or more tax increment financing plans or for one or
more districts.new text begin The resolution may be adopted before or after the adoption of the tax
increment financing plan or the creation of the tax increment financing district from which
the advance or loan is to be repaid.
new text end
new text begin (d) new text end The terms and conditions for repayment of the loan must be provided in
writing deleted text begin anddeleted text end new text begin . The written terms and conditions may be in any form, but mustnew text end include, at
a minimum, the principal amount, the interest rate, and maximum term.new text begin Written terms
may be modified or amended in writing by the municipality or the authority before the
latest decertification of the tax increment financing district from which the interfund loan
will be paid.new text end The maximum rate of interest permitted to be charged is limited to the
greater of the rates specified under section 270C.40 or 549.09 as of the date the loan or
advance is authorized, unless the written agreement states that the maximum interest rate
will fluctuate as the interest rates specified under section 270C.40 or 549.09 are from time
to time adjusted.new text begin Loans or advances may be structured as draw-down or line-of-credit
obligations of the lending fund.
new text end
new text begin
(e) The authority shall report in the annual report submitted pursuant to section
469.175, subdivision 6:
new text end
new text begin
(1) the amount of any interfund loan or advance made in a calendar year; and
new text end
new text begin
(2) any amendment of an interfund loan or advance made in a calendar year.
new text end
new text begin
This section is effective the day following final enactment
and applies to all districts, regardless of when the request for certification was made.
new text end
new text begin
Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision
1b, or any other law to the contrary, the city of Coon Rapids may collect tax increment
from District 6-1 Port Riverwalk through December 31, 2038.
new text end
new text begin
This section is effective upon compliance by the governing
bodies of the city of Coon Rapids, Anoka County, and Independent School District No.
11 with the requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and
645.021, subdivision 3.
new text end
new text begin
The requirement of Minnesota Statutes, section 469.1763, subdivision 3, that
activities must be undertaken within a five-year period from the date of certification of a
tax increment financing district, are considered to be met for Tax Increment Financing
District No. 1-12 (Gateway North), administered by the Cottage Grove Economic
Development Authority, if the activities are undertaken prior to January 1, 2017.
new text end
new text begin
This section is effective upon compliance by the chief clerical
officer of the governing body of the city of Cottage Grove with the requirements of
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 469.176, subdivision 1b, or any other
law to the contrary, the city of Richfield and the Housing and Redevelopment Authority in
and for the city of Richfield may elect to extend the duration limit of the redevelopment
tax increment financing district known as the Cedar Avenue Tax Increment Financing
District established by Laws 2005, chapter 152, article 2, section 25, by ten years.
new text end
new text begin
This section is effective upon compliance by the city
of Richfield, Hennepin County, and Independent School District No. 280 with the
requirements of Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021,
subdivisions 2 and 3.
new text end
new text begin
Under the special rules in subdivision 2, the
housing and redevelopment authority of the city of St. Paul may establish one or
more redevelopment tax increment financing districts located wholly within the area
of the former Ford Motor Company plant properties, consisting of two tax parcels,
17-28-23-31-0001 and 17-28-23-13-0002, and adjacent roads and rights-of-way.
new text end
new text begin
(a) If the authority establishes any tax increment district
under this section, the following special rules apply:
new text end
new text begin
(1) the districts are deemed to meet all the requirements of Minnesota Statutes,
section 469.174, subdivision 10;
new text end
new text begin
(2) any expenditure for, or payment of bonds issued to finance, activities within the
area described in subdivision 1 is not subject to the restrictions under Minnesota Statutes,
section 469.1763, for any district established under this section, except that expenditures
for activities outside the area defined in subdivision 1 are subject to the percentage limits
under Minnesota Statutes, section 469.1763, subdivision 2, paragraph (a); and
new text end
new text begin
(3) Minnesota Statutes, section 469.176, subdivision 4j, does not apply.
new text end
new text begin
(b) Except as otherwise provided in paragraph (a), the provisions of Minnesota
Statutes, sections 469.174 to 469.1794, apply to districts established under this section.
new text end
new text begin
The authority to request certification of districts under this
section expires June 30, 2020, unless the city has requested certification of at least one
district by that date. The authority to request certification of any district under this section
expires June 30, 2030.
new text end
new text begin
This section is effective upon approval by the governing
body of the city of St. Paul and compliance with the requirements of Minnesota Statutes,
section 645.021.
new text end
Minnesota Statutes 2014, section 289A.20, subdivision 4, is amended to read:
(a) The taxes imposed by chapter 297A are due and
payable to the commissioner monthly on or before the 20th day of the month following the
month in which the taxable event occurred, or following another reporting period as the
commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph
(f) or (g), except that use taxes due on an annual use tax return as provided under section
289A.11, subdivision 1, are payable by April 15 following the close of the calendar year.
(b) A vendor having a liability of $250,000 or more during a fiscal year ending June
30 must remit the June liability for the next year in the following manner:
(1) Two business days before June 30 of the year, the vendor must remit deleted text begin 81.4deleted text end new text begin 80
new text end percent of the estimated June liability to the commissioner.
