SB26,6,524 71.28 (3p) (b) Filing claims. Subject to the limitations provided in this
25subsection and s. 560.207, except as provided in par. (c) 5., for taxable years

1beginning after December 31, 2006, and before January 1, 2015, a claimant may
2claim as a credit against the taxes imposed under s. 71.23, up to the amount of the
3tax, an amount equal to 10 percent of the amount the claimant paid in the taxable
4year for dairy manufacturing modernization or expansion related to the claimant's
5dairy manufacturing operation.
SB26, s. 16 6Section 16. 71.28 (3p) (c) 2m. b. of the statutes is amended to read:
SB26,6,107 71.28 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed
8by all claimants, other than members of dairy cooperatives, under this subsection
9and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2008-09, and in each fiscal year
10thereafter, is $700,000, as allocated under s. 560.207.
SB26, s. 17 11Section 17. 71.28 (3p) (c) 2m. bm. of the statutes is created to read:
SB26,6,1812 71.28 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
13by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.47
14(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, and the
15maximum amount of the credits that may be claimed by members of dairy
16cooperatives under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year
172010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
18560.207.
SB26, s. 18 19Section 18. 71.28 (3p) (c) 3. of the statutes is amended to read:
SB26,7,720 71.28 (3p) (c) 3. Partnerships, limited liability companies, and tax-option
21corporations, and dairy cooperatives may not claim the credit under this subsection,
22but the eligibility for, and the amount of, the credit are based on their payment of
23expenses under par. (b), except that the aggregate amount of credits that the entity
24may compute shall not exceed $200,000 for each of the entity's dairy manufacturing
25facilities
. A partnership, limited liability company, or tax-option corporation, or

1dairy cooperative
shall compute the amount of credit that each of its partners,
2members, or shareholders may claim and shall provide that information to each of
3them. Partners, members of limited liability companies, and shareholders of
4tax-option corporations may claim the credit in proportion to their ownership
5interest. Members of a dairy cooperative may claim the credit in proportion to the
6amount of milk that each member delivers to the dairy cooperative, as determined
7by the dairy cooperative.
SB26, s. 19 8Section 19. 71.28 (3p) (c) 5. of the statutes is created to read:
SB26,7,129 71.28 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim
10the credit, based on amounts described under par. (b) that are paid by the dairy
11cooperative, for taxable years beginning after December 31, 2008, and before
12January 1, 2017.
SB26, s. 20 13Section 20. 71.28 (3p) (c) 6. of the statutes is created to read:
SB26,7,1614 71.28 (3p) (c) 6. No credit may be allowed under this subsection unless the
15claimant submits with the claimant's return a copy of the claimant's credit
16certification and allocation under s. 560.207.
SB26, s. 21 17Section 21. 71.28 (3p) (d) 2. of the statutes is amended to read:
SB26,7,2318 71.28 (3p) (d) 2. If Except as provided in subd. 3., if the allowable amount of
19the claim under par. (b) exceeds the tax otherwise due under s. 71.23 or no tax is due
20under s. 71.23
, the amount of the claim not used to offset the tax due shall be certified
21by the department of revenue to the department of administration for payment by
22check, share draft, or other draft drawn from the appropriation account under s.
2320.835 (2) (bn).
SB26, s. 22 24Section 22. 71.28 (3p) (d) 3. of the statutes is created to read:
SB26,8,6
171.28 (3p) (d) 3. With regard to claims that are based on amounts described
2under par. (b) that are paid by a dairy cooperative, if the allowable amount of the
3claim under par. (b) exceeds the tax otherwise due under s. 71.23, the amount of the
4claim not used to offset the tax due shall be certified by the department of revenue
5to the department of administration for payment by check, share draft, or other draft
6drawn from the appropriation account under s. 20.835 (2) (bp).
SB26, s. 23 7Section 23. 71.47 (3p) (a) 1m. of the statutes is created to read:
SB26,8,98 71.47 (3p) (a) 1m. "Dairy cooperative" means a business organized under ch.
9185 or 193 for the purpose of obtaining or processing milk.
SB26, s. 24 10Section 24. 71.47 (3p) (a) 3. (intro.) of the statutes is amended to read:
SB26,8,1711 71.47 (3p) (a) 3. (intro.) "Dairy manufacturing modernization or expansion"
12means constructing, improving, or acquiring buildings or facilities, or acquiring
13equipment, for dairy manufacturing, including the following, if used exclusively for
14dairy manufacturing and if acquired and placed in service in this state during
15taxable years that begin after December 31, 2006, and before January 1, 2015, or, in
16the case of dairy cooperatives, if acquired and placed in service in this state during
17taxable years that begin after December 31, 2008, and before January 1, 2017
:
SB26, s. 25 18Section 25. 71.47 (3p) (b) of the statutes is amended to read:
SB26,8,2519 71.47 (3p) (b) Filing claims. Subject to the limitations provided in this
20subsection and s. 560.207, except as provided in par. (c) 5., for taxable years
21beginning after December 31, 2006, and before January 1, 2015, a claimant may
22claim as a credit against the taxes imposed under s. 71.43, up to the amount of the
23tax, an amount equal to 10 percent of the amount the claimant paid in the taxable
24year for dairy manufacturing modernization or expansion related to the claimant's
25dairy manufacturing operation.
SB26, s. 26
1Section 26. 71.47 (3p) (c) 2m. b. of the statutes is amended to read:
SB26,9,52 71.47 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed
3by all claimants, other than members of dairy cooperatives, under this subsection
4and ss. 71.07 (3p) and 71.28 (3p) in fiscal year 2008-09, and in each fiscal year
5thereafter, is $700,000, as allocated under s. 560.207.
SB26, s. 27 6Section 27. 71.47 (3p) (c) 2m. bm. of the statutes is created to read:
SB26,9,137 71.47 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
8by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.28
9(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, and the
10maximum amount of the credits that may be claimed by members of dairy
11cooperatives under this subsection and ss. 71.07 (3p) and 71.28 (3p) in fiscal year
122010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
13560.207.
SB26, s. 28 14Section 28. 71.47 (3p) (c) 3. of the statutes is amended to read:
SB26,9,2515 71.47 (3p) (c) 3. Partnerships, limited liability companies, and tax-option
16corporations, and dairy cooperatives may not claim the credit under this subsection,
17but the eligibility for, and the amount of, the credit are based on their payment of
18expenses under par. (b), except that the aggregate amount of credits that the entity
19may compute shall not exceed $200,000 for each of the entity's dairy manufacturing
20facilities
. A partnership, limited liability company, or tax-option corporation, or
21dairy cooperative
shall compute the amount of credit that each of its partners,
22members, or shareholders may claim and shall provide that information to each of
23them. Partners, members of limited liability companies, and shareholders of
24tax-option corporations may claim the credit in proportion to their ownership
25interest. Members of a dairy cooperative may claim the credit in proportion to the

