SECTION 2. Tax 2.495 is created to prescribe the method of apportioning the net business income of interstate brokerage houses, investment companies, and underwriters, as required by ss.
71.04 (4) (e) and
(8) and
71.25 (6) (e) and
(10), Stats. This section of the rule order does all of the following:
a. Defines "brokerage house" and other terms used in the rule.
b. Prescribes the method of apportioning the net business income of investment advisers, as authorized by ss.
71.04 (11) and
71.25 (12), Stats. Sections
71.04 (8) (a) and
71.25 (10) (a), Stats., exclude investment advisors from the definition of “financial organization."
c. Phases in the use of an apportionment formula consisting solely of a receipts factor:
•For taxable years beginning after December 31, 2004, and before January 1, 2006, net business income is apportioned using an apportionment fraction composed of a receipts factor representing 50% of the fraction, a payroll factor representing 25% of the fraction, and a property factor representing 25% of the fraction.
•For taxable years beginning after December 31, 2005, and before January 1, 2007, net business income is apportioned using an apportionment fraction composed of a receipts factor representing 60% of the fraction, a payroll factor representing 20% of the fraction, and a property factor representing 20% of the fraction.
•For taxable years beginning after December 31, 2006, and before January 1, 2008, net business income is apportioned using an apportionment fraction composed of a receipts factor representing 80% of the fraction, a payroll factor representing 10% of the fraction, and a property factor representing 10% of the fraction.
•For taxable years beginning after December 31, 2007, net business income is apportioned using an apportionment fraction consisting of the receipts factor.
d. Prescribes the types of income included in the receipts factor.
e. Specifies which receipts are assigned to Wisconsin, based on the type of receipt.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: Iowa and Minnesota generally use a market-based approach for assigning gross receipts from the performance of services; that is, the gross receipts are assigned to the location of the customer. Illinois and Michigan generally assign gross receipts from the performance of services to the location where the services are performed. This rule proposes a market-based approach for assigning gross receipts from the performance of services.
Summary of factual data and analytical methodologies: The department started with the Recommended Formula for Apportionment and Allocation of Net Income of Financial Institutions, which was adopted by the Multistate Tax Commission (MTC) on November 17, 1994. The MTC is an organization of state governments that works with taxpayers to develop and recommend uniform laws and regulations to promote equitable state tax treatment of multistate businesses. The MTC spent more than seven years working with state tax departments and multistate and multinational financial institutions from across the country in developing this apportionment formula. The laws, regulations, rules, and tax returns of the other states that impose a franchise or income tax on financial institutions and brokerage firms were then reviewed. Since state apportionment formulas are not uniform, neighboring states' apportionment formulas were the primary focus of this review. Revisions to these formulas were then made, based on suggestions from Wisconsin's banking associations.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate for this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.
Effect on small business: This proposed rule order does not have a significant fiscal effect on small business.
Fiscal Estimate
Under the proposed rules, financial institutions and broker-dealers and underwriters would apportion income for taxable years beginning in 2006 based on a formula that weights the sales factor at 60% and the payroll factor at 40%. For taxable years beginnning in 2007, the sales factor would be weighted at 80% and the payroll factor at 20%. For taxable years beginning in 2008, the sales factor would be 100% of the apportionment formula. These changes have no fiscal effect beyond those included in the estimate for
2003 Act 37.
In addition, the rules more specifically define the receipts that would be included in the receipts factor for financial institutions and broker-dealers and underwriters to reflect changes in the financial services industry under current law. An estimate of the impact of these changes is not known, but is believed to be minimal.
Agency contact person:
Please contact Dale Kleven at (608) 266-8253 or
dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Place where comments are to be submitted and deadline for submission: Written comments may be submitted to the contact person shown below no later than October 8, 2004, and will be given the same consideration as testimony presented at the hearing that will take place on October 1, 2004.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to
2003 Wis. Act 220, Stats., and interpreting ss.
20.395 (5) (hq), s.
110.20 (5) and
(6) (a), and s.
227.114 (1), Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
14th day of September, 2004, at
1:30 PM, to consider the creation of ch.
Trans 135, Wisconsin Administrative Code, both as an emergency rule and permanent rule relating to the creation of a school bus oxidation catalyst grant program in certain counties.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Copies of the emergency rule or permanent rule can be obtained upon request from Carson Frazier (see end of this notice)
Analysis Prepared by the Wisconsin Department of Transportation
s.
110.20 (5), which identifies the counties in which the I/M program and grant program apply; and s.
227.114 (1), Stats. which defines a “small business" as it applies to this hearing notice.
Plain Language Analysis:
2003 Wis. Act 220 requires the Wisconsin Department of Transportation, in consultation with the Wisconsin Department of Natural Resources, to develop and administer a program to provide grants for the purchase and installation of oxidation catalysts on school buses customarily kept in the counties identified in s.
110.20 (5), Stats.: Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington
, and Waukesha. Act 220 amends s.
20.395 (5) (hq), Stats., to provide funds for the grant program under WisDOT's vehicle inspection/maintenance (I/M) program appropriation.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: In the past few years, the U.S. Environmental Protection Agency (USEPA) has issued rules establishing new emission standards for heavy-duty diesel vehicles (including school buses) and engines (including school bus engines) that are effective in 2004 and in 2007. These increasingly stringent emission standards apply to newly manufactured vehicles and engines. According to USEPA, these standards will reduce nitrogen oxide (NOx) and hydrocarbon (HC) emissions from trucks and buses by 95 percent beyond current levels and particulate matter (PM) emissions by 90 percent beyond current levels.
