Bill Text: MN HF2856 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Income and corporate franchise small business investment tax credit qualification requirements modified, and money appropriated.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-10 - Introduction and first reading, referred to Taxes [HF2856 Detail]
Download: Minnesota-2013-HF2856-Introduced.html
1.2relating to taxation; income and corporate franchise small business investment
1.3credit; modifying certain qualification requirements; appropriating money;
1.4amending Minnesota Statutes 2012, section 116J.8737, subdivisions 3, 5, 7, 9,
1.512; Minnesota Statutes 2013 Supplement, section 116J.8737, subdivisions 1, 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 116J.8737, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.10have the meanings given.
1.11(b) "Qualified small business" means a business that has been certified by the
1.12commissioner under subdivision 2.
1.13(c) "Qualified investor" means an investor who has been certified by the
1.14commissioner under subdivision 3.
1.15(d) "Qualified fund" means a pooled angel investment network fund that has been
1.16certified by the commissioner under subdivision 4.
1.17(e) "Qualified investment" means a cash investment in a qualified small business
1.18of a minimum of:
1.19(1) $10,000 in a calendar year by a qualified investor; or
1.20(2) $30,000 in a calendar year by a qualified fund.
1.21A qualified investment must be made in exchange for common stock, a partnership
1.22or membership interest, preferred stock, debt with mandatory conversion to equity, or an
1.23equivalent ownership interest as determined by the commissioner.
1.24(f) "Family" means a family member within the meaning of the Internal Revenue
1.25Code, section 267(c)(4).
2.1(g) "Pass-through entity" means a corporation that for the applicable taxable year is
2.2treated as an S corporation or a general partnership, limited partnership, limited liability
2.3partnership, trust, or limited liability company and which for the applicable taxable year is
2.4not taxed as a corporation under chapter 290.
2.5(h) "Intern" means a student of an accredited institution of higher education, or a
2.6former student who has graduated in the past six months from an accredited institution
2.7of higher education, who is employed by a qualified small business in a nonpermanent
2.8position for a duration of nine months or less that provides training and experience in the
2.9primary business activity of the business.
2.10(i) "Liquidation event" means a conversion of qualified investment for cash, cash
2.11and other consideration, or any other form of equity or debt interest.
2.12(j) "Immediate family member" means a spouse, child, parent, brother, or sister.
2.13(k) "Qualified greater Minnesota business" means a qualified small business that
2.14is also certified by the commissioner as a qualified greater Minnesota business under
2.15subdivision 2, paragraph (h).
2.16EFFECTIVE DATE.This section is effective the day following final enactment for
2.17taxable years beginning after December 31, 2014.
2.18 Sec. 2. Minnesota Statutes 2013 Supplement, section 116J.8737, subdivision 2, is
2.19amended to read:
2.20 Subd. 2. Certification of qualified small businesses. (a) Businesses may apply
2.21to the commissioner for certification as a qualified small business or qualified greater
2.22Minnesota small business for a calendar year. The application must be in the form
2.23and be made under the procedures specified by the commissioner, accompanied by an
2.24application fee of $150. Application fees are deposited in the small business investment
2.25tax credit administration account in the special revenue fund. The application for
2.26certification for 2010 must be made available on the department's Web site by August 1,
2.272010. Applications for subsequent years' certification must be made available on the
2.28department's Web site by November 1 of the preceding year.
2.29(b) Within 30 days of receiving an application for certification under this subdivision,
2.30the commissioner must either certify the business as satisfying the conditions required
2.31of a qualified small business, or qualified greater Minnesota small business, request
2.32additional information from the business, or reject the application for certification. If
2.33the commissioner requests additional information from the business, the commissioner
2.34must either certify the business or reject the application within 30 days of receiving the
2.35additional information. If the commissioner neither certifies the business nor rejects
3.1the application within 30 days of receiving the original application or within 30 days of
3.2receiving the additional information requested, whichever is later, then the application is
3.3deemed rejected, and the commissioner must refund the $150 application fee. A business
3.4that applies for certification and is rejected may reapply.
