Tax Decisions in the 2001 Legislative Session
Perhaps one of the most contentious bills
during the 2001 legislative session and subsequent special session was the
omnibus tax bill. In the end,
significant changes were made to Minnesota’s property tax system and the way
certain government services are funded.
The bill provides $759 million in general fund tax reductions for the
2002-03 biennium and a $1.955 billion reduction for 2004-05, as well as a $791
million rebate.
This summary describes the major decisions made
in the areas of property taxes and government financing reform, the rebate,
income and corporate taxes, sales taxes, health care taxes, and taxes on
nonprofits. Throughout, provisions with
an impact on low- and moderate-income families are emphasized.
Property Taxes
and Government Financing Reform
The
centerpiece of the 2001 tax bill is property tax and government financing
reform and relief. Statewide, property
taxes are predicted to be $987.5 million lower in 2002 as a result of the
omnibus tax bill. At the same time, the
state takes on new commitments to education and transportation needs that were
previously funded through property taxes.
This portion of the bill has a net cost to the state’s general fund of
$625 million in the 2002-03 biennium and $1.959 billion in 2004-05. The bill makes major changes in what
services are funded by property taxes, in determining the total amount of
property taxes to be raised, and in how the property tax burden is distributed
among taxpayers.
Education and Transit: Property Taxes Replaced by Other Funding
One principle guiding the Ventura
administration’s tax reform process is that state mandated services should be
funded by state revenue sources and local services by local property
taxes. The most significant example of
this philosophy is the bill’s elimination of the general education levy, which
is approximately $800 million of K-12 education funding that is determined by
the state but is raised by local property taxes. The state will now pay for basic education directly through state
revenue sources. The bill also exempts
cabins and farmland from paying voter-approved property tax increases, known as
referenda levies, passed by
school districts and other local units of government.
This reduction is partially offset by a new
statewide property tax on businesses, cabins, and commercial resorts, which
will collect $592 million in 2002. The
$592 million initial levy will go into the state’s general fund; however, the
amount by which the levy increases each year due to inflation is dedicated to
education ($44.8 million in 2004-05).
Transit operating expenses also will no
longer be funded through property taxes.
The omnibus tax bill replaces property tax revenues with a portion of
the funds raised by the sales tax on motor vehicles (21.75% of revenues
collected in 2003 and 23.75% of revenues in following years). This means that $116 million in transit
funding is removed from the property tax levy for 2003, mainly in the metro
area.
Changes to Local Government Revenues
The omnibus tax
bill makes considerable changes to how much local government revenue comes from
property taxes and how much from state aids.
The bill provides for the state takeover of the cost of certain services
currently paid by county property taxes, with the intention of replacing
general state aid with more targeted aid programs. Counties will see a reduction in the amount of state aid called
Homestead and Agricultural Credit Aid (HACA) they receive, but will be reimbursed
for court costs and a percentage of their costs for day training for the
developmentally disabled and out-of-home placement.
[1]
State aid programs for cities and towns are
also significantly altered. The tax
bill ends HACA for all local governments except counties. This eliminates $200.3 million of aid in FY
2003 for cities, $29.3 million for townships, $28.7 million for special
districts, and $9.3 million for school districts. The other main aid program, Local Government Aid (LGA), is
increased by $140 million for cities, but will no longer be distributed to
towns, who face a $3.8 million aid reduction in 2003.[2] The net effect is a $60.3 million loss in
aids to cities as a whole and a $33.1 million loss for towns. However, because of modifications to the LGA
formula, some cities will receive more aid than under current law. Cities are likely to adjust their property
tax collections up or down, depending on whether they receive a cut or an
increase in their aids. However, the
omnibus tax bill also includes levy limits, which puts a cap on how much a
local government’s total revenues from property taxes and state aids can grow
from one year to the next.
Property Taxes on Individual Properties
Not only does
the omnibus tax bill change what the property tax pays for, it also modifies
the way that property taxes on individual properties are calculated. The formula for determining property taxes
is as follows:
assessed taxable market value X class rate = tax capacity
(tax capacity X total local tax rate) - property tax credits = net property tax
While this formula remains in place, changes have been made in how the
individual pieces are determined. The
combined effect is significant property tax reductions in 2002 for all property
types.
