Bill Text: MN HF59 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Military retirement pay income tax subtraction provided.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2013-03-06 - Committee report, to pass and re-refer to Taxes [HF59 Detail]
Download: Minnesota-2013-HF59-Introduced.html
1.2relating to taxation; income; providing a military retirement pay subtraction;
1.3amending Minnesota Statutes 2012, sections 290.01, subdivision 19b; 290.091,
1.4subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 290.01, subdivision 19b, is amended to read:
1.7 Subd. 19b. Subtractions from federal taxable income. For individuals, estates,
1.8and trusts, there shall be subtracted from federal taxable income:
1.9 (1) net interest income on obligations of any authority, commission, or
1.10instrumentality of the United States to the extent includable in taxable income for federal
1.11income tax purposes but exempt from state income tax under the laws of the United States;
1.12 (2) if included in federal taxable income, the amount of any overpayment of income
1.13tax to Minnesota or to any other state, for any previous taxable year, whether the amount
1.14is received as a refund or as a credit to another taxable year's income tax liability;
1.15 (3) the amount paid to others, less the amount used to claim the credit allowed under
1.16section290.0674 , not to exceed $1,625 for each qualifying child in grades kindergarten
1.17to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
1.18transportation of each qualifying child in attending an elementary or secondary school
1.19situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
1.20resident of this state may legally fulfill the state's compulsory attendance laws, which
1.21is not operated for profit, and which adheres to the provisions of the Civil Rights Act
1.22of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
1.23tuition as defined in section290.0674, subdivision 1 , clause (1). As used in this clause,
1.24"textbooks" includes books and other instructional materials and equipment purchased
2.1or leased for use in elementary and secondary schools in teaching only those subjects
2.2legally and commonly taught in public elementary and secondary schools in this state.
2.3Equipment expenses qualifying for deduction includes expenses as defined and limited in
2.4section290.0674, subdivision 1 , clause (3). "Textbooks" does not include instructional
2.5books and materials used in the teaching of religious tenets, doctrines, or worship, the
2.6purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
2.7or materials for, or transportation to, extracurricular activities including sporting events,
2.8musical or dramatic events, speech activities, driver's education, or similar programs. No
2.9deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
2.10the qualifying child's vehicle to provide such transportation for a qualifying child. For
2.11purposes of the subtraction provided by this clause, "qualifying child" has the meaning
2.12given in section 32(c)(3) of the Internal Revenue Code;
2.13 (4) income as provided under section290.0802 ;
2.14 (5) to the extent included in federal adjusted gross income, income realized on
2.15disposition of property exempt from tax under section290.491 ;
2.16 (6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
2.17of the Internal Revenue Code in determining federal taxable income by an individual
2.18who does not itemize deductions for federal income tax purposes for the taxable year, an
2.19amount equal to 50 percent of the excess of charitable contributions over $500 allowable
2.20as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
2.21under the provisions of Public Law 109-1 and Public Law 111-126;
2.22 (7) for individuals who are allowed a federal foreign tax credit for taxes that do not
2.23qualify for a credit under section290.06, subdivision 22 , an amount equal to the carryover
2.24of subnational foreign taxes for the taxable year, but not to exceed the total subnational
2.25foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
2.26"federal foreign tax credit" means the credit allowed under section 27 of the Internal
2.27Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
2.28under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
2.29the extent they exceed the federal foreign tax credit;
2.30 (8) in each of the five tax years immediately following the tax year in which an
2.31addition is required under subdivision 19a, clause (7), or 19c, clause (15), in the case of a