3.5(c) To receive certification as a qualified small business, a business must satisfy
3.6all of the following conditions:
3.7(1) the business has its headquarters in Minnesota;
3.8(2) at least 51 percent of the business's employees are employed in Minnesota, and
3.951 percent of the business's total payroll is paid or incurred in the state;
3.10(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
3.11in one of the following as its primary business activity:
3.12(i) using proprietary technology to add value to a product, process, or service in a
3.13qualified high-technology field;
3.14(ii) researching or developing a proprietary product, process, or service in a qualified
3.15high-technology field; or
3.16(iii) researching, developing, or producing a new proprietary technology for use in
3.17the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
3.18(4) other than the activities specifically listed in clause (3), the business is not
3.19engaged in real estate development, insurance, banking, lending, lobbying, political
3.20consulting, information technology consulting, wholesale or retail trade, leisure,
3.21hospitality, transportation, construction, ethanol production from corn, or professional
3.22services provided by attorneys, accountants, business consultants, physicians, or health
3.23care consultants;
3.24(5) the business has fewer than 25 employees;
3.25(6) the business must pay its employees annual wages of at least 175 percent of the
3.26federal poverty guideline for the year for a family of four and must pay its interns annual
3.27wages of at least 175 percent of the federal minimum wage used for federally covered
3.28employers, except that this requirement must be reduced proportionately for employees
3.29and interns who work less than full-time, and does not apply to an executive, officer, or
3.30member of the board of the business, or to any employee who owns, controls, or holds
3.31power to vote more than 20 percent of the outstanding securities of the business;
3.32(7) the business has (i) not been in operation for more than ten years, or (ii) not
3.33been in operation for more than 20 years if the business is engaged in the research,
3.34development, or production of medical devices or pharmaceuticals for which United
3.35States Food and Drug Administration approval is required for use in the treatment or
3.36diagnosis of a disease or condition;
4.1(8) the business has not previously received private equity investments of more
4.2than $4,000,000;
4.3 (9) the business is not an entity disqualified under section80A.50 , paragraph (b),
4.4clause (3); and
4.5(10) the business has not issued securities that are traded on a public exchange.
4.6(d) In applying the limit under paragraph (c), clause (5), the employees in all members
4.7of the unitary business, as defined in section290.17, subdivision 4 , must be included.
4.8(e) In order for a qualified investment in a business to be eligible for tax credits:
4.9(1) the business must have applied for and received certification for the calendar
4.10year in which the investment was made prior to the date on which the qualified investment
4.11was made;
4.12(2) the business must not have issued securities that are traded on a public exchange;
4.13(3) the business must not issue securities that are traded on a public exchange within
4.14180 days after the date on which the qualified investment was made; and
4.15(4) the business must not have a liquidation event within 180 days after the date on
4.16which the qualified investment was made.
4.17(f) The commissioner must maintain a list of qualified small businesses and qualified
4.18greater Minnesota businesses certified under this subdivision for the calendar year and
4.19make the list accessible to the public on the department's Web site.
4.20(g) For purposes of this subdivision, the following terms have the meanings given:
4.21(1) "qualified high-technology field" includes aerospace, agricultural processing,
4.22renewable energy, energy efficiency and conservation, environmental engineering, food
4.23technology, cellulosic ethanol, information technology, materials science technology,
4.24nanotechnology, telecommunications, biotechnology, medical device products,
4.25pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
4.26fields;and
4.27(2) "proprietary technology" means the technical innovations that are unique and
4.28legally owned or licensed by a business and includes, without limitation, those innovations
4.29that are patented, patent pending, a subject of trade secrets, or copyrighted.; and
4.30(3) "greater Minnesota" means the area of Minnesota located outside of the
4.31metropolitan area as defined in section 473.121, subdivision 2.
4.32(h) To receive certification as a qualified greater Minnesota business, a business must
4.33satisfy all of the requirements of paragraph (c) and must satisfy the following conditions:
4.34(1) the business has its headquarters in greater Minnesota; and
4.35(2) at least 51 percent of the business's employees are employed in greater Minnesota,
4.36and 51 percent of the business's total payroll is paid or incurred in greater Minnesota.
5.1EFFECTIVE DATE.This section is effective the day following final enactment for
5.2taxable years beginning after December 31, 2014.
5.3 Sec. 3. Minnesota Statutes 2012, section 116J.8737, subdivision 3, is amended to read:
5.4 Subd. 3. Certification of qualified investors. (a) Investors may apply to the
5.5commissioner for certification as a qualified investor for a taxable year. The application
5.6must be in the form and be made under the procedures specified by the commissioner,
5.7accompanied by an application fee of $350. Application fees are deposited in the small
5.8business investment tax credit administration account in the special revenue fund. The
5.9application for certification for 2010 must be made available on the department's Web
5.10site by August 1, 2010. Applications for subsequent years' certification must be made
5.11available on the department's Web site by November 1 of the preceding year.
5.12(b) Within 30 days of receiving an application for certification under this subdivision,
5.13the commissioner must either certify the investor as satisfying the conditions required
5.14of a qualified investor, request additional information from the investor, or reject the
5.15application for certification. If the commissioner requests additional information from the
5.16investor, the commissioner must either certify the investor or reject the application within
5.1730 days of receiving the additional information. If the commissioner neither certifies the
5.18investor nor rejects the application within 30 days of receiving the original application or
5.19within 30 days of receiving the additional information requested, whichever is later, then
5.20the application is deemed rejected, and the commissioner must refund the $350 application
5.21fee. An investor who applies for certification and is rejected may reapply.