In order to meet these more stringent standards for diesel engines, USEPA's rules also mandate that the sulfur content of diesel fuel be capped at 15 parts per million – a 97 percent reduction over current levels – by 2007.
Oxidation catalysts can reduce PM emissions by 20 percent, HC emissions by 50 percent, and carbon monoxide (CO) by about 40 percent. Consequently, retrofitting school buses manufactured before 2004 with oxidation catalysts will reduce their emissions, but they will still emit substantially more than model year 2004 and newer school buses will.
Because new diesel vehicles will comprise a minority of the national vehicle fleet for several years, USEPA encourages emission control retrofits for existing vehicles. Nonetheless, while the impact of the new federal standards will increase over time, the grant program's impact on air quality in southeast Wisconsin will diminish over time, because school buses in affected Wisconsin counties typically are removed from service by the time they are 10 years old.
Comparison with Rules in Adjacent States:
Michigan: Michigan has no rules addressing school bus retrofits or school bus emissions. However, the Michigan Department of Environmental Quality has helped secure federal funds through USEPA's 2004 Clean School Bus USA Demonstration Grants Program to purchase diesel oxidation catalysts for 110 Ann Arbor Public School public school buses, to operate a fleet of 18 school buses on biodiesel B20 (diesel fuel blended with 20 percent biodiesel), and to purchase diesel oxidation catalysts and crankcase filtration systems for 40 to 50 Okemos Public School buses. Collectively, these grants amount to approximately $165,000.
Minnesota: Minnesota has no rules addressing school bus retrofits. However, in May 2002, Minnesota adopted legislation intended to protect the health and safety of children from harmful diesel school bus emissions. The law requires schools to reduce unnecessary idling of school buses in front of schools, and reroute bus parking zones away from air-intake vents (or if necessary, relocate the air-intake vents). In conjunction with the law, the Minnesota Office of Environmental Assistance has coordinated with environmental and health-based organizations to provide resources to schools to help with implementing the law.
Additionally, the South Washington County School District near St. Paul has retrofitted approximately 65 school buses with diesel oxidation catalysts with $62,225 in supplemental environmental project funds provided by 3M Corporation.
Illinois: Illinois has no rules addressing school bus retrofits. However, the state operates a clean school bus grant program administered by the Illinois EPA (IEPA). Under the grant program, IEPA accepts grant applications for purchasing and installing oxidation catalysts and for purchasing other means of reducing school bus emissions, including anti-idling equipment and biodiesel fuel.
Funding for the program comes primarily from two sources: USEPA's Clean School Bus USA Demonstration Grants Program and proceeds of an IEPA enforcement case against Archer Daniels Midland. Funding obtained through the latter is a one-time source of $2.3 million, but may be used only in twenty-four central and western Illinois counties.
Presently, IEPA has awarded grants to two school districts and is evaluating applications from several others.
Iowa: Iowa has no rules addressing school bus retrofits. However, the Iowa Department of Natural Resources (IDNR) has established the Bus Emissions Education Program (BEEP), a voluntary bus emissions testing program. The program is intended to detect emissions and combustion inefficiencies, and thereby help schools save money by enabling them to properly tune their buses. Iowa organizations and businesses provide program funding.
In addition to emissions testing, the IDNR will be partnering with various school districts to install diesel oxidation catalysts on about 125 buses over the next few years, and subsequently fueling them with biodiesel.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: In addition to creating the school bus oxidation catalyst retrofit grant program, Act 220 exempts two additional model years from testing in Wisconsin's vehicle emission inspection and maintenance (I/M) program. The underlying legislation, 2003 Senate Bill 436, relied on an analysis provided by the Wisconsin Department of Natural Resources, Bureau of Air Management (DNR).
DNR's analysis indicated that the lost emission reductions associated with the model year exemption could be substantively offset by, among other measures, retrofitting 300 school buses in the program area with oxidation catalysts. DNR's analysis, in turn, relied on bus emission and oxidation catalyst performance information provided by USEPA and oxidation catalyst vendors.
DNR's analysis is considered adequate for this hearing notice given the grant program's limited scope and duration.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: None of the equipment vendors known to, or expected to, submit bids for the grant program are small businesses per s.
227.114 (1), Stats. A minority of the school bus companies known to, or expected to, participate in the grant program are small businesses.
School buses retrofitted under this rule will experience somewhere between a negligible and modest appreciation in value. Additionally, the program may provide participants with favorable media coverage. On the other hand, participating school bus companies will be required to supply the labor for, or cover the cost of, installing the oxidation catalysts. For most buses, installation will require one to two hours of labor by a qualified mechanic.
On balance, the rule is expected to have no significant effect on business practices or net worth of participating small bus companies. This assessment is based on consultations with diesel oxidation catalyst vendors, affected school bus companies, and representatives of other state grant programs.
You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector
See previous section. The grant program will result in a net benefit to the private sector, as oxidation catalyst vendors will sell additional units and bus companies will receive them free of charge. The grant program is expected to cover the purchase of 300 oxidation catalysts at approximately $1,000 each.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business September 24, 2004, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
To view the proposed rule and submit written comments via e-mail/internet, you may visit the following website:
