Plain English Breakdown
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SF5052 • 2026
Various taxation policy provisions modifications
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
The plain English breakdown is still being put together. The official documents below are already here.
Introduction and first reading
Various taxation policy provisions modifications
A bill for an act relating to taxation; modifying individual income, corporate franchise, sales and use, and gross receipts taxes and other various taxes and tax-related provisions; providing appointments; providing for certain federal conformity; modifying pass-through entity tax provisions; modifying the sustainable aviation fuel credit; modifying the dependent care credit; modifying the historic structure rehabilitation credit; imposing a gross receipts tax on firearms; lowering the statewide sales and use tax rate and expanding the base; imposing a social media tax and dedicating receipts; making changes to the cannabis gross receipts tax; creating a commission on artificial intelligence; providing for appointments; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 41A.30, subdivisions 1, 2, 7; 270C.726, subdivisions 2, 3; 289A.02, subdivision 7; 289A.08, subdivision 7a; 289A.12, subdivisions 4, 12, by adding a subdivision; 289A.60, subdivision 8; 290.01, subdivisions 19, 31; 290.0122, subdivision 4; 290.0131, subdivision 9, by adding subdivisions; 290.0132, by adding subdivisions; 290.0133, subdivision 11, by adding subdivisions; 290.0134, by adding subdivisions; 290.033; 290.06, subdivision 40; 290.067; 290.0921, subdivision 3; 290.21, subdivision 10; 290.92, subdivision 26; 290A.03, subdivision 15; 291.005, subdivision 1; 295.81, subdivisions 1, 3, 4, 6, 9; 297A.61, subdivision 3; 297A.62, subdivision 1; 297F.25, subdivision 1; Minnesota Statutes 2025 Supplement, sections 41A.30, subdivision 5; 290.06, subdivisions 2c, 23a; 290.091, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 116J; 290; 295. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 FEDERAL UPDATE Section 1. Minnesota Statutes 2024, section 289A.02, subdivision 7, is amended to read: Subd. 7. Internal Revenue Code. Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin May 1, 2023 deleted text end new text begin March 1, 2026 new text end . new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 2. Minnesota Statutes 2024, section 289A.12, subdivision 4, is amended to read: Subd. 4. Returns by persons, corporations, cooperatives, governmental entities, or school districts. (a) The commissioner may by notice and demand require to the extent required by section 6041 of the Internal Revenue Code, a person, corporation, or cooperative, the state of Minnesota and its political subdivisions, and a city, county, and school district in Minnesota, making payments in the regular course of a trade or business during the taxable year to any person or corporation of $600 or more on account of rents or royalties, or of $10 or more on account of interest, or $10 or more on account of dividends or patronage dividends, or $600 or more on account of either wages, salaries, commissions, fees, prizes, awards, pensions, annuities, or any other fixed or determinable gains, profits or income, not otherwise reportable under section 289A.09, subdivision 2 , or on account of earnings of $10 or more distributed to its members by savings associations or credit unions chartered under the laws of this state or the United States, (1) to file with the commissioner a return deleted text begin (except in cases where a valid agreement to participate in the combined federal and state information reporting system has been entered into, and the return is filed only with the commissioner of internal revenue under the applicable filing and informational reporting requirements of the Internal Revenue Code) deleted text end with respect to the payments in excess of the amounts named, giving the names and addresses of the persons to whom the payments were made, the amounts paid to each, and (2) to make a return with respect to the total number of payments and total amount of payments, for each category of income named, which were in excess of the amounts named. This subdivision does not apply to the payment of interest or dividends to a person who was a nonresident of Minnesota for the entire year. (b) For payments for which a return is covered by paragraph (a), regardless of whether the commissioner has required filing under paragraph (a), the payor must file a copy of the return with the commissioner if: (1) the return is for a payment made to a Minnesota resident, to a recipient with a Minnesota address, or for activity occurring in the state of Minnesota; and (2) the payment is for wages, salaries, or other compensation for services provided. The commissioner may require this information to be filed in electronic or another form that the commissioner determines is appropriate deleted text begin , notwithstanding the provisions of paragraph (c) deleted text end . deleted text begin (c) A person, corporation, or cooperative required to file returns under this subdivision must file the returns on magnetic media if magnetic media was used to satisfy the federal reporting requirement under section 6011(e) of the Internal Revenue Code, unless the person establishes to the satisfaction of the commissioner that compliance with this requirement would be an undue hardship. deleted text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for payments made after December 31, 2025. new text end Sec. 3. Minnesota Statutes 2024, section 289A.12, subdivision 12, is amended to read: Subd. 12. Statements to payees. A person who can be required to file a return with the commissioner under subdivisions 4 to 10 new text begin and 19 new text end must furnish to a person whose name is set forth in the return a written statement showing the name and address of the person making the return, and the aggregate amount of payments to the person shown on the return. This written statement must be given to the person on or before January 31 of the year following the calendar year for which the return was made. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for payments made after December 31, 2025. new text end Sec. 4. Minnesota Statutes 2024, section 289A.12, is amended by adding a subdivision to read: new text begin Subd. 19. new text end new text begin Returns relating to payments made in settlement of payment card and third-party network transactions, nonemployee income, and miscellaneous income. new text end new text begin (a) A person that is required or would be required to file a return relating to payments made in settlement of payment card and third-party network transactions, nonemployee income, or miscellaneous income pursuant to section 6041(a) or 6050W of the Internal Revenue Code, is required to file a return with the commissioner under subdivision 4, except: new text end new text begin (1) the threshold must be $600 instead of $2,000 under section 6041(a) of the Internal Revenue Code; and new text end new text begin (2) section 6050W(e)(2) of the Internal Revenue Code does not apply. new text end new text begin (b) The return must be filed with the commissioner on or before January 31 of the year following the calendar year for which the payments were made. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for payments made after December 31, 2025. new text end Sec. 5. Minnesota Statutes 2024, section 289A.60, subdivision 8, is amended to read: Subd. 8. Penalties; failure to file informational return; incorrect taxpayer identification number. (a) In the case of a failure to file an informational return required by section 289A.12 with the commissioner on the date prescribed (determined with regard to any extension of time for filing), the person failing to file the return shall pay a penalty of $50 for each failure or in the case of a partnership, S corporation, or fiduciary return, $50 for each partner, shareholder, or beneficiary; but the total amount imposed on the delinquent person for all failures during any calendar year must not exceed $25,000. If a failure to file a return is due to intentional disregard of the filing requirement, then the penalty imposed under the preceding sentence must not be less than an amount equal to: (1) in the case of a return not described in clause (2) or (3), ten percent of the aggregate amount of the items required to be reported; (2) in the case of a return required to be filed under section 289A.12, subdivision 5 , five percent of the gross proceeds required to be reported; deleted text begin and deleted text end (3) in the case of a return required to be filed under section 289A.12, subdivision 9 , relating to direct sales, $100 for each failure; however, the total amount imposed on the delinquent person for intentional failures during a calendar year must not exceed $50,000. The penalty must be collected in the same manner as a delinquent income tax deleted text begin . deleted text end new text begin ; new text end new text begin (4) in the case of a statement required to be provided to a payee under section 289A.12, subdivision 12, $50 for each failure; however, the total amount imposed on the delinquent person for failures during a calendar year must not exceed $50,000; and new text end new text begin (5) in the case of a return required to be filed under section 289A.12, subdivision 19, $50 for each failure; however, the total amount imposed on the delinquent person for failures during a calendar year must not exceed $50,000. new text end (b) If a partnership or S corporation files a partnership or S corporation return with an incorrect tax identification number used for a partner or shareholder after being notified by the commissioner that the identification number is incorrect, the partnership or S corporation must pay a penalty of $50 for each such incorrect number. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for payments made after December 31, 2025. new text end Sec. 6. Minnesota Statutes 2024, section 290.01, subdivision 19, is amended to read: Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03 , and a corporation taxable under section 290.02 , the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136 . (b) For an individual, the term "net income" means federal adjusted gross income with the modifications provided in sections 290.0131 , 290.0132 , and 290.0135 to 290.0137 . (c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that: (1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply; (2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and (3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code. (d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code. (e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code. (f) The Internal Revenue Code of 1986, as amended through deleted text begin May 1, 2023 deleted text end new text begin March 1, 2026 new text end , applies for taxable years beginning after December 31, 1996. (g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year. (h) In the case of a partnership electing to file a composite return under section 289A.08 , subdivision 7, "net income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.0131, subdivisions 8 to 10, 16, and 17, and the subtractions provided in: (1) section 290.0132, subdivisions 9 , 27, and 28, to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132 , subdivision 9, is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction. (i) In the case of a qualifying entity electing to pay the pass-through entity tax under section 289A.08, subdivision 7a , "net income" means the qualifying owner's share of federal adjusted gross income from the qualifying entity modified by the additions provided in section 290.0131, subdivisions 5 , 8 to 10, 16, and 17, and the subtractions provided in: (1) section 290.0132, subdivisions 3 , 9, 27, and 28, to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132, subdivision 9 , is only allowed on the pass-through entity tax computation to the extent the qualifying owners would have been allowed the subtraction. The income of both a resident and nonresident qualifying owner is allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17 , 290.191 , and 290.20 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 7. Minnesota Statutes 2024, section 290.01, subdivision 19, is amended to read: Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03 , and a corporation taxable under section 290.02 , the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136 . (b) For an individual, the term "net income" means federal adjusted gross income with the modifications provided in sections 290.0131 , 290.0132 , and 290.0135 to 290.0137 . (c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that: (1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply; (2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and (3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code. (d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code. (e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code. (f) The Internal Revenue Code of 1986, as amended through May 1, 2023, applies for taxable years beginning after December 31, 1996. (g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year. (h) In the case of a partnership electing to file a composite return under section 289A.08 , subdivision 7, "net income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.0131, subdivisions 8 to 10, 16, deleted text begin and deleted text end 17, new text begin 21, and 22, new text end and the subtractions provided in: (1) section 290.0132, subdivisions 9 , 27, deleted text begin and deleted text end 28, new text begin 40, 41, and 42, new text end to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132 , subdivision 9, is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction. (i) In the case of a qualifying entity electing to pay the pass-through entity tax under section 289A.08, subdivision 7a , "net income" means the qualifying owner's share of federal adjusted gross income from the qualifying entity modified by the additions provided in section 290.0131, subdivisions 5 , 8 to 10, 16, deleted text begin and deleted text end 17, new text begin 21, and 22, new text end and the subtractions provided in: (1) section 290.0132, subdivisions 3 , 9, 27, deleted text begin and deleted text end 28, new text begin 40, 41, and 42, new text end to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132, subdivision 9 , is only allowed on the pass-through entity tax computation to the extent the qualifying owners would have been allowed the subtraction. The income of both a resident and nonresident qualifying owner is allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17 , 290.191 , and 290.20 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 8. Minnesota Statutes 2024, section 290.01, subdivision 31, is amended to read: Subd. 31. Internal Revenue Code. Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin May 1, 2023 deleted text end new text begin March 1, 2026 new text end . Internal Revenue Code also includes any uncodified provision in federal law that relates to provisions of the Internal Revenue Code that are incorporated into Minnesota law. new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 9. Minnesota Statutes 2024, section 290.0122, subdivision 4, is amended to read: Subd. 4. Charitable contributions. (a) A taxpayer is allowed a deduction for charitable contributions. The deduction equals the amount of the charitable contribution deduction allowable to the taxpayer under section 170 of the Internal Revenue Code, including the denial of the deduction under section 408(d)(8), except that the provisions of section 170(b)(1)(G) apply regardless of the taxable year. new text begin A charitable contribution under this subdivision is allowed as a deduction to the extent that the aggregate of the contributions exceeds 0.5 percent of the taxpayer's contribution base, as defined in section 170(b)(1)(H), for the taxable year, and to the extent that the aggregate of cash contributions does not exceed the excess of 60 percent of the taxpayer's contribution base for the taxable year over the aggregate amount of contributions taken into account under section 170(b)(1)(A) for such taxable year. new text end (b) For taxable years beginning after December 31, 2017, the determination of carryover amounts must be made by applying the rules under section 170 of the Internal Revenue Code based on the charitable contribution deductions claimed and allowable under this section. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 10. Minnesota Statutes 2024, section 290.0131, subdivision 9, is amended to read: Subd. 9. Bonus depreciation. (a) 80 percent of the depreciation deduction allowed under section 168(k) new text begin , (l), (m), and (n) new text end of the Internal Revenue Code is an addition. (b) For the purposes of this subdivision, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) new text begin , (l), (m), and (n) new text end of the Internal Revenue Code and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation deduction allowed under section 168(k) new text begin , (l), (m), and (n) new text end " for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) new text begin , (l), (m), and (n) new text end over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) new text begin , (l), (m), and (n) new text end is allowed. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 11. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read: new text begin Subd. 21. new text end new text begin Domestic research and experimental expenditures. new text end new text begin (a) 80 percent of the amount immediately deducted and allowed under section 174A(a) of the Internal Revenue Code is an addition. new text end new text begin (b) Any amount deducted under the transitional rules in Public Law 119-21, section 70302(f) is an addition. new text end new text begin (c) If a taxpayer generates a deduction under section 174A, but is not allowed to take the deduction federally for that taxable year, then 80 percent of the amount in the taxable year the deduction is allowed is an addition. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 12. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read: new text begin Subd. 22. new text end new text begin Opportunity zones. new text end new text begin For amounts invested in or property acquired after December 31, 2026, the amount deferred or excluded pursuant to an election under section 1400Z-2(a) of the Internal Revenue Code is an addition. The addition must be in the year the gain would have been realized on the sale or exchange absent the treatment under section 1400Z-2(a) of the Internal Revenue Code. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 13. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision to read: new text begin Subd. 40. new text end new text begin Delayed domestic research and experimental expenditures. new text end new text begin (a) In each of the four taxable years immediately following the taxable year in which an addition is required under section 290.0131, subdivision 21, paragraph (a) or (c), or 290.0133, subdivision 16, paragraph (a) or (c), for a shareholder of a corporation that is an S corporation, an amount equal to one-fourth of the addition is a subtraction. new text end new text begin (b) For the amounts added under section 290.0131, subdivision 21, paragraph (b), an amount equal to the amount that would have been deducted under section 174 of the Internal Revenue Code, as amended through May 1, 2023, but for the election under Public Law 119-21, section 70302(f), is a subtraction. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 14. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision to read: new text begin Subd. 41. new text end new text begin Opportunity zones. new text end new text begin (a) If a taxpayer has an addition for property under section 290.0131, subdivision 22, the gain realized under section 1400Z-2(b) of the Internal Revenue Code for the same property is a subtraction. The subtraction must not exceed the amount added back for such property. new text end new text begin (b) If a taxpayer has a gain realized under section 1400Z-2(b) for property as to which the gain was previously realized and then adjusted under section 290.993, then the gain realized under section 1400Z-2(b) is a subtraction. The subtraction is limited to the amount previously realized under Minnesota law. The subtraction must be made in the tax period beginning after December 31, 2025, and before January 1, 2027. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 15. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision to read: new text begin Subd. 42. new text end new text begin Net CFC tested income. new text end new text begin The amount calculated under section 290.034, paragraph (a), is a subtraction. The subtraction must not exceed the amount of net CFC tested income calculated under section 290.034 for the taxable year. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 16. Minnesota Statutes 2024, section 290.0133, subdivision 11, is amended to read: Subd. 11. Bonus depreciation. 80 percent of the depreciation deduction allowed under section deleted text begin 168(k)(1)(A) and (k)(4)(A) deleted text end new text begin 168(k), (l), (m), and (n) new text end of the Internal Revenue Code is an addition. For purposes of this subdivision, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section deleted text begin 168(k)(1)(A) and (k)(4)(A) deleted text end new text begin 168(k), (l), (m), and (n) new text end and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section deleted text begin 168(k)(1)(A) and (k)(4)(A) deleted text end new text begin 168(k), (l), (m), and (n) new text end " for the taxable year is limited to excess of the depreciation claimed by the activity under section deleted text begin 168(k)(1)(A) and (k)(4)(A) deleted text end new text begin 168(k), (l), (m), and (n) new text end over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section deleted text begin 168(k)(1)(A) and (k)(4)(A) deleted text end new text begin 168(k), (l), (m), and (n) new text end is allowed. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 17. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision to read: new text begin Subd. 16. new text end new text begin Domestic research and experimental expenditures. new text end new text begin (a) Eighty percent of the amount immediately expensed, deducted, and allowed under section 174A(a) of the Internal Revenue Code is an addition. new text end new text begin (b) Any amount deducted under the transitional rules in Public Law 119-21, section 70302(f), is an addition. new text end new text begin (c) If a taxpayer generates a deduction under section 174A, but is not allowed to take the deduction federally for that taxable year, then 80 percent of the amount in the taxable year the deduction is allowed is an addition. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 18. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision to read: new text begin Subd. 17. new text end new text begin Opportunity zones. new text end new text begin For amounts invested in or property acquired after December 31, 2026, the amount deferred or excluded pursuant to an election under section 1400Z-2(a) of the Internal Revenue Code is an addition. The addition must be in the year the gain would have been realized on the sale or exchange absent the treatment under section 1400Z-2(a) of the Internal Revenue Code. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 19. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read: new text begin Subd. 21. new text end new text begin Delayed research and experimental expenditures. new text end new text begin (a) In each of the four taxable years immediately following the taxable year in which an addition is required under section 290.0133, subdivision 16, paragraph (a) or (c), an amount equal to one-fourth of the addition is a subtraction. new text end new text begin (b) For the amounts added under section 290.0133, subdivision 16, paragraph (b), an amount equal to the amount that would have been deducted under section 174 of the Internal Revenue Code, as amended through May 1, 2023, but for the election under Public Law 119-21, section 70302(f), is a subtraction. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 20. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read: new text begin Subd. 22. new text end new text begin Opportunity zones. new text end new text begin (a) If a taxpayer has an addition for property under section 290.0133, subdivision 17, the gain realized under section 1400Z-2(b) for the same property is a subtraction. The subtraction must not exceed the amount added back for such property. new text end new text begin (b) If a taxpayer has a gain realized under section 1400Z-2(b) for property as to which the gain was previously realized and then adjusted under section 290.993, then the gain realized under section 1400Z-2(b) is a subtraction. The subtraction is limited to the amount previously realized under Minnesota law. The subtraction must be made in the tax period beginning after December 31, 2025, and before January 1, 2027. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 21. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read: new text begin Subd. 23. new text end new text begin Net CFC tested income. new text end new text begin The amount calculated under section 290.034, paragraph (a), is a subtraction. The subtraction must not exceed the amount of net CFC tested income calculated under section 290.034 for the taxable year. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 22. Minnesota Statutes 2024, section 290.033, is amended to read: 290.033 NET INVESTMENT INCOME TAX. (a) For purposes of this section, "net investment income" has the meaning given in section 1411(c) of the Internal Revenue Code, deleted text begin excluding the net gain attributable to the disposition of property classified as class 2a under section 273.13, subdivision 23 . deleted text end new text begin except: new text end new text begin (1) the net gain attributable to the disposition of property that is classified as class 2a under section 273.13, subdivision 23, must be excluded; new text end new text begin (2) for amounts invested in or property acquired after December 31, 2026, the amount deferred or excluded pursuant to an election under section 1400Z-2(a) of the Internal Revenue Code must be added to net investment income. The addition must be made in the year the gain would have been realized on the sale or exchange absent the treatment under section 1400Z-2(a) of the Internal Revenue Code; and new text end new text begin (3) if a taxpayer has an addition under clause (2) or a gain that was deferred under section 1400Z-2(a) of the Internal Revenue Code, and the amount was previously realized under section 290.993, the gain realized under section 1400Z-2(b) is a subtraction. The subtraction is limited to the amount previously realized under Minnesota law. The subtraction must be made in the tax period beginning after December 31, 2025, and before January 1, 2027. new text end (b) In addition to the tax computed under section 290.06, subdivision 2c , a tax is imposed on the net investment income of individuals, estates, and trusts in excess of $1,000,000 at a rate of one percent. (c) For an individual who is not a Minnesota resident for the entire taxable year, the tax under this subdivision must be calculated as if the individual is a Minnesota resident for the entire year, and that amount must be multiplied by a fraction in which: (1) the numerator is net investment income allocable under section 290.17 to Minnesota; and (2) the denominator is the total amount of net investment income for the taxable year. (d) For an estate or trust, the tax on net investment income must be computed by multiplying the net investment income tax liability by a fraction, the numerator of which is the amount of the estate or trust's net investment income allocated to the state pursuant to the provisions of sections 290.17 , 290.191 , and 290.20 , and the denominator of which is the taxpayer's total net investment income. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 23. new text begin [290.034] NET CFC TESTED INCOME. new text end new text begin (a) The amount of net CFC tested income for Minnesota purposes is calculated as follows: new text end new text begin (1) any amounts included in federal taxable income pursuant to section 951A of the Internal Revenue Code; minus new text end new text begin (2) the amount calculated under section 951A(b)(2)(A) of the Internal Revenue Code, as amended through May 1, 2023. The calculation excludes section 951A(b)(2)(B). Any internal references to the calculation refer to the Internal Revenue Code as amended through May 1, 2023. new text end new text begin (b) The result of the calculation under paragraph (a) must not be less than zero. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 24. Minnesota Statutes 2025 Supplement, section 290.06, subdivision 2c, is amended to read: Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income taxes imposed by this chapter upon married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code must be computed by applying to their taxable net income the following schedule of rates: (1) On the first $38,770, 5.35 percent; (2) On all over $38,770, but not over $154,020, 6.8 percent; (3) On all over $154,020, but not over $269,010, 7.85 percent; (4) On all over $269,010, 9.85 percent. Married individuals filing separate returns, estates, and trusts must compute their income tax by applying the above rates to their taxable income, except that the income brackets will be one-half of the above amounts after the adjustment required in subdivision 2d. (b) The income taxes imposed by this chapter upon unmarried individuals must be computed by applying to taxable net income the following schedule of rates: (1) On the first $26,520, 5.35 percent; (2) On all over $26,520, but not over $87,110, 6.8 percent; (3) On all over $87,110, but not over $161,720, 7.85 percent; (4) On all over $161,720, 9.85 percent. (c) The income taxes imposed by this chapter upon unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code must be computed by applying to taxable net income the following schedule of rates: (1) On the first $32,650, 5.35 percent; (2) On all over $32,650, but not over $131,190, 6.8 percent; (3) On all over $131,190, but not over $214,980, 7.85 percent; (4) On all over $214,980, 9.85 percent. (d) In lieu of a tax computed according to the rates set forth in this subdivision, the tax of any individual taxpayer whose taxable net income for the taxable year is less than an amount determined by the commissioner must be computed in accordance with tables prepared and issued by the commissioner of revenue based on income brackets of not more than $100. The amount of tax for each bracket shall be computed at the rates set forth in this subdivision, provided that the commissioner may disregard a fractional part of a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1. (e) An individual who is not a Minnesota resident for the entire year must compute the individual's Minnesota income tax as provided in this subdivision. After the application of the nonrefundable credits provided in this chapter, the tax liability must then be multiplied by a fraction in which: (1) the numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code and increased by: (i) the additions required under sections 290.0131, subdivisions 2, 6, 8 to 10, 16, 17, 19, deleted text begin and deleted text end 20 , new text begin 21, and 22, new text end and 290.0137 , paragraph (a); and reduced by (ii) the Minnesota assignable portion of the subtraction for United States government interest under section 290.0132, subdivision 2 , the subtractions under sections 290.0132, subdivisions 9, 14, 15, 18, 27, 31, deleted text begin and deleted text end 32 , new text begin 40, 41, and 42, new text end and 290.0137 , paragraph (c), after applying the allocation and assignability provisions of section 290.081 , clause (a), or 290.17 ; and (2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code, increased by: (i) the additions required under sections 290.0131, subdivisions 2, 6, 8 to 10, 16, 17, 19, deleted text begin and deleted text end 20 , new text begin 21, and 22, new text end and 290.0137 , paragraph (a); and reduced by (ii) the subtractions under sections 290.0132, subdivisions 2, 9, 14, 15, 18, 27, 31, deleted text begin and deleted text end 32 , new text begin 40, 41, and 42, new text end and 290.0137 , paragraph (c). (f) If an individual who is not a Minnesota resident for the entire year is a qualifying owner of a qualifying entity that elects to pay tax as provided in section 289A.08, subdivision 7a , paragraph (b), the individual must compute the individual's Minnesota income tax as provided in paragraph (e), and also must include, to the extent attributed to the electing qualifying entity: (1) in paragraph (e), clause (1), item (i), and paragraph (e), clause (2), item (i), the addition under section 290.0131, subdivision 5 ; and (2) in paragraph (e), clause (1), item (ii), and paragraph (e), clause (2), item (ii), the subtraction under section 290.0132, subdivision 3 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 25. Minnesota Statutes 2025 Supplement, section 290.091, subdivision 2, is amended to read: Subd. 2. Definitions. For purposes of the tax imposed by this section, the following terms have the meanings given. (a) "Alternative minimum taxable income" means the sum of the following for the taxable year: (1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(1)(D) of the Internal Revenue Code; (2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding: (i) the charitable contribution deduction under section 170 of the Internal Revenue Code; (ii) the medical expense deduction; (iii) the casualty, theft, and disaster loss deduction; and (iv) the impairment-related work expenses of a person with a disability; (3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the taxable year (determined without regard to the depletion deduction for the taxable year); (4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue Code determined without regard to subparagraph (E); (5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.0131, subdivision 2 ; (6) the amount of addition required by section 290.0131, subdivisions 9 , 10, deleted text begin and deleted text end 16 new text begin , 21, and 22 new text end ; (7) the deduction allowed under section 199A of the Internal Revenue Code, to the extent not included in the addition required under clause (6); and (8) to the extent not included in federal alternative minimum taxable income, the amount of foreign-derived intangible income deducted under section 250 of the Internal Revenue Code; less the sum of the amounts determined under the following: (i) interest income as defined in section 290.0132, subdivision 2 ; (ii) an overpayment of state income tax as provided by section 290.0132, subdivision 3 , to the extent included in federal alternative minimum taxable income; (iii) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted in computing federal adjusted gross income; (iv) amounts subtracted from federal taxable or adjusted gross income as provided by section 290.0132, subdivisions 7 , 9 to 15, 17, 21, 24, 26 to 29, 31, and 34 to deleted text begin 39 deleted text end new text begin 42 new text end ; (v) the amount of the net operating loss allowed under section 290.095, subdivision 11 , paragraph (c); and (vi) the amount allowable as a Minnesota itemized deduction under section 290.0122, subdivision 7 . In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code, except alternative minimum taxable income must be increased by the addition in section 290.0131, subdivision 16 . (b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code. (c) "Net minimum tax" means the minimum tax imposed by this section. (d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section, section 290.033 , and section 290.032 ), reduced by the sum of the nonrefundable credits allowed under this chapter. (e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 26. Minnesota Statutes 2024, section 290.0921, subdivision 3, is amended to read: Subd. 3. Alternative minimum taxable income. "Alternative minimum taxable income" is Minnesota net income as defined in section 290.01, subdivision 19 , and includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e), (f), and (h) of the Internal Revenue Code. If a corporation files a separate company Minnesota tax return, the minimum tax must be computed on a separate company basis. If a corporation is part of a tax group filing a unitary return, the minimum tax must be computed on a unitary basis. The following adjustments must be made. (1) The portion of the depreciation deduction allowed for federal income tax purposes under section 168(k) of the Internal Revenue Code that is required as an addition under section 290.0133, subdivision 11 , is disallowed in determining alternative minimum taxable income. (2) The subtraction for depreciation allowed under section 290.0134, subdivision 13 , is allowed as a depreciation deduction in determining alternative minimum taxable income. (3) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d) of the Internal Revenue Code does not apply. (4) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal Revenue Code does not apply. (5) The tax preference for depletion under section 57(a)(1) of the Internal Revenue Code does not apply. (6) The tax preference for tax exempt interest under section 57(a)(5) of the Internal Revenue Code does not apply. (7) The tax preference for charitable contributions of appreciated property under section 57(a)(6) of the Internal Revenue Code does not apply. (8) For purposes of calculating the adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable income" as it is used in section 56(g) of the Internal Revenue Code, means alternative minimum taxable income as defined in this subdivision, determined without regard to the adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code. (9) For purposes of determining the amount of adjusted current earnings under section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under section 56(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign dividend gross-up subtracted as provided in section 290.0134 , subdivision 2, or (ii) the amount of refunds of income, excise, or franchise taxes subtracted as provided in section 290.0134, subdivision 8 . (10) Alternative minimum taxable income excludes the income from operating in a job opportunity building zone as provided under section 469.317 . Items of tax preference must not be reduced below zero as a result of the modifications in this subdivision. (11) The subtraction for disallowed section 280E expenses under section 290.0134 , subdivision 19, is allowed as a deduction in determining alternative minimum taxable income. new text begin (12) The subtraction for domestic research and experimental expenditures under section 290.0134, subdivision 21, is allowed as a deduction in determining alternative minimum taxable income. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 27. Minnesota Statutes 2024, section 290.21, subdivision 10, is amended to read: Subd. 10. deleted text begin Global intangible low-taxed deleted text end new text begin Net CFC tested new text end income. deleted text begin Any amounts deleted text end new text begin The amount new text end included in taxable income pursuant to section deleted text begin 951A of the Internal Revenue Code, are deleted text end new text begin 290.034 is new text end dividend income. new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 28. Minnesota Statutes 2024, section 290.92, subdivision 26, is amended to read: Subd. 26. Extension of withholding to certain payments where identifying number not furnished or inaccurate. (a) If, in the case of any reportable payment, (1) the payee fails to furnish the payee's Social Security account number to the payor, (2) the payee is subject to federal backup withholding on the reportable payment under section 3406 of the Internal Revenue Code, or (3) the commissioner notifies the payor that the Social Security account number furnished by the payee is incorrect, then the payor shall deduct and withhold from the payment a tax equal to the amount of the payment multiplied by the highest rate used in determining the income tax liability of an individual under section 290.06, subdivision 2c . (b)(1) In the case of any failure described in paragraph (a), clause (1), paragraph (a) shall apply to any reportable payment made by the payor during the period during which the Social Security account number has not been furnished. (2) In any case where there is a notification described in paragraph (a), clause (3), paragraph (a) shall apply to any reportable payment made by the payor (i) after the close of the 30th day after the day on which the payor received the notification, and (ii) before the payee furnishes another Social Security account number. (3)(i) Unless the payor elects not to have this clause apply with respect to the payee, paragraph (a), clause (1), shall also apply to any reportable payment made after the close of the period described in clause (1) or (2), as the case may be, and before the 30th day after the close of the period. (ii) If the payor elects the application of this clause with respect to the payee, paragraph (a) shall also apply to any reportable payment made during the 30-day period described in clause (2). (iii) The payor may elect a period shorter than the grace period set forth in item (i) or (ii), as the case may be. (c) The provisions of section 3406 of the Internal Revenue Code shall apply and shall govern when withholding shall be required and the definition of terms new text begin , except the threshold for reportable payments under sections 6041(a) and 6041A(a) of the Internal Revenue Code must be $600 instead of $2,000 new text end . The term "reportable payment" shall include only those payments for personal services. No tax shall be deducted or withheld under this subdivision with respect to any amount for which withholding is otherwise required under this section. For purposes of this section, payments which are subject to withholding under this subdivision shall be treated as if they were wages paid by an employer to an employee and amounts deducted and withheld under this subdivision shall be treated as if deducted and withheld under subdivision 2a. (d) Whenever the commissioner notifies a payor under this subdivision that the Social Security account number furnished by any payee is incorrect, the commissioner shall at the same time furnish a copy of the notice to the payor, and the payor shall promptly furnish the copy to the payee. If the commissioner notifies a payor under this subdivision that the Social Security account number furnished by any payee is incorrect and the payee subsequently furnishes another Social Security account number to the payor, the payor shall promptly notify the commissioner of the other Social Security account number furnished. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for payments made after December 31, 2025. new text end Sec. 29. Minnesota Statutes 2024, section 290A.03, subdivision 15, is amended to read: Subd. 15. Internal Revenue Code. "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through deleted text begin May 1, 2023 deleted text end new text begin March 1, 2026 new text end . new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end Sec. 30. Minnesota Statutes 2024, section 291.005, subdivision 1, is amended to read: Subdivision 1. Scope. Unless the context otherwise clearly requires, the following terms used in this chapter shall have the following meanings: (1) "Commissioner" means the commissioner of revenue or any person to whom the commissioner has delegated functions under this chapter. (2) "Federal gross estate" means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code, increased by the value of any property in which the decedent had a qualifying income interest for life and for which an election was made under section 291.03, subdivision 1d , for Minnesota estate tax purposes, but was not made for federal estate tax purposes. (3) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended through deleted text begin May 1, 2023 deleted text end new text begin March 1, 2026 new text end . (4) "Minnesota gross estate" means the federal gross estate of a decedent after (a) excluding therefrom any property included in the estate which has its situs outside Minnesota, and (b) including any property omitted from the federal gross estate which is includable in the estate, has its situs in Minnesota, and was not disclosed to federal taxing authorities. (5) "Nonresident decedent" means an individual whose domicile at the time of death was not in Minnesota. (6) "Personal representative" means the executor, administrator or other person appointed by the court to administer and dispose of the property of the decedent. If there is no executor, administrator or other person appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property having a situs in this state which is included in the federal gross estate of the decedent shall be deemed to be a personal representative to the extent of the property and the Minnesota estate tax due with respect to the property. (7) "Resident decedent" means an individual whose domicile at the time of death was in Minnesota. The provisions of section 290.01, subdivision 7 , paragraphs (c) and (d), apply to determinations of domicile