The starting point for calculating the property tax is the assessed taxable market value
of the property. The omnibus tax bill
changes the amount of assessed value subject to tax for certain
properties. Under the current Limited
Market Value law, market
value increases on agricultural, residential, 1 to 3 unit rental, and cabin
properties are limited to 8.5% of the property’s market value in the previous
year or 15% of the increase in value, whichever is greater. The limited market value law was set to
expire after tax year 2002; however, the 2001 tax bill provides that limited
market value will be gradually phased out over the next six years. That means that for properties affected by
limited market value, more of the total value will be taken into account in
determining the amount of tax, until limited market value is completely
eliminated for taxes paid in 2008.
Minnesota is one of about 30 states that
impose different property
classification rates, or class rates for short.
Classes are described by the legislature and are based on a property’s
use. The class rate describes what
percentage of the property’s market value will be used in calculating its share
of local property taxes. The omnibus
tax bill lowers nearly all class rates, except those for home value under
$76,000 and homestead resorts, whose class rates remain the same, and farm
value under $115,000 and low-income apartments, who actually receive a class
rate increase. Low-income (4d)
apartments are particularly hard hit.
The 4d property class, which provides a lower class rate for multifamily
housing in return for the property owner agreeing to certain rent and income
restrictions, is eliminated in the omnibus tax bill. Properties currently classified as 4d can continue to receive a
lower class rate for taxes paid in 2002 and 2003, but no additional properties
will be accepted into the program, which ends completely in 2004.
There were two goals in reducing class rates:
to reduce rates on particular property types whose taxes were considered
unusually high, such as apartments, and secondly, to treat similar property
types more alike (putting all apartment types at the same class rate; taxing
homesteads, rental homes, duplexes/triplexes, and cabins more similarly). The changes in the bill are called compression, since they reduce the
differences between class rates. The
table below lists the changes to major class rates.
|
Table 1: Class Rate Changes: Taxes Payable in 2002
|
|
|
Current Law
|
Omnibus Tax Bill
|
|
Residential Homestead |
|
|
|
Value less than $76,000
|
1%
|
1%
|
|
Value $76,000 - $500,000
|
1.65%
|
|
Value over $500,000
|
1.25%
|
|
Residential Non-homestead
|
|
|
|
Value less than $76,000
|
1.2%
|
1%
|
|
Value $76,000 - $500,000
|
1.65% |
|
Value over $500,000 |
1.25%
|
|
Commercial/Industrial
|
|
|
|
Value less than $150,000
|
2.4%
|
1.5%
|
|
Value over $150,000
|
3.4%
|
2%
|
|
Seasonal
Recreational Residential (Cabins)
|
|
|
|
Value less than $76,000
|
1.2%*
|
1%
|
|
Value $76,000 - $500,000
|
1.65%
|
|
Value over $500,000
|
1.25%
|
|
Seasonal
Recreational Commercial (Resorts)
|
|
|
|
Homestead Resorts
|
1%
|
1%
|
|
Seasonal – value under
$500,000
|
1.65%
|
1%
|
|
Seasonal – value under
$500,000
|
1.25%
|
|
Farm Land – Homestead
|
|
|
|
Value less than $115,000
|
0.35%
|
0.55%
|
|
Value $115,000 -
$600,000
|
0.8%
|
|
Value over $600,000
|
1.2%
|
1%
|
|
Farm – Non-homestead
|
1.2%
|
1%
|
|
Multifamily
Residential
|
|
2002
|
2003
|
2004
|
|
2-3 Units
|
1.65%
|
1.5%
|
1.25%
|
1.25%
|
|
4 or more units
|
2.4%
|
1.8%
|
1.5%
|
|
4 or more units – Small
City
|
2.15%
|
|
Low Income (4d)
Apartments
|
1%
|
0.9%
|
1%
|
|
New Construction –
Apartments
|
2.4%
|
1.25%
|
1.25%
|
* For purposes of the statewide property tax, the first $76,000 of value for
cabins has a 0.4% rate. This is the
only class with a different rate for local property taxes and the statewide
property tax.
Multiplying the class rate by the assessed
value gives a property’s tax capacity. By
itself, the reduction in class rates means a lower tax capacity. However, the reduction will be partially
offset by any increases in value, whether due to the phase out of limited
market value or simply because of increasing property values.
The local tax rate is determined by
local units of government. Each local
unit of government looks at its projected budget for the year and sees how much
revenue can be expected from other sources (state aids, fees, etc.). The amount that remains must be raised from
property taxes and is called the levy. Dividing
the levy by the total tax capacity of all property in that taxing jurisdiction
will determine the local tax rate. Each
property is located in multiple jurisdictions (county, city, school district,
special taxing districts), and therefore the local tax rates for each
jurisdiction are added together to get the total local tax rate.