5.22(c) To receive certification, an investor must (1) be a natural person;and (2) certify
5.23to the commissioner that the investor will only invest in a transaction that is exempt under
5.24section80A.46 , clause (13) or (14), or in a security registered under section
80A.50 ,
5.25paragraph (b); and (3) not be a founder, officer, principal, or immediate family member of
5.26a founder, officer, or principal of the qualifying business.
5.27(d) In order for a qualified investment in a qualified small business to be eligible
5.28for tax credits, a qualified investor who makes the investment must have applied for
5.29and received certification for the calendar year prior to making the qualified investment,
5.30except in the case of an investor who is not an accredited investor, within the meaning of
5.31Regulation D of the Securities and Exchange Commission, Code of Federal Regulations,
5.32title 17, section 230.501, paragraph (a), application for certification may be made within
5.3330 days after making the qualified investment.
5.34EFFECTIVE DATE.This section is effective the day following final enactment for
5.35taxable years beginning after December 31, 2014.
6.1 Sec. 4. Minnesota Statutes 2012, section 116J.8737, subdivision 5, is amended to read:
6.2 Subd. 5. Credit allowed. (a) A qualified investor or qualified fund is eligible for
6.3a credit equal to 25 percent of the qualified investment in a qualified small business.
6.4Investments made by a pass-through entity qualify for a credit only if the entity is a
6.5qualified fund. The commissioner must not allocate more than $11,000,000 in credits to
6.6qualified investors or qualified funds for taxable years beginning after December 31, 2009,
6.7and before January 1, 2011, and; must not allocate more than $12,000,000 in credits per
6.8year for taxable years beginning after December 31, 2010, and before January 1, 2015; and
6.9must not allocate more than $15,000,000 in credits per year for taxable years beginning
6.10after December 31, 2014, and before January 1, 2017. For taxable years beginning after
6.11December 31, 2014, and before January 1, 2017, $7,500,000 must be allocated to credits
6.12for qualifying investments in qualified greater Minnesota businesses and minority- or
6.13women-owned qualified small businesses in Minnesota. Any portion of a taxable year's
6.14credits that is not allocated by the commissioner does not cancel and may be carried
6.15forward to subsequent taxable years until all credits have been allocated.
6.16(b) The commissioner may not allocate more than a total maximum amount in credits
6.17for a taxable year to a qualified investor for the investor's cumulative qualified investments
6.18as an individual qualified investor and as an investor in a qualified fund; for married
6.19couples filing joint returns the maximum is $250,000, and for all other filers the maximum
6.20is $125,000. The commissioner may not allocate more than a total of $1,000,000 in credits
6.21over all taxable years for qualified investments in any one qualified small business.
6.22(c) The commissioner may not allocate a credit to a qualified investor either as an
6.23individual qualified investor or as an investor in a qualified fund if the investor receives
6.24more than 50 percent of the investor's gross annual income from the qualified small
6.25business in which the qualified investment is proposed. A member of the family of an
6.26individual disqualified by this paragraph is not eligible for a credit under this section. For
6.27a married couple filing a joint return, the limitations in this paragraph apply collectively
6.28to the investor and spouse. For purposes of determining the ownership interest of an
6.29investor under this paragraph, the rules under section 267(c) and 267(e) of the Internal
6.30Revenue Code apply.
6.31(d) Applications for tax credits for 2010 must be made available on the department's
6.32Web site by September 1, 2010, and the department must begin accepting applications
6.33by September 1, 2010. Applications for subsequent years must be made available by
6.34November 1 of the preceding year.
6.35(e) Qualified investors and qualified funds must apply to the commissioner for tax
6.36credits. Tax credits must be allocated to qualified investors or qualified funds in the order
7.1that the tax credit request applications are filed with the department. The commissioner
7.2must approve or reject tax credit request applications within 15 days of receiving the
7.3application. The investment specified in the application must be made within 60 days of
7.4the allocation of the credits. If the investment is not made within 60 days, the credit
7.5allocation is canceled and available for reallocation. A qualified investor or qualified fund
7.6that fails to invest as specified in the application, within 60 days of allocation of the
7.7credits, must notify the commissioner of the failure to invest within five business days of
7.8the expiration of the 60-day investment period.
7.9(f) All tax credit request applications filed with the department on the same day must
7.10be treated as having been filed contemporaneously. If two or more qualified investors or
7.11qualified funds file tax credit request applications on the same day, and the aggregate
7.12amount of credit allocation claims exceeds the aggregate limit of credits under this section
7.13or the lesser amount of credits that remain unallocated on that day, then the credits must
7.14be allocated among the qualified investors or qualified funds who filed on that day on a
7.15pro rata basis with respect to the amounts claimed. The pro rata allocation for any one
7.16qualified investor or qualified fund is the product obtained by multiplying a fraction,
7.17the numerator of which is the amount of the credit allocation claim filed on behalf of
7.18a qualified investor and the denominator of which is the total of all credit allocation
7.19claims filed on behalf of all applicants on that day, by the amount of credits that remain
7.20unallocated on that day for the taxable year.