(2) On or before August 20 of the year, the vendor must pay any additional amount
of tax not remitted in June.
(c) A vendor having a liability of:
(1) $10,000 or more, but less than $250,000 during a fiscal year ending June 30,
2013, and fiscal years thereafter, must remit by electronic means all liabilities on returns
due for periods beginning in all subsequent calendar years on or before the 20th day of
the month following the month in which the taxable event occurred, or on or before the
20th day of the month following the month in which the sale is reported under section
289A.18, subdivision 4; or
(2) $250,000 or more, during a fiscal year ending June 30, 2013, and fiscal years
thereafter, must remit by electronic means all liabilities in the manner provided in
paragraph (a) on returns due for periods beginning in the subsequent calendar year, except
for deleted text begin 81.4deleted text end new text begin 80new text end percent of the estimated June liability, which is due two business days before
June 30. The remaining amount of the June liability is due on August 20.
(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
religious beliefs from paying electronically shall be allowed to remit the payment by mail.
The filer must notify the commissioner of revenue of the intent to pay by mail before
doing so on a form prescribed by the commissioner. No extra fee may be charged to a
person making payment by mail under this paragraph. The payment must be postmarked
at least two business days before the due date for making the payment in order to be
considered paid on a timely basis.
new text begin
This section is effective for taxes due and payable after
July 1, 2015.
new text end
Minnesota Statutes 2014, section 289A.60, subdivision 15, is amended to read:
For payments made after December 31, 2013, if a vendor is required by
law to submit an estimation of June sales tax liabilities and deleted text begin 81.4deleted text end new text begin 80new text end percent payment by a
certain date, the vendor shall pay a penalty equal to ten percent of the amount of actual
June liability required to be paid in June less the amount remitted in June. The penalty
must not be imposed, however, if the amount remitted in June equals the lesser of deleted text begin 81.4
deleted text end new text begin 80 new text end percent of the preceding May's liability or deleted text begin 81.4deleted text end new text begin 80new text end percent of the average monthly
liability for the previous calendar year.
new text begin
This section is effective for taxes due and payable after
July 1, 2015.
new text end
Minnesota Statutes 2014, section 297A.62, subdivision 3, is amended to read:
new text begin (a) new text end For
retail sales of manufactured homes as defined in section 327.31, subdivision 6, for
residential uses, the sales tax under subdivisions 1 and 1a is imposed on 65 percent of the
dealer's cost of the manufactured home. For retail sales of new or used park trailers, as
defined in section 168.002, subdivision 23, the sales tax under subdivisions 1 and 1a is
imposed on 65 percent of the sales price of the park trailer.
new text begin
(b) For retail sales of a modular home, as defined in section 297A.668, subdivision
8, paragraph (b), for residential use, the sales tax under subdivisions 1 and 1a is imposed
on 65 percent of the dealer's cost of the modular home.
new text end
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.67, subdivision 7a, is amended to read:
Accessories and supplies required for the
effective use of durable medical equipment for home use only or purchased in a transaction
covered by Medicare deleted text begin ordeleted text end new text begin ,new text end Medicaid,new text begin or other health insurance plan,new text end that are not already
exempt under subdivision 7, are exempt. Accessories and supplies for the effective use
of a prosthetic device, that are not already exempt under subdivision 7, are exempt.
For purposes of this subdivision "durable medical equipment," "prosthetic device,"
"Medicare," and "Medicaid" have the definitions given in subdivision 7deleted text begin .deleted text end new text begin , and "other health
insurance plan" means a health plan defined in section 62A.011, subdivision 3, or 62V.02,
subdivision 4, or a qualified health plan defined in section 62A.011, subdivision 7.
new text end
new text begin
This section is effective retroactively for sales and purchases
made after April 1, 2009. Any vendor who paid sales or use tax on accessories and
supplies purchased in a transaction covered by a health insurance plan defined in
Minnesota Statutes, section 62A.011, subdivision 3, or 62V.02, subdivision 4, or a
qualified health plan defined in Minnesota Statutes, section 62A.011, subdivision 7, that
are not already exempt under Minnesota Statutes, section 297A.67, subdivision 7, and
that were sold after April 1, 2009, and before July 1, 2015, may apply for a refund of the
sales or use tax paid in the manner provided in Minnesota Statutes, section 289A.50,
subdivision 1, but only if the vendor did not collect and remit sales tax on the accessories
and supplies for which a refund is claimed. Interest on the refund shall be paid at the rate
in Minnesota Statutes, section 270C.405, from 90 days after the refund claim is filed with
the commissioner of revenue. The amount to make the refunds is annually appropriated
to the commissioner of revenue from the general fund. Refunds must not be filed until
after June 30, 2015. Notwithstanding limitations on claims for refunds under Minnesota
Statutes, section 289A.40, claims may be filed with the commissioner until June 30, 2016.
