(g) An addition shall be made for credits computed by a tax-option 4
corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), 5
(3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), 6
(5k), (5n), (5r), (5rm), (6n),
and (8r) and passed through to shareholders.
(a) 10. By adding to federal taxable income the amount of credit 10
computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), 11
(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5r), (5rm),
(8r), and (9s) and not 12
passed through by a partnership, limited liability company, or tax-option 13
corporation that has added that amount to the partnership's, limited liability 14
company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and 15
the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).
71.47 (6n) Green data center credit.
In this subsection:
1. "Claimant" means a person who files a claim under this subsection and who 19
is certified under s. 238.21.
2. "Green data center" has the meaning given in s. 238.21 (1).
(b) Filing claims.
Subject to the limitations provided in this subsection and s. 22
238.21, for taxable years beginning after December 31, 2011, and before January 1, 23
2014, a claimant may claim as a credit against the taxes imposed under s. 71.43, up 24
to the amount of the taxes, the amount that the claimant paid in the taxable year for 25
any of the items listed under s. 238.21 (1) (a) 1. to 3., (b) 1. to 4., and (c) that are used
to construct a green data center or to retrofit a data center to become a green data 2
1. The maximum amount of all credits that may be claimed 4
under this subsection and ss. 71.07 (6n) and 71.28 (6n) is $2,000,000. No claimant 5
may claim a credit under this subsection unless the claimant submits with the 6
claimant's return a copy of the claimant's certification for credits under s. 238.21.
2. Partnerships, limited liability companies, and tax-option corporations may 8
not claim the credit under this subsection, but the eligibility for, and the amount of, 9
the credit are based on their payment of amounts under par. (b). A partnership, 10
limited liability company, or tax-option corporation shall compute the amount of 11
credit that each of its partners, members, or shareholders may claim and shall 12
provide that information to each of them. Partners, members of limited liability 13
companies, and shareholders of tax-option corporations may claim the credit in 14
proportion to their ownership interests.
Section 71.28 (4) (e) to (h), as it applies to the credit under 16
s. 71.28 (4), applies to the credit under this subsection.
AB61-ASA1, s. 11
71.49 (1) (dp) of the statutes is created to read:
(dp) Green data center credit under s. 71.47 (6n).
"Net business income," with respect to a partnership, means taxable 22
income as calculated under section 703
of the Internal Revenue Code; plus the items 23
of income and gain under section 702
of the Internal Revenue Code, including taxable 24
state and municipal bond interest and excluding nontaxable interest income or 25
dividend income from federal government obligations; minus the items of loss and
deduction under section 702
of the Internal Revenue Code, except items that are not 2
deductible under s. 71.21; plus guaranteed payments to partners under section 707 3
(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), 4
(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), 5
(3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5r), (5rm), (6n), 6
and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation 7
differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but 8
excluding income, gain, loss, and deductions from farming. "Net business income," 9
with respect to a natural person, estate, or trust, means profit from a trade or 10
business for federal income tax purposes and includes net income derived as an 11
employee as defined in section 3121
(d) (3) of the Internal Revenue Code.
13238.21 Green data center tax credit.
In this section, "green data center" 14
means a repository for the storage, management, and dissemination of data, if the 15
mechanical, lighting, electrical, and computer systems of the real property in which 16
the repository is located are designed for maximum energy efficiency and minimum 17
environmental impact and if the repository uses all of the following:
(a) At least 2 of the following:
1. Low-emission building materials, including carpets and paints.
2. Sustainable landscaping.
3. An electronic waste recycling program, as defined by the corporation.
(b) At least 2 of the following:
1. Catalytic converters on back-up generators.
3. Heat pumps.
4. Evaporative cooling.
(c) Equipment or equipment components that have at least 25 percent less than 3
the maximum amount allowed under federal law, or none, of at least 4 of the 4
4. Chromium VI.
5. Polybrominated biphenyls.
6. Polybrominated diphenyl ether.
The corporation shall implement a program to certify businesses for the 12
purposes of ss. 71.07 (6n), 71.28 (6n), and 71.47 (6n). A business shall submit an 13
application to the corporation in each calendar year for which the business desires 14
The corporation may certify a business under this section if, in the 16
business's taxable year ending immediately before the date of the business's 17
application, the business paid for an item listed in sub. (1) (a) 1. to 3., (b) 1. to 4., or 18
(c) and the item was used to construct a green data center or to retrofit a data center 19
to become a green data center.
If the corporation certifies a business under sub. (3), the corporation shall 21
determine the maximum amount of tax credits the business may claim under ss. 22
71.07 (6n), 71.28 (6n), and 71.47 (6n). The total amount of tax credits allocated to all 23
certified businesses under this section may not exceed $2,000,000.
The corporation shall notify the department of revenue of every certification 25
under this section, the maximum amount of tax credits a certified business may
claim under ss. 71.07 (6n), 71.28 (6n), and 71.47 (6n), and of the date on which a 2
certification is revoked or expires.
The corporation shall compile a list of businesses certified under this section 4
and the taxable years for which the businesses are certified and shall make the list 5
available to the public at the corporation's Internet Web site.