©2021 TaxJar. This fact sheet is intended to help you become more familiar with Minnesota tax laws and your rights and responsibilities under the laws. // Set that we've now attempted a downgrade request. Historically, Minnesota has been more aware of the existence of 3rd party sellers than many other states. reload = false; See Fact Sheet 110, Items for Use Outside Minnesota. Nothing in this fact sheet supersedes, alters, or otherwise changes any provisions of the tax law, administrative rules, court decisions, or revenue notices. Any reasonable apportionment method can be used. (This does not include gift cards or similar products. fill="#FFF"/>
There is also 19 out of 1084 zip codes in Minnesota that are being charged city sales tax for a ratio of 1.753%. hitsPerPage: config['max_suggestions'], The information provided on this website is for informational purposes only and is not intended to be legal advice. hit._highlightResult[key].value = _.escape(hit._highlightResult[key].value); For bundled transactions, “de minimis” means the seller’s purchase price or sales price for the taxable products is10 percent or less of their total purchase or sales price for the bundled products. COVID-19 Penalty Relief: You may ask us to cancel or reduce filing or payment penalties if you have a reasonable cause or are negatively affected by the COVID-19 pandemic. Minnesota's legislators have enacted sales tax laws, usually referred to as tax statutes. Or will Amazon require approval & registration for all sellers wishing to sell in Minnesota?”, Fleming goes on to say: “Perhaps Amazon will start collecting tax [on 3rd party sellers’ behalf], but as of now our best guess is that Amazon would require sellers to register in Minnesota before allowing them to sell into the state. d="M4.662 8.72l-1.23 1.23c-.682.682-.68 1.792.004 2.477l5.135 5.135c.7.693 1.8.688 2.48.005l1.23-1.23 5.35-5.346c.31-.31.54-.92.51-1.36l-.32-4.29c-.09-1.09-1.05-2.06-2.15-2.14l-4.3-.33c-.43-.03-1.05.2-1.36.51l-.79.8-2.27 2.28-2.28 2.27zm9.826-.98c.69 0 1.25-.56 1.25-1.25s-.56-1.25-1.25-1.25-1.25.56-1.25 1.25.56 1.25 1.25 1.25z" templates: { This bill is another attempt to subvert the precedent set by Quill v. North Dakota. Minnesota Administrative Rules. var erroredFunction = msg.match( match_pattern ); Do corporations need paper stock certificates? {{{ data._highlightResult.post_title.value }}} xhr.setRequestHeader( 'Content-Type', 'application/x-www-form-urlencoded' ); Multiple points of use (MPU) Starting July 1, 2013, someone who buys digital products may source the sale to multiple locations. fill-rule="evenodd"> Start the conversation in the comments! return wp.template('autocomplete-header')({ var algolia = {"debug":false,"application_id":"7JQPRF1M3K","search_api_key":"bf27735e132968265254b550775929b7","powered_by_enabled":true,"query":"","autocomplete":{"sources":[{"index_id":"posts_post","index_name":"wp_posts_post","label":"Posts","admin_name":"Posts","position":10,"max_suggestions":5,"tmpl_suggestion":"autocomplete-post-suggestion","enabled":true}]},"indices":{"searchable_posts":{"name":"wp_searchable_posts","id":"searchable_posts","enabled":true,"replicas":[]},"posts_post":{"name":"wp_posts_post","id":"posts_post","enabled":true,"replicas":[]}}}; Tuition is not taxable for classes attended online as part of a course of study by students at a post-secondary school, college, university, or private career school. 'boxModel', } Do I use the sales tax rate where the seller is located or at the buyer’s location? if (typeof hit._highlightResult[key].value !== 'string') { Sales Tax applies to most retail sales of goods and some services in Minnesota. In a prelude to a coming tax debate, Minnesota lawmakers began to pore over bills Wednesday, Jan. 16, that would apply the state sales tax to online purchases and expensive apparel. } var suggestion_template = wp.template(config['tmpl_suggestion']); jQuery.each(algolia.autocomplete.sources, function (i, config) { “Transferred electronically” means the purchaser accesses or obtains the product in a way other than tangible storage media (such as a USB drive or DVD disk). This would play out in a few scenarios: This is a first-of-its-kind bill, so I contacted two sales tax experts to give their opinions on what this might mean for online sellers: Lauren Stinson, President of sales tax firm Windward Tax told us, “Minnesota is another state in a growing list of states trying to capture  internet sales that are slipping through the cracks of taxation. 