new text end
Minnesota Statutes 2014, section 297A.67, is amended by adding a subdivision
to read:
new text begin
(a) Sales of precious metal bullion by registered
dealers under section 80G.02 that are required to be reported under Internal Revenue
Service revenue procedure 92-103 are exempt. For purposes of this subdivision, "precious
metal bullion" means bullion that would qualify for the exception for certain coins and
bullion under section 408(m)(3) of the Internal Revenue Code of 1986 as amended
through December 31, 2014. "Precious metal bullion" does not include jewelry, certified
or graded coins, numismatic coins, or works of art.
new text end
new text begin
(b) The intent of this subdivision is to afford the sale of precious metal bullion
similar treatment as afforded the sale of stock, bullion exchange traded funds, bonds,
and other investment instruments.
new text end
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.67, is amended by adding a subdivision
to read:
new text begin
The sale of an infant or child car seat, including a booster seat,
that meets the requirements of a child passenger restraint system under motor vehicle
safety standards established by the United States Department of Transportation is exempt.
new text end
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.68, subdivision 5, is amended to read:
(a) Capital equipment is exempt. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1, applied, and
then refunded in the manner provided in section 297A.75.
"Capital equipment" means machinery and equipment purchased or leased, and used
in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining,
or refining tangible personal property to be sold ultimately at retail if the machinery and
equipment are essential to the integrated production process of manufacturing, fabricating,
mining, or refining. Capital equipment also includes machinery and equipment
used primarily to electronically transmit results retrieved by a customer of an online
computerized data retrieval system.
(b) Capital equipment includes, but is not limited to:
(1) machinery and equipment used to operate, control, or regulate the production
equipment;
(2) machinery and equipment used for research and development, design, quality
control, and testing activities;
(3) environmental control devices that are used to maintain conditions such as
temperature, humidity, light, or air pressure when those conditions are essential to and are
part of the production process;
(4) materials and supplies used to construct and install machinery or equipment;
(5) repair and replacement parts, including accessories, whether purchased as spare
parts, repair parts, or as upgrades or modifications to machinery or equipment;
(6) materials used for foundations that support machinery or equipment;
(7) materials used to construct and install special purpose buildings used in the
production process;
(8) ready-mixed concrete equipment in which the ready-mixed concrete is mixed
as part of the delivery process regardless if mounted on a chassis, repair parts for
ready-mixed concrete trucks, and leases of ready-mixed concrete trucks; and
(9) machinery or equipment used for research, development, design, or production
of computer software.
(c) Capital equipment does not include the following:
(1) motor vehicles taxed under chapter 297B;
(2) machinery or equipment used to receive or store raw materials;
(3) building materials, except for materials included in paragraph (b), clauses (6)
and (7);
(4) machinery or equipment used for nonproduction purposes, including, but not
limited to, the following: plant security, fire prevention, first aid, and hospital stations;
support operations or administration; pollution control; and plant cleaning, disposal of
scrap and waste, plant communications, space heating, cooling, lighting, or safety;
(5) farm machinery and aquaculture production equipment as defined by section
297A.61, subdivisions 12 and 13;
(6) machinery or equipment purchased and installed by a contractor as part of an
improvement to real property;
(7) machinery and equipment used by restaurants in the furnishing, preparing, or
serving of prepared foods as defined in section 297A.61, subdivision 31;
(8) machinery and equipment used to furnish the services listed in section 297A.61,
subdivision 3, paragraph (g), clause (6), items (i) to (vi) and (viii);
(9) machinery or equipment used in the transportation, transmission, or distribution
of petroleum, liquefied gas, natural gas, water, or steam, in, by, or through pipes, lines,
tanks, mains, or other means of transporting those products. This clause does not apply to
machinery or equipment used to blend petroleum or biodiesel fuel as defined in section
239.77; or
(10) any other item that is not essential to the integrated process of manufacturing,
fabricating, mining, or refining.
(d) For purposes of this subdivision:
(1) "Equipment" means independent devices or tools separate from machinery but
essential to an integrated production process, including computers and computer software,
used in operating, controlling, or regulating machinery and equipment; and any subunit or
assembly comprising a component of any machinery or accessory or attachment parts of
machinery, such as tools, dies, jigs, patterns, and molds.
(2) "Fabricating" means to make, build, create, produce, or assemble components or
property to work in a new or different manner.
(3) "Integrated production process" means a process or series of operations through
which tangible personal property is manufactured, fabricated, mined, or refined. For
purposes of this clause, (i) manufacturing begins with the removal of raw materials
from inventory and ends when the last process prior to loading for shipment has been
completed; (ii) fabricating begins with the removal from storage or inventory of the
property to be assembled, processed, altered, or modified and ends with the creation
or production of the new or changed product; (iii) mining begins with the removal of
overburden from the site of the ores, minerals, stone, peat deposit, or surface materials and
ends when the last process before stockpiling is completed; and (iv) refining begins with
the removal from inventory or storage of a natural resource and ends with the conversion
of the item to its completed form.
(4) "Machinery" means mechanical, electronic, or electrical devices, including
computers and computer software, that are purchased or constructed to be used for the
activities set forth in paragraph (a), beginning with the removal of raw materials from
inventory through completion of the product, including packaging of the product.
