Minnesota SF 88: Red Rock corridor transitway demonstration project appropriation

Bill Text

1.1 A bill for an act​
1.2 relating to taxation; providing limitations on assessments of individual income,​
1.3 corporate franchise, and sales and use taxes; amending Minnesota Statutes 2024,​
1.4 section 270C.33, by adding a subdivision.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 270C.33, is amended by adding a subdivision​
1.7 to read:​
1.8 Subd. 4a.Limitations; sales, corporate, and income taxes.(a) The provisions of this​
1.9 subdivision are a limitation on the assessment authority of the commissioner under this​
1.10 section.​
1.11 (b) The commissioner must not assess additional tax due under chapter 290 or 297A if​
1.12 each of the following requirements are met:​
1.13 (1) the taxpayer was given erroneous advice in writing by an employee of the department​
1.14 acting in an official capacity, if the advice:​
1.15 (i) was reasonably relied on and was included in a tax order or in response to a specific​
1.16 written request by the taxpayer; and​
1.17 (ii) was not the result of failure by the taxpayer to provide adequate or accurate​
1.18 information; and​
1.19 (2) effective for a taxable period beginning after the period covered by clause (1), neither​
1.20 the statute or administrative rule on which the reporting or other practice is based has been​
1.21 materially changed, its interpretation has not been changed by a court decision, or there has​
1.22 been a federal adjustment as defined under section 289A.381, subdivision 7, and the​
1​Section 1.​
25-00682 as introduced​11/22/24 REVISOR EAP/HL​
SENATE​
STATE OF MINNESOTA​
S.F. No. 88​NINETY-FOURTH SESSION​
(SENATE AUTHORS: KLEIN, Drazkowski, Nelson and Dibble)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​72​01/16/2025​
Referred to Taxes​
Authors added Nelson; Dibble​166​01/23/2025​

2.1 commissioner has not issued a revenue notice or directly notified the taxpayer, in writing,​
2.2 of the commissioner's position as to the proper reporting or other treatment of the relevant​
2.3 income, transaction, deduction, credit, or other item of tax preference.​
2.4 (c) For an audit of a prior taxable period by the commissioner, paragraph (b), clause (1),​
2.5 applies only to the issues within the scope of and specifically addressed by the audit where​
2.6 the written order given to the taxpayer includes erroneous advice on those issues. For a​
2.7 written order that includes data sampling, paragraph (b), clause (1), applies only to the​
2.8 reviewed sampled population.​
2.9 EFFECTIVE DATE.This section is effective for erroneous advice given to the taxpayer​
2.10 in writing after June 30, 2025.​
2​Section 1.​
25-00682 as introduced​11/22/24 REVISOR EAP/HL​