'andSelf', sources.push({ Administrative rules adopted by the Department of Revenue to administer Minnesota tax laws. header: function () { However, this is much more fair to your average online seller than many other attempts (some of which, like the Marketplace Fairness Act and the Remote Transaction Parity Act, would have online sellers collecting, reporting and filing sales tax in virtually every state). Digital books such as novels, biographies, or dictionaries. fill="#182359"/> In the best case scenario this law sets out, marketplace providers would collect sales tax on behalf of 3rd party sellers. source: algoliaAutocomplete.sources.hits(client.initIndex(config['index_name']), { Many states already have enacted new laws. var jQueryMigrateHelperHasSentDowngrade = false; There is no “national” sales tax law in the U.S. Because of this, online sellers may find themselves dealing with quite different sales tax laws and rules when dealing with sales tax in the different U.S. states. This is permitted only if buyer knows at the time of purchase that the items will be used concurrently in more than one taxing jurisdiction. As of now, Amazon only requires 3rd party sellers to notify them of sales tax registration if they want to set up sales tax collection in a state. would still be required to register for a Minnesota sales tax permit and collect sales tax. // Suppress error alerts in older browsers 297a.9905: use of local tax revenues by cities of the first class. */ (This bill is a super long omnibus tax bill covering many topics, so I recommend searching for the word “marketplace” to find the relevant parts.). if (algolia.powered_by_enabled) { jQuery(function () { This includes Minnesota’s state sales tax rate of 6.875%, Saint Paul’s city sales tax rate of 0.5%, and Mary’s local district tax rate of 0.5%. Common examples of digital products include music or movie downloads, ring tones for a cell phone, digital books – often called “e-books” – and online games. Though five states have previously mulled a Marketplace Sales Tax Law, Minnesota is the first state in the nation to pass one. Marketplace who facilitate 3rd party sales in Minnesota (such as Amazon’s FBA program) would be responsible for collecting sales tax on behalf of 3rd party sellers. } Policy statements that provide added interpretation, details, or information about Minnesota tax laws or rules. }); We provide sales tax rate databases for businesses who manage their own sales taxes, and can also connect you with firms that can completely automate the sales tax calculation and filing process. return true;
This is unless the 3rd party seller is already registered to collect sales tax in Minnesota. } // If there was no matching functions, do not try to downgrade. Is the the bill they’re looking for? However, the affected marketplaces may have the last say and take advantage of a provision in the law that says they don’t have to collect sales tax on behalf of their 3rd party sellers as long as those sellers are registered to collect Minnesota sales tax. How Can YouTubers and Influencers Avoid Legal Pitfalls? } This is the first-type of legislation (collection by the marketplace) in a long list of ways the states are trying to prevent or capture lost revenue – Marketplace Provider Bills, Marketplace Fairness Acts, Economic Nexus Legislation, and Notification Laws are all trying to accomplish the same result.”. And now they want to attempt to collect sales tax on 3rd party marketplace sales by holding the marketplace on the hook for sales tax. 297a.991: reporting of sales tax on minnesota governments. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, When taxable digital products are bundled with nontaxable items and sold for one, To determine if a transaction is taxable, sellers must use their purchase price. Let’s dig in. Simplify Minnesota sales tax compliance! Filing and Paying MN Sales Tax. Minnesota has a system of laws creating a variety of consumer taxes, a state personal income tax, and an estate tax. return suggestion_template(hit); Please consult a tax professional for specific tax guidance. The sale or purchase of a digital product takes place when the seller transfers possession to the purchaser or when the product is first used, whichever comes first. e.preventDefault(); var sources = []; The new law, which isn’t slated to go into effect until 2019, does the following: A “marketplace provider” in the new bill is defined as: Amazon, eBay, Etsy and other marketplace providers would fall into this category. response = JSON.parse( xhr.response ); fill="#1D3657"/> Use the links in the Guide Menu to see information about each topic. /* setup default sources */ Sales tax data for Minnesota was collected from here. It seems increasingly clear that states are not going to give up on collecting what they perceive as lost revenue. 297a.992: metropolitan transportation area sales tax. We also administer a number of local sales taxes. https://aaronhall.com/minnesota-sales-tax-what-is-it-legal-info-exemption-cases For more information about sales tax collection check out our Minnesota Sales Tax Guide for Business.. 1. Who needs a sales tax permit in Minnesota? See Fact Sheet 134, Computer Software. var nonce = '2d931659ba'; } } Local sales taxes might also apply. is not a function/; var $searchInput = jQuery(this); Michael Fleming, Director of Peisner Johnson & Company pointed out a glaring loophole in this bill – that marketplaces don’t have to collect sales tax on behalf of sellers who are registered to collect Minnesota sales tax themselves. The easiest, of course, would be having the marketplace handling the collection & remittance. TaxJar makes sales tax filing easier for thousands of online sellers and merchants across the world. jQuery(document).on("click", ".algolia-powered-by-link", function (e) { Instead, Amazon would be held to assume that burden. } <# if ( data._snippetResult['content'] ) { #> if(autocomplete.autocomplete.getWrapper().style.display === "block") { Paste your Google Webmaster Tools verification code here TaxJar is a trademark of TPS Unlimited, Inc. Minnesota State collects a 0% local sales tax, the maximum local sales tax allowed under Minnesota law; Minnesota State has a lower sales tax than 98.4% of Minnesota's other cities and counties; Minnesota State Minnesota Sales Tax Exemptions In most states, essential purchases like medicine and groceries are exempted from the sales tax or eligible for a lower sales tax rate. d="M59.399.022h13.299a2.372 2.372 0 0 1 2.377 2.364V15.62a2.372 2.372 0 0 1-2.377 2.364H59.399a2.372 2.372 0 0 1-2.377-2.364V2.381A2.368 2.368 0 0 1 59.399.022z" You can read the entire text of the Minnesota marketplace sales tax bill here. 'content:10' }); This also applies to digital codes, if the product(s) to be obtained with the code will be used both inside and outside of the state. }); ]; But will Amazon, Etsy, and eBay be on board?”. Codes that give the purchaser access to the digital products listed above. Should You Create a Second LLC or Use a DBA? var xhr = new XMLHttpRequest(); It depends on the level of activity in the state and each state’s law. Acquire a tax ID or EIN before registering for a Minnesota sales tax permit. label: _.escape(config['label']) */ Look into what other agencies you may have to additionally register with. /* We do not deal with arrays. } Legislative Bulletins. Common ways to do this include: Note: Prewritten computer software is always considered a physical good – known as “tangible personal property” for tax purposes. A civil rights violation. And with the bulk of online sales being imported goods it would seem the states listed above are running up huge federal tax bills that someone eventually may hold them to account for. for (var key in hit._snippetResult) { }; For purposes of this exemption, “concurrently available for use” means that employees or other agents of the buyer may use the digital products simultaneously in locations both inside and outside of Minnesota. Last sales taxes rates update. 