(5) "Machinery and equipment used for pollution control" means machinery and
equipment used solely to eliminate, prevent, or reduce pollution resulting from an activity
described in paragraph (a).
(6) "Manufacturing" means an operation or series of operations where raw materials
are changed in form, composition, or condition by machinery and equipment and which
results in the production of a new article of tangible personal property. For purposes of
this subdivision, "manufacturing" includes the generation of electricity or steam to be
sold at retail.
(7) "Mining" means the extraction of minerals, ores, stone, or peat.
(8) "Online data retrieval system" means a system whose cumulation of information
is equally available and accessible to all its customers.
(9) "Primarily" means machinery and equipment used 50 percent or more of the time
in an activity described in paragraph (a).
(10) "Refining" means the process of converting a natural resource to an intermediate
or finished product, including the treatment of water to be sold at retail.
(11) This subdivision does not apply to telecommunications equipment as provided
in subdivision 35a, and does not apply to wire, cable, deleted text begin fiber,deleted text end new text begin or new text end poles, deleted text begin or conduitdeleted text end for
telecommunications services.
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.68, subdivision 35a, is amended to read:
(a) Telecommunications or pay television services machinery and equipment
purchased or leased for use directly by a telecommunications or pay television services
provider primarily in the provision of telecommunications or pay television services
that are ultimately to be sold at retail are exempt, regardless of whether purchased by
the owner, a contractor, or a subcontractor.
(b) For purposes of this subdivision, "telecommunications or pay television
machinery and equipment" includes, but is not limited to:
(1) machinery, equipment, and fixtures utilized in receiving, initiating,
amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications or pay television services, such as computers, transformers, amplifiers,
routers, bridges, repeaters, multiplexers, and other items performing comparable functions;
(2) machinery, equipment, and fixtures used in the transportation of
telecommunications or pay television services, such as radio transmitters and receivers,
satellite equipment, microwave equipment, and other transporting media, deleted text begin but not wire,
cable,deleted text end new text begin includingnew text end fiberdeleted text begin , poles, ordeleted text end new text begin andnew text end conduitnew text begin , but not including wire, cable, or polesnew text end ;
(3) ancillary machinery, equipment, and fixtures that regulate, control, protect, or
enable the machinery in clauses (1) and (2) to accomplish its intended function, such as
auxiliary power supply, test equipment, towers, heating, ventilating, and air conditioning
equipment necessary to the operation of the telecommunications or pay television
equipment; and software necessary to the operation of the telecommunications or pay
television equipment; and
(4) repair and replacement parts, including accessories, whether purchased as spare
parts, repair parts, or as upgrades or modifications to qualified machinery or equipment.
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.70, subdivision 4, is amended to read:
(a) All sales, except those listed in paragraph
deleted text begin (b)deleted text end new text begin (c)new text end , to deleted text begin the followingdeleted text end "nonprofit organizations" are exemptnew text begin if the item purchased is
used in the performance of their exempt function. The exemptions under this paragraph
do not apply tonew text end :
(1) deleted text begin a corporation, society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational purposes if the item
purchased is used in the performance of charitable, religious, or educational functions;
anddeleted text end new text begin veterans groups under subdivision 5;
new text end
(2) deleted text begin any senior citizen group or association of groups that:deleted text end new text begin hospitals, outpatient
surgical centers, and critical access dental providers under subdivision 7, paragraphs (a)
to (c), (e), and (f);
new text end
deleted text begin
(i) in general limits membership to persons who are either age 55 or older, or
physically disabled;
deleted text end
deleted text begin
(ii) is organized and operated exclusively for pleasure, recreation, and other
nonprofit purposes, not including housing, no part of the net earnings of which inures to
the benefit of any private shareholders; and
deleted text end
deleted text begin
(iii) is an exempt organization under section 501(c) of the Internal Revenue Code.
deleted text end
new text begin
(3) products and services under subdivision 7, paragraph (d);
new text end
new text begin
(4) nursing homes and boarding care homes under subdivision 18; or
new text end
new text begin
(5) a nonprofit organization authorized under section 465.717.
new text end
new text begin (b) new text end For purposes of this subdivision, deleted text begin charitable purpose includes the maintenance of
a cemetery owned by a religious organization.deleted text end new text begin "nonprofit organization" means:
new text end
new text begin
(1) an organization that has a current federal determination letter stating that the
nonprofit organization qualifies as an exempt organization under section 501(c)(3) of the
Internal Revenue Code and has obtained a Minnesota tax identification number from the
Department of Revenue under section 297A.83; or
new text end
new text begin
(2) any senior citizen group or association of groups that:
new text end
new text begin
(i) in general, limits membership to persons who are either age 55 or older or
physically disabled;
new text end
new text begin
(ii) is organized and operated exclusively for pleasure, recreation, and other
nonprofit purposes, not including housing, no part of the net earnings of which inures to
the benefit of any private shareholders; and
new text end
new text begin
(iii) is an exempt organization under section 501(c) of the Internal Revenue Code.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end This exemption does not apply to the following sales:
(1) building, construction, or reconstruction materials purchased by a contractor
or a subcontractor as a part of a lump-sum contract or similar type of contract with a
guaranteed maximum price covering both labor and materials for use in the construction,
alteration, or repair of a building or facility;
(2) construction materials purchased by tax-exempt entities or their contractors to
be used in constructing buildings or facilities that will not be used principally by the
tax-exempt entities;
(3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause
(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section
297A.67, subdivision 2, except wine purchased by an established religious organization
for sacramental purposes or as allowed under subdivision 9a; and
(4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except
as provided in paragraph deleted text begin (c)deleted text end new text begin (d)new text end .
