LRB-3709/1
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2005 - 2006 LEGISLATURE
October 31, 2005 - Introduced by Representatives Towns, Gunderson, Van Roy,
Ainsworth, Petrowski, Kerkman, Molepske, Wood, Musser, Freese,
Townsend, Bies, Ballweg, Vos, Hundertmark
and Hines, cosponsored by
Senators Olsen, Roessler, Harsdorf and Lassa. Referred to Committee on
Ways and Means.
AB801,1,4 1An Act to amend 71.05 (6) (a) 15. and 71.08 (1) (intro.); and to create 71.07 (5e)
2and 71.10 (4) (gxx) of the statutes; relating to: creating an individual income
3tax credit for personal property taxes paid on certain mobile homes and on
4certain attachments to recreational mobile homes.
Analysis by the Legislative Reference Bureau
Under current law, a recreational mobile home is exempt from the imposition
of personal property taxes A recreational mobile home is a mobile home that is no
larger than 400 square feet and used primarily as temporary living quarters for
recreational, camping, travel, or seasonal purposes.
This bill creates an individual income tax credit for personal property taxes that
an individual pays on any aftermarket addition, attachment, annex, foundation, or
appurtenance adjoining or affixed to a recreational mobile home or on any mobile
home that would have been exempt from personal property taxes as a recreational
mobile home except that the mobile home exceeds 400 square feet because of an
aftermarket addition, attachment, annex, foundation, or appurtenance that is
adjoining or affixed to the mobile home.
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:
AB801, s. 1
1Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:
AB801,2,62 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
3(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (5b), and (5d), and (5e)
4and not passed through by a partnership, limited liability company, or tax-option
5corporation that has added that amount to the partnership's, company's, or
6tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).
AB801, s. 2 7Section 2. 71.07 (5e) of the statutes is created to read:
AB801,2,98 71.07 (5e) Recreational mobile homes credit. (a) Definitions. In this
9subsection:
AB801,2,1010 1. "Claimant" means an individual who files a claim under this subsection.
AB801,2,1211 2. "Recreational mobile home" means a mobile home described under s. 70.111
12(19) (b).
AB801,2,1713 (b) Filing claims. Subject to the limitations provided in this subsection, a
14claimant may claim as a credit against the taxes imposed under s. 71.02, up to the
15amount of the taxes, an amount that is equal to the amount of the personal property
16taxes imposed under ch. 70 that the claimant paid in the taxable year on any of the
17following:
AB801,2,1918 1. Any aftermarket addition, attachment, annex, foundation, or appurtenance
19adjoining or affixed to a recreational mobile home.
AB801,2,2420 2. A mobile home that would have been exempt from the imposition of personal
21property taxes under s. 70.111 (19) (b) except that the mobile home exceeds the
22square footage requirement under s. 70.111 (19) (b) because of an aftermarket
23addition, attachment, annex, foundation, or appurtenance that is adjoining or
24affixed to the mobile home.
AB801,3,10
1(c) Limitations. For a claimant who is a nonresident or part-year resident of
2this state and who is a single person or a married person filing a separate return,
3multiply the credit for which the claimant is eligible under par. (b) by a fraction, the
4numerator of which is the individual's Wisconsin adjusted gross income and the
5denominator of which is the individual's federal adjusted gross income. If a claimant
6is married and files a joint return, and if the claimant or the claimant's spouse, or
7both, are nonresidents or part-year residents of this state, multiply the credit for
8which the claimant is eligible under par. (b) by a fraction, the numerator of which is
9the couple's joint Wisconsin adjusted gross income and the denominator of which is
10the couple's joint federal adjusted gross income.
AB801,3,1211 (d) Administration. Section 71.28 (4) (f) to (h), as it applies to the credit under
12s. 71.28 (4), applies to the credit under this subsection.
AB801, s. 3 13Section 3. 71.08 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act
1425
, is amended to read:
AB801,3,2315 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married
16couple filing jointly, trust, or estate under s. 71.02, not considering the credits under
17ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3n), (3s),
18(3t), (5b), (5d), (5e), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds),
19(1dx), (1fd), (2m), (3), (3n), and (3t) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds),
20(1dx), (1fd), (2m), (3), (3n), and (3t) and subchs. VIII and IX and payments to other
21states under s. 71.07 (7), is less than the tax under this section, there is imposed on
22that natural person, married couple filing jointly, trust, or estate, instead of the tax
23under s. 71.02, an alternative minimum tax computed as follows:
AB801, s. 4 24Section 4. 71.10 (4) (gxx) of the statutes is created to read:
AB801,3,2525 71.10 (4) (gxx) Recreational mobile homes credit under s. 71.07 (5e).
AB801, s. 5
1Section 5. Initial applicability.
AB801,4,22 (1) This act first applies to taxable years beginning on January 1, 2006.
AB801,4,33 (End)
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