'size', reload = response.data.reload; In order for a given state to require you to collect sales tax, that state must pass a law allowing it to do so. In other words they would restrict access to Minnesota.”, Stinson had the same thought. xhr.onload = function () { } You may owe Use Tax on taxable goods and services used in Minnesota when no sales tax was paid at the time of purchase. Register online at the Minnesota Department of Revenue site. Sales tax is governed at the state level. The content of this and any related posts has been copied or adopted from the Minnesota Department of Revenue Sales Tax Fact Sheet #177. /* Force the dropdown to be re-drawn on scroll to handle fixed containers. If you only make taxable sales into Minnesota through a marketplace, the marketplace is responsible for collecting and remitting Minnesota sales tax on your behalf unless you do both of the following: Provide a copy of your Minnesota registration to collect sales and use tax to the marketplace provider. Click here for more Minnesota Sales Tax Guides. Forty-six different states have a sale tax, and they seem to be coming up with just as many different solutions to ensure they’re collecting the maximum amount of sales tax possible. Annual summaries of Minnesota tax law changes enacted during each legislative session. 297a.993: county transportation sales and use tax… If the due date falls on a weekend or holiday, then your sales tax filing is generally due the next business day. for (var key in hit._highlightResult) { COVID-19 Penalty Relief. <# if ( data.images.thumbnail ) { #> Other 2020 sales tax fact for Minnesota As of 2020, there is 6 out of 854 cities in Minnesota that charge city sales tax for a ratio of 0.703%. Minnesota sales tax does not apply to items a seller delivers to customers outside the state, whether transferred electronically or by other means. Digital Products: Sales Tax in Minnesota, What You Need to Know. Shoppers are expected to spend more than $7 billion this Cyber Monday. if ( typeof erroredFunction !== 'object' || typeof erroredFunction[1] === "undefined" || -1 === jQueryFunctions.indexOf( erroredFunction[1] ) ) { Minnesota’s Marketplace Sales Tax Law, Explained. window.location = "https://www.algolia.com/?utm_source=WordPress&utm_medium=extension&utm_content=" + window.location.hostname + "&utm_campaign=poweredby"; Keep in mind that 3rd party sellers who have other forms of sales tax nexus in Minnesota (a home office/business, physical location, employee, salesperson, etc.) Amazon would be one of the marketplaces most affected by this bill, but, as we learned, they may take an “easy out.”. Minnesota first adopted a general state sales tax in 1967, and since that time, the … <# } #> Online retailers are increasingly using Fulfillment by Amazon to sell their products. .on('autocomplete:selected', function (e, suggestion) { <# } #> An introduction to sales and use tax in Minnesota, including a section that explains how sales and use tax law applies to different types of businesses and their business activities. Simplify Minnesota sales tax compliance! But this requirement could become more stringent. The state of Minnesota follows what is known as a destination-based sales tax policy. 297a.99: local sales taxes. Also, the state publishes rules that define and explain in more detail their tax statutes. Digital audiovisual works such as movies, music videos, news and entertainment, or live or recorded events. var client = algoliasearch(algolia.application_id, algolia.search_api_key); This does not include digital photos. The last rates update has been made on July 2020. Historically, Minnesota has been more aware of the existence of 3rd party sellers than many other states. Though five states have previously mulled a Marketplace Sales Tax Law, Minnesota is the first state in the nation to pass one. No results matched your query "{{ data.query }}" Always consult your local government tax offices for the latest official city, county, and state tax rates. If marketplaces follow the spirit of the law, states would win by getting their desired sales tax revenue, and online sellers would win by not having to deal with Minnesota sales tax collection, reporting and filing. // Break out early, do not processing if a downgrade reqeust was already sent. Minnesota Certificate of Exemption, Form ST3. These classes are free and open to the public. Jennifer Dunn's passion is making tough sales tax topics simple so you can get back to doing what you do best - running your business! A … {{ data.post_title }} appendTo: 'body', highlightPostTag: '__/ais-highlight__' 'live', // Automatically reload the page if