LRB-1256/1
MES:ahe
2019 - 2020 LEGISLATURE
March 20, 2019 - Introduced by Senators Darling, Jacque and Wanggaard,
cosponsored by Representatives Ballweg, Thiesfeldt, Petersen, Tusler,
Wichgers, Subeck, Dittrich, Skowronski, Brostoff, Schraa, Horlacher,
Kulp, Quinn, Loudenbeck, Rohrkaste, Sinicki and Bowen. Referred to
Committee on Agriculture, Revenue and Financial Institutions.
SB114,1,3 1An Act to amend 71.10 (4) (i); and to create 20.835 (2) (cd) and 71.07 (8n) of the
2statutes; relating to: creating a refundable individual income tax credit for the
3parent of a stillbirth.
Analysis by the Legislative Reference Bureau
This bill creates a refundable individual income tax credit of $2,000 that may
be claimed by the parents of a stillbirth. The bill defines stillbirth as a birth that
occurs in this state that results in a stillbirth for which a fetal death report is
required. Because the credit is refundable, if the amount of the credit for which the
individual is eligible exceeds his or her tax liability, the difference will be refunded
to the claimant.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB114,1 4Section 1. 20.835 (2) (cd) of the statutes is created to read:
SB114,1,65 20.835 (2) (cd) Stillbirth tax credit. A sum sufficient to pay the claims approved
6under s. 71.07 (8n).
SB114,2
1Section 2. 71.07 (8n) of the statutes is created to read:
SB114,2,22 71.07 (8n) Stillbirth tax credit. (a) Definitions. In this subsection:
SB114,2,43 1. “Claimant" means the parent of a stillbirth who files a claim under this
4subsection.
SB114,2,65 2. “Stillbirth” means a birth that occurs in this state that results in a stillbirth
6for which a fetal death report is required under s. 69.18 (1) (e) 1.
SB114,2,147 (b) Filing claims. Subject to the limitations and conditions provided in this
8subsection, a claimant may claim as a credit against the tax imposed under s. 71.02
9an amount of $2,000 in the taxable year in which the stillbirth occurs, and if the
10allowable amount of the claim exceeds the income taxes otherwise due on the
11claimant's income, the amount of the claim not used as an offset against those taxes
12shall be certified by the department of revenue to the department of administration
13for payment to the claimant by check, share draft, or other draft drawn from the
14appropriation account under s. 20.835 (2) (cd).
SB114,2,1615 (c) Limitations and conditions. 1. No credit may be claimed under this
16subsection by a part-year resident or a nonresident of this state.
SB114,2,1917 2. No credit may be allowed under this subsection for a taxable year covering
18a period of less than 12 months, except for a taxable year closed by reason of the death
19of the taxpayer.
SB114,2,2120 3. No credit may be allowed under this subsection unless it is claimed within
21the period specified in s. 71.75 (2).
SB114,2,2322 4. If a married couple files a joint return, the maximum amount that may be
23claimed by the couple under this subsection is $2,000 for each stillbirth.
SB114,2,2524 5. If a married couple files a separate return, the maximum amount that may
25be claimed by each spouse under this subsection is $1,000 for each stillbirth.
SB114,3,2
16. If the parents of a stillbirth are unmarried, the maximum amount that may
2be claimed by each parent under this subsection is $1,000 for each stillbirth.
SB114,3,53 7. To claim the credit under this subsection, a claimant shall submit with his
4or her return, for the taxable year to which the claim relates, proof of eligibility. A
5fetal death report demonstrates proof of eligibility.
SB114,3,76 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit
7under that subsection, applies to the credit under this subsection.
SB114,3 8Section 3. 71.10 (4) (i) of the statutes is amended to read:
SB114,3,249 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
10preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
11beyond under s. 71.613, homestead credit under subch. VIII, farmland tax relief
12credit under s. 71.07 (3m), dairy manufacturing facility investment credit under s.
1371.07 (3p), jobs tax credit under s. 71.07 (3q), meat processing facility investment
14credit under s. 71.07 (3r), woody biomass harvesting and processing credit under s.
1571.07 (3rm), food processing plant and food warehouse investment credit under s.
1671.07 (3rn), business development credit under s. 71.07 (3y), research credit under
17s. 71.07 (4k) (e) 2. a., film production services credit under s. 71.07 (5f), film
18production company investment credit under s. 71.07 (5h), stillbirth tax credit under
19s. 71.07 (8n),
veterans and surviving spouses property tax credit under s. 71.07 (6e),
20enterprise zone jobs credit under s. 71.07 (3w), electronics and information
21technology manufacturing zone credit under s. 71.07 (3wm), beginning farmer and
22farm asset owner tax credit under s. 71.07 (8r), earned income tax credit under s.
2371.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch.
24X.
SB114,4 25Section 4. Initial applicability.
SB114,4,4
1(1) This act first applies to taxable years beginning on January 1 of the year
2in which this subsection takes effect, except that if this subsection takes effect after
3July 31, this act first applies to taxable years beginning on January 1 of the year
4following the year in which this subsection takes effect.
SB114,4,55 (End)
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