7.21(g) A qualified investor or qualified fund, or a qualified small business acting on their
7.22behalf, must notify the commissioner when an investment for which credits were allocated
7.23has been made, and the taxable year in which the investment was made. A qualified fund
7.24must also provide the commissioner with a statement indicating the amount invested by
7.25each investor in the qualified fund based on each investor's share of the assets of the
7.26qualified fund at the time of the qualified investment. After receiving notification that the
7.27investment was made, the commissioner must issue credit certificates for the taxable year
7.28in which the investment was made to the qualified investor or, for an investment made by
7.29a qualified fund, to each qualified investor who is an investor in the fund. The certificate
7.30must state that the credit is subject to revocation if the qualified investor or qualified
7.31fund does not hold the investment in the qualified small business for at least three years,
7.32consisting of the calendar year in which the investment was made and the two following
7.33years. The three-year holding period does not apply if:
7.34(1) the investment by the qualified investor or qualified fund becomes worthless
7.35before the end of the three-year period;
8.1(2) 80 percent or more of the assets of the qualified small business is sold before
8.2the end of the three-year period;
8.3(3) the qualified small business is sold before the end of the three-year period; or
8.4(4) the qualified small business's common stock begins trading on a public exchange
8.5before the end of the three-year period.
8.6(h) The commissioner must notify the commissioner of revenue of credit certificates
8.7issued under this section.
8.8EFFECTIVE DATE.This section is effective the day following final enactment for
8.9taxable years beginning after December 31, 2014.
8.10 Sec. 5. Minnesota Statutes 2012, section 116J.8737, subdivision 7, is amended to read:
8.11 Subd. 7. Revocation of credits. (a) If the commissioner determines that a
8.12qualified investor or qualified fund did not meet the three-year holding period required in
8.13subdivision 5, paragraph (g), any credit allocated and certified to the investor or fund is
8.14revoked and must be repaid by the investor.
8.15(b) If the commissioner determines that a business did not meet the employment
8.16and payroll requirements in subdivision 2, paragraph (c), clause (2), or paragraph (h), as
8.17applicable, in any of the five calendar years following the year in which an investment in the
8.18business that qualified for a tax credit under this section was made, the business must repay
8.19the following percentage of the credits allowed for qualified investments in the business:
8.28(c) The commissioner must notify the commissioner of revenue of every credit
8.29revoked and subject to full or partial repayment under this section.
8.30(d) For the repayment of credits allowed under this section and section290.0692 ,
8.31a qualified small business, qualified investor, or investor in a qualified fund must file an
8.32amended return with the commissioner of revenue and pay any amounts required to be
8.33repaid within 30 days after becoming subject to repayment under this section.
8.34EFFECTIVE DATE.This section is effective the day following final enactment for
8.35taxable years beginning after December 31, 2014.
9.1 Sec. 6. Minnesota Statutes 2012, section 116J.8737, subdivision 9, is amended to read:
9.2 Subd. 9. Report to legislature. Beginning in 2011, the commissioner must
9.3annually report by March 15 to the chairs and ranking minority members of the legislative
9.4committees having jurisdiction over taxes and economic development in the senate and
9.5the house of representatives, in compliance with sections3.195 and
3.197 , on the tax
9.6credits issued under this section. The report must include:
9.7(1) the number and amount of the credits issued;
9.8(2) the recipients of the credits;
9.9(3) for each qualified small business or qualified greater Minnesota business, its
9.10location, line of business, and if it received an investment resulting in certification of
9.11tax credits;
9.12(4) the total amount of investment in each qualified small business resulting in
9.13certification of tax credits;
9.14(5) for each qualified small business that received investments resulting in tax
9.15credits, the total amount of additional investment that did not qualify for the tax credit;
9.16(6) the number and amount of credits revoked under subdivision 7;
9.17(7) the number and amount of credits that are no longer subject to the three-year
9.18holding period because of the exceptions under subdivision 5, paragraph (g), clauses
9.19(1) to (4); and
9.20(8) any other information relevant to evaluating the effect of these credits.
9.21EFFECTIVE DATE.This section is effective the day following final enactment for
9.22taxable years beginning after December 31, 2014.
9.23 Sec. 7. Minnesota Statutes 2012, section 116J.8737, subdivision 12, is amended to read:
9.24 Subd. 12. Sunset. This section expires for taxable years beginning after December
9.2531,2014 2016, except that reporting requirements under subdivision 6 and revocation
9.26of credits under subdivision 7 remain in effect through2016 2018 for qualified
9.27investors and qualified funds, and through2018 2020 for qualified small businesses,
9.28reporting requirements under subdivision 9 remain in effect through2019 2021, and the
9.29appropriation in subdivision 11 remains in effect through2018 2020.
9.30EFFECTIVE DATE.This section is effective the day following final enactment.
1.3credit; modifying certain qualification requirements; appropriating money;
1.4amending Minnesota Statutes 2012, section 116J.8737, subdivisions 3, 5, 7, 9,
1.512; Minnesota Statutes 2013 Supplement, section 116J.8737, subdivisions 1, 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 116J.8737, subdivision 1,
1.8is amended to read:
1.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.10have the meanings given.
1.11(b) "Qualified small business" means a business that has been certified by the
1.12commissioner under subdivision 2.
1.13(c) "Qualified investor" means an investor who has been certified by the
1.14commissioner under subdivision 3.
1.15(d) "Qualified fund" means a pooled angel investment network fund that has been
1.16certified by the commissioner under subdivision 4.
1.17(e) "Qualified investment" means a cash investment in a qualified small business
1.18of a minimum of:
1.19(1) $10,000 in a calendar year by a qualified investor; or
1.20(2) $30,000 in a calendar year by a qualified fund.
1.21A qualified investment must be made in exchange for common stock, a partnership
1.22or membership interest, preferred stock, debt with mandatory conversion to equity, or an
1.23equivalent ownership interest as determined by the commissioner.
1.24(f) "Family" means a family member within the meaning of the Internal Revenue
1.25Code, section 267(c)(4).
2.1(g) "Pass-through entity" means a corporation that for the applicable taxable year is
2.2treated as an S corporation or a general partnership, limited partnership, limited liability
2.3partnership, trust, or limited liability company and which for the applicable taxable year is
2.4not taxed as a corporation under chapter 290.
2.5(h) "Intern" means a student of an accredited institution of higher education, or a
2.6former student who has graduated in the past six months from an accredited institution
2.7of higher education, who is employed by a qualified small business in a nonpermanent
2.8position for a duration of nine months or less that provides training and experience in the
2.9primary business activity of the business.
2.10(i) "Liquidation event" means a conversion of qualified investment for cash, cash
2.11and other consideration, or any other form of equity or debt interest.
2.12(j) "Immediate family member" means a spouse, child, parent, brother, or sister.
2.13(k) "Qualified greater Minnesota business" means a qualified small business that
2.14is also certified by the commissioner as a qualified greater Minnesota business under
2.15subdivision 2, paragraph (h).
2.16EFFECTIVE DATE.This section is effective the day following final enactment for
2.17taxable years beginning after December 31, 2014.
2.18 Sec. 2. Minnesota Statutes 2013 Supplement, section 116J.8737, subdivision 2, is
2.19amended to read:
2.20 Subd. 2. Certification of qualified small businesses. (a) Businesses may apply
2.21to the commissioner for certification as a qualified small business or qualified greater
2.22Minnesota small business for a calendar year. The application must be in the form
2.23and be made under the procedures specified by the commissioner, accompanied by an
2.24application fee of $150. Application fees are deposited in the small business investment
2.25tax credit administration account in the special revenue fund. The application for
2.26certification for 2010 must be made available on the department's Web site by August 1,
2.272010. Applications for subsequent years' certification must be made available on the
2.28department's Web site by November 1 of the preceding year.
2.29(b) Within 30 days of receiving an application for certification under this subdivision,
2.30the commissioner must either certify the business as satisfying the conditions required
2.31of a qualified small business
2.32additional information from the business, or reject the application for certification. If
2.33the commissioner requests additional information from the business, the commissioner
2.34must either certify the business or reject the application within 30 days of receiving the
2.35additional information. If the commissioner neither certifies the business nor rejects
3.1the application within 30 days of receiving the original application or within 30 days of
3.2receiving the additional information requested, whichever is later, then the application is
3.3deemed rejected, and the commissioner must refund the $150 application fee. A business
3.4that applies for certification and is rejected may reapply.
