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01/13/21 REVISOR EAP/HR 21-01750 as introduced <br />3.1 (iii) corporation organized under subchapter S of the Internal Revenue Code for federal <br />3.2 income tax purposes, including a qualified subsidiary also organized under subchapter S of <br />3.3 the Internal Revenue Code; and <br />3.4 (2) "C-option corporation" means a qualifying entity that has made the election under <br />3.5 paragraph (a). <br />3.6 (g) Tax liability must be calculated by multiplying the Minnesota taxable income of the <br />3.7 qualifying entity by a tax rate of 9.85 percent. <br />3.8 (h) A member's, partner's, or shareholder's adjusted basis in the member's, partner's, or <br />3.9 shareholder's interest in the limited liability company, partnership, or S corporation, and <br />3.10 the treatment of distributions, is determined as if the election under this subdivision is not <br />3.11 made. <br />3.12 (i) A qualifying entity must not have a partnership, limited liability company, or <br />3.13 corporation as a member or partner. <br />3.14 EFFECTIVE DATE. This section is effective for taxable years beginning after December <br />3.15 31, 2020. <br />3.16 Sec. 3. Minnesota Statutes 2020, section 289A.38, is amended by adding a subdivision to <br />3.17 read: <br />3.18 Subd. 17. C-option corporations. For purposes of this section, "taxpayer" includes a <br />3.19 C-option corporation, and all applicable reports, amendments, adjustments, assessments, <br />3.20 changes in tax, refunds, and statements under this section apply to a C-option corporation <br />3.21 for those taxable years in which the C-option election under section 289A.08, subdivision <br />3.22 7a, is effective. For purposes of this subdivision, "C-option corporation" means a qualifying <br />3.23 entity under section 289A.08, subdivision 7a, paragraph (f), that made the election in section <br />3.24 289A.08, subdivision 7a, paragraph (a), for the applicable tax year. <br />3.25 EFFECTIVE DATE. This section is effective for taxable years beginning after December <br />3.26 31, 2020. <br />3.27 Sec. 4. Minnesota Statutes 2020, section 290.01, is amended by adding a subdivision to <br />3.28 read: <br />3.29 Subd. 4d. C-option corporation. "C-option corporation" means a qualifying entity <br />3.30 under section 289A.08, subdivision 7a, paragraph (f), that made the election in section <br />3.31 289A.08, subdivision 7a, paragraph (a), for the applicable tax year. <br />Sec. 4. 3 <br />