1.1 	A bill for an act
1.2 	relating to property tax refunds; excluding active service military pay and 
1.3 	housing allowances from household income;amending Minnesota Statutes 2005 
1.4 	Supplement, section 290A.03, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 290A.03, subdivision 3, 
1.7 	is amended to read:
1.8 		Subd. 3.Income. (1) "Income" means the sum of the following:
1.9 	(a) federal adjusted gross income as defined in the Internal Revenue Code; and
1.10 	(b) the sum of the following amounts to the extent not included in clause (a):
1.11 	(i) all nontaxable income;
1.12 	(ii) the amount of a passive activity loss that is not disallowed as a result of section 
1.13 	469, paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity 
1.14 	loss carryover allowed under section 469(b) of the Internal Revenue Code;
1.15 	(iii) an amount equal to the total of any discharge of qualified farm indebtedness 
1.16 	of a solvent individual excluded from gross income under section 108(g) of the Internal 
1.17 	Revenue Code;
1.18 	(iv) cash public assistance and relief;
1.19 	(v) any pension or annuity (including railroad retirement benefits, all payments 
1.20 	received under the federal Social Security Act, supplemental security income, and veterans 
1.21 	benefits), which was not exclusively funded by the claimant or spouse, or which was 
1.22 	funded exclusively by the claimant or spouse and which funding payments were excluded 
1.23 	from federal adjusted gross income in the years when the payments were made;
2.1 	(vi) interest received from the federal or a state government or any instrumentality 
2.2 	or political subdivision thereof;
2.3 	(vii) workers' compensation;
2.4 	(viii) nontaxable strike benefits;
2.5 	(ix) the gross amounts of payments received in the nature of disability income or 
2.6 	sick pay as a result of accident, sickness, or other disability, whether funded through 
2.7 	insurance or otherwise;
2.8 	(x) a lump sum distribution under section 402(e)(3) of the Internal Revenue Code of 
2.9 	1986, as amended through December 31, 1995;
2.10 	(xi) contributions made by the claimant to an individual retirement account, 
2.11 	including a qualified voluntary employee contribution; simplified employee pension plan; 
2.12 	self-employed retirement plan; cash or deferred arrangement plan under section 401(k) 
2.13 	of the Internal Revenue Code; or deferred compensation plan under section 457 of the 
2.14 	Internal Revenue Code;
2.15 	(xii) nontaxable scholarship or fellowship grants;
2.16 	(xiii) the amount of deduction allowed under section 199 of the Internal Revenue 
2.17 	Code; and
2.18 	(xiv) the amount of deduction allowed under section 220 or 223 of the Internal 
2.19 	Revenue Code.
2.20 	In the case of an individual who files an income tax return on a fiscal year basis, the 
2.21 	term "federal adjusted gross income" shall mean federal adjusted gross income reflected 
2.22 	in the fiscal year ending in the calendar year. Federal adjusted gross income shall not be 
2.23 	reduced by the amount of a net operating loss carryback or carryforward or a capital loss 
2.24 	carryback or carryforward allowed for the year.
2.25 	(2) "Income" does not include:
2.26 	(a) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 
2.27 	102;
2.28 	(b) amounts of any pension or annuity which was exclusively funded by the claimant 
2.29 	or spouse and which funding payments were not excluded from federal adjusted gross 
2.30 	income in the years when the payments were made;
2.31 	(c) surplus food or other relief in kind supplied by a governmental agency;
2.32 	(d) relief granted under this chapter;
2.33 	(e) child support payments received under a temporary or final decree of dissolution 
2.34 	or legal separation; or
3.1 	(f) restitution payments received by eligible individuals and excludable interest 
3.2 	as defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act 
3.3 	of 2001, Public Law 107-16.; or
3.4 	(g) military compensation allowed as a subtraction under section 290.01, subdivision 
3.5 	19b, clause (11) or (12), or any amounts received as a housing allowance in conjunction 
3.6 	with such compensation.
3.7 	(3) The sum of the following amounts may be subtracted from income:
3.8 	(a) for the claimant's first dependent, the exemption amount multiplied by 1.4;
3.9 	(b) for the claimant's second dependent, the exemption amount multiplied by 1.3;
3.10 	(c) for the claimant's third dependent, the exemption amount multiplied by 1.2;
3.11 	(d) for the claimant's fourth dependent, the exemption amount multiplied by 1.1;
3.12 	(e) for the claimant's fifth dependent, the exemption amount; and
3.13 	(f) if the claimant or claimant's spouse was disabled or attained the age of 65 on 
3.14 	or before December 31 of the year for which the taxes were levied or rent paid, the 
3.15 	exemption amount.
3.16 	For purposes of this subdivision, the "exemption amount" means the exemption 
3.17 	amount under section 151(d) of the Internal Revenue Code for the taxable year for which 
3.18 	the income is reported.

3.19 	EFFECTIVE DATE. This section is effective for claims based on rent paid in 2005 
3.20 	and taxes payable in 2006, and thereafter.