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01/13/21 REVISOR EAP/HR 21-01750 <br />13.1 may not exceed 90 percent of alternative minimum taxable net income. This limitation does <br />13.2 not apply to: <br />13.3 (1) a deduction for dividends paid to or received from a corporation which is subject to <br />13.4 tax under section 290.36 and which is a member of an affiliated group of corporations as <br />13.5 defined by the Internal Revenue Code; or <br />13.6 (2) a deduction for dividends received from a property and casualty insurer as defined <br />13.7 under section 60A.60, subdivision 8, which is a member of an affiliated group of corporations <br />13.8 as defined by the Internal Revenue Code and either: (i) the dividend is eliminated in <br />13.9 consolidation under Treasury Regulation 1.1502-14(a), as amended through December 31, <br />13.10 1989; or (ii) the dividend is deducted under an election under section 243(b) of the Internal <br />13.11 Revenue Code. <br />13.12 (e) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended <br />13.13 through December 16, 2016, except that for the purposes of exclusion from gross income <br />13.14 of paycheck protection loan forgiveness and allowable deductions of covered expenses paid <br />13.15 for with covered loans under section 1106 of Public Law 116-136, as clarified by Title II, <br />13.16 subtitle B, section 276(a)(i) of Public Law 116-260, "Internal Revenue Code" means the <br />13.17 Internal Revenue Code as amended through March 27, 2020. <br />13.18 EFFECTIVE DATE. This section is effective the day following final enactment, except <br />13.19 that changes incorporated by federal changes are effective retroactively at the same time <br />13.20 the changes were effective for federal purposes. <br />13.21 Sec. 12. [290.096] SPECIAL RULES FOR C-OPTION CORPORATIONS. <br />13.22 Subdivision 1. Allocation of subtractions and credits. No carryover generated by a <br />13.23 C-option corporation for a subtraction allowed under this chapter that remains after the <br />13.24 revocation or expiration of the election in section 289A.08, subdivision 7a, paragraph (a), <br />13.25 may be claimed by a partner, member, or shareholder of that C-option corporation. <br />13.26 Subd. 2. Credits. (a) Credits and credit carryovers against the tax due under this chapter <br />13.27 that are claimed by a C-option corporation must be distributed as follows: <br />13.28 (1) for a nonrefundable credit, the credit is distributed to the C-option corporation; and <br />13.29 (2) for a refundable credit, the amount of the credit that does not exceed the C-option <br />13.30 corporation's taxable income is distributed to the C-option corporation and the amount of <br />13.31 the credit that exceeds the amount of the C-option corporation's taxable income is distributed <br />13.32 in the same manner as the subtraction in section 290.0132, subdivision 30. <br />Sec. 12. 13 <br />