Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 152.1 297A, except the requirement to file returns and remit taxes due electronically if authorized 152.2 under section 289A.33, apply to the tax imposed under this section. 152.3 Subd. 10. Returns; payment of tax. (a) A taxable cannabis product retailer must report 152.4 the tax on a return prescribed by the commissioner and must remit the tax in a form and 152.5 manner prescribed by the commissioner. The return and the tax must be filed and raid using 152.6 the filing cycle and due dates provided for taxes imposed under section 289A.20, subdivision 152.E 4, and chapter 297A. 152.8 (b) Interest must be paid on an overpayment refunded or credited to the taxpayer from 152.9 the date of payment of the tax until the date the refund is paid or credited. For purposes of 152.10 this subdivision, the date of payment is the due date of the return or the date of actual 152.11 payment of the tax, whichever is later. 152.12 Subd. 11. Deposit of revenues. The commissioner must deposit all revenues, including 152.13 penalties and interest, derived from the tax imposed by this section in the general fund. 152.14 Subd. 12. Personal debt. The tax imposed by this section, and interest and penalties 152.15 imposed with respect to it, are a personal debt of the person required to file a return from 152.16 the time that the liability for it arises, irrespective of when the time for payment of the 152.17 liability occurs. The debt must, in the case of the executor or administrator of the estate of 152.18 a decedent and in the case of a fiduciary, only be that of the person in the person's official 152.19 or fiduciary capacity, unless the person has voluntarily distributed the assets held in that 152.20 capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which 152.21 event the person is personally liable for any deficiency. 152.22 EFFECTIVE DATE. This section is effective for gross receipts received after June 30, 152.23 2023. 152.24 Sec. 9. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read: 152.25 Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, 152.26 each of the transactions listed in this subdivision. In applying the provisions of this chapter, 152.27 the terms "tangible personal property" and "retail sale" include the taxable services listed 152.28 in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable 152.29 services, unless specifically provided otherwise. Services performed by an employee for 152.3o an employer are not taxable. Services performed by a partnership or association for another 152.31 partnership or association are not taxable if one of the entities owns or controls more than 152.32 80 percent of the voting power of the equity interest in the other entity. Services performed 152.33 between members of an affiliated group of corporations are not taxable. For purposes of Article 2 Sec. 9. 152