Subdivision 1. Production tax. A tax is imposed on the production of electricity from a solar energy generating system used as an electric power source.
Subd. 2. Definitions. (a) For the purposes of this section, the term "solar energy generating system" means a set of devices whose primary purpose is to produce electricity by means of any combination of collecting, transferring, or converting solar generated energy.
(b) The total size of a solar energy generating system under this subdivision shall be determined according to this paragraph. Unless the systems are interconnected with different distribution systems, the nameplate capacity of a solar energy generating system shall be combined with the nameplate capacity of any other solar energy generating system that:
(1) is constructed within the same 12-month period as the solar energy generating system; and
(2) exhibits characteristics of being a single development, including but not limited to ownership structure, an umbrella sales arrangement, shared interconnection, revenue-sharing arrangements, and common debt or equity financing.
In the case of a dispute, the commissioner of commerce shall determine the total size of the system and shall draw all reasonable inferences in favor of combining the systems.
For the purposes of making a determination under this paragraph, the original construction date of an existing solar energy conversion system is not changed if the system is replaced, repaired, or otherwise maintained or altered.
(c) In making a determination under paragraph (b), the commissioner of commerce may determine that two solar energy generating systems are under common ownership when the underlying ownership structure contains similar persons or entities, even if the ownership shares differ between the two systems. Solar energy generating systems are not under common ownership solely because the same person or entity provided equity financing for the systems.
Subd. 3. Rate of tax. (a) For a solar energy generating system with a capacity exceeding one megawatt alternating current, the tax is $1.20 per megawatt-hour.
(b) A solar energy generating system with a capacity of one megawatt alternating current or less is exempt from the tax imposed under this section.
Subd. 4. Reports. An owner of a solar energy generating system subject to tax under this section shall file a report with the commissioner of revenue annually on or before January 15 detailing the amount of electricity in megawatt-hours that was produced by the system in the previous calendar year. The commissioner shall prescribe the content, format, and manner of the report pursuant to section 270C.30. The report must contain the information required by the commissioner to determine the tax due to each county under this section for the current year. If an owner of a solar energy generating system subject to taxation under this section fails to file the report by the due date, the commissioner of revenue shall determine the tax based upon the nameplate capacity of the system multiplied by a capacity factor of 30 percent.
Subd. 5. Notification of tax. (a) On or before February 28, the commissioner of revenue shall notify the owner of each solar energy generating system of the tax due to each county for the current year and shall certify to the county auditor of each county in which the system is located the tax due from each owner for the current year.
(b) If the commissioner of revenue determines that the amount of production tax has been erroneously calculated, the commissioner may correct the error. The commissioner must notify the owner of the solar energy generating system of the correction and the amount of tax due to each county and must certify the correction to the county auditor of each county in which the system is located on or before April 1 of the current year. The commissioner may correct errors that are clerical in nature until December 31.
Subd. 6. Payment of tax; collection. The amount of production tax determined under subdivision 5 must be paid to the county treasurer at the time and in the manner provided for payment of property taxes under section 277.01, subdivision 3, and, if unpaid, is subject to the same enforcement, collection, and interest and penalties as delinquent personal property taxes. Except to the extent inconsistent with this section, the provisions of sections 277.01 to 277.24 and 278.01 to 278.14 apply to the taxes imposed under this section, and for purposes of those provisions, the taxes imposed under this section are considered personal property taxes.
Subd. 7. Distribution of revenues. Revenues from the taxes imposed under this section must be part of the settlement between the county treasurer and the county auditor under section 276.09. The revenue must be distributed by the county auditor or the county treasurer to local taxing jurisdictions in which the solar energy generating system is located as follows: 80 percent to counties and 20 percent to cities and townships.
Subd. 8. Extension. The commissioner may, for good cause, extend the time for filing the report required by subdivision 4. The extension must not exceed 15 days.
2014 c 308 art 2 s 8; 1Sp2017 c 1 art 16 s 18; art 20 s 3; 1Sp2021 c 14 art 13 s 4,5
Structure Minnesota Statutes
Chapters 272 - 289 — Property Taxes
Chapter 272 — Taxation, General Provisions
Section 272.01 — Property Subject To Taxation.