Although
actual local tax rates will not be known until local units of government set
their levies, legislative analysis does not predict a significant change in the
statewide average total local tax rate in 2002 — from 113.48% under current law
to 112.08% under the omnibus tax bill.
However, what will change is how the rate is apportioned to different
units of government. The share of the
total local tax rate due to schools will decline considerably, while the share
corresponding to counties, cities, and towns will increase. This does not necessarily mean, however,
that the amount of property taxes collected by counties, cities, and towns,
will go up dramatically. Because total
tax capacity has been reduced by rate compression, local governments would have
to increase their local tax rates in order to collect the same dollar
amount.
The tax capacity is multiplied by the total
local tax rate to get the gross property tax, and then property tax credits are subtracted to get
the final amount of tax owed.[3] Under current law, homesteads receive the
Education Homestead Credit and farmland receives the Education Agricultural
Credit, both of which are a portion of the general education levy that the
state pays to the school district on the behalf of the taxpayer. The omnibus bill eliminates these credits
along with the general education levy.
In their place, the bill creates a Residential Homestead Market Value
Credit equal to 0.4% of market value, up to a maximum of $304, and an
Agricultural Homestead Market Value Credit of 0.2% of the market value of
farmland, up to a maximum of $230.
These taxes are paid by the state to school districts on behalf of
taxpayers, thereby reducing their property tax bills.
Impact of Property Tax Changes
When these
changes are combined together, all property types are expected to pay lower
property taxes on average in 2002 than under current law. The amount of reduction in 2002 differs
among property types and is listed below.
|
Table 2: 2002 Property Tax Reductions – Statewide Average
|
|
Property Type |
Percentage Reduction |
| Agricultural Homestead – House |
27.6% |
| Residential Non-homestead – 1 unit |
27.5% |
| Apartments |
24.9% |
| Residential Homestead |
23.5% |
| Agricultural Homestead – Land |
18.9% |
| Public Utility [4]
|
18.6% |
| Agricultural Non-homestead |
15.9% |
| Low-income Apartments (4d) |
14.5% |
| Residential Non-homestead – 2-3 units |
12.7% |
| Seasonal Recreational |
11.6% |
| Commercial Industrial |
10.6% |
| All property |
18.4% |
The reductions
above are the statewide average reductions for the whole property class. How much any specific taxpayer receives in
tax cuts will depend on their particular situation. In isolated instances, individual properties may see an increase
in taxes.
It is
important to note that the amount of reduction may be significantly different
in future years than in 2002.
Additional class rate reductions will take place in 2003 and 2004 for
most rental properties, while low-income (4d) apartments have class rate
increases in these years. In addition,
the effects of the limited market value phase out will become more pronounced
in the future. Due to the nature of the
property tax in which the total amount to be collected is determined first,
then divided among taxpayers, any additional reductions for one property type
means a shift of the burden onto other types.[5]
While all property owners will see tax cuts,
one group of property taxpayers who receive no direct benefit from the omnibus
tax bill is renters. While renters help
pay the property taxes on their residences through their rents, there is little
reason to expect that the tax savings will be passed on to them in the form of
lower rents, given the tight rental market.
It was argued throughout the session that renters will benefit in the
long term as property tax reductions encourage new housing production, thereby
easing the housing shortage. Whether
this actually occurs remains to be seen.
The 2001 tax
bill does not dramatically alter the relationship among property types in
2002. One way to compare property tax
burdens across property types is the Effective Tax Rate, which measures the tax
as a percentage of value. When we sort
the different property types from highest to lowest based on their effective
tax rates, we see that those property types with relatively higher effective
tax rates still have higher effective tax rates in 2002, and those on the low
end of the scale still have lower effective tax rates, as shown in the graph
below.
Circuit Breaker Increased for Low- and Moderate-Income Homeowners
As mentioned above, the impact on individual
taxpayers will depend on the specifics of their situation. To guard against significant tax increases
to homeowners with a limited ability to pay, the omnibus tax bill increases the
Property Tax Refund (PTR) for homeowners, which provides tax relief to low- and
moderate-income households whose property taxes are high in relation to their
income. The PTR is commonly called the
Circuit Breaker when it applies to homeowners and the Renter’s Credit when it
applies to renters. The PTR is not
administered through the property tax system — taxpayers must file an application
with the Department of Revenue, and the refund comes as a check from the state,
rather than as a reduction in property taxes owed to local government.
