AU7 AB1: Bill Text

AB1,15,10 71.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5f), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), 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, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

AB1,23 Section 23 . 71.07 (3w) (bm) 5. of the statutes is created to read:

AB1,16,2 71.07 (3w) (bm) 5. In addition to the credits under par. (b) and subds. 1. to 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant that has retained the minimum number of full-time employees determined under s. 238.399 (5) (f) and maintained average zone payroll for the taxable year equal to or greater than the base year may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage, as determined by the Wisconsin Economic Development Corporation, of the claimant's zone payroll paid in the 12 months prior to the certification date to the claimant's full-time employees in the enterprise zone whose annual wages are greater than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality. The amount that the claimant may claim as credit under this subdivision for a taxable year shall not exceed $2,000,000. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB1,24 Section 24. 71.07 (3wm) of the statutes is created to read:

AB1,16,5 71.07 (3wm) Electronics and information technology manufacturing zone credit. (a) Definitions. In this subsection:

AB1,16,7 1. “Claimant" means a person who is certified to claim tax benefits under s. 238.396 (3) and who files a claim under this subsection.

AB1,16,9 2. “Full-time employee" means a full-time employee, as defined in s. 238.399 (1) (am).

AB1,16,11 3. “State payroll" means the amount of payroll apportioned to this state, as determined under s. 71.25 (8).

AB1,16,13 4. “Tier I county or municipality" means a tier I county or municipality, as determined under s. 238.396 (4) (e).

AB1,16,15 5. “Tier II county or municipality" means a tier II county or municipality, as determined under s. 238.396 (4) e).

AB1,16,17 6. “Wages" means wages under section 3306 (b) of the Internal Revenue Code, determined without regard to any dollar limitations.

AB1,16,18 7. “Zone” means a zone designated under s. 238.396 (1m).

AB1,16,24 8. “Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in the zone or that are performed outside the zone, but within the state, and for the benefit of the operations within the zone, as determined by the Wisconsin Economic Development Corporation. “Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.

AB1,17,3 (b) Filing claims; payroll. Subject to the limitations provided in this subsection and s. 238.396, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount calculated as follows:

AB1,17,7 1. Determine the zone payroll for the taxable year for full-time employees whose annual wages are greater than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality.

AB1,17,8 2. Multiply the amount determined under subd. 1. by 17 percent.

AB1,17,13 (bm) Filing supplemental claims. In addition to claiming the credit under par. (b), and subject to the limitations under this subsection and s. 238.396, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to 15 percent of the claimant's significant capital expenditures in the zone in the taxable year, as determined under s. 238.396 (3m).

AB1,17,21 (c) Limitations. 1. 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 described under pars. (b) and (bm). 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.

AB1,17,24 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 238.396 (3).

AB1,18,2 (d) Administration. 1. Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB1,18,8 2. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under s. 71.02, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2) (cp). Notwithstanding s. 71.82, no interest shall be paid on amounts certified under this subdivision.

AB1,25 Section 25. 71.08 (1) (intro.) of the statutes is amended to read:

AB1,18,18 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dx), (2dy), (3m), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (3wm), (3y), (4k), (5b), (5d), (5e), (5f), (5h), (5i), (5j), (5n), (6), (6e), (8r), (9e), (9m), and (9r), 71.28 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), (3wm), and (3y), 71.47 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), and (3y), 71.57 to 71.61, and 71.613 and subch. VIII and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

AB1,26 Section 26. 71.10 (4) (i) of the statutes is amended to read:

AB1,19,9 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and beyond under s. 71.613, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), dairy manufacturing facility investment credit under s. 71.07 (3p), jobs tax credit under s. 71.07 (3q), meat processing facility investment credit under s. 71.07 (3r), woody biomass harvesting and processing credit under s. 71.07 (3rm), food processing plant and food warehouse investment credit under s. 71.07 (3rn), business development credit under s. 71.07 (3y), film production services credit under s. 71.07 (5f), film production company investment credit under s. 71.07 (5h), veterans and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and information technology manufacturing zone credit under s. 71.07 (3wm), beginning farmer and farm asset owner tax credit under s. 71.07 (8r), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.

AB1,27 Section 27. 71.21 (4) (a) of the statutes is amended to read:

AB1,19,14 71.21 (4) (a) The amount of the credits computed by a partnership under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (8r) and passed through to partners shall be added to the partnership's income.

AB1,28 Section 28. 71.26 (2) (a) 4. of the statutes is amended to read:

AB1,19,21 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (3wm), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), and (9s) 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).

