SF 5290

05/07/26  REVISOR  EAP/BM  26-08592      as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 5290
  (SENATE AUTHORS: KLEIN)
  DATE       D-PG  OFFICIAL STATUS
  05/13/2026    10561 Introduction and first reading
  Referred to Taxes
1.1A bill for an act
1.2relating to taxation; individual income and corporate franchise tax; requiring an
1.3addition for certain pharmaceutical marketing expenses; amending Minnesota
1.4Statutes 2024, sections 290.0131, by adding a subdivision; 290.0133, by adding
1.5a subdivision.
1.6    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7Section 1. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision
1.8    to read:
1.9Subd. 21. Pharmaceutical marketing expenses. (a) For the purposes of this subdivision,
1.10   the following terms have the meanings given:
1.11(1) "direct-to-consumer pharmaceutical marketing" means advertising, marketing, or
1.12   promotional activities directed toward consumers in the United States that are intended to
1.13   promote the use, purchase, or prescription of a prescription drug or biologic, including
1.14   television, radio, print, digital, and social media advertising, as well as patient-directed
1.15   outreach and disease awareness campaigns funded by a pharmaceutical manufacturer and
1.16   linked to a specific product; and
1.17(2) "pharmaceutical manufacturer" means a person or entity engaged in the production,
1.18   preparation, propagation, compounding, or processing of prescription drugs or biologics.
1.19(b) The amount deducted under section 162 of the Internal Revenue Code for
1.20   direct-to-consumer pharmaceutical marketing is an addition.
1.21EFFECTIVE DATE. This section is effective for taxable years beginning after December
1.22   31, 2026.
Section 1.  1
05/07/26        REVISOR  EAP/BM  26-08592  as introduced
2.1   Sec. 2. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision
2.2 to read:
2.3     Subd. 16. Pharmaceutical marketing expenses. The amount deducted under section
2.4 162 of the Internal Revenue Code for direct-to-consumer pharmaceutical marketing is an
2.5 addition. For purposes of this subdivision, "direct-to-consumer pharmaceutical marketing"
2.6 has the meaning provided in section 290.0131, subdivision 21.
2.7     EFFECTIVE DATE. This section is effective for taxable years beginning after December
2.8 31, 2026.
Sec. 2.  2