A Guide To STARTING A BUSINESS IN MINNESOTA 44th Ed 2026

• Employee Retirement Plans: • If a partnership sets up a qualified plan for its employees (not for the partners themselves), the business can deduct these contributions as a regular business expense, as long as the plan meets IRS requirements. • Minnesota Tax Treatment: • Minnesota generally follows the federal tax rules for partner and employee retirement plan contributions. Partners should consult a tax advisor to understand deduction limits and ensure both federal and state requirements are met for both personal and employee plan contributions. LLC or Corporation LLCs (depending on their classification) and corporations may establish and contribute to qualified retirement plans—such as 401(k), SEP, SIMPLE IRA, or defined benefit plans—for their employees and owners. Contributions made by the business to a qualified plan are generally deductible as a business expense if the plan is approved by the IRS and meets all federal requirements. • Tax Treatment (LLC/Corporation): • Employer contributions to a qualified plan can be deducted on the business tax return (for an LLC, on Form 1065, U.S. Return of Partnership Income or 1120-S, U.S. Income Tax Return for an S Corporation if taxed as a partnership or S corp, or Form 1120, U.S. Corporation Income Tax Return. • Contributions for employees must follow IRS limits and plan rules to be deductible. • For C corporations, the deduction typically appears on Form 1120 as a compensation/ retirement expense. • LLCs taxed as sole proprietorships or partnerships follow the rules outlined above for those entities. • Plan Types: • Common plans include 401(k), 403(b), SEP IRAs, SIMPLE IRAs, and profit-sharing (defined contribution or defined benefit) plans. • “Master” and “prototype” plan documents, pre-approved by the IRS, are often available through banks, investment firms, or professional organizations. These can simplify setup but still require compliance checks. Capital Gains and Losses When a business sells or disposes of a capital asset , it may generate a capital gain (profit) or capital loss (loss). A capital asset is nearly everything a business owns, except: • Inventory or items held for sale to customers

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