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The Minnesota Legislature is thinking about imposing a new capital gains and dividends tax in addition to the state’s prime marginal revenue price of 9.85%. The euphemistically named “preferential price” would impose a 1.five% more tax on net extended-term capital gains amongst $500,000 and $1 million.

Coming on prime of the 9.85% prime marginal revenue tax price, the new tax would bring the total tax price on these capital gains to 11.35%. The proposed legislation would tax capital gains more than $1 million at a “preferential price” of four% on prime of the 9.85% standard tax price — for a total price of 13.85%.

For tiny firms, this new tax may perhaps be a considerable incentive to move out of Minnesota. The Compact Business enterprise Administration defines tiny firms by firm income ranging from $1 million to additional than $40 million and by employment from one hundred to additional than 1,500 workers, based on the sort of small business.

Think about a standard “tiny small business” that has $20 million in annual income and $five million of earnings just before interest, taxes, depreciation and amortization (usually referred to as EBITDA) and has 300 workers positioned in Minnesota.

Let’s also assume that the owner is considering about promoting this small business sometime in the future, and she believes she can sell the small business for a a number of of ten occasions EBITDA (ten x $five million = $50 million).

If the proposed “preferential tax price” had been to go into impact just before she sells her small business, and if she realized a extended-term capital achieve of $50 million, and if the small business had stayed in Minnesota, she would incur a $six.925 million state tax bill in Minnesota. (Devoid of the “preferential tax” she would have a $four.925 million tax bill from Minnesota.)

Now let’s assume the owner alternatively decided to move the small business to Iowa. In 2023, Iowa’s prime marginal tax price will be six% (lately lowered from eight.53%). Iowa does not have a particular capital gains tax.

Now when our hypothetical owner went to sell the small business that she had moved to Iowa, she would spend Iowa $three million on her $50 million capital achieve, saving $three.925 million from the tax bill she would have paid had she kept the small business in Minnesota. Even if it had expense our hypothetical owner $1 million to move her small business across the border to Iowa, she nonetheless would have saved practically $three million in state revenue taxes.

Of course, if our hypothetical small business owner had been to move her small business to a no-revenue- tax state like Florida or Texas, she would save the complete $six.925 million in state revenue tax.

You could be asking, would a small business truly move out of Minnesota if Minnesota imposes 1 of the highest capital gains taxes in the nation? The answer, regrettably, could be yes.

For instance, in 2021, Washington state passed a 7% tax on capital gains more than $250,000.

On March four, 2023, the Washington Supreme Court located this tax to be constitutional.

On March 27, 2023, Fisher Investments, which manages practically $200 billion for private investors, institutions and retirement plans, announced that it was moving its headquarters from Camas, Wash., to Plano, Texas, simply because of Washington’s 7% tax on capital gains.

Producing it lucrative for Minnesota firms and their workers to move out of state is not very good tax policy.

William Lunka is the founder of SALT Partners LLC, a state and nearby tax consulting firm.