Amendment ASA1-AB538

AB538-ASA1,9,16 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or 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 deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), and (3g), and (3s), and (5d); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income", with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB538-ASA1, s. 15 Section 15. 560.03 (24) to (27) of the statutes are created to read:

AB538-ASA1,9,24 560.03 (24) In cooperation with the department of financial institutions and the Board of Regents of the University of Wisconsin System, annually conduct and publish the results of a study of Wisconsin businesses to determine new business formation trends and identify obstacles faced by new Wisconsin businesses and areas where changes in governmental policy may satisfy the needs of new Wisconsin businesses. As part of the study, the department of commerce shall conduct a survey of Wisconsin businesses.

AB538-ASA1,10,4 (25) In cooperation with the department of financial institutions and the Board of Regents of the University of Wisconsin System, provide education and other support to facilitate the development networks of investors that review new businesses or proposed new businesses for potential investment.

AB538-ASA1,10,17 (26) Certify businesses as qualified new business ventures for purposes of ss. 71.05 (6) (b) 9m., 71.07 (5d), 71.28 (5d), and 71.47 (5d). The department shall promulgate rules for the administration of this subsection. The rules shall require a business desiring certification to submit an application to the department in each taxable year for which the business desires certification. The department shall process applications in the order in which they were received and shall certify only the first 1,000 eligible businesses that apply for certification for a taxable year. The department shall maintain a list of businesses certified under this subsection and shall permit public access to the list through the department's Internet website. The department shall notify the department of revenue of every business certified under this subsection and the date on which any such business is decertified. A business may be certified under this subsection, and may maintain such certification, only if the business satisfies all of the following conditions:

AB538-ASA1,10,18 (a) It has its headquarters in this state.

AB538-ASA1,10,20 (b) At least 51 percent of the employees employed by the business are employed in this state.

AB538-ASA1,10,22 (c) Its average annual net income for each of the 2 taxable years immediately preceding the taxable year for which a credit is claimed does not exceed $20,000,000.

AB538-ASA1,10,24 (d) It's net worth in the taxable year for which a credit is claimed does not exceed $40,000,000.

AB538-ASA1,11,2 (e) It is not engaged predominantly in providing professional services by accountants, lawyers, or physicians.

AB538-ASA1,11,4 (f) It is not engaged predominantly in wholesale or retail trade or in the leisure and hospitality industry.

AB538-ASA1,11,5 (g) It is not engaged in banking or lending or in developing real estate for resale.

AB538-ASA1,11,7 (h) It does not make loans to, or investments in, certified capital companies, as defined in s. 560.30 (2).

AB538-ASA1,11,8 (i) It has been in operation in this state for not more than 10 consecutive years.

AB538-ASA1,11,9 (j) It is a corporation or limited liability company.

AB538-ASA1,11,10 (k) It is not engaged in the transportation or construction business.

AB538-ASA1,11,11 (27) Certify venture capital funds as follows:

AB538-ASA1,11,14 (a) The department shall promulgate rules establishing a procedure for the department to certify venture capital funds for purposes of the capital gains tax exemption under s. 71.05 (6) (b) 9m. The rules shall do all of the following:

AB538-ASA1,11,16 1. Require a venture capital fund that desires to obtain a certification to file an application with the department.

AB538-ASA1,11,22 2. Permit a venture capital fund to obtain a certification only if the venture capital fund is a private seed and venture capital partnership or entity fund, the venture capital fund has its principal place of business in Wisconsin, and the venture capital fund commits to maintain an average, calculated over a 4-year period, of 50 percent of its equity investments in businesses, as described under sub. (26), that are located in Wisconsin.

AB538-ASA1,12,2 3. Require an applicant for certification or a certified venture capital fund to provide the department with any information the department determines is necessary to ensure eligibility for certification and compliance with this subsection and rules promulgated under this subsection.

AB538-ASA1,12,11 (b) Upon request of any person, the department shall issue a written notice indicating whether a venture capital fund is certified under this subsection for purposes of the capital gains tax exemption under s. 71.05 (6) (b) 9m. Each notice under this paragraph that indicates a venture capital fund is certified shall include the following statement: "The Wisconsin Department of Commerce has not recommended or approved an investment in this venture capital fund or assessed the merits or risks of such an investment. Investors should rely solely on their own investigation and analysis and seek investment, financial, legal, and tax advice before making their own decision regarding investment in this enterprise."

AB538-ASA1,12,14 (c) Upon the issuance or discontinuance of a certification, the department of commerce shall notify the department of revenue and provide the department of revenue a copy of the certification or discontinuance.

AB538-ASA1, s. 16 Section 16 . Nonstatutory provisions.

AB538-ASA1,12,19 (1) Rules. The department of commerce shall submit in proposed form the rules required under section 560.03 (26) and (27) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB538-ASA1, s. 17 Section 17. Initial applicability.

AB538-ASA1,12,24 (1) Qualified new business venture credit. The treatment of sections 71.05 (6) (a) 15., 71.07 (5d), 71.08 (1) (intro.), 71.10 (4) (gx), 71.21 (4), 71.26 (2) (a), 71.28 (5d), 71.30 (3) (eop), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5d), 71.49 (1) (eop), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1, 2006.

AB538-ASA1,13,2 (2) Increased capital gains exclusion. The treatment of section 71.05 (6) (b) 9m. of the statutes first applies to taxable years beginning on January 1, 2006.

AB538-ASA1, s. 18 Section 18. Effective dates. This act takes effect on July 1, 2004, except as follows:

AB538-ASA1,13,5 (1) Rules. Section 16 (1) of this act takes effect on the day after publication.

AB538-ASA1,13,6 (End)