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MN SF2853

Bill

Status

Introduced

3/13/2023

Primary Sponsor

Carla Nelson

Click for details

Origin

Senate

93rd Legislature 2023-2024

AI Summary

  • Modifies the pass-through entity tax to allow qualifying owners of partnerships, limited liability companies, and S corporations to make voluntary elections to pay tax at the entity level rather than individual level for taxable years beginning after December 31, 2020.

  • Expands definition of "qualifying owner" to include disregarded entities that have a qualifying owner as their single owner, and clarifies income allocation rules for resident and nonresident owners.

  • Election requires approval by qualifying owners holding more than 50 percent of ownership interests, must exclude non-qualifying owners, and is binding and irrevocable once made for the taxable year.

  • Tax liability is calculated by multiplying each qualifying owner's income by the highest individual tax rate, with nonbusiness deductions and standard deductions disallowed in the calculation.

  • Requires audited partnerships to file amended pass-through entity tax reports for direct partners within 90 days of final determination date and file amended reports for partners who were included in pass-through entity tax returns in the reviewed year, effective retroactively for taxable years beginning after December 31, 2021.

Legislative Description

Pass-through entity tax modification

Last Action

Referred to Taxes

3/13/2023

Committee Referrals

Taxes3/13/2023

Full Bill Text

No bill text available