Taxpayers are eligible for a PTR when their
property taxes reach a certain percentage of income, called the threshold. (For renters, 19% of total rent paid is
considered their property tax amount.)
The taxpayer is also responsible for a co-payment. Both the threshold and co-payment amounts
increase as household income rises. The
omnibus tax bill lowers thresholds and co-payments for the Circuit Breaker,
thereby providing larger refunds to households with incomes below $50,000. The bill also nearly triples the maximum
refund to $1,500 and increases the income ceiling to $80,000. No changes were made to the Renter’s Credit.
[6]
2001 Sales Tax Rebate
As in the
last several years, the 2001 omnibus tax bill includes a Sales Tax Rebate,
structured similarly to the 2000 rebate.
A total of $791 million in rebates will be sent to
Minnesotans in late August, ranging from $213 to $2,967 for married filing
jointly and head-of-household filers and from $108 to $1,484 for other
filers. The rebate uses the total
amount of surplus remaining at the end of the 2001 fiscal year.
Most Minnesota residents will automatically
receive a rebate calculated on a schedule based on their 1999 filing status and
taxable income. To receive a rebate
based on the schedule, the taxpayer must have at least $1 of state income tax
liability before refundable credits or at least $5 in federal tax liability on
their 1999 Minnesota income tax return, and not be a dependent.
The following groups of persons will also
receive rebates, but not calculated on the rebate schedule (all criteria
describe the taxpayer’s status for 1999):
- Dependents with earned income who filed a
1999 income tax return with at least $1 in Minnesota tax liability or $5 in
federal tax liability will receive 35% of the rebate amount for non-dependents
of the same income level.
- Full-year residents over age 18 who
receive social security, railroad retirement benefits, or a public pension are
eligible for the minimum rebate amount (does not include dependents).
- Persons who filed a 1999 Minnesota income
tax return to receive a refund of withholding or to claim a refundable credit
but did not have tax liability, or filed for a 1999 Minnesota property tax
refund (the Circuit Breaker or Renter’s Credit), will receive the minimum
rebate amount for their filing status (does not include dependents).
- Non-residents who paid at least $10 in
Minnesota sales tax on non-business purchases in 1999 can apply for a rebate of
a percentage of the sales tax paid. This rebate cannot exceed the amount a Minnesota resident of the same
income level would receive.
Taxpayers who
have not already filed their 1999 income tax or property tax refund forms still
have until November 30, 2001, to do so to qualify for a rebate. Low-income
and other disadvantaged persons needing assistance filing their returns can
contact AccountAbility Minnesota at 651)
287-0187.
Income and Corporate Taxes
Although the omnibus bill contains relatively
few changes to individual income and corporate taxes, a number of factors lead
to a reduction in these taxes. The
recent federal tax law will result in cuts in total individual income and
corporate taxes. At the same time,
because property taxes can be taken as an itemized deduction, a decrease in
property taxes leads to an increase in taxable income, and thus in income
taxes, for those who itemize.[7] Overall, there is a net decrease in income
and corporate taxes of $44.7 million in the 2002-03 biennium and a $37.5
million reduction in 2004-05.
Individual taxpayers will note a few changes
on their 2001 income tax returns. These
include:
- Allowable expenses for the K-12 education
credit and subtraction are expanded to include the purchase of musical
instruments. However, the credit is
reduced from 100% of allowable expenses to 75% of allowable expenses. Combined, these two provisions will reduce
the credit and subtraction by $7.85 million in 2002-03 and $18.3 million in
2004-05.[8]
-
Active duty military personnel stationed
outside Minnesota will be exempt from state income taxes. This will save eligible taxpayers $4.4
million per year.
The bill also adjusts the Working Family
Credit to conform to federal changes that provide marriage penalty relief. Currently, families are eligible for the
Working Family Credit based on earned income; families are eligible with
incomes up to $10,380 if there are no eligible children in the home, up to
$27,413 if there is one child, and $31,152 if two or more children.
[9]Starting in the 2002 tax year, certain
married filing joint filers will receive a larger credit and can remain
eligible to a higher income level.
