AB941: Bill Text

AB941,6,21 3. Subject to subd. 4., the maximum credit that may be claimed by each spouse of a married couple that files separately is 50 percent of the amount specified in subd. 2.

AB941,7,4 4. If a part-year resident or a nonresident of this state files a claim under this subsection, the maximum credit amount in subd. 1., 2., or 3. shall be multiplied by a fraction, the numerator of which is the individual's and his or her spouse's Wisconsin adjusted gross income and the denominator of which is the individual's and his or her spouse's federal adjusted gross income. In this subdivision, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses.

AB941,7,6 5. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

AB941,7,9 6. No credit may be allowed under this subsection for a taxable year covering a period of less than 12 months, except for a taxable year closed by reason of the death of the taxpayer.

AB941,7,14 (d) Administration. The department may enforce the credit under this subsection and may take any action, conduct any proceeding, and proceed as it is authorized in respect to taxes under this chapter. The income tax provisions in this chapter relating to assessments, refunds, appeals, collection, interest, and penalties apply to the credit under this subsection.

AB941, s. 4 Section 4. 71.10 (4) (cs) of the statutes is created to read:

AB941,7,16 71.10 (4) (cs) Education expenses credit under s. 71.07 (8m).

AB941, s. 5 Section 5. 71.10 (4) (ct) of the statutes is created to read:

AB941,7,18 71.10 (4) (ct) Educational improvement credit under s. 71.07 (5n).

AB941, s. 6 Section 6. 71.21 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB941,7,24 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), and (8r) and passed through to partners shall be added to the partnership's income.

AB941, s. 7 Section 7. 71.26 (2) (a) 4. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB941,8,8 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

AB941, s. 8 Section 8. 71.28 (5n) of the statutes is created to read:

AB941,8,11 71.28 (5n) Educational improvement credit. (a) Definitions. In this subsection:

AB941,8,12 1. "Claimant" means a person who files a claim under this subsection.

AB941,8,13 2. "Contribution" means a donation of cash, personal property, or services.

AB941,8,15 3. "Dependent" means a dependent as defined in section 152 of the Internal Revenue Code.

AB941,8,20 4. "Educational improvement organization" means an entity described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and that spends at least 80 percent of its annual receipts as grants to public schools for innovative educational programs.

AB941,8,21 5. "Eligible pupil" means any pupil to whom all of the following apply:

AB941,8,22 a. The pupil has not attained the age of 21 or been graduated from high school.

AB941,9,2 b. At the time the pupil first receives a scholarship from a scholarship-granting organization, he or she is a member of a household whose total annual household income during the year before the receipt of the scholarship does not exceed an amount equal to $40,000 plus $10,000 for each dependent.

AB941,9,5 6. "Household" means an individual and his or her spouse and dependents who all have the same principal abode for more than 6 months during the year to which a claim under this subsection relates.

AB941,9,7 7. "Household income" means all income received by all members of a household.

AB941,9,10 8. "Innovative educational program" means an advanced academic or similar program that is not part of the regular academic program of a public school in this state, but that enhances the curriculum or academic program of the public school.

AB941,9,11 9. "Private school" has the meaning given in s. 115.001 (3r).

AB941,9,13 10. "Qualified school" means any public, private, or other school or program that provides elementary or secondary education, including kindergarten.

AB941,9,17 11. "Scholarship-granting organization" means an entity described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and that contributes at least 80 percent of its annual receipts to scholarship programs.

AB941,9,19 12. "Scholarship program" means a program to provide tuition for eligible students to attend a qualified school in this state.

AB941,9,24 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of those taxes, an amount that is equal to 75 percent of any contribution made by the claimant during the taxable year to an educational improvement organization or to a scholarship-granting organization.

AB941,10,2 (c) Limitations. 1. The amount of a credit that a claimant may receive under this subsection may not exceed $200,000 in a taxable year.

AB941,10,4 2. The maximum amount of the credits that all claimants may receive under this subsection and ss. 71.07 (5n) and 71.47 (5n) in a taxable year is $12,000,000.

AB941,10,7 3. The total amount of all credits awarded under this subsection and ss. 71.07 (5n) and 71.47 (5n) for contributions to scholarship-granting organizations shall not exceed $30,000,000 for all taxable years.

AB941,10,10 4. The total amount of all credits awarded under this subsection and ss. 71.07 (5n) and 71.47 (5n) for contributions to educational improvement organizations shall not exceed $20,000,000 for all taxable years.

AB941,10,15 5. No claimant may claim a credit under this subsection unless the claimant first files an application for the credit with the department, in the manner prescribed by the department. The department shall allocate the credits claimed under this subsection and ss. 71.07 (5n) and 71.47 (5n) in the order in which the applications for such credits are received.

