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Minnesota Legislature

Office of the Revisor of Statutes

268.045 Employer tax or reimbursable accounts.

Subdivision 1. Account for each employer. The commissioner shall maintain a tax account for each taxpaying employer and a reimbursable account for each nonprofit or government employer that has elected to be liable for reimbursements if that employer has employees in covered employment in the current or the prior calendar year, except as provided in this section. The commissioner shall assess the tax account of a taxpaying employer for all the taxes due under section 268.051 and credit the tax account with all taxes paid. The commissioner shall charge the reimbursable account of a nonprofit or government employer that elects to make reimbursements for any unemployment benefits determined chargeable to the employer under section 268.047 and shall credit the reimbursable account with the payments made.

Subd. 2. Common paymaster tax account. Two or more related taxpaying corporations concurrently employing the same employees and compensating those employees through a common paymaster that is one of the corporations may apply, by electronic transmission, in a format prescribed by the commissioner, to establish a common paymaster tax account that shall be the tax account of the common paymaster corporation. The commissioner shall have discretion on approval of a common paymaster tax account. If approved, the separate tax accounts shall be maintained, but the employees compensated through the common paymaster shall be reported under section 268.044 as employees of the common paymaster corporation. The corporations using the common paymaster tax account shall be jointly and severally liable for any unpaid amounts due under this chapter and section 116L.20 from the common paymaster tax account.

Subd. 3. Joint tax account. Two or more taxpaying employers having 50 percent or more common ownership and compensating employees through a single payer that is one of the employers may apply by electronic transmission in a format prescribed by the commissioner for a combining of the experience ratings of the employers into a single experience rating and joint tax account. The commissioner shall have discretion on approval of a joint tax account.

If approved, the joint tax account shall be effective on that date assigned by the commissioner and shall remain in effect for not less than two calendar years, and continuing unless notice terminating the joint tax account is filed with the commissioner by electronic transmission, in a format prescribed by the commissioner. The termination shall be effective on January 1 next following the filing of the notice of termination.

The employers in the joint tax account shall be jointly and severally liable for any unpaid amounts due under this chapter and section 116L.20 from the joint tax account.

Subd. 4. Group reimbursable account. Two or more nonprofit or government employers that have elected to be liable for reimbursements may apply to the commissioner for the establishment of a group reimbursable account for the purpose of sharing the cost of unemployment benefits charged based upon wage credits from all employers in the group. The application, filed by electronic transmission in a format prescribed by the commissioner, shall identify and authorize a group representative to act as the group's agent for the purposes of the reimbursable account. The commissioner shall have discretion on approval of a group reimbursable account. If approved, the commissioner shall establish a group reimbursable account for the employers effective as of the beginning of the calendar year that the application is received. The reimbursable account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the commissioner or upon application by the group, filed by electronic transmission in a format prescribed by the commissioner, at least 30 calendar days prior to the end of the two year period or 30 calendar days prior to January 1 of any following calendar year. Each nonprofit or government employer in the group shall be jointly and severally liable for reimbursements for all unemployment benefits paid based upon wage credits from all employers in the group during the period the group reimbursable account was in effect.

HIST: Ex1936 c 2 s 4; 1937 c 306 s 2; 1939 c 443 s 3; 1941 c 554 s 3; 1943 c 650 s 2; 1945 c 376 s 3; 1947 c 32 s 1-8; 1947 c 432 s 3-5,11; 1947 c 600 s 7; 1949 c 526 s 1; 1949 c 605 s 3-6,17,18; 1951 c 442 s 2; 1953 c 97 s 5,6,8; 1953 c 288 s 1; 1955 c 380 s 2-4,6; 1957 c 25 s 1; 1957 c 873 s 2; 1959 c 702 s 2-4; 1965 c 45 s 40; 1965 c 741 s 6-11; 1967 c 573 s 3; 1967 c 617 s 1; 1967 c 856 s 1; 1969 c 3 s 1; 1969 c 567 s 3; 1969 c 854 s 6; 1971 c 860 s 1; 1971 c 942 s 3-6; 1973 c 254 s 3; 1973 c 599 s 2-4; 1975 c 336 s 6-10; 1977 c 4 s 4,5; 1977 c 297 s 6-11; 1977 c 430 s 25 subd 1; 1977 c 455 s 82; 1978 c 674 s 60; 1979 c 181 s 4-8; 1980 c 508 s 2-7; 1Sp1982 c 1 s 5-12; 1983 c 216 art 1 s 87; 1983 c 247 s 112; 1983 c 372 s 9-15; 1985 c 248 s 70; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1986 c 451 s 1; 1987 c 242 s 1; 1987 c 362 s 9-12; 1987 c 385 s 10-18; 1989 c 65 s 3-5; 1989 c 209 art 2 s 1; 1992 c 484 s 4-7; 1994 c 483 s 1; 1994 c 488 s 8; 1995 c 54 s 3-7; 1996 c 417 s 5-7,31; 1997 c 66 s 19,26,79; 1998 c 265 s 9; 1999 c 107 s 17; 2000 c 343 s 4; 2001 c 175 s 10; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 22

* NOTE: The amendment to this section by Laws 2004, chapter *183, section 22, is effective July 1, 2005. Laws 2004, chapter *183, section 22, the effective date.