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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Tax imposed.There is imposed a tax for the taxable year on the taxable income of an S corporation, if for the taxable year an S corporation has:
(1) subchapter C earnings and profits at the close of such taxable year; and
(2) gross receipts more than 25 percent of which are passive investment income.
The tax is imposed at the rate prescribed bysection 290.06, subdivision 1. The terms “subchapter C earnings and profits,” “passive investment income,” and “gross receipts” have the same meanings as when used insections 1362(d)(3)and1375 of the Internal Revenue Code. 1
Subd. 2. Taxable income. For the purposes of this section, taxable income means the lesser of:
(1) the amount of the S corporation's excess net passive income, as determined undersection 1375 of the Internal Revenue Code, subject to the provisions ofsections 290.0133to290.0135, that is allocable to this state undersection 290.17,290.191, or290.20; or
(2) the amount of the S corporation's federal taxable income, as determined undersection 1374(d)(4) of the Internal Revenue Code, subject to the provisions ofsections 290.0133to290.0135, that is allocable to this state undersection 290.17,290.191, or290.20.
Subd. 3. Waiver of tax.The tax imposed by this section shall be waived if the taxpayer receives a waiver for federal income tax purposes undersection 1375(d) of the Internal Revenue Code.
Cite this article: FindLaw.com - Minnesota Statutes Various State Taxes and Programs (Ch. 289A-295) § 290.9729. Tax on passive investment income - last updated January 01, 2025 | https://codes.findlaw.com/mn/various-state-taxes-and-programs-ch-289a-295/mn-st-sect-290-9729/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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