2.32shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
2.33delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
2.34of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
2.35clause (15), in the case of a shareholder of an S corporation, minus the positive value of
3.1any net operating loss under section 172 of the Internal Revenue Code generated for the
3.2tax year of the addition. The resulting delayed depreciation cannot be less than zero;
3.3 (9) job opportunity building zone income as provided under section469.316 ;
3.4 (10) to the extent included in federal taxable income, the amount of compensation
3.5paid to members of the Minnesota National Guard or other reserve components of the
3.6United States military for active service, excluding compensation for services performed
3.7under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
3.8service" means (i) state active service as defined in section190.05, subdivision 5a , clause
3.9(1); or (ii) federally funded state active service as defined in section190.05, subdivision
3.105b , but "active service" excludes service performed in accordance with section
190.08,
3.11subdivision 3 ;
3.12 (11) to the extent included in federal taxable income, the amount of compensation
3.13paid to Minnesota residents who are members of the armed forces of the United States
3.14or United Nations for active duty performed under United States Code, title 10; or the
3.15authority of the United Nations;
3.16 (12) an amount, not to exceed $10,000, equal to qualified expenses related to a
3.17qualified donor's donation, while living, of one or more of the qualified donor's organs
3.18to another person for human organ transplantation. For purposes of this clause, "organ"
3.19means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
3.20"human organ transplantation" means the medical procedure by which transfer of a human
3.21organ is made from the body of one person to the body of another person; "qualified
3.22expenses" means unreimbursed expenses for both the individual and the qualified donor
3.23for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
3.24may be subtracted under this clause only once; and "qualified donor" means the individual
3.25or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
3.26individual may claim the subtraction in this clause for each instance of organ donation for
3.27transplantation during the taxable year in which the qualified expenses occur;
3.28 (13) in each of the five tax years immediately following the tax year in which an
3.29addition is required under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
3.30shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
3.31addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (16), in the
3.32case of a shareholder of a corporation that is an S corporation, minus the positive value of
3.33any net operating loss under section 172 of the Internal Revenue Code generated for the
3.34tax year of the addition. If the net operating loss exceeds the addition for the tax year, a
3.35subtraction is not allowed under this clause;
4.1 (14) to the extent included in the federal taxable income of a nonresident of
4.2Minnesota, compensation paid to a service member as defined in United States Code, title
4.310, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
4.4Act, Public Law 108-189, section 101(2);
4.5 (15) to the extent included in federal taxable income, the amount of national service
4.6educational awards received from the National Service Trust under United States Code,
4.7title 42, sections 12601 to 12604, for service in an approved Americorps National Service
4.8program;
4.9(16) to the extent included in federal taxable income, discharge of indebtedness
4.10income resulting from reacquisition of business indebtedness included in federal taxable
4.11income under section 108(i) of the Internal Revenue Code. This subtraction applies only
4.12to the extent that the income was included in net income in a prior year as a result of the
4.13addition under section290.01, subdivision 19a , clause (16); and
4.14(17) the amount of the net operating loss allowed under section290.095, subdivision
4.1511 , paragraph (c).; and
4.16(18) to the extent included in federal taxable income, compensation received from a
4.17pension or other retirement pay from the federal government for service in the military,
4.18as computed under United States Code, title 10, sections 1401 to 1414, 1447 to 1455,
4.19and 12733.
4.20EFFECTIVE DATE.This section is effective for taxable years beginning after
4.21December 31, 2012.
4.22 Sec. 2. Minnesota Statutes 2012, section 290.091, subdivision 2, is amended to read:
4.23 Subd. 2. Definitions. For purposes of the tax imposed by this section, the following
4.24terms have the meanings given:
4.25 (a) "Alternative minimum taxable income" means the sum of the following for
4.26the taxable year:
4.27 (1) the taxpayer's federal alternative minimum taxable income as defined in section
4.2855(b)(2) of the Internal Revenue Code;
4.29 (2) the taxpayer's itemized deductions allowed in computing federal alternative
4.30minimum taxable income, but excluding:
4.31 (i) the charitable contribution deduction under section 170 of the Internal Revenue
4.32Code;
4.33 (ii) the medical expense deduction;
4.34 (iii) the casualty, theft, and disaster loss deduction; and
4.35 (iv) the impairment-related work expenses of a disabled person;
5.1 (3) for depletion allowances computed under section 613A(c) of the Internal
5.2Revenue Code, with respect to each property (as defined in section 614 of the Internal
5.3Revenue Code), to the extent not included in federal alternative minimum taxable income,
5.4the excess of the deduction for depletion allowable under section 611 of the Internal
5.5Revenue Code for the taxable year over the adjusted basis of the property at the end of the
5.6taxable year (determined without regard to the depletion deduction for the taxable year);
5.7 (4) to the extent not included in federal alternative minimum taxable income, the
5.8amount of the tax preference for intangible drilling cost under section 57(a)(2) of the
5.9Internal Revenue Code determined without regard to subparagraph (E);
5.10 (5) to the extent not included in federal alternative minimum taxable income, the
5.11amount of interest income as provided by section290.01, subdivision 19a , clause (1); and
5.12 (6) the amount of addition required by section290.01, subdivision 19a , clauses (7)
5.13to (9), (12), (13), and (16) to (18);
5.14 less the sum of the amounts determined under the following:
5.15 (1) interest income as defined in section290.01, subdivision 19b , clause (1);
5.16 (2) an overpayment of state income tax as provided by section290.01, subdivision
5.1719b , clause (2), to the extent included in federal alternative minimum taxable income;
5.18 (3) the amount of investment interest paid or accrued within the taxable year on
5.19indebtedness to the extent that the amount does not exceed net investment income, as
5.20defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include
5.21amounts deducted in computing federal adjusted gross income;
5.22 (4) amounts subtracted from federal taxable income as provided by section290.01,
5.23subdivision 19b , clauses (6), (8) to (14), and (16), and (18); and
5.24(5) the amount of the net operating loss allowed under section290.095, subdivision
5.2511 , paragraph (c).
5.26 In the case of an estate or trust, alternative minimum taxable income must be
5.27computed as provided in section 59(c) of the Internal Revenue Code.
5.28 (b) "Investment interest" means investment interest as defined in section 163(d)(3)
5.29of the Internal Revenue Code.
5.30 (c) "Net minimum tax" means the minimum tax imposed by this section.
5.31 (d) "Regular tax" means the tax that would be imposed under this chapter (without
5.32regard to this section and section 290.032), reduced by the sum of the nonrefundable
5.33credits allowed under this chapter.
5.34 (e) "Tentative minimum tax" equals 6.4 percent of alternative minimum taxable
5.35income after subtracting the exemption amount determined under subdivision 3.
6.1EFFECTIVE DATE.This section is effective for taxable years beginning after
6.2December 31, 2012.
1.3amending Minnesota Statutes 2012, sections 290.01, subdivision 19b; 290.091,
1.4subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 290.01, subdivision 19b, is amended to read:
1.7 Subd. 19b. Subtractions from federal taxable income. For individuals, estates,
1.8and trusts, there shall be subtracted from federal taxable income:
1.9 (1) net interest income on obligations of any authority, commission, or
1.10instrumentality of the United States to the extent includable in taxable income for federal
1.11income tax purposes but exempt from state income tax under the laws of the United States;
1.12 (2) if included in federal taxable income, the amount of any overpayment of income
1.13tax to Minnesota or to any other state, for any previous taxable year, whether the amount
1.14is received as a refund or as a credit to another taxable year's income tax liability;
1.15 (3) the amount paid to others, less the amount used to claim the credit allowed under
1.16section
1.17to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
1.18transportation of each qualifying child in attending an elementary or secondary school
1.19situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
1.20resident of this state may legally fulfill the state's compulsory attendance laws, which
1.21is not operated for profit, and which adheres to the provisions of the Civil Rights Act
1.22of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
1.23tuition as defined in section
1.24"textbooks" includes books and other instructional materials and equipment purchased
2.1or leased for use in elementary and secondary schools in teaching only those subjects
2.2legally and commonly taught in public elementary and secondary schools in this state.
