SB450: Bill Text

SB450,2,7 71.04 (4) (a) For Except as provided in par. (f), for taxable years beginning before January 1, 2006, an apportionment fraction composed of a sales factor under sub. (7) representing 50% of the fraction, a property factor under sub. (5) representing 25% of the fraction, and a payroll factor under sub. (6) representing 25% of the fraction.

SB450, s. 2 Section 2. 71.04 (4) (b) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,2,14 71.04 (4) (b) For Except as provided in par. (f), for taxable years beginning after December 31, 2005, and before January 1, 2007, an apportionment fraction composed of a sales factor under sub. (7) representing 60% of the fraction, a property factor under sub. (5) representing 20% of the fraction, and a payroll factor under sub. (6) representing 20% of the fraction.

SB450, s. 3 Section 3. 71.04 (4) (c) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,3,2 71.04 (4) (c) For Except as provided in par. (f), for taxable years beginning after December 31, 2006, and before January 1, 2008, an apportionment fraction composed of a sales factor under sub. (7) representing 80% of the fraction, a property factor under sub. (5) representing 10% of the fraction, and a payroll factor under sub. (6) representing 10% of the fraction.

SB450, s. 4 Section 4. 71.04 (4) (d) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,3,7 71.04 (4) (d) For Except as provided in par. (f), for taxable years beginning after December 31, 2007, an apportionment fraction composed of the sales factor under sub. (7).

SB450, s. 5 Section 5. 71.04 (4) (e) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,3,16 71.04 (4) (e) For Except as provided in par. (f), for taxable years beginning after December 31, 2005, and before January 1, 2008, the apportionment fraction for the remaining net income of a financial organization shall include a sales factor that represents more than 50% of the apportionment fraction, as determined by rule by the department. For taxable years beginning after December 31, 2007, the apportionment fraction for the remaining net income of a financial organization is composed of a sales factor, as determined by rule by the department.

SB450, s. 6 Section 6. 71.04 (4) (f) of the statutes is created to read:

SB450,4,3 71.04 (4) (f) If a taxpayer who is subject to apportionment under this subsection has a net gain of 100 employees in this state in any taxable year beginning after the effective date of this paragraph .... [revisor inserts date], and before January 1, 2008, the taxpayer's remaining net income may, at the taxpayer's option, be apportioned to this state by an apportionment fraction composed of the sales factor under sub. (7) or, for a financial organization, under par. (e) beginning with the taxable year in which the employees are hired, except that, if the taxpayer does not retain the net gain of employees in this state for at least 3 consecutive taxable years, or until January 1, 2008, the taxpayer shall apportion the taxpayer's remaining net income as provided under pars. (a) to (e), as appropriate, and shall file amended returns to reflect the change of apportionment.

SB450, s. 7 Section 7. 71.25 (6) (a) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,4,10 71.25 (6) (a) For Except as provided in par. (f), for taxable years beginning before January 1, 2006, an apportionment fraction composed of a sales factor under sub. (9) representing 50% of the fraction, a property factor under sub. (7) representing 25% of the fraction, and a payroll factor under sub. (8) representing 25% of the fraction.

SB450, s. 8 Section 8. 71.25 (6) (b) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,4,17 71.25 (6) (b) For Except as provided in par. (f), for taxable years beginning after December 31, 2005, and before January 1, 2007, an apportionment fraction composed of a sales factor under sub. (9) representing 60% of the fraction, a property factor under sub. (7) representing 20% of the fraction, and a payroll factor under sub. (8) representing 20% of the fraction.

SB450, s. 9 Section 9. 71.25 (6) (c) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,4,24 71.25 (6) (c) For Except as provided in par. (f), for taxable years beginning after December 31, 2006, and before January 1, 2008, an apportionment fraction composed of a sales factor under sub. (9) representing 80% of the fraction, a property factor under sub. (7) representing 10% of the fraction, and a payroll factor under sub. (8) representing 10% of the fraction.