deleted text begin (c)deleted text end new text begin (d)new text end This exemption applies to the leasing of a motor vehicle as defined in section
297B.01, subdivision 11, only if the vehicle is:
(1) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a
passenger automobile, as defined in section 168.002, if the automobile is designed and
used for carrying more than nine persons including the driver; and
(2) intended to be used primarily to transport tangible personal property or
individuals, other than employees, to whom the organization provides service in
performing its charitable, religious, or educational purpose.
deleted text begin (d)deleted text end new text begin (e)new text end A limited liability company also qualifies for exemption under this
subdivision if (1) it consists of a sole member that would qualify for the exemption, and
(2) the items purchased qualify for the exemption.
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.70, subdivision 14, is amended to read:
(a) Sales of
tangible personal property or services at, and admission charges for fund-raising events
sponsored by, a nonprofit organization are exempt if:
(1) all gross receipts are recorded as such, in accordance with generally accepted
accounting practices, on the books of the nonprofit organization; and
(2) the entire proceeds, less the necessary expenses for the event, will be used solely
and exclusively for charitable, religious, or educational purposes. Exempt sales include
the sale of prepared food, candy, and soft drinks at the fund-raising event.
(b) This exemption is limited in the following manner:
(1) it does not apply to admission charges for events involving bingo or other
gambling activities or to charges for use of amusement devices involving bingo or other
gambling activities;
(2) all gross receipts are taxable if the profits are not used solely and exclusively for
charitable, religious, or educational purposes;
(3) it does not apply unless the organization keeps a separate accounting record,
including receipts and disbursements from each fund-raising event that documents all
deductions from gross receipts with receipts and other records;
(4) it does not apply to any sale made by or in the name of a nonprofit corporation as
the active or passive agent of a person that is not a nonprofit corporation;
(5) all gross receipts are taxable if fund-raising events exceed 24 days per year;
(6) it does not apply to fund-raising events conducted on premises leased for more
than deleted text begin fivedeleted text end new text begin tennew text end days but less than 30 days; and
(7) it does not apply if the risk of the event is not borne by the nonprofit organization
and the benefit to the nonprofit organization is less than the total amount of the state and
local tax revenues forgone by this exemption.
(c) For purposes of this subdivision, a "nonprofit organization" means any unit of
government, corporation, society, association, foundation, or institution organized and
operated for charitable, religious, educational, civic, fraternal, and senior citizens' or
veterans' purposes, no part of the net earnings of which inures to the benefit of a private
individual.
(d) For purposes of this subdivision, "fund-raising events" means activities of
limited duration, not regularly carried out in the normal course of business, that attract
patrons for community, social, and entertainment purposes, such as auctions, bake sales,
ice cream socials, block parties, carnivals, competitions, concerts, concession stands,
craft sales, bazaars, dinners, dances, door-to-door sales of merchandise, fairs, fashion
shows, festivals, galas, special event workshops, sporting activities such as marathons and
tournaments, and similar events. Fund-raising events do not include the operation of a
regular place of business in which services are provided or sales are made during regular
hours such as bookstores, thrift stores, gift shops, restaurants, ongoing Internet sales,
regularly scheduled classes, or other activities carried out in the normal course of business.
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297A.70, is amended by adding a
subdivision to read:
new text begin
Sales of animals by a nonprofit animal shelter are
exempt. For purposes of this subdivision, the term "nonprofit animal shelter" means
a nonprofit organization that is exempt under section 297A.70, subdivision 4, and is
engaged in the business of rescuing, sheltering, and finding homes for unwanted animals.
new text end
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 297F.05, subdivision 3, is amended to read:
(a) Except as provided in new text begin paragraphs (b) and (c)
and new text end subdivision 3a, a tax is imposed upon all tobacco products in this state and upon any
person engaged in business as a distributor, at the rate of 95 percent of the wholesale sales
price of the tobacco products. The tax is imposed at the time the distributor:
(1) brings, or causes to be brought, into this state from outside the state tobacco
products for sale;
(2) makes, manufactures, or fabricates tobacco products in this state for sale in
this state; or
(3) ships or transports tobacco products to retailers in this state, to be sold by those
retailers.