3.5(c) To receive certification as a qualified small business, a business must satisfy
3.6all of the following conditions:
3.7(1) the business has its headquarters in Minnesota;
3.8(2) at least 51 percent of the business's employees are employed in Minnesota, and
3.951 percent of the business's total payroll is paid or incurred in the state;
3.10(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
3.11in one of the following as its primary business activity:
3.12(i) using proprietary technology to add value to a product, process, or service in a
3.13qualified high-technology field;
3.14(ii) researching or developing a proprietary product, process, or service in a qualified
3.15high-technology field; or
3.16(iii) researching, developing, or producing a new proprietary technology for use in
3.17the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
3.18(4) other than the activities specifically listed in clause (3), the business is not
3.19engaged in real estate development, insurance, banking, lending, lobbying, political
3.20consulting, information technology consulting, wholesale or retail trade, leisure,
3.21hospitality, transportation, construction, ethanol production from corn, or professional
3.22services provided by attorneys, accountants, business consultants, physicians, or health
3.23care consultants;
3.24(5) the business has fewer than 25 employees;
3.25(6) the business must pay its employees annual wages of at least 175 percent of the
3.26federal poverty guideline for the year for a family of four and must pay its interns annual
3.27wages of at least 175 percent of the federal minimum wage used for federally covered
3.28employers, except that this requirement must be reduced proportionately for employees
3.29and interns who work less than full-time, and does not apply to an executive, officer, or
3.30member of the board of the business, or to any employee who owns, controls, or holds
3.31power to vote more than 20 percent of the outstanding securities of the business;
3.32(7) the business has (i) not been in operation for more than ten years, or (ii) not
3.33been in operation for more than 20 years if the business is engaged in the research,
3.34development, or production of medical devices or pharmaceuticals for which United
3.35States Food and Drug Administration approval is required for use in the treatment or
3.36diagnosis of a disease or condition;
4.1(8) the business has not previously received private equity investments of more
4.2than $4,000,000;
4.3 (9) the business is not an entity disqualified under section
4.4clause (3); and
4.5(10) the business has not issued securities that are traded on a public exchange.
4.6(d) In applying the limit under paragraph (c), clause (5), the employees in all members
4.7of the unitary business, as defined in section
4.8(e) In order for a qualified investment in a business to be eligible for tax credits:
4.9(1) the business must have applied for and received certification for the calendar
4.10year in which the investment was made prior to the date on which the qualified investment
4.11was made;
4.12(2) the business must not have issued securities that are traded on a public exchange;
4.13(3) the business must not issue securities that are traded on a public exchange within
4.14180 days after the date on which the qualified investment was made; and
4.15(4) the business must not have a liquidation event within 180 days after the date on
4.16which the qualified investment was made.
4.17(f) The commissioner must maintain a list of qualified small businesses and qualified
4.18greater Minnesota businesses certified under this subdivision for the calendar year and
4.19make the list accessible to the public on the department's Web site.
4.20(g) For purposes of this subdivision, the following terms have the meanings given:
4.21(1) "qualified high-technology field" includes aerospace, agricultural processing,
4.22renewable energy, energy efficiency and conservation, environmental engineering, food
4.23technology, cellulosic ethanol, information technology, materials science technology,
4.24nanotechnology, telecommunications, biotechnology, medical device products,
4.25pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
4.26fields;
4.27(2) "proprietary technology" means the technical innovations that are unique and
4.28legally owned or licensed by a business and includes, without limitation, those innovations
4.29that are patented, patent pending, a subject of trade secrets, or copyrighted
4.30(3) "greater Minnesota" means the area of Minnesota located outside of the
4.31metropolitan area as defined in section 473.121, subdivision 2.
4.32(h) To receive certification as a qualified greater Minnesota business, a business must
4.33satisfy all of the requirements of paragraph (c) and must satisfy the following conditions:
4.34(1) the business has its headquarters in greater Minnesota; and
4.35(2) at least 51 percent of the business's employees are employed in greater Minnesota,
4.36and 51 percent of the business's total payroll is paid or incurred in greater Minnesota.
5.1EFFECTIVE DATE.This section is effective the day following final enactment for
5.2taxable years beginning after December 31, 2014.
5.3 Sec. 3. Minnesota Statutes 2012, section 116J.8737, subdivision 3, is amended to read:
5.4 Subd. 3. Certification of qualified investors. (a) Investors may apply to the
5.5commissioner for certification as a qualified investor for a taxable year. The application
5.6must be in the form and be made under the procedures specified by the commissioner,
5.7accompanied by an application fee of $350. Application fees are deposited in the small
5.8business investment tax credit administration account in the special revenue fund. The
5.9application for certification for 2010 must be made available on the department's Web
5.10site by August 1, 2010. Applications for subsequent years' certification must be made
5.11available on the department's Web site by November 1 of the preceding year.
5.12(b) Within 30 days of receiving an application for certification under this subdivision,
5.13the commissioner must either certify the investor as satisfying the conditions required
5.14of a qualified investor, request additional information from the investor, or reject the
5.15application for certification. If the commissioner requests additional information from the
5.16investor, the commissioner must either certify the investor or reject the application within
5.1730 days of receiving the additional information. If the commissioner neither certifies the
5.18investor nor rejects the application within 30 days of receiving the original application or
5.19within 30 days of receiving the additional information requested, whichever is later, then
5.20the application is deemed rejected, and the commissioner must refund the $350 application
5.21fee. An investor who applies for certification and is rejected may reapply.
