Minn. Stat. § 290.0695 — MN Code / Part 289A_295 / Chapter 290 / Section 290.0695
§ 290.0695 SHORT LINE RAILROAD INFRASTRUCTURE MODERNIZATION CREDIT.
Status: in_force

§ Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them. (b) "Credit certificate" means the certificate issued by the commissioner of transportation under subdivision 3, paragraph (a). (c) "Eligible taxpayer" means any railroad that is classified by the United States Surface Transportation Board as a Class II or Class III railroad. (d) "Eligible transferee" means any taxpayer subject to tax under this chapter or chapter 297I. (e) "Qualified railroad reconstruction or replacement expenditures" means gross expenditures in the taxable year for maintenance, reconstruction, or replacement of railroad infrastructure, including track, roadbed, bridges, industrial leads and sidings, and track-related structures owned or leased by a Class II or Class III railroad in Minnesota as of January 1, 2021. Qualified railroad reconstruction or replacement expenditures also includes new construction of industrial leads, switches, spurs and sidings and extensions of existing sidings in Minnesota by a Class II or Class III railroad. (f) "Transfer credit certificate" means the certificate issued to a transferee by the commissioner under subdivision 3, paragraph (d).

§ Subd. 2. Credit allowed; limitation; carryover. (a) An eligible taxpayer is allowed a credit against tax due under this chapter equal to 50 percent of the qualified railroad reconstruction or replacement expenditures made by an eligible taxpayer within this state during the taxable year for which the credit is claimed. (b) The credit allowed under paragraph (a) for any taxable year must not exceed the product of: (1) $3,000; multiplied by (2) the number of miles of railroad track owned or leased by the eligible taxpayer within this state as of the close of the taxable year for which the taxpayer made qualified railroad reconstruction or replacement expenditures for which the credit is claimed. (c) If the amount of the credit determined under this section for any taxable year exceeds the liability for tax under this chapter, the excess is a credit carryover to each of the five succeeding taxable years. The entire amount of the excess unused credit for the taxable year must be carried first to the earliest of the taxable years to which the credit may be carried and then to each successive year to which the credit may be carried. The amount of the unused credit that may be added under this paragraph must not exceed the taxpayer's liability for tax less the credit for the taxable year. (d) An eligible taxpayer claiming a credit under this section may not also claim the credit under section 297I.20, subdivision 6 , for the same qualified railroad reconstruction or replacement expenditures.

§ Subd. 3. Credit certificates; written agreement required; transferability. (a) To qualify for a credit under this section, an eligible taxpayer must apply to the commissioner of transportation for a credit certificate. The application for the credit certificate must be in the form and manner prescribed by the commissioner of transportation, in consultation with the commissioner. If the application is approved, the commissioner of transportation must issue the credit certificate to the eligible taxpayer within 30 days of receipt of the application. The credit certificate must state the number of miles of qualified railroad reconstruction or replacement expenditures in the taxable year and the total amount of credit calculated under subdivision 2, paragraph (a). The commissioner of transportation must provide a copy of the credit certificate to the commissioner. The commissioner of transportation must not issue more than one credit certificate to an eligible taxpayer in a taxable year. (b) By written agreement, an eligible taxpayer may transfer the credit allowed under this section to an eligible transferee as follows: (1) any amount of the credit allowed that is stated in the credit certificate before any of the credit is claimed; or (2) the entire amount of the credit carryover in each of the five succeeding taxable years. (c) The eligible taxpayer and the eligible transferee must jointly file a copy of the written transfer agreement with the commissioner within 30 days of the transfer. The written agreement must contain the name, address, and taxpayer identification number of the parties to the transfer; the taxable year the eligible taxpayer incurred the qualified expenditures; the amount of credit being transferred; and the taxable year or years for which the transferred credit may be claimed. (d) The commissioner must issue a transfer credit certificate to the transferee within 30 days of the joint filing of a copy of the written transfer agreement with the commissioner. (e) An eligible taxpayer must not transfer a credit to an eligible transferee more than once in a taxable year.

§ Subd. 4. Partnerships; multiple owners. Credits granted or transferred to a partnership, a limited liability company taxed as a partnership, an S corporation, or multiple owners of property are passed through to the partners, members, shareholders, or owners, respectively, pro rata to each partner, member, shareholder, or owner based on their share of the entity's assets or as specially allocated in their organizational documents or any other executed agreement, as of the last day of the taxable year.

§ Subd. 5. Allocation for nonresidents and part-year residents. For a nonresident or part-year resident, the credit determined under this section must be allocated based on the percentage calculated under section 290.06, subdivision 2c , paragraph (e).

§ Subd. 6. Sunset. This section expires January 1, 2031, for taxable years beginning after December 31, 2030.