1amount of milk that each member delivers to the dairy cooperative, as determined
2by the dairy cooperative.
SB26, s. 29 3Section 29. 71.47 (3p) (c) 5. of the statutes is created to read:
SB26,10,74 71.47 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim
5the credit, based on amounts described under par. (b) that are paid by the dairy
6cooperative, for taxable years beginning after December 31, 2008, and before
7January 1, 2017.
SB26, s. 30 8Section 30. 71.47 (3p) (c) 6. of the statutes is created to read:
SB26,10,119 71.47 (3p) (c) 6. No credit may be allowed under this subsection unless the
10claimant submits with the claimant's return a copy of the claimant's credit
11certification and allocation under s. 560.207.
SB26, s. 31 12Section 31. 71.47 (3p) (d) 2. of the statutes is amended to read:
SB26,10,1813 71.47 (3p) (d) 2. If Except as provided in subd. 3., if the allowable amount of
14the claim under par. (b) exceeds the tax otherwise due under s. 71.43 or no tax is due
15under s. 71.43
, the amount of the claim not used to offset the tax due shall be certified
16by the department of revenue to the department of administration for payment by
17check, share draft, or other draft drawn from the appropriation account under s.
1820.835 (2) (bn).
SB26, s. 32 19Section 32. 71.47 (3p) (d) 3. of the statutes is created to read:
SB26,10,2520 71.47 (3p) (d) 3. With regard to claims that are based on amounts described
21under par. (b) that are paid by a dairy cooperative, if the allowable amount of the
22claim under par. (b) exceeds the tax otherwise due under s. 71.43, the amount of the
23claim not used to offset the tax due shall be certified by the department of revenue
24to the department of administration for payment by check, share draft, or other draft
25drawn from the appropriation account under s. 20.835 (2) (bp).
SB26, s. 33
1Section 33. 560.207 (2) of the statutes is amended to read:
SB26,11,132 560.207 (2) If the department of commerce certifies a taxpayer under sub. (1),
3the department of commerce shall determine the amount of credits to allocate to that
4taxpayer. The total amount of dairy manufacturing facility investment credits
5allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total
6amount of dairy manufacturing facility investment credits allocated to taxpayers
7who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal
8year thereafter, may not exceed $700,000. The total amount of dairy manufacturing
9facility investment credits allocated to taxpayers who are members of dairy
10cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount
11of dairy manufacturing facility investment credits allocated to taxpayers who are
12members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year
13thereafter, may not exceed $700,000.
SB26,11,1414 (End)
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