(b) deleted text begin Notwithstanding paragraph (a),deleted text end A deleted text begin minimumdeleted text end tax equal to the new text begin greater of the tax
imposed under paragraph (a) or a minimum tax equal to the new text end rate imposed on a pack of
20 cigarettes weighing not more than three pounds per thousand, as established under
subdivision 1, is imposed on each container of moist snuffnew text begin weighing not more than 1.2
ounces. When more than one container subject to tax under this clause is packaged
together, each container is subject to the minimum tax.
new text end
new text begin (c) Except as provided in paragraph (b), a tax equal to the greater of the tax imposed
under paragraph (a) or a minimum tax equal to the rate imposed on a pack of 20 cigarettes
weighing not more than three pounds per thousand, as established under subdivision 1,
times the number of ounces of moist snuff in the container, divided by 1.2, is imposed on
each container of moist snuff weighing more than 1.2 ouncesnew text end .
For purposes of this subdivision, a "container" means deleted text begin the smallestdeleted text end new text begin anew text end consumer-size can,
package, or other container that is marketed or packaged deleted text begin by the manufacturer, distributor,
or retailerdeleted text end for deleted text begin separatedeleted text end sale to a retail purchaser. deleted text begin When more than one container is
packaged together, each container is subject to tax.
deleted text end
new text begin
This section is effective July 1, 2015.
new text end
Minnesota Statutes 2014, section 297F.09, subdivision 10, is amended to read:
A cigarette or tobacco products distributor having a liability of $250,000 or more during a
fiscal year ending June 30, shall remit the June liability for the next year in the following
manner:
(a) Two business days before June 30 of the year, the distributor shall remit the
actual May liability and deleted text begin 81.4deleted text end new text begin 80new text end percent of the estimated June liability to the commissioner
and file the return in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the distributor shall submit a return showing
the actual June liability and pay any additional amount of tax not remitted in June. A
penalty is imposed equal to ten percent of the amount of June liability required to be paid
in June, less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) deleted text begin 81.4deleted text end new text begin 80new text end percent of the actual June liability; or
(2) deleted text begin 81.4deleted text end new text begin 80new text end percent of the preceding May liability.
new text begin
This section is effective for taxes due and payable after
July 1, 2015.
new text end
Minnesota Statutes 2014, section 297G.09, subdivision 9, is amended to read:
A person liable for tax under this
chapter having a liability of $250,000 or more during a fiscal year ending June 30, shall
remit the June liability for the next year in the following manner:
(a) Two business days before June 30 of the year, the taxpayer shall remit the actual
May liability and deleted text begin 81.4deleted text end new text begin 80new text end percent of the estimated June liability to the commissioner and
file the return in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the taxpayer shall submit a return showing
the actual June liability and pay any additional amount of tax not remitted in June. A
penalty is imposed equal to ten percent of the amount of June liability required to be paid
in June less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) deleted text begin 81.4deleted text end new text begin 80new text end percent of the actual June liability; or
(2) deleted text begin 81.4deleted text end new text begin 80new text end percent of the preceding May liability.
new text begin
This section is effective for taxes due and payable after
July 1, 2015.
new text end
Minnesota Statutes 2014, section 297H.04, subdivision 2, is amended to read:
(a) Commercial generators that generate nonmixed municipal
solid waste shall pay a solid waste management tax of 60 cents per noncompacted
cubic yard of periodic waste collection capacity purchased by the generator, based on
the size of the container for the nonmixed municipal solid waste, the actual volume,
or the weight-to-volume conversion schedule in paragraph (c). However, the tax must
be calculated by the waste management service provider using the same method for
calculating the waste management service fee so that both are calculated according to
container capacity, actual volume, or weight.
(b) Notwithstanding section 297H.02, a residential generator that generates
nonmixed municipal solid waste shall pay a solid waste management tax in the same
manner as provided in paragraph (a).
(c) The weight-to-volume conversion schedule for:
(1) construction debris as defined in section 115A.03, subdivision 7, is deleted text begin one ton
equals 3.33 cubic yards, or $2 per tondeleted text end new text begin equal to 60 cents per cubic yard. The commissioner
of revenue, after consultation with the commissioner of the Pollution Control Agency,
shall determine and may publish by notice a conversion schedule for construction debrisnew text end ;
(2) industrial waste as defined in section 115A.03, subdivision 13a, is equal to
60 cents per cubic yard. The commissioner of revenue after consultation with the
commissioner of the Pollution Control Agency, shall determine, and may publish by
notice, a conversion schedule for various industrial wastes; and
(3) infectious waste as defined in section 116.76, subdivision 12, and pathological
waste as defined in section 116.76, subdivision 14, is 150 pounds equals one cubic yard, or
60 cents per 150 pounds.
new text begin
This section is effective for sales and purchases made after
June 30, 2015.
new text end
Minnesota Statutes 2014, section 469.190, subdivision 1, is amended to read:
Notwithstanding section 477A.016 or any other law,
a statutory or home rule charter city may by ordinance, and a town may by the affirmative
vote of the electors at the annual town meeting, or at a special town meeting, impose a
tax of up to three percent on the gross receipts from the furnishing for consideration of
lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or
leasing of it for a continuous period of 30 days or more. A statutory or home rule charter
city may by ordinance impose the tax authorized under this subdivision on the camping
site receipts of a municipal campground.new text begin Regardless of whether the tax is collected locally
or by the state, a tax imposed under this subdivision or under a special law applies to
the entire consideration paid to obtain access to lodging, including ancillary or related
services, such as services provided by accommodation intermediaries as defined in section
297A.61, and similar services.