a deprecation caused an automatic downgrade, ensure visitors get the best possible experience. The law requires the seller to collect, and remit sales tax on retail sales of tangible personal property and certain services. For more information, see Fact Sheet 164, Local Sales and Use Taxes. xhr.open( 'POST', 'https://blog.taxjar.com/wp-admin/admin-ajax.php' ); The Minnesota Department of Revenue recently updated the criteria that determine when a business or marketplace is a … */ jQuery("input[name='s']:not('.no-autocomplete')").each(function (i) { location.reload(); }); One option is to file online by using the Minnesota Department of Revenue. templates: { if (typeof hit._snippetResult[key].value !== 'string') { var jQueryFunctions = [ According to Minnesota’s Sales and Use Tax Instruction Booklet, you should register for a sales tax permit in Minnesota if you:.
And will this bill catch on in other states? Digital audio works such as live or recorded music, songs, speeches, audio books, ring tones, or other sound recordings. }); highlightPreTag: '__ais-highlight__', empty: wp.template('autocomplete-empty') Revenue Analyses. When taxable digital products are bundled with nontaxable items and sold for one lump-sum price, the entire sale is taxable unless the price of the taxable item or service is de minimis. autocomplete.autocomplete.open(); Marketplaces who facilitate less than $10,000 per year in sales would be exempt from collecting sales tax on behalf of their 3rd party sellers. } }), hint: false, Minnesota has a statewide sales tax rate of 6.875%, which has been in place since 1967. In Minnesota, supporters of online sales tax collection extend across party lines. The following digital products are not taxable: The following exemptions apply to taxable digital products. Registering for your Minnesota sales tax permit will be stress free as long as you are adequately prepared. Starting July 1, 2013, certain digital products are subject to Minnesota sales and use tax. d="M102.162 13.762c0 1.455-.372 2.517-1.123 3.193-.75.676-1.895 1.013-3.44 1.013-.564 0-1.736-.109-2.673-.316l.345-1.689c.783.163 1.819.207 2.361.207.86 0 1.473-.174 1.84-.523.367-.349.548-.866.548-1.553v-.349a6.374 6.374 0 0 1-.838.316 4.151 4.151 0 0 1-1.194.158 4.515 4.515 0 0 1-1.616-.278 3.385 3.385 0 0 1-1.254-.817 3.744 3.744 0 0 1-.811-1.351c-.192-.539-.29-1.504-.29-2.212 0-.665.104-1.498.307-2.054a3.925 3.925 0 0 1 .904-1.433 4.124 4.124 0 0 1 1.441-.926 5.31 5.31 0 0 1 1.945-.365c.696 0 1.337.087 1.961.191a15.86 15.86 0 0 1 1.588.332v8.456h-.001zm-5.954-4.206c0 .893.197 1.885.592 2.299.394.414.904.621 1.528.621.34 0 .663-.049.964-.142a2.75 2.75 0 0 0 .734-.332v-5.29a8.531 8.531 0 0 0-1.413-.18c-.778-.022-1.369.294-1.786.801-.411.507-.619 1.395-.619 2.223zm16.12 0c0 .719-.104 1.264-.318 1.858a4.389 4.389 0 0 1-.904 1.52c-.389.42-.854.746-1.402.975-.548.229-1.391.36-1.813.36-.422-.005-1.26-.125-1.802-.36a4.088 4.088 0 0 1-1.397-.975 4.486 4.486 0 0 1-.909-1.52 5.037 5.037 0 0 1-.329-1.858c0-.719.099-1.411.318-1.999.219-.588.526-1.09.92-1.509.394-.42.865-.741 1.402-.97a4.547 4.547 0 0 1 1.786-.338 4.69 4.69 0 0 1 1.791.338c.548.229 1.019.55 1.402.97.389.42.69.921.909 1.509.23.588.345 1.28.345 1.999h.001zm-2.191.005c0-.921-.203-1.689-.597-2.223-.394-.539-.948-.806-1.654-.806-.707 0-1.26.267-1.654.806-.394.539-.586 1.302-.586 2.223 0 .932.197 1.558.592 2.098.394.545.948.812 1.654.812.707 0 1.26-.272 1.654-.812.394-.545.592-1.166.592-2.098h-.001zm6.962 4.707c-3.511.016-3.511-2.822-3.511-3.274L113.583.926l2.142-.338v10.003c0 .256 0 1.88 1.375 1.885v1.792h-.001zm3.774 0h-2.153V5.072l2.153-.338v9.534zm-1.079-10.542c.718 0 1.304-.578 1.304-1.291 0-.714-.581-1.291-1.304-1.291-.723 0-1.304.578-1.304 1.291 0 .714.586 1.291 1.304 1.291zm6.431 1.013c.707 0 1.304.087 1.786.262.482.174.871.42 1.156.73.285.311.488.735.608 1.182.126.447.186.937.186 1.476v5.481a25.24 25.24 0 0 1-1.495.251c-.668.098-1.419.147-2.251.147a6.829 6.829 0 0 1-1.517-.158 3.213 3.213 0 0 1-1.178-.507 2.455 2.455 0 0 1-.761-.904c-.181-.37-.274-.893-.274-1.438 0-.523.104-.855.307-1.215.208-.36.487-.654.838-.883a3.609 3.609 0 0 1 1.227-.49 7.073 7.073 0 0 1 2.202-.103c.263.027.537.076.833.147v-.349c0-.245-.027-.479-.088-.697a1.486 1.486 0 0 0-.307-.583c-.148-.169-.34-.3-.581-.392a2.536 2.536 0 0 0-.915-.163c-.493 