Minnesota § 290.9729 - TAX ON PASSIVE INVESTMENT INCOME
Full text of Minnesota Minnesota Statutes § 290.9729 — TAX ON PASSIVE INVESTMENT INCOME, with citation guidance and answers to common questions.
§ 290.9729. TAX ON PASSIVE INVESTMENT INCOME
Subdivision 1.Tax imposed.
There is imposed a tax for the taxable year on the taxable income of an S corporation, if for the taxable year an S corporation has:
(1) subchapter C earnings and profits at the close of such taxable year; and
(2) gross receipts more than 25 percent of which are passive investment income.
The tax is imposed at the rate prescribed by section 290.06, subdivision 1. The terms "subchapter C earnings and profits," "passive investment income," and "gross receipts" have the same meanings as when used in sections 1362(d)(3) and 1375 of the Internal Revenue Code.
Subd. 2.Taxable income.
For the purposes of this section, taxable income means the lesser of:
(1) the amount of the S corporation's excess net passive income, as determined under section 1375 of the Internal Revenue Code, subject to the provisions of sections 290.0133 to 290.0135, that is allocable to this state under section 290.17, 290.191, or 290.20; or
(2) the amount of the S corporation's federal taxable income, as determined under section 1374(d)(4) of the Internal Revenue Code, subject to the provisions of sections 290.0133 to 290.0135, that is allocable to this state under section 290.17, 290.191, or 290.20.
Subd. 3.Waiver of tax.
The tax imposed by this section shall be waived if the taxpayer receives a waiver for federal income tax purposes under section 1375(d) of the Internal Revenue Code.
History:
1988 c 719 art 2 s 49; art 3 s 12; 1989 c 28 s 25; 1990 c 604 art 2 s 16; 1991 c 291 art 6 s 46; 1992 c 511 art 6 s 19; 1993 c 375 art 8 s 14; 1994 c 587 art 1 s 24; 2003 c 2 art 1 s 34; 2016 c 158 art 3 s 26
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 290.9729
What does Minnesota Statutes § 290.9729 cover?
Section 290.9729 ("TAX ON PASSIVE INVESTMENT INCOME") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 290.9729?
A common citation format is "Minnesota Statutes § 290.9729" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 290.9729 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.