new text end
new text begin
This section is effective the day following final enactment. In
enacting this section, the legislature confirms that Minnesota Statutes, section 469.190, its
predecessor provisions, and any special laws authorizing political subdivisions to impose
lodging taxes, were and are intended to apply to the entire consideration paid to obtain
access to lodging, including ancillary or related services, such as services provided by
accommodation intermediaries as defined in Minnesota Statutes, section 297A.61, and
similar services. The provisions of this section must not be interpreted to imply a narrower
construction of the tax base under lodging tax provisions of Minnesota law prior to the
enactment of this section.
new text end
Minnesota Statutes 2014, section 469.190, subdivision 7, is amended to read:
new text begin (a) new text end The statutory or home rule charter city may agree with the
commissioner of revenue that a tax imposed pursuant to this section shall be collected
by the commissioner together with the tax imposed by chapter 297A, and subject to the
same interest, penalties, and other rules and that its proceeds, less the cost of collection,
shall be remitted to the city.
new text begin
(b) If a tax under this section or under a special law is not collected by the
commissioner of revenue, the local government imposing the tax may by ordinance limit
the required filing and remittance of the tax by an accommodation intermediary, as
defined in section 297A.61, subdivision 47, to once in every calendar year. The local
government must inform the accommodation intermediary of the date when the return
or remittance is due and the dates must coincide with one of the monthly dates for filing
and remitting state sales tax under chapter 297A. The local government must also provide
accommodation intermediaries electronically with geographic and zip code information
necessary to correctly collect the tax.
new text end
new text begin
This section is effective the day after final enactment.
new text end
Laws 1980, chapter 511, section 1, subdivision 2, as amended by Laws 1991,
chapter 291, article 8, section 22, Laws 1998, chapter 389, article 8, section 25, Laws
2003, First Special Session chapter 21, article 8, section 11, Laws 2008, chapter 154,
article 5, section 2, and Laws 2014, chapter 308, article 3, section 21, is amended to read:
(a) Notwithstanding Minnesota Statutes, section 477A.016, or any other
law, ordinance, or city charter provision to the contrary, the city of Duluth may, by
ordinance, impose an additional sales tax of up to one and three-quarter percent on sales
transactions which are described in Minnesota Statutes 2000, section 297A.01, subdivision
3, clause (c). The imposition of this tax shall not be subject to voter referendum under
either state law or city charter provisions. When the city council determines that the taxes
imposed under this paragraph at a rate of three-quarters of one percent and other sources
of revenue produce revenue sufficient to pay debt service on bonds in the principal amount
of $40,285,000 plus issuance and discount costs, issued for capital improvements at the
Duluth Entertainment and Convention Center, which include a new arena, the rate of tax
under this subdivision must be reduced by three-quarters of one percent.
(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or city charter provision to the contrary,
the city of Duluth may, by ordinance, impose an additional sales tax of up to one-half of
one percent on sales transactions which are described in Minnesota Statutes 2000, section
297A.01, subdivision 3, clause (c). This tax expires when the city council determines
that the tax imposed under this paragraph, along with the tax imposed under section
22, paragraph (b), has produced revenues sufficient to pay the debt service on bonds
in a principal amount of no more than $18,000,000, plus issuance and discount costs,
to finance capital improvements to public facilities to support tourism and recreational
activities in that portion of the city west of deleted text begin 34thdeleted text end new text begin 14thnew text end Avenue West new text begin and the area south of
and including Skyline Parkwaynew text end .
(c) The city of Duluth may sell and issue up to $18,000,000 in general obligation
bonds under Minnesota Statutes, chapter 475, plus an additional amount to pay for the
costs of issuance and any premiums. The proceeds may be used to finance capital
improvements to public facilities that support tourism and recreational activities in the
portion of the city west of deleted text begin 34thdeleted text end new text begin 14thnew text end Avenue West new text begin and the area south of and including
Skyline Parkwaynew text end , as described in paragraph (b). The issuance of the bonds is subject to the
provisions of Minnesota Statutes, chapter 475, except no election shall be required unless
required by the city charter. The bonds shall not be included in computing net debt. The
revenues from the taxes that the city of Duluth may impose under paragraph (b) and under
section 22, paragraph (b), may be pledged to pay principal of and interest on such bonds.
new text begin
This section is effective the day after the governing body of
the city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end
Laws 1980, chapter 511, section 2, as amended by Laws 1998, chapter 389,
article 8, section 26, Laws 2003, First Special Session chapter 21, article 8, section 12, and
Laws 2014, chapter 308, article 3, section 22, is amended to read:
(a) Notwithstanding Minnesota Statutes, section 477A.016, or any other law, or
ordinance, or city charter provision to the contrary, the city of Duluth may, by ordinance,
impose an additional tax of one percent upon the gross receipts from the sale of lodging
for periods of less than 30 days in hotels and motels located in the city. The tax shall be
collected in the same manner as the tax set forth in the Duluth city charter, section 54(d),
paragraph one. The imposition of this tax shall not be subject to voter referendum under
either state law or city charter provisions.
