Instructions for Form M25
New for 2013 assessment
differ. Common ownership does not exist
exempt from the wind energy production tax
and subject to payments in lieu of the tax.
solely because the same person or entity
The Department of Revenue is asking for
provided equity financing.
ownership information on Form M25 to
Completing the form
ensure all companies are paying the correct
Rate of tax
amount of wind energy production tax.
Form M25 must be submitted as accurately
This information will help us verify that the
Large scale WECSs have more than 12 mega
and completely as possible. Attach addi
nameplate capacity is properly calculated
watts as provided by the nameplate capacity
tional sheets if necessary. When completing
for all wind energy conversion systems. If
the “Owner Information” section:
of the system or as combined with other
you have questions, contact us by email at
systems. The rate of tax for large scale
• If the wind energy company is owned
sa.property@state.mn.us.
WECSs is .12 cents ($.0012) per kilowatt
by an LLC or partnership, list all mem
hour of electricity produced by the system.
bers or partners.
Who must file
Medium scale WECSs have a nameplate
• If the owner is an S corporation, list all
You must file Form M25 annually if you pro
capacity of greater than two megawatts
shareholders.
duce electricity by means of a wind energy
and up to twelve megawatts. The rate of
conversion system (WECS) installed after
tax for medium scale WECSs is .036 cents
• If the owner is a C corporation, list all
Jan. 1, 1991, unless the system is exempt
($.00036) per kilowatt hour of electricity
shareholders with an ownership inter
from tax (see below).
produced by the system.
est that exceeds 10 percent.
A WECS is any device that converts wind
Small scale WECSs have a nameplate capa
• Provide the company owner’s federal
energy to a usable form of energy.
city of less than two megawatts. The rate
ID number or — for sole proprietors —
of tax for small scale WECSs is .012 cents
Social Security number.
Systems exempt from tax. The following
($.00012) per kilowatt hour of electricity
WECSs are exempt from the tax:
• Provide the street address of each system
produced by the system.
reported on Form M25. Be as accurate
• All small-scale systems with a capacity
Tax Rate Information
as possible.
of 0.25 megawatts or less; and
Large Scale = $1.20 per MWH
The location of each system with similar
• Small-scale systems owned by a
Medium Scale = $0.36 per MWH
owners may be subject to reporting their
municipality if the system’s capacity is
Small Scale = $0.12 per MWH
nameplate capacity as one system. The ac
two megawatts or less.
One MWH is equal to 1,000 KWHs.
curacy of the addresses of each system will
Due dates
help determine the correct rate of tax.
Information and assistance
Form M25. You must file Form M25 with
Choosing a basis of apportionment
If you have questions or need help complet
the Department of Revenue by February 1
You have the option of having the tax ap
ing this form, call 6515566091 or 651556
each year to report electricity produced dur
portioned to each taxing area based on the
6102. TTY: Call 711 for Minnesota Relay.
ing the previous calendar year.
number of towers and interconnects OR by
We’ll provide this information in another
the systems’ actual production. Check one
The Department of Revenue will determine
format upon request to persons with dis
of the boxes at the top of the form.
the production tax due, and notify you and
abilities.
the counties where the systems are located
Special taxing districts
of the amount due on or before February 28
If you don’t know if the system is located in
Use of information
of each year.
a special taxing district (such as a water
The information requested on this form is
shed district), contact the county where the
If you don’t file this report on time, the
required by state law. It is used to determine
system is located.
Department of Revenue will determine your
your wind energy production tax, the taxing
tax based on information available regard
Parcel ID numbers
areas entitled to levy the tax and your iden
ing the capacity of the systems and assume a
If you don’t have a parcel ID number for a lo
tity. If you do not provide the information,
production rate of 60 percent of capacity.
cation, contact the county where the system
the Department of Revenue may assess tax
is located.
based on available information.
Payment of tax. You must pay the tax to
the county treasurers where the systems are
Your Social Security number is private
Size of WECSs
located on or before May 15 of each year.
infor mation and cannot be disclosed to
The nameplate capacity of a WECS will be
others without your consent. Your federal
combined with the nameplate capacity of
Alternative payment plans
ID number is also private or nonpublic
other WECSs if:
A payment in lieu of the wind energy
information, but can be disclosed to county
production tax may be negotiated between
or local officials for tax administration pur
1. The systems are located within five
the owner of the WECS and the jurisdic
poses. All other information is public.
miles of each other;
tion where the system is located. The plan
2. The systems were constructed in the
must be signed by all parties and filed with
Penalties
same calendar year; and
the Department of Revenue and the county
Making false statements on this report is
recorder where the system is located.
3. The systems are under common
against the law. Minnesota Statutes, section
ownership.
609.41, states that anyone giving false infor
Companies that have negotiated an alterna
mation in order to avoid or reduce their tax
tive payment plan under the provisions of
Common ownership exists when the same
obligation is subject to a fine of up to $3,000
Minnesota Statutes, section 272.028, must
or similar persons or entities own two or
and/or up to one year in prison.
follow the terms of the contract in order to be
more systems, even if the ownership shares