Sales Taxes
The omnibus bill provides a $74.5 million
decrease in sales taxes in 2002-03 and a $93.6 million increase in
2004-05. This portion of the bill
primarily makes a number of definitional and process changes in accordance with
the Streamlined Sales Tax, a national effort that may enable the states to eventually
begin collecting the sales tax due on items purchased over the internet or from
catalogs.[10]
Another technical change is the repeal of the
June accelerated sales tax. Currently,
merchants must remit a portion of their estimated sales tax collections for
June in advance. This has the effect of
moving some of the sales tax revenues into the prior fiscal year. Repealing the accelerated payment has a
one-time cost of $154.2 million in the 2002-03 biennium, which is largely a
matter of moving the June sales tax payments back into the appropriate fiscal
year.
Provisions Affecting Nonprofit Organizations
The Governor had originally proposed a number
of changes in his tax reform plan that would have directly affected the
tax-exempt status of nonprofits. There
are no significant changes to nonprofits’ tax status in the final omnibus
bill.
Some provisions relating to nonprofits
include:
- A $200,000 appropriation for the 2002-03
biennium for grants to nonprofits providing volunteer tax assistance to low-income
and disadvantaged taxpayers.
- A new sales tax exemption for nonprofits
(and local government entities) for construction materials to build, improve,
or expand qualified low-income housing.
- A property tax exemption for certain
property owned by 501(c)(3) agricultural historical societies.
- Changes to the current sales tax
exemption for tickets to arts events: to receive the exemption, nonprofit arts
organizations need to meet a number of criteria, including receiving a certain
percentage of their total revenues from charitable donations. Non-arts related nonprofits will no longer
be able to “lend” their tax-exempt status to event promoters.
- A clarification that fundraising sales
for combined campaigns are not taxable — for example, a company that sells
cookbooks to their employees to raise money for United Way would not have to
collect sales tax on the cookbooks.
- For corporate taxes, the bill eliminates the
charitable contribution modification and federal special deduction in order to
conform to the federal definition of taxable net income. This eliminates incentives for
Minnesota-based charitable giving.
Health Care Taxes
Although there was a great deal of discussion
over the legislative session about replacing health care provider taxes with
another revenue source, no major changes were made in the structure of health
care taxes. The MinnesotaCare provider
tax is frozen at 1.5% until January 1, 2004 (without action, it would have
increased to 2%), and the HMO premiums tax is delayed until this date. Adult day care centers were exempted from
the provider tax.
The primary resources for this document include House
Research’s Act Summary
and Property
Tax Simulations, Minnesota Department of Revenue’s Sales
Tax Rebate 2001 Fact Sheet, and House Fiscal Analysis
spreadsheets.
Click on the footnote number to
return to text.
[1]
The bill proposes to reimburse counties for a portion of their non-federally
reimbursed out-of-home placement costs — either 30% or the percentage needed so
the amount of takeover does not exceed the amount of HACA received for any
metro county, whichever is less. This
provision will only go into effect if the Commissioners of Human Services and
Corrections certify that there is accurate data available to determine the
appropriate aid payment amounts.
[2]
The bill sets aside $14 million in an LGA reform account. An additional $14 million plus an inflation
adjustment will be added each year until the LGA program is changed.
[3]
These credits are different from those based on ability to pay, such as the
Circuit Breaker or Renter’s Credit.
[4]
Electric generating public utility property receives a reduction of 36.8%; all
other types receive an average cut of 12.5%.
[5]
For example, an analysis of the city of Minneapolis by the Property Tax Study Project shows
that tax relief declines over time for homes and 1-3 rental unit properties and
increases for apartments and commercial/industrial properties. Holding values and levies constant, low- and
average-value homes in Minneapolis will have higher property tax bills than they
would under current law when the tax bill is fully in effect.
[6]
For more information, see Minnesota Budget Project, The Renter’s Credit/Circuit
Breaker Property Tax Refund Program.
[7]
The impact is relatively small: a $967.5 million reduction in property taxes in
2002 results in a $35 million increase in income taxes in 2003.
[8]
Subtractions reduce the amount of income subject to tax, while credits reduce
the amount of tax owed. The K-12 credit
is refundable, so if the amount of credit is greater than the taxpayer’s tax
liability, the excess is refunded to the taxpayer. Families with household
income below $37,500 can receive a credit for eligible education expenses up to
$1,000 per child, up to a maximum of $2,000 per family. The K-12 subtraction has no income ceiling
and allows a subtraction for the same types of educational expenses as for the
K-12 credit, but also includes private school tuition.
[9]
The income eligibility amounts for this credit are adjusted each year for
inflation. These describe the most
recent eligibility figures.
[10]
Such purchases are currently subject to the sales tax. However, states have difficulty in
collecting the tax from out-of-state retailers.
Updated August 7, 2001
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