2.3Equipment expenses qualifying for deduction includes expenses as defined and limited in
2.4section
2.5books and materials used in the teaching of religious tenets, doctrines, or worship, the
2.6purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
2.7or materials for, or transportation to, extracurricular activities including sporting events,
2.8musical or dramatic events, speech activities, driver's education, or similar programs. No
2.9deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
2.10the qualifying child's vehicle to provide such transportation for a qualifying child. For
2.11purposes of the subtraction provided by this clause, "qualifying child" has the meaning
2.12given in section 32(c)(3) of the Internal Revenue Code;
2.13 (4) income as provided under section
2.14 (5) to the extent included in federal adjusted gross income, income realized on
2.15disposition of property exempt from tax under section
2.16 (6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
2.17of the Internal Revenue Code in determining federal taxable income by an individual
2.18who does not itemize deductions for federal income tax purposes for the taxable year, an
2.19amount equal to 50 percent of the excess of charitable contributions over $500 allowable
2.20as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
2.21under the provisions of Public Law 109-1 and Public Law 111-126;
2.22 (7) for individuals who are allowed a federal foreign tax credit for taxes that do not
2.23qualify for a credit under section
2.24of subnational foreign taxes for the taxable year, but not to exceed the total subnational
2.25foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
2.26"federal foreign tax credit" means the credit allowed under section 27 of the Internal
2.27Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
2.28under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
2.29the extent they exceed the federal foreign tax credit;
2.30 (8) in each of the five tax years immediately following the tax year in which an
2.31addition is required under subdivision 19a, clause (7), or 19c, clause (15), in the case of a
2.32shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
2.33delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
2.34of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
2.35clause (15), in the case of a shareholder of an S corporation, minus the positive value of
3.1any net operating loss under section 172 of the Internal Revenue Code generated for the
3.2tax year of the addition. The resulting delayed depreciation cannot be less than zero;
3.3 (9) job opportunity building zone income as provided under section
3.4 (10) to the extent included in federal taxable income, the amount of compensation
3.5paid to members of the Minnesota National Guard or other reserve components of the
3.6United States military for active service, excluding compensation for services performed
3.7under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
3.8service" means (i) state active service as defined in section
3.9(1); or (ii) federally funded state active service as defined in section
3.105b
3.11subdivision 3
3.12 (11) to the extent included in federal taxable income, the amount of compensation
3.13paid to Minnesota residents who are members of the armed forces of the United States
3.14or United Nations for active duty performed under United States Code, title 10; or the
3.15authority of the United Nations;
3.16 (12) an amount, not to exceed $10,000, equal to qualified expenses related to a
3.17qualified donor's donation, while living, of one or more of the qualified donor's organs
3.18to another person for human organ transplantation. For purposes of this clause, "organ"
3.19means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
3.20"human organ transplantation" means the medical procedure by which transfer of a human
3.21organ is made from the body of one person to the body of another person; "qualified
3.22expenses" means unreimbursed expenses for both the individual and the qualified donor
3.23for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
3.24may be subtracted under this clause only once; and "qualified donor" means the individual
3.25or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
3.26individual may claim the subtraction in this clause for each instance of organ donation for
3.27transplantation during the taxable year in which the qualified expenses occur;
3.28 (13) in each of the five tax years immediately following the tax year in which an
3.29addition is required under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
3.30shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
3.31addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (16), in the
3.32case of a shareholder of a corporation that is an S corporation, minus the positive value of
3.33any net operating loss under section 172 of the Internal Revenue Code generated for the
3.34tax year of the addition. If the net operating loss exceeds the addition for the tax year, a
3.35subtraction is not allowed under this clause;
4.1 (14) to the extent included in the federal taxable income of a nonresident of
4.2Minnesota, compensation paid to a service member as defined in United States Code, title
4.310, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
4.4Act, Public Law 108-189, section 101(2);
4.5 (15) to the extent included in federal taxable income, the amount of national service
4.6educational awards received from the National Service Trust under United States Code,
4.7title 42, sections 12601 to 12604, for service in an approved Americorps National Service
4.8program;
4.9(16) to the extent included in federal taxable income, discharge of indebtedness
4.10income resulting from reacquisition of business indebtedness included in federal taxable
4.11income under section 108(i) of the Internal Revenue Code. This subtraction applies only
4.12to the extent that the income was included in net income in a prior year as a result of the
4.13addition under section
4.14(17) the amount of the net operating loss allowed under section
4.1511
4.16(18) to the extent included in federal taxable income, compensation received from a
4.17pension or other retirement pay from the federal government for service in the military,
4.18as computed under United States Code, title 10, sections 1401 to 1414, 1447 to 1455,
4.19and 12733.
