as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 10:21am
A bill for an act
relating to taxation; individual income; providing a refundable credit for
modification or improvements to homes of people with disabilities; proposing
coding for new law in Minnesota Statutes, chapter 290.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Accommodate" means to make a residence accessible for a qualified person in a
manner that is necessary because:
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(1) the qualified person has a disability; or
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(2) the qualified person is age 65 or older and has a disability or another physical
limitation.
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(c) "Federal poverty guidelines" means the federal poverty guidelines published by the
United States Department of Health and Human Services most recently before the first day
of the calendar year in which the taxable year began.
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(d) "Medical provider" means a physician, licensed under chapter 147, or a primary care
provider as defined in section 148.171, subdivision 17a.
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(e) "Qualified modifications or improvements" means modifications or improvements
to the taxpayer's principal residence, as used in section 121 of the Internal Revenue Code
and located in this state, to accommodate a qualified person and must:
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(1) consist of one or more of the following:
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(i) no-step exterior entrances;
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(ii) exterior or interior ramps;
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(iii) stairway lifts;
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(iv) elevators;
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(v) lifts;
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(vi) handrails;
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(vii) grab bars or reinforcement of grab bars;
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(viii) door hardware;
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(ix) widening exterior doors to more than 36 inches;
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(x) widening interior doors to more than 32 inches;
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(xi) widening hallways to more than 36 inches;
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(xii) alerting devices;
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(xiii) moving electrical service, including but not limited to outlets and switches;
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(xiv) bathroom modifications, including but not limited to accessible toilets, bathtubs,
showers, plumbing, and fixtures;
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(xv) kitchen modifications, including but not limited to accessible countertops, cabinets,
appliances, plumbing, and fixtures; or
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(xvi) bedroom modifications, including but not limited to relocation to an accessible
space in the home;
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(2) be certified by a medical provider as necessary to accommodate the qualified person's
use of the residence; and
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(3) consist of improvements or attachments to real property.
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(f) "Qualified person" means a taxpayer, the taxpayer's spouse, or the taxpayer's
dependents, as defined in section 152 of the Internal Revenue Code, who has attained the
age of 65 before the close of the taxable year or who has a disability, as defined in section
363A.03, subdivision 12.
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(a) A credit is allowed against the tax imposed under this
chapter on individuals equal to the amount paid during the taxable year for qualified
modifications or improvements to a residence to accommodate its use by a qualified person.
The credit amount must not exceed $7,000.
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(b) The credit under this section does not apply to any amounts for which reimbursement
is received under any other federal, state, or local government program or from a private
entity, such as an insurance company or in settlement of a claim or lawsuit. The taxpayer
or spouse must not claim this tax credit for a taxable year following a taxable year in which
the taxpayer or spouse claimed the credit under this section.
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If the amount of credit that the individual is eligible to
receive under subdivision 2 exceeds the individual's tax liability under this chapter, the
commissioner shall refund the excess to the individual.
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An amount sufficient to pay the refunds required by this section
is appropriated to the commissioner from the general fund.
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This section is effective for taxable years beginning after December
31, 2016.
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