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MN SF2853
Bill
Status
3/13/2023
Primary Sponsor
Carla Nelson
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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