AB941,10,19 6. For purposes of determining the amount of any credit claimed under this subsection, the value of a contribution is equal to the net cost of the claimant's donation of cash or personal property or to the proportionate share of any wage paid by the claimant that is directly related to donating a service.

AB941,11,2 7. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB941,11,4 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

AB941, s. 9 Section 9. 71.30 (3) (dq) of the statutes is created to read:

AB941,11,6 71.30 (3) (dq) Educational improvement credit under s. 71.28 (5n).

AB941, s. 10 Section 10. 71.34 (1k) (g) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB941,11,12 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), and (8r) and passed through to shareholders.

AB941, s. 11 Section 11. 71.45 (2) (a) 10. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB941,11,21 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).

AB941, s. 12 Section 12. 71.47 (5n) of the statutes is created to read:

AB941,11,24 71.47 (5n) Educational improvement credit. (a) Definitions. In this subsection:

AB941,11,25 1. "Claimant" means a person who files a claim under this subsection.

AB941,12,1 2. "Contribution" means a donation of cash, personal property, or services.

AB941,12,3 3. "Dependent" means a dependent as defined in section 152 of the Internal Revenue Code.

AB941,12,8 4. "Educational improvement organization" means an entity described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and that spends at least 80 percent of its annual receipts as grants to public schools for innovative educational programs.

AB941,12,9 5. "Eligible pupil" means any pupil to whom all of the following apply:

AB941,12,10 a. The pupil has not attained the age of 21 or been graduated from high school.

AB941,12,14 b. At the time the pupil first receives a scholarship from a scholarship-granting organization, he or she is a member of a household whose total annual household income during the year before the receipt of the scholarship does not exceed an amount equal to $40,000 plus $10,000 for each dependent.

AB941,12,17 6. "Household" means an individual and his or her spouse and dependents who all have the same principal abode for more than 6 months during the year to which a claim under this subsection relates.

AB941,12,19 7. "Household income" means all income received by all members of a household.

AB941,12,22 8. "Innovative educational program" means an advanced academic or similar program that is not part of the regular academic program of a public school in this state, but that enhances the curriculum or academic program of the public school.

AB941,12,23 9. "Private school" has the meaning given in s. 115.001 (3r).

AB941,12,25 10. "Qualified school" means any public, private, or other school or program that provides elementary or secondary education, including kindergarten.

AB941,13,4 11. "Scholarship-granting organization" means an entity described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and that contributes at least 80 percent of its annual receipts to scholarship programs.

AB941,13,6 12. "Scholarship program" means a program to provide tuition for eligible students to attend a qualified school in this state.

AB941,13,11 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of those taxes, an amount that is equal to 75 percent of any contribution made by the claimant during the taxable year to an educational improvement organization or to a scholarship-granting organization.

AB941,13,13 (c) Limitations. 1. The amount of a credit that a claimant may receive under this subsection may not exceed $200,000 in a taxable year.

AB941,13,15 2. The maximum amount of the credits that all claimants may receive under this subsection and ss. 71.07 (5n) and 71.28 (5n) in a taxable year is $12,000,000.

AB941,13,18 3. The total amount of all credits awarded under this subsection and ss. 71.07 (5n) and 71.28 (5n) for contributions to scholarship-granting organizations shall not exceed $30,000,000 for all taxable years.

AB941,13,21 4. The total amount of all credits awarded under this subsection and ss. 71.07 (5n) and 71.28 (5n) for contributions to educational improvement organizations shall not exceed $20,000,000 for all taxable years.

AB941,14,2 5. No claimant may claim a credit under this subsection unless the claimant first files an application for the credit with the department, in the manner prescribed by the department. The department shall allocate the credits claimed under this subsection and ss. 71.07 (5n) and 71.28 (5n) in the order in which the applications for such credits are received.

AB941,14,6 6. For purposes of determining the amount of any credit claimed under this subsection, the value of a contribution is equal to the net cost of the claimant's donation of cash or personal property or to the proportionate share of any wage paid by the claimant that is directly related to donating a service.

AB941,14,14 7. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB941,14,16 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB941, s. 13 Section 13. 71.49 (1) (dq) of the statutes is created to read:

AB941,14,18 71.49 (1) (dq) Educational improvement credit under s. 71.47 (5n).

AB941, s. 14 Section 14. 77.92 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB941,15,11 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), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), and (8r); 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.

AB941, s. 15 Section 15. Initial applicability.

AB941,15,16 (1) This act first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this act first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB941,15,17 (End)