AB1,29 Section 29 . 71.28 (3w) (bm) 5. of the statutes is created to read:

AB1,20,11 71.28 (3w) (bm) 5. In addition to the credits under par. (b) and subds. 1. to 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant that has retained the minimum number of full-time employees determined under s. 238.399 (5) (f) and maintained average zone payroll for the taxable year equal to or greater than the base year may claim as a credit against the tax imposed under s. 71.23 an amount equal to the percentage, as determined by the Wisconsin Economic Development Corporation, of the claimant's zone payroll paid in the 12 months prior to the certification date to the claimant's full-time employees in the enterprise zone whose annual wages are greater than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality. The amount that the claimant may claim as credit under this subdivision for a taxable year shall not exceed $2,000,000. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB1,30 Section 30. 71.28 (3wm) of the statutes is created to read:

AB1,20,14 71.28 (3wm) Electronics and information technology manufacturing zone credit. (a) Definitions. In this subsection:

AB1,20,16 1. “Claimant" means a person who is certified to claim tax benefits under s. 238.396 (3) and who files a claim under this subsection.

AB1,20,18 2. “Full-time employee" means a full-time employee, as defined in s. 238.399 (1) (am).

AB1,20,20 3. “State payroll" means the amount of payroll apportioned to this state, as determined under s. 71.25 (8).

AB1,20,22 4. “Tier I county or municipality" means a tier I county or municipality, as determined under s. 238.396 (4) (e).

AB1,20,24 5. “Tier II county or municipality" means a tier II county or municipality, as determined under s. 238.396 (4) e).

AB1,21,2 6. “Wages" means wages under section 3306 (b) of the Internal Revenue Code, determined without regard to any dollar limitations.

AB1,21,3 7. “Zone” means a zone designated under s. 238.396 (1m).

AB1,21,9 8. “Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in the zone or that are performed outside the zone, but within the state, and for the benefit of the operations within the zone, as determined by the Wisconsin Economic Development Corporation. “Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.

AB1,21,12 (b) Filing claims; payroll. Subject to the limitations provided in this subsection and s. 238.396, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount calculated as follows:

AB1,21,16 1. Determine the zone payroll for the taxable year for full-time employees whose annual wages are greater than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality.

AB1,21,17 2. Multiply the amount determined under subd. 1. by 17 percent.

AB1,21,22 (bm) Filing supplemental claims. In addition to claiming the credit under par. (b), and subject to the limitations under this subsection and s. 238.396, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 15 percent of the claimant's significant capital expenditures in the zone in the taxable year, as determined under s. 238.396 (3m).

AB1,22,5 (c) Limitations. 1. 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 described under pars. (b) and (bm). 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.

AB1,22,8 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 238.396 (3).

AB1,22,10 (d) Administration. 1. Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

AB1,22,16 2. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under s. 71.23, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2) (cp). Notwithstanding s. 71.82, no interest shall be paid on amounts certified under this subdivision.

AB1,31 Section 31. 71.30 (3) (f) of the statutes is amended to read:

AB1,23,3 71.30 (3) (f) The total of farmland preservation credit under subch. IX, farmland tax relief credit under s. 71.28 (2m), dairy manufacturing facility investment credit under s. 71.28 (3p), jobs credit under s. 71.28 (3q), meat processing facility investment credit under s. 71.28 (3r), woody biomass harvesting and processing credit under s. 71.28 (3rm), food processing plant and food warehouse investment credit under s. 71.28 (3rn), enterprise zone jobs credit under s. 71.28 (3w), electronics and information technology manufacturing zone credit under s. 71.28 (3wm), business development credit under s. 71.28 (3y), film production services credit under s. 71.28 (5f), film production company investment credit under s. 71.28 (5h), beginning farmer and farm asset owner tax credit under s. 71.28 (8r), and estimated tax payments under s. 71.29.

AB1,32 Section 32. 71.34 (1k) (g) of the statutes is amended to read:

AB1,23,8 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (3wm), (3y), (4), (5), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (8r) and passed through to shareholders.

AB1,33 Section 33 . 73.0300 of the statutes is created to read:

AB1,23,14 73.0300 Disregarded entities. With regard to a single-owner entity that is disregarded as a separate entity under section 7701 of the Internal Revenue Code, any notice that the department of revenue sends to the owner or to the entity is considered a notice sent to both and both are liable for any amounts due as specified in the notice. This section applies to all laws administered by the department.

AB1,34 Section 34 . 77.54 (65) of the statutes is created to read:

AB1,23,24 77.54 (65) The sales price from the sale of building materials, supplies, and equipment and the sale of services described in s. 77.52 (2) (a) 20. to; and the storage, use, or other consumption of the same property and services by; owners, lessees, contractors, subcontractors, or builders if that property or service is acquired solely for or used solely in, the construction or development of facilities located in an electronics and information technology manufacturing zone designated under s. 238.396 (1m) and if the capital expenditures for the construction or development of such facilities may be claimed as a credit under s. 71.07 (3wm) (bm) or 71.28 (3wm) (bm), as certified by the Wisconsin Economic Development Corporation.

