2006 Minnesota Statutes

295.54 CREDIT FOR TAXES PAID.
    Subdivision 1. Taxes paid to another state. A hospital, surgical center, or health care
provider that has paid taxes to another jurisdiction measured by gross revenues and is subject to
tax under sections 295.52 to 295.59 on the same gross revenues is entitled to a credit for the tax
legally due and paid to another jurisdiction to the extent of the lesser of (1) the tax actually paid
to the other jurisdiction, or (2) the amount of tax imposed by Minnesota on the gross revenues
subject to tax in the other taxing jurisdictions.
    Subd. 2. Pharmacy refund. A pharmacy may claim an annual refund against the total
amount of tax, if any, the pharmacy owes during that calendar year under section 295.52,
subdivision 2 . The refund shall equal the amount paid by the pharmacy to a wholesale drug
distributor subject to tax under section 295.52, subdivision 3, for legend drugs delivered by the
pharmacy outside of Minnesota, multiplied by the tax percentage specified in section 295.52.
If the amount of the refund exceeds the tax liability of the pharmacy under section 295.52,
subdivision 1b , the commissioner shall provide the pharmacy with a refund equal to the excess
amount. Each qualifying pharmacy must apply for the refund on the annual return as provided
under section 295.55, subdivision 5. The refund must be claimed within one year of the due date
of the return. Interest on refunds paid under this subdivision will begin to accrue 60 days after the
date a claim for refund is filed. For purposes of this subdivision, the date a claim is filed is the due
date of the return or the date of the actual claim for refund, whichever is later.
    Subd. 3. Wholesale drug distributor credit. A wholesale drug distributor who has paid
taxes to another state or province or territory of Canada measured by gross revenues or sales and
is subject to tax under sections 295.52 to 295.59 on the same gross revenues or sales is entitled
to a credit for the tax legally due and paid to another state or province or territory of Canada to
the extent of the lesser of (1) the tax actually paid to the other state or province or territory of
Canada or (2) the amount of tax imposed by Minnesota on the gross revenues or sales subject to
tax in the other taxing jurisdictions.
History: 1992 c 549 art 9 s 9; 1993 c 345 art 13 s 18; 1Sp1993 c 6 s 28; 1994 c 625 art 13 s
14; 1996 c 471 art 6 s 9-11; 1997 c 31 art 4 s 11; 1997 c 225 art 3 s 18,19,23; 1997 c 251 s 28