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Tax 2.985(2)(d) (d) "Taxable year" has the meaning given in ss. 71.01 (12), 71.22 (10), and 71.42 (5), Stats.
Tax 2.985(3) (3)Applying for certification and allocation.
Tax 2.985(3)(a)(a) The department shall provide a form to apply for certification and allocation of the electronic medical records credit under ss. 71.07 (5i), 71.28 (5i), and 71.47 (5i), Stats. The form shall require an applicant to provide all of the following information:
Tax 2.985(3)(a)1. 1. The type of health care provider license or certification held and the license or certification number.
Tax 2.985(3)(a)2. 2. The amounts paid in the taxable year for information technology hardware and software used to maintain electronic medical records.
Tax 2.985(3)(a)3. 3. A description of the information technology hardware and software, including the federal certification number issued pursuant to 45 CFR 170.
Tax 2.985(3)(a)4. 4. An explanation of how the information technology hardware and software is used to maintain electronic medical records.
Tax 2.985(3)(a)5. 5. Any other information, as determined by the department, necessary to certify a health care provider or allocate the credit under sub. (4).
Tax 2.985(3)(b) (b) Each application shall be completed and submitted to the department, no sooner than upon completion of the calendar year in which the amount under par. (a) 2. was paid, and no later than January 31 of the subsequent calendar year.
Tax 2.985 Note Note: An application for the electronic medical records credit may be filed beginning January 1, 2013. The application form will be available on the department's web site at www.revenue.wi.gov by December 2012.
Tax 2.985(4) (4)Certification of applicants and allocation of credits.
Tax 2.985(4)(a)(a) Based on the information provided in sub. (3) (a) 1. to 5., the department shall certify health care providers as eligible for the electronic medical records credit under s. 71.07 (5i), 71.28 (5i), or 71.47 (5i), Stats.
Tax 2.985(4)(b) (b) In conjunction with issuing a certification for an applicant, the department shall determine the amount of credit that the applicant may claim or distribute to its partners, members, or shareholders as follows:
Tax 2.985(4)(b)1. 1. If 50 percent of the total of the amounts under sub. (3) (a) 2. for all certified applicants does not exceed the $10,000,000 maximum total established in s. 73.15 (2), Stats., for allocations in each calendar year, the credit shall be equal to 50 percent of the amount the applicant paid during the calendar year for health information technology software certified pursuant to 45 CFR 170 and hardware used to run and access certified software.
Tax 2.985(4)(b)2. 2. If 50 percent of the total of the amounts under sub. (3) (a) 2. for all certified applicants exceeds the $10,000,000 maximum total established in s. 73.15 (2), Stats., for allocations in each calendar year, the $10,000,000 of credits shall be allocated to each certified applicant in proportion to the amount paid during the calendar year for health information technology software certified pursuant to 45 CFR 170 and hardware used to run and access certified software.
Tax 2.985 Note Example: Health Care Providers A, B, and C are certified to claim the electronic medical records credit for the following amounts paid in 2012 for certified software and related hardware:
A $8,000,000
B $12,000,000
C $4,000,000
Tax 2.985 Note The $10,000,000 of credits available for 2012 are allocated to A, B, and C, based on their proportionate share of the $24,000,000. A is allocated a credit of $3,333,333 (= [8,000,000 - See PDF for diagram PDF 24,000,000] x $10,000,000), B is allocated a credit of $5,000,000 (= [12,000,000 - See PDF for diagram PDF 24,000,000] x $10,000,000), and C is allocated a credit of $1,666,667 (= [4,000,000 - See PDF for diagram PDF 24,000,000] x $10,000,000).
Tax 2.985(4)(c) (c) Following completion of the certifications and allocations under pars. (a) and (b), the department shall notify each applicant of the outcome of its application, including the amount of credit allocated to the applicant.
Tax 2.985 History History: CR 12-102: cr. Register July 2012 No. 670, eff. 8-1-12.
Tax 2.99 Tax 2.99 Dairy and livestock farm investment credit.
Tax 2.99(1)(1)Purpose. This section clarifies certain terms as they apply to the dairy and livestock farm investment credit under ss. 71.07 (3n), 71.28 (3n), and 71.47 (3n), Stats.
Tax 2.99 Note Note: 2005 Wis. Act 25 renamed the "dairy investment credit" the "dairy and livestock farm investment credit," effective for taxable years beginning on or after January 1, 2006. The term "dairy and livestock farm investment credit" as used in this section refers to the "dairy investment credit" for taxable years prior to January 1, 2006.
Tax 2.99(2) (2)Definitions. In this section and in ss. 71.07 (3n), 71.28 (3n), and 71.47 (3n), Stats.:
Tax 2.99(2)(a) (a) "Amount the claimant paid in the taxable year" means the purchase price of facilities or equipment acquired and first placed in service in this state during taxable years that begin after December 31, 2003, and before January 1, 2017.
Tax 2.99(2)(b) (b) "Dairy farm modernization or expansion" has the meaning as given in ss. 71.07 (3n), 71.28 (3n), and 71.47 (3n), Stats. "Dairy farm modernization or expansion" refers only to those facilities or equipment in this state used exclusively on the claimant's dairy farm related to the dairy animals located on the claimant's dairy farm. "Dairy farm modernization or expansion" does not include the purchase of:
Tax 2.99(2)(b)1. 1. Equipment used for raising crops for sale.
Tax 2.99(2)(b)2. 2. Vehicles licensed for highway use, snowmobiles, and all-terrain vehicles.
Tax 2.99(2)(c) (c) "First placed in service" has the meaning as given under Treas. Reg. section 1.167 (a)-11 (e) (1) (i) for purposes of computing depreciation.
Tax 2.99 Note Note: Treas. Reg. s. 1.167 (a)-11 (e) (1) (i) provides, in part, that property is first placed in service when first placed in a condition or state of readiness and availability for a specifically assigned function.
Tax 2.99(2)(d) (d) "Milk production" means the activity of producing and handling milk on the claimant's dairy farm in this state for human consumption, but does not include activities such as transporting, pasteurizing, or homogenizing milk or making butter, cheese, ice cream or other dairy products.
Tax 2.99(2)(e) (e) "Used exclusively related to dairy animals" means used in this state on the claimant's dairy farm to the exclusion of all other uses except for other uses not exceeding 5% of total use.
Tax 2.99 Note Note: Section Tax 2.99 interprets ss. 71.07 (3n), 71.28 (3n), and 71.47 (3n), Stats.
Tax 2.99 Note Note: Sections 71.07 (3n), 71.28 (3n), and 71.47 (3n), Stats., were created by 2003 Wis. Act 135, effective for taxable years that begin after December 31, 2003, and before January 1, 2010.
Tax 2.99 History History: Emerg. cr. eff. 9-17-04; CR 04-115: cr. Register March 2005 No. 591, eff. 4-1-05; CR 12-011: am. (title), (1), (2) (a) Register July 2012 No. 679, eff. 1-8-12.
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