(b) In addition to the tax in paragraph (a) and notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or city charter provision to the contrary,
the city of Duluth may, by ordinance, impose an additional sales tax of up to one-half
of one percent on the gross receipts from the sale of lodging for periods of less than
30 days in hotels and motels located in the city. This tax expires when the city council
first determines that the tax imposed under this paragraph, along with the tax imposed
under section 21, paragraph (b), has produced revenues sufficient to pay the debt
service on bonds in a principal amount of no more than $18,000,000, plus issuance and
discount costs, to finance capital improvements to public facilities to support tourism and
recreational activities in that portion of the city west of deleted text begin 34thdeleted text end new text begin 14thnew text end Avenue West new text begin and the
area south of and including Skyline Parkwaynew text end .
new text begin
This section is effective the day after the governing body of
the city of Duluth and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end
Laws 1991, chapter 291, article 8, section 27, subdivision 3, as amended by
Laws 1998, chapter 389, article 8, section 28, Laws 2008, chapter 366, article 7, section 9,
and Laws 2009, chapter 88, article 4, section 14, is amended to read:
new text begin (a) new text end Revenues received from taxes authorized by
subdivisions 1 and 2 shall be used by the city to pay the cost of collecting the tax and to
pay all or a portion of the expenses of constructing and improving facilities as part of an
urban revitalization project in downtown Mankato known as Riverfront 2000. Authorized
expenses include, but are not limited to, acquiring property and paying relocation expenses
related to the development of Riverfront 2000 and related facilities, and securing or paying
debt service on bonds or other obligations issued to finance the construction of Riverfront
2000 and related facilities. For purposes of this section, "Riverfront 2000 and related
facilities" means a civic-convention center, an arena, a riverfront park, a technology center
and related educational facilities, and all publicly owned real or personal property that
the governing body of the city determines will be necessary to facilitate the use of these
facilities, including but not limited to parking, skyways, pedestrian bridges, lighting, and
landscaping. It also includes the performing arts theatre and the Southern Minnesota
Women's Hockey Exposition Center, for use by Minnesota State University, Mankato.
new text begin
(b) Notwithstanding Minnesota Statutes, section 297A.99, subdivision 3, and subject
to voter approval at a special or general election held on or before December 31, 2018, the
city may by ordinance also use revenues from taxes authorized under subdivisions 1 and 2:
new text end
new text begin
(1) up to a maximum of $29,000,000, plus associated bond costs, to pay all or a
portion of the expenses of the following capital projects:
new text end
new text begin
(i) improvements to regional recreational facilities including existing hockey and
curling rinks, a baseball park, youth athletic fields and facilities, and the municipal
swimming pool including improvements to make the pool compliant with the Americans
with Disabilities Act;
new text end
new text begin
(ii) improvements to flood control and the levee system;
new text end
new text begin
(iii) water quality improvement projects in Blue Earth and Nicollet Counties;
new text end
new text begin
(iv) expansion of the regional transit building and related multimodal transit
improvements;
new text end
new text begin
(v) regional public safety and emergency communications improvements and
equipment; and
new text end
new text begin
(vi) matching funds for improvements to publicly owned regional facilities including
a historic museum, supportive housing, and a senior center; and
new text end
new text begin
(2) up to a maximum of $25,000,000, plus associated bond costs, to pay all or a
portion of the costs of constructing the following new regional athletic facilities: ice
sheets, swimming and aquatic facility, multi-use sports bubble, indoor field house, or
indoor tennis courts.
new text end
new text begin
(c) The additional uses of revenues authorized in paragraph (b) must be presented to
voters in one ballot question. The election must be held on the same date as the election to
extend the North Mankato local option sales tax authorized under section 25 of this article.
new text end
new text begin
This section is effective the day after the governing body of
the city of Mankato and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
Laws 1991, chapter 291, article 8, section 27, subdivision 4, as amended by
Laws 2005, First Special Session chapter 3, article 5, section 25, and Laws 2008, chapter
366, article 7, section 10, is amended to read:
The
authority granted by subdivisions 1 and 2 to the city to impose a sales tax and an excise tax
shall expire deleted text begin ondeleted text end new text begin at the later of when revenues are sufficient to pay off the bonds, including
interest and all other associated bond costs authorized under subdivision 5, or new text end December
31, 2022new text begin , unless the additional uses under subdivision 3, paragraph (b), are authorized. If
the additional uses allowed in subdivision 3, paragraph (b), are authorized, the taxes expire
at the later of when revenues are sufficient to pay off the bonds, including interest and all
other associated bond costs authorized under subdivision 5, or December 31, 2038. Upon
expiration of the taxes, any remaining fund balance of revenues derived from the taxes
shall be disbursed to the general fund of the city. The taxes imposed under subdivisions 1
and 2 may expire at an earlier time if the city so determines by ordinancenew text end .