Senate File No. 88 is a bill proposing modifications to Minnesota's tax law, particularly when it comes to assessing individual income, corporate franchise, and sales and use taxes. It seeks to amend section 270C.33 of the Minnesota Statutes by introducing new limitations on the tax assessment authority of the commissioner.

Key points of the bill include:

1. Limitation on Assessment Authority: The bill limits the power of the tax commissioner to assess additional taxes if certain conditions are met. These conditions are aimed at protecting taxpayers who have followed erroneous advice provided by the tax department.

2. Criteria for Protection from Additional Assessment:

   • The taxpayer must have received incorrect written advice from an official employee of the Department of Revenue.
   • This advice must have been based on a specific request from the taxpayer or included in a relevant tax order, and relied upon reasonably by the taxpayer.
   • The advice must not be based on misleading or incomplete information provided by the taxpayer.
   • The advice remains applicable in subsequent periods unless there has been a significant change in the applicable laws or rules, or a court decision has altered their interpretation. Additionally, there should not be any new federal adjustments or notifications from the commissioner that would contradict the advice previously given.

3. Application to Audits: In the case of an audit for a previous tax period, the restrictions on additional tax assessments apply strictly to issues specifically covered by the audit, provided the written advice given during this audit was erroneous.

The bill essentially aims to provide fairness and protection for taxpayers who follow guidance from the tax department, ensuring they are not penalized later if that guidance turns out to be incorrect.