Minnesota Adjustments in the event of reorganization or changes in the capital structure

State:
Multi-State
Control #:
US-CC-18-354C
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

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FAQ

Does Minnesota conform to the federal 100% deduction for meals purchased from restaurants for immediate consumption? No. Minnesota remains out of conformity for amounts paid or incurred after December 31, 2020, and before January 1, 2023.

CHANGES IN LOCAL TAX RATES Beginning on October 1, 2023 there will be two additional sales taxes totaling 1% applied to the seven-county metro area. The counties included are Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington.

About the Employee Retention Credit The Employee Retention Credit (ERC) was created in March 2020 through the CARES Act to encourage employers to keep their employees on payroll during the height of the coronavirus pandemic.

Due to the advanced conformity, Minnesota now conforms to the CARES Act technical fix for qualified improvement property (QIP), which corrects an error enacted in the TCJA that made QIP ineligible for bonus depreciation and depreciable over a 39-year recovery period.

However, because the Minnesota conformity to Employee Retention Credit (ERC) wages was the same both before and after this 2023 MN tax law change (i.e., MN doesn't conform to the federal treatment), this ERC wage issue should not cause any change in the calculation of a Minnesota Excess Business Loss.

Put another way, Minnesota taxpayers are allowed to claim 20 percent of the bonus depreciation in the first year, and the remaining 80 percent in equal parts in each of the five following years. This is the same state tax treatment as applied to bonus depreciation enacted at the federal level in 2002 and 2003.

You must add back 80% of allowable bonus depreciation when calculating Minnesota taxable income. You may recover this amount when you subtract it from taxable income over the next five years. See Minnesota Statutes, section 290.0133, subdivision 11.

Who doesn't qualify for the Minnesota rebate check? The 2023 Minnesota rebate checks are based on the 2021 tax year, so you must have been a Minnesota resident in 2021 to receive the full payment. Part-year residents may receive a partial rebate (based on income).

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Minnesota Adjustments in the event of reorganization or changes in the capital structure