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2007 Minnesota Statutes

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289A.20 DUE DATES FOR MAKING PAYMENTS OF TAX.
    Subdivision 1. Individual income, fiduciary income, mining company, corporate
franchise, and entertainment taxes. (a) Individual income, fiduciary, mining company, and
corporate franchise taxes must be paid to the commissioner on or before the date the return must
be filed under section 289A.18, subdivision 1, or the extended due date as provided in section
289A.19, unless an earlier date for payment is provided.
Notwithstanding any other law, a taxpayer whose unpaid liability for income or corporate
franchise taxes, as reflected upon the return, is $1 or less need not pay the tax.
(b) Entertainment taxes must be paid on or before the date the return must be filed under
section 289A.18, subdivision 1.
(c) If a fiduciary administers 100 or more trusts, fiduciary income taxes for all trusts
administered by the fiduciary must be paid by electronic means.
    Subd. 2. Withholding from wages, entertainer withholding, withholding from payments
to out-of-state contractors, and withholding by partnerships, small business corporations,
trusts. (a) A tax required to be deducted and withheld during the quarterly period must be paid on
or before the last day of the month following the close of the quarterly period, unless an earlier
time for payment is provided. A tax required to be deducted and withheld from compensation of
an entertainer and from a payment to an out-of-state contractor must be paid on or before the date
the return for such tax must be filed under section 289A.18, subdivision 2. Taxes required to be
deducted and withheld by partnerships, S corporations, and trusts must be paid on a quarterly
basis as estimated taxes under section 289A.25 for partnerships and trusts and under section
289A.26 for S corporations.
(b) An employer who, during the previous quarter, withheld more than $1,500 of tax under
section 290.92, subdivision 2a or 3, or 290.923, subdivision 2, must deposit tax withheld under
those sections with the commissioner within the time allowed to deposit the employer's federal
withheld employment taxes under Code of Federal Regulations, title 26, section 31.6302-1, as
amended through December 31, 2001, without regard to the safe harbor or de minimis rules in
subparagraph (f) or the one-day rule in subsection (c), clause (3). Taxpayers must submit a copy
of their federal notice of deposit status to the commissioner upon request by the commissioner.
(c) The commissioner may prescribe by rule other return periods or deposit requirements.
In prescribing the reporting period, the commissioner may classify payors according to the
amount of their tax liability and may adopt an appropriate reporting period for the class that the
commissioner judges to be consistent with efficient tax collection. In no event will the duration of
the reporting period be more than one year.
(d) If less than the correct amount of tax is paid to the commissioner, proper adjustments
with respect to both the tax and the amount to be deducted must be made, without interest, in the
manner and at the times the commissioner prescribes. If the underpayment cannot be adjusted, the
amount of the underpayment will be assessed and collected in the manner and at the times the
commissioner prescribes.
(e) If the aggregate amount of the tax withheld is:
(1) $20,000 or more in the fiscal year ending June 30, 2005; or
(2) $10,000 or more in the fiscal year ending June 30, 2006, and fiscal years thereafter,
the employer must remit each required deposit for wages paid in the subsequent calendar year
by electronic means.
(f) A third-party bulk filer as defined in section 290.92, subdivision 30, paragraph (a), clause
(2), who remits withholding deposits must remit all deposits by electronic means as provided
in paragraph (e), regardless of the aggregate amount of tax withheld during a fiscal year for
all of the employers.
    Subd. 3. Estate tax. Taxes imposed by chapter 291 take effect at and upon the death of the
person whose estate is subject to taxation and are due and payable on or before the expiration of
nine months from that death.
    Subd. 4. Sales and use tax. (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 $120,000 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 78 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) $20,000 or more in the fiscal year ending June 30, 2005; or
(2) $10,000 or more in the fiscal year ending June 30, 2006, and fiscal years thereafter,
must remit all liabilities on returns due for periods beginning in the subsequent calendar year
by electronic means 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, except for 78 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.
    Subd. 5. Payment of franchise tax on LIFO recapture. If a corporation is subject to LIFO
recapture under section 1363(d) of the Internal Revenue Code, any increase in the tax imposed
by section 290.06, subdivision 1, by reason of the inclusion of the LIFO recapture amount in its
income is payable in four equal installments.
The first installment must be paid on or before the due date, determined without regard to
extensions, for filing the return for the first taxable year for which the corporation was subject
to the LIFO recapture. The three succeeding installments must be paid on or before the due
date, determined without regard to extensions, for filing the corporation's return for the three
succeeding taxable years.
For purposes of computing interest on underpayments, the last three installments must not be
considered underpayments until after the payment due date specified in this subdivision.
History: 1990 c 480 art 1 s 10; 1991 c 291 art 6 s 10; art 8 s 5; art 11 s 6; art 17 s 2-4; 1992
c 511 art 6 s 19; art 7 s 10; art 8 s 4; 1993 c 13 art 1 s 34; 1993 c 375 art 1 s 3; art 8 s 2,14; art
10 s 14,15; 1994 c 510 art 3 s 8; 1994 c 587 art 1 s 24; 1995 c 264 art 10 s 2; 1997 c 84 art 6 s
20,21; 1998 c 300 art 1 s 2; 1999 c 243 art 4 s 2; 2000 c 490 art 4 s 2; art 8 s 1; 1Sp2001 c 5
art 12 s 1; art 17 s 9-11; 2002 c 377 art 2 s 2; art 3 s 2; 1Sp2003 c 21 art 8 s 2; 1Sp2005 c 3
art 3 s 4; art 9 s 1,2; 2006 c 259 art 13 s 2

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