under this chapter. (8) "Situs of property" means, with respect to: (i) real property, the state or country in which it is located; (ii) tangible personal property, the state or country in which it was normally kept or located at the time of the decedent's death or for a gift of tangible personal property within three years of death, the state or country in which it was normally kept or located when the gift was executed; (iii) a qualified work of art, as defined in section 2503(g)(2) of the Internal Revenue Code, owned by a nonresident decedent and that is normally kept or located in this state because it is on loan to an organization, qualifying as exempt from taxation under section 501(c)(3) of the Internal Revenue Code, that is located in Minnesota, the situs of the art is deemed to be outside of Minnesota, notwithstanding the provisions of item (ii); and (iv) intangible personal property, the state or country in which the decedent was domiciled at death or for a gift of intangible personal property within three years of death, the state or country in which the decedent was domiciled when the gift was executed. For a nonresident decedent with an ownership interest in a pass-through entity with assets that include real or tangible personal property, situs of the real or tangible personal property, including qualified works of art, is determined as if the pass-through entity does not exist and the real or tangible personal property is personally owned by the decedent. If the pass-through entity is owned by a person or persons in addition to the decedent, ownership of the property is attributed to the decedent in proportion to the decedent's capital ownership share of the pass-through entity. (9) "Pass-through entity" includes the following: (i) an entity electing S corporation status under section 1362 of the Internal Revenue Code; (ii) an entity taxed as a partnership under subchapter K of the Internal Revenue Code; (iii) a single-member limited liability company or similar entity, regardless of whether it is taxed as an association or is disregarded for federal income tax purposes under Code of Federal Regulations, title 26, section 301.7701-3; or (iv) a trust to the extent the property is includable in the decedent's federal gross estate; but excludes (v) an entity whose ownership interest securities are traded on an exchange regulated by the Securities and Exchange Commission as a national securities exchange under section 6 of the Securities Exchange Act, United States Code, title 15, section 78f. new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes. new text end ARTICLE 2 INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES Section 1. Minnesota Statutes 2024, section 41A.30, subdivision 1, is amended to read: Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Aircraft" has the meaning given in section 296A.01, subdivision 3 . (c) "Aviation gasoline" has the meaning given in section 296A.01, subdivision 7 . (d) "Commissioner" means the commissioner of agriculture. (e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8 . (f) "Qualifying taxpayer" means a taxpayer, as defined in section 290.01, subdivision 6, that is engaged in the business of: (1) producing sustainable aviation fuel; or (2) blending sustainable aviation fuel with aviation gasoline or jet fuel. (g) "Sustainable aviation fuel" means liquid fuel that: (1) is derived from new text begin : (i) new text end biomass, as defined in section 41A.15, subdivision 2e new text begin , that is produced in the United States, provided that the agricultural feedstocks are from planted crops and crop residue harvested from agricultural land cleared or cultivated any time prior to December 19, 2007, that is either actively managed or fallow; (ii) gaseous carbon oxides; or (iii) hydrogen that has a carbon intensity not greater than four kilograms of carbon dioxide equivalent per kilogram of hydrogen produced new text end ; (2) is not derived from palm fatty acid distillates; and (3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel as determined by a test that shows: (i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model that accounts for reduced emissions throughout the fuel production process; or (ii) that the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core life cycle emissions and the positive induced land use change values under the life cycle methodology for sustainable aviation fuels adopted by the International Civil Aviation Organization with the agreement of the United States. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, for sustainable aviation fuel sold after June 30, 2025. new text end Sec. 2. Minnesota Statutes 2024, section 41A.30, subdivision 2, is amended to read: Subd. 2. Tax credit establishment. (a) A qualifying taxpayer may claim a tax credit against the tax due under chapter 290 equal to $1.50 for each gallon of sustainable aviation fuel that is: (1) produced in Minnesota or blended with aviation or gasoline or jet fuel in Minnesota new text begin , provided that carbon oxides sequestered as part of the production process are not used as a tertiary injectant in the qualified enhanced oil recovery project new text end ; and (2) sold in Minnesota to a purchaser who certifies that the sustainable aviation fuel is for use as fuel in an aircraft departing from an airport in Minnesota. (b) The credit may be claimed only after approval and certification by the commissioner and is limited to the amount stated on the credit certificate issued under subdivision 3. A qualifying taxpayer must apply to the commissioner for certification and allocation of a credit in a form and manner prescribed by the commissioner. (c) A qualifying taxpayer may claim a credit for blending or producing sustainable aviation fuel, but not both. If sustainable aviation fuel is blended with aviation gasoline or jet fuel, the credit is allowed only for the portion of sustainable aviation fuel that is included in the blended fuel. (d) If the amount of credit that the taxpayer is eligible to receive under this section exceeds the liability for tax under chapter 290, the commissioner of revenue must refund the excess to the taxpayer. new text begin (e) Subject to the commissioner's certification, a qualifying taxpayer may claim a supplemental tax credit against the tax due under chapter 290 equal to the rate of $0.02 per gallon for each additional whole percentage carbon intensity reduction beyond 50 percent, but capped at $2.00 per gallon. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2024, for sustainable aviation fuel sold after June 30, 2025. new text end Sec. 3. Minnesota Statutes 2025 Supplement, section 41A.30, subdivision 5, is amended to read: Subd. 5. Allocation limits. (a) Subject to additional rollover allocation as provided in paragraph (b), for tax credits allowed under subdivision 2, the commissioner must not issue credit certificates for more than deleted text begin $11,600,000 deleted text end new text begin $24,300,000 new text end in total, allocated as follows: (1) $7,400,000 for fiscal year 2025; deleted text begin and deleted text end (2) $2,100,000 for deleted text begin each of deleted text end fiscal deleted text begin years 2026 and 2027. deleted text end new text begin year 2026; new text end new text begin (3) $7,400,000 for fiscal year 2027; new text end new text begin (4) $5,300,000 for fiscal year 2028; and new text end new text begin (5) $2,100,000 for each fiscal year thereafter. new text end (b) Any portion of a fiscal year's credits that is not allocated by the commissioner does not cancel and may be carried forward to subsequent fiscal years until all credits have been allocated new text begin until the entire allocation has been made new text end , except that the commissioner must not issue any credit certificates for fiscal years beginning after June 30, deleted text begin 2030 deleted text end new text begin 2035 new text end , and any unallocated amounts cancel on that date. new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for taxable years beginning after December 31, 2025. new text end Sec. 4. Minnesota Statutes 2024, section 41A.30, subdivision 7, is amended to read: Subd. 7. Expiration. This section expires for taxable years beginning after December 31, deleted text begin 2030 deleted text end new text begin 2035 new text end . new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 5. Minnesota Statutes 2024, section 289A.08, subdivision 7a, is amended to read: Subd. 7a. Pass-through entity tax. (a) For the purposes of this subdivision, the following terms have the meanings given: (1) "income" has the meaning given in section 290.01, subdivision 19 , paragraph (i). The income of a resident qualifying owner of a qualifying entity that is a partnership or limited liability company taxed as a partnership under the Internal Revenue Code is not subject to allocation outside this state as provided for resident individuals under section 290.17, subdivision 1 , paragraph (a). The income of a nonresident qualifying owner of a qualifying entity and the income of a resident qualifying owner of a qualifying entity that is an S corporation, including a qualified subchapter S subsidiary organized under section 1361(b)(3)(B) of the Internal Revenue Code, are allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17 , 290.191 , and 290.20 ; (2) "qualifying entity" means a partnership, limited liability company taxed as a partnership or S corporation, or S corporation including a qualified subchapter S subsidiary organized under section 1361(b)(3)(B) of the Internal Revenue Code that has at least one qualifying owner. Qualifying entity does not include a publicly traded partnership, as defined in section 7704 of the Internal Revenue Code; and (3) "qualifying owner" means: (i) a resident or nonresident individual or estate that is a partner, member, or shareholder of a qualifying entity; (ii) a resident or nonresident trust that is a shareholder of a qualifying entity that is an S corporation; or (iii) a disregarded entity that has a qualifying owner as its single owner. (b) For taxable years beginning after December 31, 2020, a qualifying entity may elect to file a return and pay the pass-through entity tax imposed under paragraph (c). The election: (1) must be made on or before the due date or extended due date of the qualifying entity's pass-through entity tax return; (2) must exclude partners, members, shareholders, or owners who are not qualifying owners; (3) may only be made by qualifying owners who collectively hold more than 50 percent of the ownership interests in the qualifying entity held by qualifying owners; (4) is binding on all qualifying owners who have an ownership interest in the qualifying entity; and (5) once made is irrevocable for the taxable year. (c) Subject to the election in paragraph (b), a pass-through entity tax is imposed on a qualifying entity in an amount equal to the sum of the tax liability of each qualifying owner. (d) The amount of a qualifying owner's tax liability under paragraph (c) is the amount of the qualifying owner's income multiplied by the highest tax rate for individuals under section 290.06, subdivision 2c . The computation of a qualifying owner's net investment income tax liability must be computed under section 290.033 . When making this determination: (1) nonbusiness deductions, standard deductions, or personal exemptions are not allowed; and (2) a credit or deduction is allowed only to the extent allowed to the qualifying owner. (e) The amount of each credit and deduction used to determine a qualifying owner's tax liability under paragraph (d) must also be used to determine that qualifying owner's income tax liability under chapter 290. (f) This subdivision does not negate the requirement that a qualifying owner pay estimated tax if the qualifying owner's tax liability would exceed the requirements set forth in section 289A.25 . The qualifying owner's liability to pay estimated tax on the qualifying owner's tax liability as determined under paragraph (d) is, however, satisfied when the qualifying entity pays estimated tax in the manner prescribed in section 289A.25 for composite estimated tax. (g) A qualifying owner's adjusted basis in the interest in the qualifying entity, and the treatment of distributions, is determined as if the election to pay the pass-through entity tax under paragraph (b) is not made. (h) To the extent not inconsistent with this subdivision, for purposes of this chapter, a pass-through entity tax return must be treated as a composite return and a qualifying entity filing a pass-through entity tax return must be treated as a partnership filing a composite return. (i) The provisions of subdivision 17 apply to the election to pay the pass-through entity tax under this subdivision. (j) If a nonresident qualifying owner of a qualifying entity making the election to file and pay the tax under this subdivision has no other Minnesota source income, filing of the pass-through entity tax return is a return for purposes of subdivision 1, provided that the nonresident qualifying owner must not have any Minnesota source income other than the income from the qualifying entity, other electing qualifying entities, and other partnerships electing to file a composite return under subdivision 7. If it is determined that the nonresident qualifying owner has other Minnesota source income, the inclusion of the income and tax liability for that owner under this provision will not constitute a return to satisfy the requirements of subdivision 1. The tax paid for the qualifying owner as part of the pass-through entity tax return is allowed as a payment of the tax by the qualifying owner on the date on which the pass-through entity tax return payment was made. (k) Once a credit is claimed by a qualifying owner under section 290.06, subdivision 40 , a qualifying entity cannot receive a refund for tax paid under this subdivision for any amounts claimed under that section by the qualifying owners. Once a credit is claimed under section 290.06, subdivision 40 , any refund must be claimed in conjunction with a return filed by the qualifying owner. deleted text begin (l) This subdivision expires at the same time and on the same terms as section 164(b)(6)(B) of the Internal Revenue Code, except that the expiration of this subdivision does not affect the commissioner's authority to audit or power of examination and assessments for credits claimed under this section. deleted text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2026. new text end Sec. 6. Minnesota Statutes 2024, section 290.01, subdivision 19, is amended to read: Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03 , and a corporation taxable under section 290.02 , the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136 . (b) For an individual, the term "net income" means federal adjusted gross income with the modifications provided in sections 290.0131 , 290.0132 , and 290.0135 to 290.0137 . (c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that: (1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply; (2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and (3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code. (d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code. (e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code. (f) The Internal Revenue Code of 1986, as amended through May 1, 2023, applies for taxable years beginning after December 31, 1996. (g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year. (h) In the case of a partnership electing to file a composite return under section 289A.08 , subdivision 7, "net income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.0131, subdivisions 8 to 10, 16, and 17, and the subtractions provided in: (1) section 290.0132, subdivisions 9 , 27, and 28, to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132 , subdivision 9, is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction. (i) In the case of a qualifying entity electing to pay the pass-through entity tax under section 289A.08, subdivision 7a , "net income" means the qualifying owner's share of federal adjusted gross income from the qualifying entity modified by the additions provided in section 290.0131, subdivisions 5 , 8 to 10, 16, and 17, and the subtractions provided in: (1) section 290.0132, subdivisions 3 , 9, 27, and 28, to the extent the amount is assignable or allocable to Minnesota under section 290.17 ; and (2) section 290.0132, subdivision 14 . The subtraction allowed under section 290.0132, subdivision 9 , is only allowed on the pass-through entity tax computation to the extent the qualifying owners would have been allowed the subtraction. deleted text begin The income of both a resident and nonresident qualifying owner is allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17 , 290.191 , and 290.20 . deleted text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 7. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read: new text begin Subd. 21. new text end new text begin Dependent flexible spending accounts. new text end new text begin For a taxpayer who claims the credit under section 290.067 or for a married taxpayer filing a separate return whose spouse claims the credit under section 290.067, the amount of dependent care assistance that is excluded from gross income under section 129 of the Internal Revenue Code is an addition. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 8. Minnesota Statutes 2025 Supplement, section 290.06, subdivision 23a, is amended to read: Subd. 23a. Pass-through entity tax paid to another state. (a) A credit is allowed against the tax imposed on a qualifying entity under section 289A.08, subdivision 7a , for pass-through entity tax paid to another state. The credit under this subdivision is allowed as a credit for taxes paid to another state under subdivision 22, paragraph (a), and may only be claimed by a qualifying owner. The credit allowed under this subdivision must be claimed in a manner prescribed by the commissioner. deleted text begin (b) This subdivision expires at the same time and on the same terms as section 164(b)(6)(B) of the Internal Revenue Code, except that the expiration of this subdivision does not affect the commissioner's authority to audit or power of examination and assessments for credits claimed under this section. deleted text end deleted text begin (c) deleted text end new text begin (b) new text end As used in this subdivision, the following terms have the meanings given: (1) "income" has the meaning provided in section 290.01, subdivision 19 , paragraph (i); (2) "pass-through entity tax" means an entity-level tax imposed on the income of a partnership, limited liability corporation, or S corporation; (3) "qualifying entity" has the meaning provided in section 289A.08, subdivision 7a , paragraph (a); and (4) "qualifying owner" has the meaning provided in section 289A.08, subdivision 7a , paragraph (b). new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, 2026. new text end Sec. 9. Minnesota Statutes 2024, section 290.06, subdivision 40, is amended to read: Subd. 40. Pass-through entity tax credit. (a) A qualifying owner of a qualifying entity that elects to pay the pass-through entity tax under section 289A.08, subdivision 7a , may claim a credit against the tax due under this chapter equal to the amount of the owner's tax liability as calculated under section 289A.08, subdivision 7a , paragraph (d). new text begin The commissioner may disallow a credit if the tax liability of the qualifying entity has not been paid. new text end (b) If the amount of the credit the taxpayer may claim under this subdivision exceeds the taxpayer's tax liability under this chapter, the commissioner of revenue shall refund the excess to the taxpayer. The amount necessary to pay the claim for the refund provided in this subdivision is appropriated from the general fund to the commissioner of revenue. (c) For purposes of this subdivision, "qualifying entity," "qualifying owner," and "tax liability" have the meanings given in section 289A.08, subdivision 7a , paragraphs (a) and (d). new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 10. Minnesota Statutes 2024, section 290.067, is amended to read: 290.067 DEPENDENT CARE CREDIT. Subdivision 1. Amount of credit. (a) A taxpayer may take as a credit against the tax due from the taxpayer and a spouse, if any, under this chapter an amount equal to deleted text begin the dependent care credit for which the taxpayer is eligible pursuant to the provisions of section 21 of the Internal Revenue Code except that in determining whether the child qualified as a dependent, income received as a Minnesota family investment program grant or allowance to or on behalf of the child must not be taken into account in determining whether the child received more than half of the child's support from the taxpayer deleted text end new text begin the taxpayer's eligible dependent care expenses, as determined under subdivisions 1a and 1b, multiplied by the taxpayer's credit percentage, as determined under subdivision 1c new text end . deleted text begin (b) If a child who has not attained the age of six years at the close of the taxable year is cared for at a licensed family day care home operated by the child's parent, the taxpayer is deemed to have paid employment-related expenses. If the child is 16 months old or younger at the close of the taxable year, the amount of expenses deemed to have been paid equals the maximum limit for one qualifying individual under section 21(c) and (d) of the Internal Revenue Code. If the child is older than 16 months of age but has not attained the age of six years at the close of the taxable year, the amount of expenses deemed to have been paid equals the amount the licensee would charge for the care of a child of the same age for the same number of hours of care. deleted text end deleted text begin (c) If a taxpayer: deleted text end deleted text begin (1) has a child who has not attained the age of one year at the close of the taxable year; and deleted text end deleted text begin (2) does not participate in a dependent care assistance program as defined in section 129 of the Internal Revenue Code, in lieu of the actual employment related expenses paid for that child under paragraph (a) or the deemed amount under paragraph (b), the lesser of (i) the earned income of the taxpayer or (ii) the amount of the maximum limit for one qualifying individual under section 21(c) and (d) of the Internal Revenue Code will be deemed to be the employment related expense paid for that child. The earned income limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed amount. These deemed amounts apply regardless of whether any employment-related expenses have been paid. deleted text end deleted text begin (d) If the taxpayer is not required and does not file a federal individual income tax return for the tax year, no credit is allowed for any amount paid to any person unless: deleted text end deleted text begin (1) the name, address, and taxpayer identification number of the person are included on the return claiming the credit; or deleted text end deleted text begin (2) if the person is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name and address of the person are included on the return claiming the credit. deleted text end deleted text begin In the case of a failure to provide the information required under the preceding sentence, the preceding sentence does not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information required. deleted text end deleted text begin (e) deleted text end new text begin (b) new text end In the case of a nonresident or part-year resident, the credit determined under new text begin this new text end section deleted text begin 21 of the Internal Revenue Code deleted text end must be allocated deleted text begin based on the ratio by which the earned income of the claimant and the claimant's spouse from Minnesota sources bears to the total earned income of the claimant and the claimant's spouse deleted text end new text begin using the percentage calculated in section 290.06, subdivision 2c, paragraph (e) new text end . deleted text begin (f) For residents of Minnesota, the subtractions for military pay under section 290.0132, subdivisions 11 and 12, are not considered "earned income not subject to tax under this chapter." deleted text end deleted text begin (g) For residents of Minnesota, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter." deleted text end deleted text begin (h) For taxpayers with federal adjusted gross income in excess of $52,230, the credit is equal to the lesser of the credit otherwise calculated under this subdivision, or the amount equal to $600 minus five percent of federal adjusted gross income in excess of $52,230 for taxpayers with one qualifying individual, or $1,200 minus five percent of federal adjusted gross income in excess of $52,230 for taxpayers with two or more qualifying individuals, but in no case is the credit less than zero. deleted text end new text begin (c) For the purposes of this section, the following terms have the meanings given: new text end new text begin (1) "employment-related expenses" has the meaning given in section 21(b)(2) of the Internal Revenue Code; new text end new text begin (2) "qualifying individual" has the meaning given in section 21(b)(1) of the Internal Revenue Code, except that in determining whether the child qualified as a dependent, income received as a Minnesota family investment program grant or allowance to or on behalf of the child must not be taken into account in determining whether the child received more than half of the child's support from the taxpayer; and new text end new text begin (3) "young child" means a qualifying individual who had not attained the age of five by December 31 of the taxable year. new text end new text begin Subd. 1a. new text end new text begin Eligible dependent care expenses. new text end new text begin (a) A taxpayer's eligible dependent care expenses equals the amount of employment-related expenses incurred during the taxable year, subject to the limitations in paragraph (b) and subdivision 1b. new text end new text begin (b) Except as provided in subdivision 1b, a taxpayer's eligible dependent care expenses are limited to: new text end new text begin (1) $3,000 if there was one qualifying individual with respect to the taxpayer; or new text end new text begin (2) $6,000 if there were two or more qualifying individuals with respect to the taxpayer. new text end new text begin Subd. 1b. new text end new text begin Eligible expenses for taxpayers with young children. new text end new text begin For taxable years beginning after December 31, 2025, and before January 1, 2034, for a taxpayer with a young child, the limit in subdivision 1a, paragraph (b), is increased as follows: new text end new text begin (1) for a taxpayer with one young child with respect to the taxpayer, the limit is increased by $3,000; new text end new text begin (2) for a taxpayer with two or more young children with respect to the taxpayer, the limit is increased by $6,000. new text end new text begin Subd. 1c. new text end new text begin Credit percentage. new text end new text begin (a) The credit percentage equals 50 percent, subject to the reductions in paragraphs (b) and (c). new text end new text begin (b) A taxpayer's credit percentage is reduced by one percentage point for each $1,000, or fraction thereof, by which the taxpayer's adjusted gross income exceeds $120,000. new text end new text begin (c) For a married taxpayer filing a separate return, the credit percentage must be calculated under paragraphs (a) and (b), except the adjusted gross income thresholds are one-half the amounts for other married filers, as adjusted for inflation under subdivision 2b. new text end Subd. 2b. Inflation adjustment. The commissioner shall annually adjust the dollar amount of the income threshold at which the deleted text begin maximum deleted text end credit new text begin percentage new text end begins to be reduced under subdivision deleted text begin 1 deleted text end new text begin 1c new text end as provided in section 270C.22 . The statutory year is taxable year deleted text begin 2019 deleted text end new text begin 2026 new text end . new text begin Subd. 2c. new text end new text begin Deemed expenses. new text end new text begin (a) If a child who has not attained the age of six years at the close of the taxable year is cared for at a licensed family day care home operated by the child's parent, the taxpayer is deemed to have paid employment-related expenses. The amount of expenses deemed to have been paid equals the amount the licensee would charge for the care of a child of the same age for the same number of hours of care up to the maximum eligible expenses allowed, as determined under subdivisions 1a and 1b. new text end new text begin (b) If a taxpayer, regardless of filing status: new text end new text begin (1) has a qualifying individual who has not attained the age of one year at the close of the taxable year; and new text end new text begin (2) used the deemed amount under paragraph (a) in lieu of the actual employment-related expenses paid for that child, the amount of deemed employment-related expenses equals the lesser of: new text end new text begin (i) the earned income of the taxpayer; or new text end new text begin (ii) the amount of the maximum limit for one qualified individual under subdivision 1a, as increased by subdivision 1b. new text end new text begin The earned income limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed amount. These deemed amounts apply regardless of whether any employment-related expenses have been paid. new text end Subd. 3. Credit to be refundable. If the amount of credit which a claimant would be eligible to receive pursuant to this subdivision exceeds the claimant's tax liability under this chapter, the excess amount of the credit shall be refunded to the claimant by the commissioner of revenue. The amount needed to pay the refunds required by this section is appropriated to the commissioner from the general fund. Subd. 4. Right to file claim. The right to file a claim under this section shall be personal to the claimant and shall not survive death, but such right may be exercised on behalf of a claimant by the claimant's legal guardian or attorney-in-fact. When a claimant dies after having filed a timely claim the amount thereof shall be disbursed to another member of the household as determined by the commissioner of revenue. If the claimant was the only member of a household, the claim may be paid to the claimant's personal representative, but if neither is appointed and qualified within two years of the filing of the claim, the amount of the claim shall escheat to the state. new text begin Subd. 5. new text end new text begin Employment-related expenses. new text end new text begin For the purposes of determining employment-related expenses, the provisions of section 21(d) of the Internal Revenue Code apply. new text end new text begin Subd. 6. new text end new text begin Special rules. new text end new text begin For purposes of this section, the special rules of section 21(e) of the Internal Revenue Code apply, except the special rule in section 21(e)(2) of the Internal Revenue Code, requiring married couples to file a joint return, does not apply. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December 31, 2025. new text end Sec. 11. new text begin REVIVAL AND REENACTMENT. new text end new text begin Minnesota Statutes, sections 289A.08, subdivision 7a, and 290.06, subdivision 23a, are revived and reenacted retroactively from January 1, 2026. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end ARTICLE 3 SALES AND USE TAXES AND GROSS RECEIPTS TAXES Section 1. new text begin [116J.4012] COUNCIL ON ARTIFICIAL INTELLIGENCE READINESS. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The Council on Artificial Intelligence Readiness is established to examine and mitigate the impacts of artificial intelligence on the state's workforce and economic development landscape and to allocate money for these purposes. new text end new text begin Subd. 2. new text end new text begin Membership; appointment. new text end new text begin (a) The council must consist of the following 11 members: new text end new text begin (1) the commissioner of employment and economic development or the commissioner's designee; new text end new text begin (2) the commissioner of information technology or the commissioner's designee; new text end new text begin (3) one member of the senate appointed by the senate majority leader; new text end new text begin (4) one member of the house of representatives appointed by the speaker of the house; new text end new text begin (5) one member appointed by the governor representing an entity with experience delivering workforce development services; new text end new text begin (6) one member appointed by the governor representing an entity with experience in economic development; new text end new text begin (7) one member appointed by the governor representing business or economic development; new text end new text begin (8) one member appointed by the governor from the University of Minnesota; and new text end new text begin (9) three members appointed by the governor with expertise in the field of artificial intelligence. new text end new text begin (b) Member compensation and reimbursement for expenses are governed by section 15.059, subdivision 3. new text end new text begin Subd. 3. new text end new text begin Chair; meetings. new text end new text begin (a) The commissioner of employment and economic development must convene the first meeting of the council no later than January 31, 2027. The commissioner of employment and economic development or the commissioner's designee shall chair the council. new text end new text begin (b) The council must meet at least quarterly. new text end new text begin (c) Council meetings are subject to the Open Meeting Law under chapter 13D. new text end new text begin Subd. 4. new text end new text begin Administrative support. new text end new text begin The commissioner of employment and economic development must provide administrative support and meeting space for the council. new text end new text begin Subd. 5. new text end new text begin Duties. new text end new text begin At a minimum, the council must: new text end new text begin (1) review current information on the adoption and expansion of artificial intelligence in Minnesota; new text end new text begin (2) analyze the impact of artificial intelligence on Minnesota's workforce; and new text end new text begin (3) allocate money from the artificial intelligence readiness account for the purposes provided under section 116J.4013. new text end new text begin Subd. 6. new text end new text begin Use of money. new text end new text begin The council must consider uses of money in the account to engage businesses in mitigating the effects of artificial intelligence and adopting and utilizing artificial intelligence if practical and to de-risk the hiring of workers, and to directly support businesses with training needs to hire workers impacted by artificial intelligence. new text end new text begin Subd. 7. new text end new text begin Report. new text end new text begin Beginning February 15, 2028, and each year thereafter, the council must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over workforce development and artificial intelligence. Each report must describe activities under subdivision 5; allocations from the artificial intelligence readiness account; and recipients, outcomes, and data resulting from the allocations. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 2. new text begin [116J.4013] ARTIFICIAL INTELLIGENCE READINESS ACCOUNT. new text end new text begin Subdivision 1. new text end new text begin Account creation. new text end new text begin The artificial intelligence readiness account is established in the special revenue fund in the state treasury. The account consists of money appropriated by law and any other money donated, allotted, transferred, or otherwise provided to the account. Earnings, including the interest, dividends, and any other earnings arising from assets of the account, are credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains in the account until expended. new text end new text begin Subd. 2. new text end new text begin Appropriation; uses. new text end new text begin Money in the artificial intelligence readiness account is appropriated to the commissioner of employment and economic development for allocation by the Council on Artificial Intelligence Readiness under section 116J.4012, unless otherwise appropriated in law or statute. new text end new text begin Subd. 3. new text end new text begin Administration. new text end new text begin (a) The commissioner of employment and economic development may retain up to three percent of revenues each fiscal year for staffing and administration of the Council on Artificial Intelligence Readiness under section 116J.4012 and any grants the council awards. The amount is appropriated each fiscal year from the artificial intelligence readiness account to the commissioner of employment and economic development for this purpose. new text end new text begin (b) The commissioner of revenue is appropriated $849,000 in fiscal year 2027 and $1,433,000 each fiscal year thereafter from the artificial intelligence readiness account for administration of the social media consumer data collection tax imposed under section 295.90. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 3. new text begin [295.85] HANDGUNS, FIREARMS, AND AMMUNITION. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Ammunition" means shells, cartridges, and any articles consisting of a projectile, explosive, and container that are designed, assembled, and ready for use without further manufacture in handguns and firearms. new text end new text begin (c) "Ammunition retailer" means a retailer that sells ammunition and that is a: new text end new text begin (1) retailer maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (a); new text end new text begin (2) marketplace provider maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (a); new text end new text begin (3) retailer not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (b); or new text end new text begin (4) marketplace provider not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (b). new text end new text begin (d) "Bundled transaction" means the retail sale of two or more products when the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. new text end new text begin (e) "Commissioner" means the commissioner of revenue. new text end new text begin (f) "Firearm" means any portable weapon, except a handgun as defined in paragraph (i), from which a shot, bullet, or other projectile may be discharged by an explosive. new text end new text begin (g) "Firearm retailer" means a retailer that sells a handgun or firearm and that is a: new text end new text begin (1) retailer maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (a); new text end new text begin (2) marketplace provider maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (a); new text end new text begin (3) retailer not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (b); or new text end new text begin (4) marketplace provider not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (b). new text end new text begin (h) "Gross receipts" means the total amount received in money or by barter or exchange for all handgun, firearm, and ammunition sales at retail as measured by the sales price. Gross receipts include but are not limited to delivery charges and packaging costs. Gross receipts do not include: new text end new text begin (1) any taxes imposed directly on the purchaser that are separately stated on the invoice, bill of sales, or similar document given to the purchaser; and new text end new text begin (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party and that are allowed by the seller and taken by a purchaser on a sale. new text end new text begin (i) "Handgun" means a pistol, revolver, or any short stock firearm that is designed to be held and fired by the use of a single hand. new text end new text begin (j) "Pistol" means a small projectile firearm that has a short one-hand stock or butt at an angle to the line of bore and a short barrel or barrels and is designed, made, and intended to be aimed and fired by the use of a single hand. new text end new text begin (k) "Retail sale" has the meaning given in section 297A.61, subdivision 4. new text end new text begin (l) "Revolver" means a small projectile firearm of the pistol type that has a breechloading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing. new text end new text begin Subd. 2. new text end new text begin Gross receipts tax imposed. new text end new text begin (a) A tax equal to ten percent of gross receipts from retail sales of handguns in Minnesota is imposed on any firearm retailer that sells firearms to purchasers. A firearm retailer may collect the tax imposed under this section from the purchaser. If separately stated on the receipt, invoice, bill of sale, or similar document given to the purchaser, the tax is excluded from the sales price for purposes of the tax imposed under chapter 297A. new text end new text begin (b) A tax equal to 11 percent of gross receipts from retail sales of firearms and ammunition in Minnesota is imposed on firearm retailers and ammunition retailers that sell these products to purchasers. A firearm retailer and ammunition retailer may collect the tax imposed by this section from the purchaser. If separately stated on the receipt, invoice, bill of sale, or similar document given to the purchaser, the tax is excluded from the sales price for purposes of the tax imposed under chapter 297A. new text end new text begin (c) If a product subject to the tax imposed under this section is included in a bundled transaction, the entire sales price of the bundled transaction is subject to the tax imposed under this section. new text end new text begin (d) The tax imposed under this section is in addition to any other tax imposed on the sale or use of handguns, firearms, or ammunition. new text end new text begin Subd. 3. new text end new text begin Use tax imposed; credit for taxes paid. new text end new text begin (a) A person who receives a handgun, firearm, or ammunition for use or storage in Minnesota, other than from a firearm retailer or ammunition retailer that paid the tax under subdivision 2, is subject to tax at the rate imposed under subdivision 2. Liability for the tax is incurred when the person has possession of the handgun, firearm, or ammunition in Minnesota. The tax must be remitted to the commissioner in the same manner prescribed for taxes imposed under chapter 297A. new text end new text begin (b) A person who has paid taxes to another state or any subdivision thereof measured by gross receipts and is subject to tax under this section on the same gross receipts is entitled to a credit for the tax legally due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by Minnesota on the gross receipts subject to tax in the other state or subdivision thereof. new text end new text begin Subd. 4. new text end new text begin Exemptions. new text end new text begin (a) The tax imposed in this section does not apply to sales of handguns, firearms, or ammunition if the handguns, firearms, or ammunition are purchased: new text end new text begin (1) for use by peace officers, as defined in section 626.84, subdivision 1, when used in operation of their employment as a peace officer; new text end new text begin (2) for use by members of the Minnesota National Guard when used in operation of their position as a member of the National Guard; or new text end new text begin (3) by the United States and its agencies and instrumentalities. new text end new text begin (b) Unless otherwise specified in this section, the exemptions applicable to taxes imposed under chapter 297A are not applicable to the taxes imposed under this section. new text end new text begin Subd. 5. new text end new text begin Tax collection required. new text end new text begin A firearm retailer with nexus in Minnesota that is not subject to the tax under subdivision 2, is required to collect the tax imposed under subdivision 3 from the purchaser of the handgun, firearm, or ammunition and give the purchaser a receipt for the tax paid. The tax collected must be remitted to the commissioner in the same manner prescribed for taxes imposed under chapter 297A. new text end new text begin Subd. 6. new text end new text begin Taxes paid to another state or any subdivision thereof; credit. new text end new text begin A firearm retailer that has paid taxes to another state or any subdivision thereof measured by gross receipts and is subject to tax under this section on the same gross receipts is entitled to a credit for the tax legally due and paid to another state or any subdivision thereof to the extent of the lesser of (1) the tax actually paid to the other state or any subdivision thereof, or (2) the amount of tax imposed by Minnesota on the gross receipts subject to tax in the other taxing state or any subdivision thereof. new text end new text begin Subd. 7. new text end new text begin Sourcing of sales. new text end new text begin Section 297A.668 applies to the taxes imposed by this section. new text end new text begin Subd. 8. new text end new text begin Administration. new text end new text begin Unless specifically provided otherwise, the audit, assessment, refund, penalty, interest, enforcement, collection remedy, appeal, and administrative provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter 297A apply to the tax imposed under this section. new text end new text begin Subd. 9. new text end new text begin Returns; payment of tax. new text end new text begin (a) A firearm retailer and ammunition retailer must report the tax on a return prescribed by the commissioner and must remit the tax in a form and manner prescribed by the commissioner. The return and the tax must be filed and paid using the filing cycle and due dates provided for taxes imposed under chapter 297A. new text end new text begin (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from the date of payment of the tax until the date the refund is paid or credited. For purposes of this subdivision, the date of payment is the due date of the return or the date of actual payment of the tax, whichever is later. new text end new text begin Subd. 10. new text end new text begin Deposit of revenues. new text end new text begin The commissioner must deposit all revenues, including penalties and interest, derived from the tax imposed by this section in the general fund. new text end new text begin Subd. 11. new text end new text begin Personal debt. new text end new text begin The tax imposed by this section, and interest and penalties imposed with respect to it, are a personal debt of the person required to file a return from the time that the liability for it arises, irrespective of when the time for payment of the liability occurs. The debt must, in the case of the executor or administrator of the estate of a decedent and in the case of a fiduciary, be that of the person in the person's official or fiduciary capacity only, unless the person has voluntarily distributed the assets held in that capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which event the person is personally liable for any deficiency. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after September 30, 2026. new text end Sec. 4. new text begin [295.86] HANDGUNS, FIREARMS, AND AMMUNITION LOCAL TAX PROHIBITED. new text end new text begin A political subdivision of this state is prohibited from imposing a tax solely on the sale of handguns, firearms, or ammunition, as defined in section 295.85, subdivision 1. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after September 30, 2026. new text end Sec. 5. new text begin [295.90] SOCIAL MEDIA CONSUMER DATA COLLECTION TAX. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Collects" means collects, engages, maintains, uses, processes, or shares. new text end new text begin (c) "Commissioner" means the commissioner of revenue. new text end new text begin (d) "Consumer" means an individual who establishes an account with a social media platform business or who accesses a social media platform through an account registered with a social media platform business and whose consumer data is collected by the social media platform business, regardless of whether the individual is charged for establishing the account. new text end new text begin (e) "Consumer data" means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked with a consumer, whether directly submitted to the social media platform business by the consumer or derived from other sources. new text end new text begin (f) "Minnesota consumer" means a consumer who is a resident of Minnesota. new text end new text begin (g) "Resident" has the meaning given in section 290.01, subdivision 7. new text end new text begin (h) "Social media platform" has the meaning given in section 325M.31, paragraph (j). new text end new text begin (i) "Social media platform business" means a for-profit entity that: (1) owns, controls, or operates a social media platform; and (2) collects consumer data in support of the entity's business activities. new text end new text begin Subd. 2. new text end new text begin Tax imposed. new text end new text begin A tax is imposed on social media platform businesses based on the number of Minnesota social media platform consumers from whom a social media platform business collects data within a month: new text end new text begin Minnesota consumers new text end new text begin Tax new text end new text begin Fewer than or equal to 100,000 new text end new text begin Zero; new text end new text begin Over 100,000 but not more than 500,000 new text end new text begin $0.10 per month on the number of Minnesota consumers over 100,000 but not more than 500,000; new text end new text begin Over 500,000 but not more than 1,000,000 new text end new text begin $40,000 plus $0.25 per month on the number of Minnesota consumers over 500,000 but not more than 1,000,000; and new text end new text begin Over 1,000,000 new text end new text begin $165,000 plus $0.50 per month on the number of Minnesota consumers over 1,000,000. new text end new text begin Subd. 3. new text end new text begin Business entities. new text end new text begin Business entities that are part of a controlled group of corporations as defined in section 1563(a) of the Internal Revenue Code shall be treated as a single entity for purposes of meeting the definition of a social media platform business under this section. The entities constituting the single taxpayer are jointly and severally liable for the tax. new text end new text begin Subd. 4. new text end new text begin Counting Minnesota consumers. new text end new text begin (a) A Minnesota consumer must be counted only once in the calculation of tax imposed under this section. Until the contrary is established, it is presumed that each account is an individual consumer. The burden of proving that multiple accounts are one consumer is on the social media platform business. new text end new text begin (b) The single member of a single member limited liability company must be treated as a consumer under this section. new text end new text begin (c) Until the contrary is established, it is presumed that a consumer whose information on record with or available to a social media platform business indicates a Minnesota home address, a Minnesota mailing address, or an internet protocol address connected with a Minnesota location is a Minnesota consumer for purposes of this section. The burden of proving that a consumer is not a Minnesota resident is on the social media platform business. new text end new text begin (d) A social media platform business and the commissioner may agree on a methodology for determining the number of Minnesota consumers for purposes of calculating the tax. new text end new text begin Subd. 5. new text end new text begin Credit against tax paid to another jurisdiction. new text end new text begin A social media platform business that has paid tax under this section may claim a credit against the tax paid with respect to a Minnesota consumer if another state imposes an excise tax identical to the tax imposed under this section with respect to the same consumer. new text end new text begin Subd. 6. new text end new text begin Record keeping. new text end new text begin A social media platform business must maintain records necessary to demonstrate compliance with this section or as required by the commissioner. new text end new text begin Subd. 7. new text end new text begin Administration. new text end new text begin Unless specifically provided otherwise, the audit, assessment, refund, penalty, interest, criminal penalty, enforcement, collection remedy, appeal, and administrative provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter 297A apply to the tax imposed under this section. new text end new text begin Subd. 8. new text end new text begin Returns; payment of tax. new text end new text begin (a) On or before the 20th of the month following the month that tax liability is incurred under subdivision 2, a social media platform business must report the tax on a return prescribed by the commissioner and must remit the tax in a form and manner prescribed by the commissioner. new text end new text begin (b) A social media platform business that owes tax imposed under this section must file a return in subsequent months until it reports no tax liability for 12 consecutive months. new text end new text begin (c) Interest must be paid on an overpayment refunded or credited to the taxpayer from the date of payment of the tax until the date the refund is paid or credited. For purposes of this subdivision, the date of payment is the due date of the return or the date of actual payment of the tax, whichever is later. new text end new text begin Subd. 9. new text end new text begin Deposit of revenues. new text end new text begin The commissioner must deposit the revenues, including penalties and interest, derived from the tax imposed under this section to the general fund. new text end new text begin Subd. 10. new text end new text begin Personal debt. new text end new text begin The tax imposed under this section, and interest and penalties imposed with respect to the tax, are a personal debt of the person required to file a return from the time that the liability for the tax arises, irrespective of when the time for payment of the liability occurs. The debt must, in the case of the executor or administrator of the estate of a decedent and in the case of a fiduciary, be that of the person in the person's official or fiduciary capacity only, unless the person has voluntarily distributed the assets held in that capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which event the person is personally liable for any deficiency. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for consumer data collected after December 31, 2026. new text end Sec. 6. Minnesota Statutes 2024, section 297A.61, subdivision 3, is amended to read: Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision. In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include the taxable services listed in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable. Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b). (b) Sale and purchase include: (1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and (2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more. (c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing. (d) Sale and purchase include the preparing for a consideration of food. Notwithstanding section 297A.67, subdivision 2 , taxable food includes, but is not limited to, the following: (1) prepared food sold by the retailer; (2) soft drinks; (3) candy; and (4) dietary supplements. (e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state. (f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise. (g) A sale and a purchase includes the furnishing for a consideration of the following services: (1) the privilege of admission to places of amusement, recreational areas, or athletic events, and the making available of amusement devices, tanning facilities, reducing salons, steam baths, health clubs, and spas or athletic facilities; (2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice and including accommodations intermediary services provided in connection with other services provided under this clause; (3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter; (4) the granting of membership in a club, association, or other organization if: (i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and (ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members. Granting of membership means both onetime initiation fees and periodic membership dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities; (5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block. For purposes of this clause, "road construction" means construction of: (i) public roads; (ii) cartways; and (iii) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign; and (6) services as provided in this clause: (i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer; (ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles; (iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services; (iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1 , or services provided by a nonprofit organization or any organization at the direction of a county for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections; (v) pet grooming services; (vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40 ; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable; (vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and (viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services. (h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions. (i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, and pay television services. Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669 : air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services. The services in this paragraph are taxed to the extent allowed under federal law. (j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed. (k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11. (l) A sale and a purchase includes furnishing for a consideration of specified digital products or other digital products or granting the right for a consideration to use specified digital products or other digital products on a temporary or permanent basis and regardless of whether the purchaser is required to make continued payments for such right. Wherever the term "tangible personal property" is used in this chapter, other than in subdivisions 10 and 38, the provisions also apply to specified digital products, or other digital products, unless specifically provided otherwise or the context indicates otherwise. (m) The sale of the privilege of admission under section 297A.61, subdivision 3 , paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event includes all charges included in the privilege of admission's sales price, without deduction for amenities that may be provided, unless the amenities are separately stated and the purchaser of the privilege of admission is entitled to add or decline the amenities, and the amenities are not otherwise taxable. (n) A sale and purchase includes the transfer for consideration of a taxable cannabis product as defined in section 295.81, subdivision 1 , paragraph (r). new text begin (o) A sale and purchase includes the furnishing for a consideration of the following services when purchased by a person other than a trade or business: new text end new text begin (1) accounting services, including but not limited to audit, bookkeeping, financial statement preparation, payroll, and tax return preparation services, but excluding tax preparation services used to claim the Minnesota child tax credit under section 290.0661 or the Minnesota working family credit under section 290.0671; new text end new text begin (2) banking and brokerage services, including but not limited to account maintenance fees, safety deposit boxes, credit card fees, loan servicing, payment services, wealth management, financial planning, retirement planning, trust management, and investment management, but excluding origination fees, overdraft fees, late fees, and the management of defined benefit pension funds; and new text end new text begin (3) legal services, including but not limited to attorney fees, paralegal and legal assistant services, law clerk services, notary fees, process serving, mediation and arbitration, and title search, but excluding legal aid services funded as described in section 480.242. new text end new text begin (p) A seller of the services listed in paragraph (o) must retain records identifying through reasonable and verifiable standards whether the services were purchased by a trade or business or a person other than a trade or business. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after September 30, 2026. new text end Sec. 7. Minnesota Statutes 2024, section 297A.62, subdivision 1, is amended to read: Subdivision 1. Generally. Except as otherwise provided in subdivision 3 or in this chapter, a sales tax of deleted text begin 6.5 deleted text end new text begin 6.425 new text end percent is imposed on the gross receipts from retail sales as defined in section 297A.61, subdivision 4 , made in this state or to a destination in this state by a person who is required to have or voluntarily obtains a permit under section 297A.83, subdivision 1 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after September 30, 2026. new text end Sec. 8. Minnesota Statutes 2024, section 297F.25, subdivision 1, is amended to read: Subdivision 1. Imposition. (a) A tax is imposed on distributors on the sale of cigarettes by a cigarette distributor to a retailer or cigarette subjobber for resale in this state. The tax is equal to deleted text begin the combined tax rate under section 297A.62 deleted text end new text begin 6.875 percent new text end , multiplied by the weighted average retail price and must be expressed in cents per pack rounded to the nearest one-tenth of a cent. The weighted average retail price must be determined annually, with new rates published by November 1, and effective for sales on or after January 1 of the following year. The weighted average retail price must be established by surveying cigarette retailers statewide in a manner and time determined by the commissioner. The commissioner shall make an inflation adjustment in accordance with the Consumer Price Index for all urban consumers inflation indicator as published in the most recent state budget forecast. The commissioner shall use the inflation factor for the calendar year in which the new tax rate takes effect. If the survey indicates that the average retail price of cigarettes has not increased relative to the average retail price in the previous year's survey, then the commissioner shall not make an inflation adjustment. The determination of the commissioner pursuant to this subdivision is not a "rule" and is not subject to the Administrative Procedure Act contained in chapter 14. For packs of cigarettes with other than 20 cigarettes, the tax must be adjusted proportionally. (b) Notwithstanding paragraph (a), and in lieu of a survey of cigarette retailers, the tax calculation of the weighted average retail price for the sales of cigarettes from August 1, 2011, through December 31, 2011, shall be calculated by: (1) increasing the average retail price per pack of 20 cigarettes from the most recent survey by the percentage change in a weighted average of the presumed legal prices for cigarettes during the year after completion of that survey, as reported and published by the Department of Commerce under section 325D.371 ; (2) subtracting the sales tax included in the retail price; and (3) adjusting for expected inflation. The rate must be published by May 1 and is effective for sales after July 31. If the weighted average of the presumed legal prices indicates that the average retail price of cigarettes has not increased relative to the average retail price in the most recent survey, then no inflation adjustment must be made. For packs of cigarettes with other than 20 cigarettes, the tax must be adjusted proportionally. new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after September 30, 2026. new text end ARTICLE 4 CANNABIS TAXES Section 1. Minnesota Statutes 2024, section 270C.726, subdivision 2, is amended to read: Subd. 2. Sales prohibited. Beginning the third business day after the list is posted, no cannabis cultivator, cannabis manufacturer, cannabis microbusiness, cannabis mezzobusiness, medical cannabis combination business, cannabis wholesaler, new text begin lower-potency hemp edible manufacturer, lower-potency hemp edible wholesaler, new text end or industrial hemp grower as defined in chapter 342 may sell or deliver any product to a taxpayer included on the posted list. new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after June 30, 2026. new text end Sec. 2. Minnesota Statutes 2024, section 270C.726, subdivision 3, is amended to read: Subd. 3. Penalty. A cannabis cultivator, cannabis manufacturer, cannabis microbusiness, cannabis mezzobusiness, medical cannabis combination business, cannabis wholesaler, new text begin lower-potency hemp edible manufacturer, lower-potency hemp edible wholesaler, new text end or industrial hemp grower as defined in chapter 342 who violates subdivision 2 is subject to the penalties provided in sections 342.19 and 342.21 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective for sales and purchases made after June 30, 2026. new text end Sec. 3. Minnesota Statutes 2024, section 295.81, subdivision 1, is amended to read: Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Bundled transaction" means the retail sale of two or more products when the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. (c) "Cannabis flower" has the meaning given in section 342.01, subdivision 16 . (d) "Cannabis product" has the meaning given in section 342.01, subdivision 20 . (e) "Cannabis solution product" means any cartridge, bottle, or other package that contains a taxable cannabis product in a solution that is consumed or meant to be consumed through the use of a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means that produces vapor or aerosol. A cannabis solution product includes any electronic delivery system, electronic vaping device, electronic vape pen, electronic oral device, electronic delivery device, or similar product or device, and any batteries, heating elements, or other components, parts, or accessories sold with and meant to be used in the consumption of a solution containing a taxable cannabis product. (f) "Cannabis mezzobusiness" means a cannabis business licensed under section 342.29 . (g) "Cannabis microbusiness" means a cannabis business licensed under section 342.28 . (h) "Cannabis retailer" means a cannabis business licensed under section 342.32 . (i) "Commissioner" means the commissioner of revenue. (j) "Gross receipts" means the total amount received in money or by barter or exchange for all taxable cannabis product sales at retail as measured by the sales price. Gross receipts include but are not limited to delivery charges and packaging costs. Gross receipts do not include: (1) any taxes imposed directly on the customer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser; and (2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party and that are allowed by the seller and taken by a purchaser on a sale. (k) "Hemp-derived consumer product" has the meaning given in section 342.01 , subdivision 37. (l) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision 50. (m) "Lower-potency hemp edible retailer" means a cannabis business licensed under section 342.43, subdivision 1 , clause (2). (n) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 54 . (o) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision 52. (p) "Medical cannabis paraphernalia" has the meaning given in section 342.01 , subdivision 55. new text begin (q) "Registry program" has the meaning given in section 342.01, subdivision 65. new text end deleted text begin (q) deleted text end new text begin (r) new text end "Retail sale" has the meaning given in section 297A.61, subdivision 4 . deleted text begin (r) deleted text end new text begin (s) new text end "Taxable cannabis product" means cannabis flower, cannabis product, cannabis solution product, hemp-derived consumer product, lower-potency hemp edible, and any substantially similar item. new text begin Taxable cannabis product does not include medical items purchased by or for a patient enrolled in the registry program or Tribal medical cannabis program, including medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia. new text end deleted text begin (s) deleted text end new text begin (t) new text end "Taxable cannabis product retailer" means a retailer that sells any taxable cannabis product, and includes a cannabis retailer, cannabis microbusiness, cannabis mezzobusiness, medical cannabis combination business, and lower-potency hemp edible retailer. Taxable cannabis product retailer includes but is not limited to a: (1) retailer maintaining a place of business in this state; (2) marketplace provider maintaining a place of business in this state, as defined in section 297A.66, subdivision 1 , paragraph (a); (3) retailer not maintaining a place of business in this state; and (4) marketplace provider not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1 , paragraph (b). new text begin (u) "Tribal medical cannabis program" has the meaning given in section 342.01, subdivision 69d. new text end new text begin EFFECTIVE DATE. new text end new text begin (a) For medical items purchased by or for a patient in the registry program, the amendment to paragraph (s) is effective the day following final enactment. new text end new text begin (b) For medical items purchased by or for a patient in a Tribal medical cannabis program, the amendment to paragraph (s) is effective for sales and purchases made after June 30, 2026. new text end new text begin (c) The addition of paragraphs (q) and (u) is effective for sales and purchases made after June 30, 2026. new text end Sec. 4. Minnesota Statutes 2024, section 295.81, subdivision 3, is amended to read: Subd. 3. Use tax imposed; credit for taxes paid. (a) A person that receives taxable cannabis products for use or storage in Minnesota, other than from a taxable cannabis product retailer that paid the tax under subdivision 2, is subject to tax at the rate imposed under subdivision 2. Liability for the tax is incurred when the person has possession of the taxable cannabis product in Minnesota. The tax must be remitted to the commissioner in the same manner prescribed for taxes imposed under chapter 297A. (b) A person that has paid taxes to another state or any subdivision thereof deleted text begin on the same transaction deleted text end new text begin measured by gross receipts new text end and is subject to tax under this section new text begin on the same gross receipts new text end is entitled to a credit for the tax legally due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by Minnesota on the deleted text begin transaction deleted text end new text begin gross receipts new text end subject to tax in the other state or subdivision thereof. new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 5. Minnesota Statutes 2024, section 295.81, subdivision 4, is amended to read: Subd. 4. Exemptions. (a) The use tax imposed under subdivision 3, paragraph (a), does not apply to the possession, use, or storage of taxable cannabis products if (1) the taxable cannabis products have an aggregate cost in any calendar month to the customer of $100 or less, and (2) the taxable cannabis products were carried into this state by the customer. new text begin If a customer carries taxable cannabis products having an aggregate cost in any calendar month of more than $100 into this state, the customer must pay the use tax imposed under subdivision 3, paragraph (a), on the entire monthly cost amount. new text end deleted text begin (b) The tax imposed under this section does not apply to sales of medical items purchased by or for a patient enrolled in the registry program, including medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia. deleted text end deleted text begin (c) deleted text end new text begin (b) new text end Unless otherwise specified in this section, the exemptions applicable to taxes imposed under chapter 297A are not applicable to the taxes imposed under this section. deleted text begin (d) deleted text end new text begin (c) new text end The tax imposed under this section does not apply to: (1) sales made on Tribally regulated land as defined in section 3.9228, subdivision 1 , by a cannabis business licensed by a Minnesota Tribal government, as defined in section 3.9228, subdivision 1 , paragraph (f); or (2) use tax owed on taxable cannabis products purchased on Tribally regulated land as defined in section 3.9228, subdivision 1 , from a cannabis business licensed by a Minnesota Tribal government as defined in section 3.9228, subdivision 1 , paragraph (f). new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 6. Minnesota Statutes 2024, section 295.81, subdivision 6, is amended to read: Subd. 6. Taxes paid to another state or any subdivision thereof; credit. A taxable cannabis product retailer that has paid taxes to another state or any subdivision thereof measured by gross receipts and is subject to tax under this section on the same gross receipts is entitled to a credit for the tax legally due and paid to another state or deleted text begin any deleted text end subdivision thereof to the extent of the lesser of (1) the tax actually paid to the other state or deleted text begin any deleted text end subdivision thereof, or (2) the amount of tax imposed by Minnesota on the gross receipts subject to tax in the other taxing state or deleted text begin any deleted text end subdivision thereof. new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 7. Minnesota Statutes 2024, section 295.81, subdivision 9, is amended to read: Subd. 9. Returns; payment of tax. (a) A taxable cannabis product retailer must report the tax on a return prescribed by the commissioner and must remit the tax in a form and manner prescribed by the commissioner. The return and the tax must be filed and paid using the filing cycle and due dates provided for taxes imposed under deleted text begin section 289A.20, subdivision 4, and deleted text end chapter 297A. (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from the date of payment of the tax until the date the refund is paid or credited. For purposes of this subdivision, the date of payment is the due date of the return or the date of actual payment of the tax, whichever is later. new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end ARTICLE 5 MISCELLANEOUS Section 1. new text begin ADMINISTRATIVE APPROPRIATIONS. new text end new text begin (a) $91,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of revenue to administer the gross receipts tax on handguns, firearms, and ammunition under Minnesota Statutes, section 295.85. The base for this appropriation is $170,000 in fiscal year 2028 and thereafter. new text end new text begin (b) $885,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of revenue for purposes of auditing pass-through entities. The base for this appropriation is $1,833,000 in fiscal year 2028 and thereafter. This appropriation is meant to supplement and not supplant existing funding. new text end new text begin (c) $912,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of revenue to administer this act. The base for this appropriation is $936,000 in fiscal year 2028 and $875,000 each fiscal year thereafter. This appropriation is meant to supplement and not supplant existing funding. new text end