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CORPORATE FRANCHASE TAX INDIVIDUAL INCOME TAX Tax Credit for Qualified High Technology Business April 4, 2008 Yes DOR Administrative Costs/Savings Department of Revenue Analysis of H.F. 3143 (Winkler), 1st Engrossment F.Y. 2008 General Fund $0 Fund Impact F.Y. 2009 F.Y. 2010 (000’s) ($3,000) ($3,000) No X F.Y. 2011 ($3,000) Effective beginning with tax year 2008. EXPLANATION OF THE BILL The bill would allow a 25% investment tax credit for qualified taxpayers’ investments in a qualified high technology business. The bill places a ceiling on the maximum of amount tax credits that can be issued at $3 million per tax year. The credit applies to both the individual income tax and the corporate franchise tax. The maximum credit is $25,000 for an individual who is not part of a partnership, and the maximum credit is $300,000 for a C corporation or a pass-through entity. Unused tax credits can be carried forward tax years. Qualified taxpayers are defined as accredited investors under SEC Regulation D who do not own 20% or more of the outstanding securities of the qualified business. Under Regulation D, accredited investors generally are high income and net worth individuals or entities with substantial assets A qualified high technology business must conduct business in a qualifying high technology field, including but no limited to: aerospace, agricultural processing, alternative energy, biotechnology, defense, drug delivery, environmental engineering, food technology, cellulosic ethanol, information technology, green manufacturing, materials science technology, medical devices, nanotechnology, pharmaceutical technology, and telecommunications. The bill also includes a list of activities such as real estate where the business must not be engaged. A qualified business must have its headquarters in Minnesota, employ no more than 25 Minnesota full-time employees, have gross receipts less than $1 million, be in operation for less than ten years, and have investments of capital received in previous years of less than $2 million. Department of Revenue Analysis of H.F. 3143, 1st Engrossment Page 2 April 4, 2008 REVENUE ANALYSIS DETAIL • Investments in a qualified high technology business are assumed to come from three sources: friends and family of the owners of the business, the so-called angel investment groups, and venture capital groups. • Estimates are based on the published industry reports on the amount of venture capital invested in Minnesota. The amount of the venture capital invested that qualifies for the tax credit is assumed to exceed $12 million per year. Therefore, the impact is assumed to be the limit of $3 million per year. Number of Taxpayers: Unknown Source: Minnesota Department of Revenue Tax Research Division http://www.taxes.state.mn.us/taxes/legal_policy hf3143(sf3083)_1/dkd