Section 272.011 — State-owned Property Used For Housing Officers Or Employees.
Section 272.02 — Exempt Property.
Section 272.021 — Property Of Volunteer Fire Department Exempt From Taxation.
Section 272.0211 — Sliding Scale Market Value Exclusion For Electric Power Generation Efficiency.
Section 272.0212 — Border Development Zone Property.
Section 272.0213 — Leased Seasonal-recreational Land.
Section 272.025 — Filing Requirement.
Section 272.027 — Personal Property Used To Generate Electricity For Production And Resale.
Section 272.028 — Payment In Lieu Of Production Tax; Wind Generation Facilities.
Section 272.029 — Wind Energy Production Tax.
Section 272.0295 — Solar Energy Production Tax.
Section 272.04 — Mineral, Gas, Coal, And Oil Owned Apart From Land; Space Above And Below Surface.
Section 272.06 — Legality Presumed.
Section 272.08 — Interest On Unpaid Taxes.
Section 272.10 — Right To Assess And Collect; Limitation.
Section 272.11 — Expenses Of Reassessment.
Section 272.115 — Certificate Of Value; Filing.
Section 272.12 — Conveyances, Taxes Paid Before Recording.
Section 272.121 — Current Tax On Divided Parcels.
Section 272.122 — Electronic Facsimile.
Section 272.14 — Transfer Of Undivided Interest.
Section 272.15 — Deed To Correct Title.
Section 272.16 — Transfer Of Specific Part.
Section 272.161 — Determination Of Net Tax Capacity Of Specific Part Of Land Transferred.
Section 272.162 — Restrictions On Transfers Of Specific Parts.
Section 272.17 — List Of Certificates Of Sale Filed With Auditor.
Section 272.19 — Platting Of Irregular Tracts.
Section 272.191 — Irregular Tracts Of Land, Code System Of Describing.
Section 272.193 — Numbering Tracts.
Section 272.195 — Legal Description.
Section 272.196 — Certified Copies, Filing, Exceptions.
Section 272.20 — Railroad Lands Becoming Taxable; Lists Of Lands Reverting To Railroads.
Section 272.21 — Railroad Lands; Sale.
Section 272.22 — When Stock Represents Lands.
Section 272.23 — Taxability In Litigation.
Section 272.24 — Company To Report Transfers.
Section 272.28 — Counties Having Bonded Debt; Sinking Fund; Tax.
Section 272.29 — Governor May Suspend Or Remove.
Section 272.30 — Actions Against Officers; Expense Of County.
Section 272.31 — Lien Of Real Estate Taxes.
Section 272.32 — Assessments For Local Improvements In Cities.
Section 272.33 — Assessments For Local Improvements In Cities Of First Class.
Section 272.38 — Structures, Standing Timber, Or Minerals Not To Be Removed.
Section 272.39 — Structures, Timber, Or Minerals May Be Seized.
Section 272.42 — Violations; Liability.
Section 272.43 — Real Estate Tax Judgment; No Limitation.
Section 272.435 — Notice Of Tax Payments To Mortgagors And Contract Vendees.
Section 272.44 — Taxes Paid By Lienholders Are Added To Lien.
Section 272.46 — Auditor To Furnish Statement Of Tax Liens And Tax Sales; Fees; Application.
Section 272.481 — Place Of Filing.
Section 272.482 — Execution Of Notices And Certificates.
Section 272.483 — Duties Of Filing Officer.
Section 272.485 — Uniformity Of Application And Construction.
Section 272.486 — Short Title.
Section 272.488 — Computerized Filing Of Tax Liens And Notices.
Section 272.58 — Enforcement Of Taxes Reciprocally In Courts Of This And Other States.
Section 272.67 — Division Of Land In Cities Into Rural And Urban Districts.
Section 272.68 — Payment Of Taxes And Assessments On Property Acquired By The State.
Section 272.71 — Tif Properties; Notice Of Potential Valuation Reductions.