5.22(c) To receive certification, an investor must (1) be a natural person;
5.23to the commissioner that the investor will only invest in a transaction that is exempt under
5.24section
5.25paragraph (b); and (3) not be a founder, officer, principal, or immediate family member of
5.26a founder, officer, or principal of the qualifying business.
5.27(d) In order for a qualified investment in a qualified small business to be eligible
5.28for tax credits, a qualified investor who makes the investment must have applied for
5.29and received certification for the calendar year prior to making the qualified investment,
5.30except in the case of an investor who is not an accredited investor, within the meaning of
5.31Regulation D of the Securities and Exchange Commission, Code of Federal Regulations,
5.32title 17, section 230.501, paragraph (a), application for certification may be made within
5.3330 days after making the qualified investment.
5.34EFFECTIVE DATE.This section is effective the day following final enactment for
5.35taxable years beginning after December 31, 2014.
6.1 Sec. 4. Minnesota Statutes 2012, section 116J.8737, subdivision 5, is amended to read:
6.2 Subd. 5. Credit allowed. (a) A qualified investor or qualified fund is eligible for
6.3a credit equal to 25 percent of the qualified investment in a qualified small business.
6.4Investments made by a pass-through entity qualify for a credit only if the entity is a
6.5qualified fund. The commissioner must not allocate more than $11,000,000 in credits to
6.6qualified investors or qualified funds for taxable years beginning after December 31, 2009,
6.7and before January 1, 2011
6.8year for taxable years beginning after December 31, 2010, and before January 1, 2015; and
6.9must not allocate more than $15,000,000 in credits per year for taxable years beginning
6.10after December 31, 2014, and before January 1, 2017. For taxable years beginning after
6.11December 31, 2014, and before January 1, 2017, $7,500,000 must be allocated to credits
6.12for qualifying investments in qualified greater Minnesota businesses and minority- or
6.13women-owned qualified small businesses in Minnesota. Any portion of a taxable year's
6.14credits that is not allocated by the commissioner does not cancel and may be carried
6.15forward to subsequent taxable years until all credits have been allocated.
6.16(b) The commissioner may not allocate more than a total maximum amount in credits
6.17for a taxable year to a qualified investor for the investor's cumulative qualified investments
6.18as an individual qualified investor and as an investor in a qualified fund; for married
6.19couples filing joint returns the maximum is $250,000, and for all other filers the maximum
6.20is $125,000. The commissioner may not allocate more than a total of $1,000,000 in credits
6.21over all taxable years for qualified investments in any one qualified small business.
6.22(c) The commissioner may not allocate a credit to a qualified investor either as an
6.23individual qualified investor or as an investor in a qualified fund if the investor receives
6.24more than 50 percent of the investor's gross annual income from the qualified small
6.25business in which the qualified investment is proposed. A member of the family of an
6.26individual disqualified by this paragraph is not eligible for a credit under this section. For
6.27a married couple filing a joint return, the limitations in this paragraph apply collectively
6.28to the investor and spouse. For purposes of determining the ownership interest of an
6.29investor under this paragraph, the rules under section 267(c) and 267(e) of the Internal
6.30Revenue Code apply.
6.31(d) Applications for tax credits for 2010 must be made available on the department's
6.32Web site by September 1, 2010, and the department must begin accepting applications
6.33by September 1, 2010. Applications for subsequent years must be made available by
6.34November 1 of the preceding year.
6.35(e) Qualified investors and qualified funds must apply to the commissioner for tax
6.36credits. Tax credits must be allocated to qualified investors or qualified funds in the order
7.1that the tax credit request applications are filed with the department. The commissioner
7.2must approve or reject tax credit request applications within 15 days of receiving the
7.3application. The investment specified in the application must be made within 60 days of
7.4the allocation of the credits. If the investment is not made within 60 days, the credit
7.5allocation is canceled and available for reallocation. A qualified investor or qualified fund
7.6that fails to invest as specified in the application, within 60 days of allocation of the
7.7credits, must notify the commissioner of the failure to invest within five business days of
7.8the expiration of the 60-day investment period.
7.9(f) All tax credit request applications filed with the department on the same day must
7.10be treated as having been filed contemporaneously. If two or more qualified investors or
7.11qualified funds file tax credit request applications on the same day, and the aggregate
7.12amount of credit allocation claims exceeds the aggregate limit of credits under this section
7.13or the lesser amount of credits that remain unallocated on that day, then the credits must
7.14be allocated among the qualified investors or qualified funds who filed on that day on a
7.15pro rata basis with respect to the amounts claimed. The pro rata allocation for any one
7.16qualified investor or qualified fund is the product obtained by multiplying a fraction,
7.17the numerator of which is the amount of the credit allocation claim filed on behalf of
7.18a qualified investor and the denominator of which is the total of all credit allocation
7.19claims filed on behalf of all applicants on that day, by the amount of credits that remain
7.20unallocated on that day for the taxable year.