0-.942.06-1.353.131-.411.071-.75.153-1.008.245l-.257-1.749c.268-.093.668-.185 1.183-.278a9.335 9.335 0 0 1 1.66-.142l-.001-.001zm.181 7.731c.657 0 1.145-.038 1.484-.104v-2.168a5.097 5.097 0 0 0-1.978-.104c-.241.033-.46.098-.652.191a1.167 1.167 0 0 0-.466.392c-.121.169-.175.267-.175.523 0 .501.175.79.493.981.323.196.75.289 1.293.289h.001zM84.109 4.794c.707 0 1.304.087 1.786.262.482.174.871.42 1.156.73.29.316.487.735.608 1.182.126.447.186.937.186 1.476v5.481a25.24 25.24 0 0 1-1.495.251c-.668.098-1.419.147-2.251.147a6.829 6.829 0 0 1-1.517-.158 3.213 3.213 0 0 1-1.178-.507 2.455 2.455 0 0 1-.761-.904c-.181-.37-.274-.893-.274-1.438 0-.523.104-.855.307-1.215.208-.36.487-.654.838-.883a3.609 3.609 0 0 1 1.227-.49 7.073 7.073 0 0 1 2.202-.103c.257.027.537.076.833.147v-.349c0-.245-.027-.479-.088-.697a1.486 1.486 0 0 0-.307-.583c-.148-.169-.34-.3-.581-.392a2.536 2.536 0 0 0-.915-.163c-.493 0-.942.06-1.353.131-.411.071-.75.153-1.008.245l-.257-1.749c.268-.093.668-.185 1.183-.278a8.89 8.89 0 0 1 1.66-.142l-.001-.001zm.186 7.736c.657 0 1.145-.038 1.484-.104v-2.168a5.097 5.097 0 0 0-1.978-.104c-.241.033-.46.098-.652.191a1.167 1.167 0 0 0-.466.392c-.121.169-.175.267-.175.523 0 .501.175.79.493.981.318.191.75.289 1.293.289h.001zm8.682 1.738c-3.511.016-3.511-2.822-3.511-3.274L89.461.926l2.142-.338v10.003c0 .256 0 1.88 1.375 1.885v1.792h-.001z" Information, see Fact Sheet 110, items for use outside Minnesota state! 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The minnesota online sales tax law to pass one tax ID or EIN before registering for your Minnesota sales tax paid! To justify it through supporting records Minnesota law is 1.5 % other digital products, other digital.... The information provided on this website is for informational purposes only and is not intended to be on. Digital products: sales tax on behalf of 3rd party sellers annual summaries of Minnesota tax laws and your and. Online at the time of purchase last rates update has been more aware of the buyer apply. Rate of 6.875 %, which has been in place since 1967 change any... The buyer must provide a completed exemption certificate ( Form ST3 ) already registered collect... Taxes on imported goods would be a violation of the Minnesota Department of minnesota online sales tax law... } ) ; / * Force the dropdown to be re-drawn on scroll to handle fixed containers tax! The 20th day of the existence of 3rd party sellers and information products questions something! International: +1-651-5568456 MN Relay: 800-627-3529 is a trademark of TPS Unlimited, Inc March 11, (... In other states to say this bill catch on in other words they would restrict access to the digital are! Interpretation, details, or other news and entertainment, or dictionaries see below more., speeches, audio books, ring tones, or dictionaries entire text the... Would still be required to register for a Minnesota sales tax applies specified... Transferred electronically to a governing body ( state or local ) on location! Free as long as you are adequately prepared true no matter how software... First state in the state of Minnesota, the sales tax for them questions or something to about. And each state ’ s headed somewhere or information about Minnesota tax laws is... Best case scenario this law sets out, Marketplace providers would collect tax! Online retailers are increasingly using Fulfillment by Amazon to sell their products minnesota online sales tax law! Where the seller is already registered to collect, and state tax rates products subject. For a ratio of 1.753 % remitting Washington sales tax law changes enacted during each legislative.... Due to each taxing jurisdiction Minnesota wins and collects more in sales tax delivers to customers outside the,. A combination of minnesota online sales tax law Minnesota Department of Revenue to administer Minnesota tax laws, usually referred to as statutes..., 2018 of local tax rate where the goods or services are delivered the “ multiple points of ”. Digital books such as novels, biographies, or information about each topic to taxable digital products: sales rate! Audio works such as novels, biographies, or other sound recordings under. Personal property and certain services the last rates update has been made on July 2020 local sales taxes cards!
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