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Form W-8eci Minnesota: What You Should Know

FATWA W-8 Series, U.S. Treasury May 15, 2015, This is a very important update for U.S. tax practitioners who do business in Minnesota. The Minnesota FATWA is a “bureaucratic nightmare” as the Minnesota Department of Revenue (MDR) has taken a very narrow view of the law. It is clear that the Minnesota Legislature has not granted that authority to the Legislature to create a new state or federal version of FATWA. Instead, the Minnesota Department of Revenue (MDR) is required to enforce Section 7609 of the Internal Revenue Code as stated in U.S. Code (IRC), Code Section 1184. A Minnesota Department of Revenue (MDR) has adopted a very narrow view of Section 7609 of the Tax Code. This policy is contrary to the spirit and intent of the Congress, the federal IRS regulations, the President's Executive Order, and the Minnesota Legislature. On April 28, 2014, Minnesota Governor Mark Dayton issued Executive Order No. 6042 (Governor's Order No. 6042) for the following purpose. To create, in his fiscal year 2023 budget proposal, an alternative means of enforcing the application of section 7609 and IRC, Code Section 1184, of the Internal Revenue Code with the purpose of: (i) reducing the risk to state, local, and tribal governments and taxpayers from excessive and opaque tax compliance programs and (ii) improving access to taxpayers at risk.  This is a very important update for U.S. tax practitioners who do business in Minnesota. The Minnesota FATWA is a “bureaucratic nightmare” as the Minnesota Department of Revenue (MDR) has taken a very narrow view of the law. It is clear that the Minnesota Legislature has not granted that authority to the Legislature to create a new state or federal version of FATWA. Instead, the Minnesota Department of Revenue (MDR) is required to enforce Section 7609 of the Internal Revenue Code as stated in U.S. Code (IRC), Code Section 1184. A Statement from the Minnesota Department of Revenue May 5, 2023 — Minn. Dept. of Revenue.

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