2007 Minnesota Statutes

297A.75 REFUND; APPROPRIATION.
    Subdivision 1. Tax collected. The tax on the gross receipts from the sale of the following
exempt items must be imposed and collected as if the sale were taxable and the rate under section
297A.62, subdivision 1, applied. The exempt items include:
(1) capital equipment exempt under section 297A.68, subdivision 5;
(2) building materials for an agricultural processing facility exempt under section 297A.71,
subdivision 13 ;
(3) building materials for mineral production facilities exempt under section 297A.71,
subdivision 14 ;
(4) building materials for correctional facilities under section 297A.71, subdivision 3;
(5) building materials used in a residence for disabled veterans exempt under section
297A.71, subdivision 11;
(6) elevators and building materials exempt under section 297A.71, subdivision 12;
(7) building materials for the Long Lake Conservation Center exempt under section
297A.71, subdivision 17;
(8) materials, supplies, fixtures, furnishings, and equipment for a county law enforcement
and family service center under section 297A.71, subdivision 26;
(9) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23 ;
(10) materials, supplies, and equipment for municipal electric utility facilities under section
297A.71, subdivision 35;
(11) equipment and materials used for the generation, transmission, and distribution of
electrical energy and an aerial camera package exempt under section 297A.68, subdivision 37; and
(12) tangible personal property and taxable services and construction materials, supplies,
and equipment exempt under section 297A.68, subdivision 41.
    Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must be
paid to the applicant. Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1) to (3), the applicant must be the purchaser;
(2) for subdivision 1, clauses (4), (7), and (8), the applicant must be the governmental
subdivision;
(3) for subdivision 1, clause (5), the applicant must be the recipient of the benefits provided
in United States Code, title 38, chapter 21;
(4) for subdivision 1, clause (6), the applicant must be the owner of the homestead property;
(5) for subdivision 1, clause (9), the owner of the qualified low-income housing project;
(6) for subdivision 1, clause (10), the applicant must be a municipal electric utility or a
joint venture of municipal electric utilities; and
(7) for subdivision 1, clauses (11) and (12), the owner of the qualifying business.
    Subd. 3. Application. (a) The application must include sufficient information to permit
the commissioner to verify the tax paid. If the tax was paid by a contractor, subcontractor, or
builder, under subdivision 1, clause (4), (5), (6), (7), (8), (9), (10), (11), or (12), the contractor,
subcontractor, or builder must furnish to the refund applicant a statement including the cost of
the exempt items and the taxes paid on the items unless otherwise specifically provided by this
subdivision. The provisions of sections 289A.40 and 289A.50 apply to refunds under this section.
(b) An applicant may not file more than two applications per calendar year for refunds for
taxes paid on capital equipment exempt under section 297A.68, subdivision 5.
    Subd. 4. Interest. Interest must be paid on the refund at the rate in section 270C.405 from 90
days after the refund claim is filed with the commissioner for taxes paid under subdivision 1.
    Subd. 5. Appropriation. The amount required to make the refunds is annually appropriated
to the commissioner.
History: 2000 c 418 art 1 s 19,44 subd 3; 2000 c 490 art 8 s 6; 1Sp2001 c 5 art 12 s 72;
2002 c 377 art 3 s 17; 2003 c 127 art 1 s 26; 2005 c 151 art 2 s 17; art 7 s 19; 1Sp2005 c 3 art 5
s 18-20; 2006 c 259 art 6 s 26-28