HF4040 (Legislative Session 94 (2025-2026))
Advance payments of the K-12 education credit provided, and report required.
AI Generated Summary
Purpose
This bill adds a new option to receive part of the K12 education credit before the end of the year. It allows eligible taxpayers to request advance payments of the education credit and sets rules for eligibility, timing, and how these advances affect the final credit for the year.
Key Provisions
- New provision: Adds Subdivision 7 (Advance payments) to Minnesota Statutes 2024 section 290.0674.
- How the advance is calculated (for the prior year): A taxpayer can elect to receive an advance equal to half the amount of the education credit the taxpayer received under this section in the taxable year ending in the previous calendar year.
- Additional option for new qualifying-child cases: A taxpayer with a qualifying child who did not receive a tax credit in the previous year may elect to receive an advance payment of up to $750 for each qualifying child in the current year. The taxpayer must certify they understand that the advance may increase tax liability if there aren’t sufficient education-related expenses in the current year.
- Eligibility threshold: To be eligible for an advance payment, the taxpayer’s adjusted gross income must have been below the applicable phaseout threshold for the child credit under section 290.0661 subdivision 4 in the previous year.
- Application timing: Taxpayers must apply to the commissioner in the method specified by the commissioner no later than September 1.
- Payment timing: The commissioner cannot make an advance payment before July and cannot make one after September 15.
- End-of-year reconciliation: The year’s education credit amount is reduced by the total advance payments received in the calendar year in which the taxable year began. If the advances exceed the credit amount, the taxpayer’s tax liability increases by the difference.
Eligibility & Process Details
- Qualifying child: The term is used in the bill in relation to the child who may be eligible for the current year’s credit.
- Application method: Details are set by the commissioner (not specified in the text provided).
- Certification requirement: For the $750 per qualifying child option, the taxpayer must certify awareness of potential increases in tax liability if insufficient education-related expenses exist in the current year.
Financial Impact and Reconciliation
- Advance impact: Receiving an advance reduces the credit available for the year, effectively front-loading part of the credit.
- Recapture risk: If advances exceed the actual credit for the year, the taxpayer’s liability increases by the difference.
- AGI and phaseout: Eligibility depends on the prior-year AGI relative to the child credit phaseout thresholds.
Significant Changes to Existing Law
- Creates a new Subdivision 7 to authorize advance payments of the K12 education credit.
- Establishes eligibility, amounts, deadlines, and timing for advances.
- Introduces a mandatory end-of-year reconciliation that reduces the annual credit by the amount of advances and may raise tax liability if advances exceed the credit.
Effective Implementation (Implementation Notes)
- The changes require administration by the tax commissioner to process applications, determine eligibility (including AGI phaseout thresholds), and schedule/issue payments within the July 1–September 15 window.
- The bill also introduces a reporting element (as noted in the preface), though specific reporting details are not included in the excerpt.
Relevant Terms - advance payments - K12 education credit - Minnesota Statutes 2024 section 290.0674 - Subdivision 7 - qualifying child - adjusted gross income (AGI) - applicable phaseout threshold - child credit (section 290.0661 subdivision 4) - education-related expenses - commissioner (tax department) - application deadline (September 1) - timing window (no earlier than July; no later than September 15) - credit reduction - tax liability increase - prior-year credit - current-year credit - per-child amount (up to $750)
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Education Finance on: March 10, 2026 13:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 05, 2026 | House | Action | Introduction and first reading, referred to | Taxes |
Citations
[
{
"analysis": {
"added": [
"Adds Subd. 7 Advance payments.",
"Sets the advance payment amount to half the credit received in the prior taxable year.",
"Provides eligibility criteria tied to qualifying child status and AGI thresholds referenced to §290.0661, subd. 4.",
"Requires an application process with a deadline (no later than September 1) and limits the timing of payments (not before July or after September 15).",
"Reduces the current year's credit by the amount of any advance payments; increases tax liability if advances exceed the credit."
],
"removed": [],
"summary": "This bill adds Subd. 7 to Minnesota Statutes 2024, §290.0674, to authorize advance payments of the K12 education credit.",
"modified": [
"Amends §290.0674 to add Subd. 7; maintains existing credit rules and definitions."
]
},
"citation": "290.0674",
"subdivision": "Subd. 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes 2024, §290.0661, subd. 4 for the child credit phaseout thresholds; it does not modify §290.0661 itself.",
"modified": [
"The bill uses §290.0661, subd. 4 as the applicable AGI threshold for eligibility of the advance payments described in §290.0674, subd. 7."
]
},
"citation": "290.0661",
"subdivision": "Subd. 4"
}
]