SB450, s. 10 Section 10. 71.25 (6) (d) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,5,5 71.25 (6) (d) For Except as provided in par. (f), for taxable years beginning after December 31, 2007, an apportionment fraction composed of the sales factor under sub. (9).

SB450, s. 11 Section 11. 71.25 (6) (e) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,5,14 71.25 (6) (e) For Except as provided in par. (f), for taxable years beginning after December 31, 2005, and before January 1, 2008, the apportionment fraction for the remaining net income of a financial organization shall include a sales factor that represents more than 50% of the apportionment fraction, as determined by rule by the department. For taxable years beginning after December 31, 2007, the apportionment fraction for the remaining net income of a financial organization is composed of a sales factor, as determined by rule by the department.

SB450, s. 12 Section 12. 71.25 (6) (f) of the statutes is created to read:

SB450,6,2 71.25 (6) (f) If a taxpayer who is subject to apportionment under this subsection has a net gain of 100 employees in this state in any taxable year beginning after the effective date of this paragraph .... [revisor inserts date], and before January 1, 2008, the taxpayer's remaining net income may, at the taxpayer's option, be apportioned to this state by an apportionment fraction composed of the sales factor under sub. (9) or, for a financial organization, under par. (e) beginning with the taxable year in which the employees are hired, except that, if the taxpayer does not retain the net gain of employees in this state for at least 3 consecutive taxable years, or until January 1, 2008, the taxpayer shall apportion the taxpayer's remaining net income as provided under pars. (a) to (e), as appropriate, and shall file amended returns to reflect the change of apportionment.

SB450, s. 13 Section 13. 71.45 (3d) (a) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,6,10 71.45 (3d) (a) For Except as provided in par. (d), for taxable years beginning after December 31, 2005, and before January 1, 2007, a domestic insurer that is subject to apportionment under sub. (3) and this subsection shall multiply the net income figure derived by the application of sub. (2) by an apportionment fraction composed of the percentage under sub. (3) (a) representing 60% of the fraction and the percentage under sub. (3) (b) 1. representing 40% of the fraction.

SB450, s. 14 Section 14. 71.45 (3d) (b) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,6,18 71.45 (3d) (b) For Except as provided in par. (d), for taxable years beginning after December 31, 2006, and before January 1, 2008, a domestic insurer that is subject to apportionment under sub. (3) and this subsection shall multiply the net income figure derived by the application of sub. (2) by an apportionment fraction composed of the percentage under sub. (3) (a) representing 80% of the fraction and the percentage under sub. (3) (b) 1. representing 20% of the fraction.

SB450, s. 15 Section 15. 71.45 (3d) (c) of the statutes, as created by 2003 Wisconsin Act 37, is amended to read:

SB450,6,24 71.45 (3d) (c) For Except as provided in par. (d), for taxable years beginning after December 31, 2007, a domestic insurer that is subject to apportionment under sub. (3) and this subsection shall multiply the net income figure derived by the application of sub. (2) by the percentage under sub. (3) (a).

SB450, s. 16 Section 16. 71.45 (3d) (d) of the statutes is created to read:

SB450,7,10 71.45 (3d) (d) If a taxpayer who is subject to apportionment under sub. (3) has a net gain of 100 employees in this state in any taxable year beginning after the effective date of this paragraph .... [revisor inserts date], and before January 1, 2008, the taxpayer's remaining net income may, at the taxpayer's option, be apportioned to this state by an apportionment fraction composed of the percentage under sub. (3) (a) beginning with the taxable year in which the employees are hired, except that, if the taxpayer does not retain the net gain of employees in this state for at least 3 consecutive taxable years, or until January 1, 2008, the taxpayer shall apportion the taxpayer's remaining net income as provided under pars. (a) to (c), as appropriate, and shall file amended returns to reflect the change of apportionment.

SB450,7,11 (End)