7.21(g) A qualified investor or qualified fund, or a qualified small business acting on their
7.22behalf, must notify the commissioner when an investment for which credits were allocated
7.23has been made, and the taxable year in which the investment was made. A qualified fund
7.24must also provide the commissioner with a statement indicating the amount invested by
7.25each investor in the qualified fund based on each investor's share of the assets of the
7.26qualified fund at the time of the qualified investment. After receiving notification that the
7.27investment was made, the commissioner must issue credit certificates for the taxable year
7.28in which the investment was made to the qualified investor or, for an investment made by
7.29a qualified fund, to each qualified investor who is an investor in the fund. The certificate
7.30must state that the credit is subject to revocation if the qualified investor or qualified
7.31fund does not hold the investment in the qualified small business for at least three years,
7.32consisting of the calendar year in which the investment was made and the two following
7.33years. The three-year holding period does not apply if:
7.34(1) the investment by the qualified investor or qualified fund becomes worthless
7.35before the end of the three-year period;
8.1(2) 80 percent or more of the assets of the qualified small business is sold before
8.2the end of the three-year period;
8.3(3) the qualified small business is sold before the end of the three-year period; or
8.4(4) the qualified small business's common stock begins trading on a public exchange
8.5before the end of the three-year period.
8.6(h) The commissioner must notify the commissioner of revenue of credit certificates
8.7issued under this section.
8.8EFFECTIVE DATE.This section is effective the day following final enactment for
8.9taxable years beginning after December 31, 2014.
8.10 Sec. 5. Minnesota Statutes 2012, section 116J.8737, subdivision 7, is amended to read:
8.11 Subd. 7. Revocation of credits. (a) If the commissioner determines that a
8.12qualified investor or qualified fund did not meet the three-year holding period required in
8.13subdivision 5, paragraph (g), any credit allocated and certified to the investor or fund is
8.14revoked and must be repaid by the investor.
8.15(b) If the commissioner determines that a business did not meet the employment
8.16and payroll requirements in subdivision 2, paragraph (c), clause (2), or paragraph (h), as
8.17applicable, in any of the five calendar years following the year in which an investment in the
8.18business that qualified for a tax credit under this section was made, the business must repay
8.19the following percentage of the credits allowed for qualified investments in the business:
8.28(c) The commissioner must notify the commissioner of revenue of every credit
8.29revoked and subject to full or partial repayment under this section.
8.30(d) For the repayment of credits allowed under this section and section
8.31a qualified small business, qualified investor, or investor in a qualified fund must file an
8.32amended return with the commissioner of revenue and pay any amounts required to be
8.33repaid within 30 days after becoming subject to repayment under this section.
8.34EFFECTIVE DATE.This section is effective the day following final enactment for
8.35taxable years beginning after December 31, 2014.
9.1 Sec. 6. Minnesota Statutes 2012, section 116J.8737, subdivision 9, is amended to read:
9.2 Subd. 9. Report to legislature. Beginning in 2011, the commissioner must
9.3annually report by March 15 to the chairs and ranking minority members of the legislative
9.4committees having jurisdiction over taxes and economic development in the senate and
9.5the house of representatives, in compliance with sections
9.6credits issued under this section. The report must include:
9.7(1) the number and amount of the credits issued;
9.8(2) the recipients of the credits;
9.9(3) for each qualified small business or qualified greater Minnesota business, its
9.10location, line of business, and if it received an investment resulting in certification of
9.11tax credits;
9.12(4) the total amount of investment in each qualified small business resulting in
9.13certification of tax credits;
9.14(5) for each qualified small business that received investments resulting in tax
9.15credits, the total amount of additional investment that did not qualify for the tax credit;
9.16(6) the number and amount of credits revoked under subdivision 7;
9.17(7) the number and amount of credits that are no longer subject to the three-year
9.18holding period because of the exceptions under subdivision 5, paragraph (g), clauses
9.19(1) to (4); and
9.20(8) any other information relevant to evaluating the effect of these credits.
9.21EFFECTIVE DATE.This section is effective the day following final enactment for
9.22taxable years beginning after December 31, 2014.
9.23 Sec. 7. Minnesota Statutes 2012, section 116J.8737, subdivision 12, is amended to read:
9.24 Subd. 12. Sunset. This section expires for taxable years beginning after December
9.2531,
9.26of credits under subdivision 7 remain in effect through
9.27investors and qualified funds, and through
9.28reporting requirements under subdivision 9 remain in effect through
9.29appropriation in subdivision 11 remains in effect through
9.30EFFECTIVE DATE.This section is effective the day following final enactment.