AB1,35 Section 35 . 84.0145 (2) of the statutes is amended to read:

AB1,24,3 84.0145 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq), (av), (ax), and (ct) and 20.866 (2) (uup) and, (uur), and (uuz).

AB1,36 Section 36 . 84.585 of the statutes is created to read:

AB1,24,8 84.585 Additional contingent funding for southeast Wisconsin freeway megaprojects. Subject to 2017 Wisconsin Act .... (this act), section 60 (1), the proceeds of general obligation bonds issued under s. 20.866 (2) (uuz) may be used to fund southeast Wisconsin freeway megaprojects under s. 84.0145 (3) (b) 1.

AB1,37 Section 37 . 180.0622 (2) of the statutes is amended to read:

AB1,24,14 180.0622 (2) Unless otherwise provided in the articles of incorporation, a shareholder of a corporation is not personally liable for the acts or debts of the corporation, except for a shareholder in a corporation defined under s. 71.365 (7), and only to the extent provided for under s. 73.0300, and except that a shareholder may become personally liable by his or her acts or conduct other than as a shareholder.

AB1,38 Section 38 . 183.0304 (1) of the statutes is amended to read:

AB1,24,22 183.0304 (1) The debts, obligations and liabilities of a limited liability company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the limited liability company. Except as provided in ss. 73.0300, 183.0502, and 183.0608, a member or manager of a limited liability company is not personally liable for any debt, obligation or liability of the limited liability company, except that a member or manager may become personally liable by his or her acts or conduct other than as a member or manager.

AB1,39 Section 39 . 196.192 (1) of the statutes is renumbered 196.192 (1) (intro.) and amended to read:

AB1,24,25 196.192 (1) (intro.) In this section, “electric:

AB1,25,2 (a) “Electric public utility" means a public utility whose purpose is the generation, distribution and sale of electric energy.

AB1,40 Section 40 . 196.192 (1) (b) of the statutes is created to read:

AB1,25,5 196.192 (1) (b) “Electronics and information technology manufacturing zone” means a zone designated under s. 238.396 (1m).

AB1,41 Section 41 . 196.192 (2) of the statutes is renumbered 196.192 (2) (am).

AB1,42 Section 42 . 196.192 (2m) of the statutes is created to read:

AB1,25,15 196.192 (2m) (a) No later than January 1, 2020, an electric public utility providing service to an electronics and information technology manufacturing zone shall file with the commission tariffs that include market-based pricing and options that allow a new retail customer within the electronics and information technology manufacturing zone to receive market benefits and take market risks for some or all of the customer's purchases of capacity or energy, subject to the maximum capacity or energy purchase limits that shall be established by the commission, and shall include the following requirements in the tariffs:

AB1,25,18 1. The electric public utility shall verify that the customer is eligible for an electronics and information technology manufacturing zone credit under s. 71.07 (3wm).

AB1,25,20 2. The customer shall annually nominate the amount of capacity and energy subject to the market-based tariff.

AB1,25,22 3. The customer shall provide not less than 12 months' notice to terminate service under the market-based tariff.

AB1,25,23 4. The term of the market-based tariff may not be less than 10 years.

AB1,26,3 5. The customer shall pay the difference, if any, between the otherwise applicable retail rate and the market-based tariff rate if the customer does any of the following:

AB1,26,5 a. Supplies false or misleading information regarding its applicability for the market-based tariff.

AB1,26,8 b. Leaves the electronics and information technology manufacturing zone to conduct substantially the same business outside the electronics and information technology manufacturing zone.

AB1,26,12 c. Ceases operations in the electronics and information technology manufacturing zone and does not renew operation of the business or a similar business within the electronics and information technology manufacturing zone within 12 months.

AB1,26,14 (b) The commission shall approve market-based rates that are consistent with par. (a).

AB1,43 Section 43 . 196.192 (3) (a) of the statutes is renumbered 196.192 (2) (bm) and amended to read:

AB1,26,21 196.192 (2) (bm) The commission shall approve market-based rates that are consistent with the options specified in sub. (2) par. (am), except that the commission may not approve a market-based rate unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.

AB1,44 Section 44 . 196.192 (3) (b) of the statutes is renumbered 196.192 (3m) and amended to read:

AB1,27,3 196.192 (3m) Nothing in s. 196.20, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) (am) or (2m) (a) or approving market-based rates under par. (a) sub. (2) (bm) or (2m) (b).

AB1,45 Section 45 . 196.192 (4) of the statutes is renumbered 196.192 (2) (c) and amended to read:

AB1,27,9 196.192 (2) (c) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under sub. (3) (a) par. (bm) or implement the options in filings under sub. (2) par. (am) that are approved by the commission.

AB1,46 Section 46 . 196.49 (5g) (ar) 3. of the statutes is created to read: