2013 - 2014 LEGISLATURE
SENATE AMENDMENT 12,
TO SENATE BILL 1
February 5, 2013 - Offered by Senators Jauch and
70.375 (2) (a) of the statutes is amended to read:
(a) In Except as provided in subs. (2b) and (2c), with
respect to mines 5
not in operation on November 28, 1981, there is imposed upon persons engaged in 6
mining metalliferous minerals in this state a net proceeds occupation tax effective 7
on the date on which extraction begins to compensate the state and municipalities 8
for the loss of valuable, irreplaceable metalliferous minerals. The amount of the tax 9
shall be determined by applying the rates established under sub. (5) to the net 10
proceeds of each mine. The net proceeds of each mine for each year are the difference 11
between the gross proceeds and the deductions allowed under sub. (4) for the year.
70.375 (2b) of the statutes is created to read:
70.375 (2b) Minimum tax.
With respect to mines in operation after December 2
31, 2011, beginning with the month in which a permit is issued to a person under s. 3
295.58, and for each of the 60 months following that month, the amount of the tax 4
imposed on that person is the greater of the tax computed under sub. (2) or an amount 5
equal to $83,333 for each month.
70.375 (2c) of the statutes is created to read:
70.375 (2c) Credit.
With respect to mines in operation after December 31, 8
2011, if a person subject to sub. (2b) would have paid less tax under sub. (2) than 9
under sub. (2b), the person may claim as a credit against the tax imposed under sub. 10
(2) or (2b) an amount equal to the difference between the amount paid under sub. (2b) 11
and the amount that the person would have paid under sub. (2), except that the 12
person may not claim a credit amount that would result in less than the total 13
minimum tax liability computed under sub. (2b) for the period for which the person 14
is subject to sub. (2b). The person may carry forward the amount of any unused credit 15
under this subsection, as adjusted under sub. (6), to claim against the person's tax 16
liability in subsequent years until the total amount of the credit is used.".
70.375 (6) of the statutes is amended to read:
70.375 (6) Indexing.
For calendar year 1983 and corresponding fiscal years and 20
thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a. 21
and (dg), and the amount of any unused credit under sub. (2c),
shall be changed to 22
reflect the percentage change between the gross national product deflator for June 23
of the current year and the gross national product deflator for June of the previous 24
year, as determined by the U.S. department of commerce as of December 30 of the
year for which the taxes are due, except that no annual increase may be more than 2
10%. For calendar year 1983 and corresponding fiscal years and thereafter until 3
calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395 4
(1m), 1995 stats., shall be changed to reflect the percentage change between the gross 5
national product deflator for June of the current year and the gross national product 6
deflator for June of the previous year, as determined by the U.S. department of 7
commerce as of December 30 of the year for which the taxes are due, except that no 8
annual increase may be more than 10%. The revised amounts shall be rounded to 9
the nearest whole number divisible by 100 and shall not be reduced below the 10
amounts under sub. (5) on November 28, 1981. Annually, the department shall 11
adopt any changes in dollar amounts required under this subsection and incorporate 12
them into the appropriate tax forms.".
70.395 (2) (dg) of the statutes is amended to read:
(dg) Each person constructing a metalliferous mining site shall pay 16
to the department of revenue for deposit in the investment and local impact fund, as 17
a construction fee, an amount sufficient to make the construction period payments 18
under par. (d) 5. in respect to that site. Any person paying a construction fee under 19
this paragraph may credit against taxes due under s. 70.375 an amount equal to the 20
payments that the taxpayer has made under this paragraph, provided that the credit 21
does not reduce the taxpayer's liability under s. 70.375 below the amount needed to 22
make the first-dollar payments under par. (d) 1., 2. and 2m. for that year in respect 23
to the taxpayer's mine. For the first 24 months following the month in which the
24taxpayer is issued a permit under s. 295.58, the taxpayer may not use the credit to
1reduce the taxpayer's liability under s. 70.375 below the minimum amount required
2under s. 70.375 (2b), but the taxpayer may use the credit in subsequent years to
3reduce the taxpayer's liability under s. 70.375 below the minimum amount required
4under s. 70.375 (2b).
Any amount not creditable because of that limitation in any 5
year may be carried forward.".