4.20EFFECTIVE DATE.This section is effective for taxable years beginning after
4.21December 31, 2012.
4.22 Sec. 2. Minnesota Statutes 2012, section 290.091, subdivision 2, is amended to read:
4.23 Subd. 2. Definitions. For purposes of the tax imposed by this section, the following
4.24terms have the meanings given:
4.25 (a) "Alternative minimum taxable income" means the sum of the following for
4.26the taxable year:
4.27 (1) the taxpayer's federal alternative minimum taxable income as defined in section
4.2855(b)(2) of the Internal Revenue Code;
4.29 (2) the taxpayer's itemized deductions allowed in computing federal alternative
4.30minimum taxable income, but excluding:
4.31 (i) the charitable contribution deduction under section 170 of the Internal Revenue
4.32Code;
4.33 (ii) the medical expense deduction;
4.34 (iii) the casualty, theft, and disaster loss deduction; and
4.35 (iv) the impairment-related work expenses of a disabled person;
5.1 (3) for depletion allowances computed under section 613A(c) of the Internal
5.2Revenue Code, with respect to each property (as defined in section 614 of the Internal
5.3Revenue Code), to the extent not included in federal alternative minimum taxable income,
5.4the excess of the deduction for depletion allowable under section 611 of the Internal
5.5Revenue Code for the taxable year over the adjusted basis of the property at the end of the
5.6taxable year (determined without regard to the depletion deduction for the taxable year);
5.7 (4) to the extent not included in federal alternative minimum taxable income, the
5.8amount of the tax preference for intangible drilling cost under section 57(a)(2) of the
5.9Internal Revenue Code determined without regard to subparagraph (E);
5.10 (5) to the extent not included in federal alternative minimum taxable income, the
5.11amount of interest income as provided by section
5.12 (6) the amount of addition required by section
5.13to (9), (12), (13), and (16) to (18);
5.14 less the sum of the amounts determined under the following:
5.15 (1) interest income as defined in section
5.16 (2) an overpayment of state income tax as provided by section
5.1719b
5.18 (3) the amount of investment interest paid or accrued within the taxable year on
5.19indebtedness to the extent that the amount does not exceed net investment income, as
5.20defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include
5.21amounts deducted in computing federal adjusted gross income;
5.22 (4) amounts subtracted from federal taxable income as provided by section
5.23subdivision 19b
5.24(5) the amount of the net operating loss allowed under section
5.2511
5.26 In the case of an estate or trust, alternative minimum taxable income must be
5.27computed as provided in section 59(c) of the Internal Revenue Code.
5.28 (b) "Investment interest" means investment interest as defined in section 163(d)(3)
5.29of the Internal Revenue Code.
5.30 (c) "Net minimum tax" means the minimum tax imposed by this section.
5.31 (d) "Regular tax" means the tax that would be imposed under this chapter (without
5.32regard to this section and section 290.032), reduced by the sum of the nonrefundable
5.33credits allowed under this chapter.
5.34 (e) "Tentative minimum tax" equals 6.4 percent of alternative minimum taxable
5.35income after subtracting the exemption amount determined under subdivision 3.
6.1EFFECTIVE DATE.This section is effective for taxable years beginning after
6.2December 31, 2012.
