71.26(3)(k)
(k) Section 247 (relating to dividends on preferred stock of public utilities) is excluded.
71.26(3)(L)
(L) Section 265 is excluded and replaced by the rule that any amount otherwise deductible under this chapter that is directly or indirectly related to income wholly exempt from taxes imposed by this chapter or to losses from the sale or other disposition of assets the gain from which would be exempt under this paragraph if the assets were sold or otherwise disposed of at a gain is not deductible. In this paragraph, "wholly exempt income", for corporations subject to franchise or income taxes, includes amounts received from affiliated or subsidiary corporations for interest, dividends or capital gains that, because of the degree of common ownership, control or management between the payor and payee, are not subject to taxes under this chapter. In this paragraph, "wholly exempt income", for corporations subject to income taxation under this chapter, also includes interest on obligations of the United States. In this paragraph, "wholly exempt income" does not include income excludable, not recognized, exempt or deductible under specific provisions of this chapter. If any expense or amount otherwise deductible is indirectly related both to wholly exempt income or loss and to other income or loss, a reasonable proportion of the expense or amount shall be allocated to each type of income or loss, in light of all the facts and circumstances.
71.26(3)(m)
(m) Section 267 (relating to transactions between related taxpayers) is modified so that gains may be reduced only if the corresponding loss was incurred while the corporation was subject to tax under this chapter.
71.26(3)(ms)
(ms) Section 291 (a) (3) is modified so that it does not apply to deductions that are allocable to income that is taxable under this chapter.
71.26(3)(n)
(n) Sections 381, 382 and 383 (relating to carry-overs in certain corporate acquisitions) are modified so that they apply to losses under
sub. (4) and credits under
s. 71.28 (1di),
(1dL),
(1dm),
(1dx),
(3),
(4),
(4m), and
(5) instead of to federal credits and federal net operating losses.
71.26(3)(o)
(o) Section 468A (relating to nuclear decommissioning trust and reserve funds) is modified so that the deduction under section 468A (a) is allowed only if the fund is subject to tax under this chapter.
71.26(3)(p)
(p) Sections 501 to 511 and 513 to 528 (relating to exempt organizations) are excluded, except as they pertain to the definitions of unrelated business taxable income in section 512, and replaced by the treatment of exemptions under
sub. (1).
71.26(3)(q)
(q) Sections 613 and 613A (relating to percentage depletion) are excluded.
71.26(3)(s)
(s) Sections 951 to 964 (relating to controlled foreign corporations) are excluded, and, for taxable years beginning on or after January 1, 2006, sections 951 to 965 (relating to controlled foreign corporations) are excluded.
71.26(3)(t)
(t) Sections 991 to 994, 995 as amended by section 802 of
P.L. 98-369, and section 999 as amended by section 802 of
P.L. 98-369 (relating to domestic international sales corporations) are excluded.
71.26(3)(tm)
(tm) Section 1016 (a) is modified so that the rules for federally taxable bonds also apply to bonds that are taxable under
par. (b) and the rules for federally tax-exempt bonds apply to bonds that are exempt from tax under this chapter.
71.26(3)(u)
(u) Section 1017 (relating to adjustments to basis because of discharge of indebtedness) is modified to reflect the modification under
par. (c).
71.26(3)(v)
(v) Section 1033 is modified so that it does not apply to involuntary conversions of property in this state that produces nonbusiness income and that is replaced with similar property outside this state and to involuntary conversions of property in this state that produces business income and that is replaced with property outside this state if at the time of replacement the taxpayer is not subject to tax under this chapter.
71.26(3)(x)
(x) Sections 1501 to 1505, 1551, 1552, 1563 and 1564 (relating to consolidated returns) are excluded, except that U.S. Treasury Regulation 1.1502-13, relating to deferred gain or loss from an intercompany transaction, applies to transactions between combined group members under
s. 71.255 (4) (g).
71.26(3)(y)1.1. Except as provided in
subd. 2., a corporation shall compute amortization and depreciation under the federal Internal Revenue Code as amended to December 31, 2000, except that property first placed in service by the taxpayer on or after January 1, 1983, but before January 1, 1987, that, under s.
71.04 (15) (b) and
(br), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, and property first placed in service in taxable year 1981 or thereafter but before January 1, 1987, that, under s.
71.04 (15) (bm), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, shall continue to be depreciated under the Internal Revenue Code as amended to December 31, 1980.
71.26(3)(y)2.
2. For property acquired and placed in service in taxable years beginning on or after January 1, 2006, a corporation that is actively engaged in farming may compute amortization and depreciation on property used in farming under any subsequent change to section 101 of
P.L. 107-147 or section 201 of
P.L. 108-27 enacted after December 31, 2005. For purposes of this subdivision, "actively engaged in farming" has the meaning given in
7 CFR 1400.201, and "farming" has the meaning given in section
464 (e) (1) of the Internal Revenue Code. This subdivision does not apply unless a federal law change enacted after December 31, 2005, revises section 101 of
P.L. 107-147 or section 201 of
P.L. 108-27.
71.26(4)
(4) Net business loss carry-forward. 71.26(4)(a)(a) Except as provided in
par. (b), a corporation, except a tax-option corporation or an insurer to which
s. 71.45 (4) applies, may offset against its Wisconsin net business income any Wisconsin net business loss sustained in any of the next 15 preceding taxable years, if the corporation was subject to taxation under this chapter in the taxable year in which the loss was sustained, to the extent not offset by other items of Wisconsin income in the loss year and by Wisconsin net business income of any year between the loss year and the taxable year for which an offset is claimed. For purposes of this subsection Wisconsin net business income or loss shall consist of all the income attributable to the operation of a trade or business in this state, less the business expenses allowed as deductions in computing net income. The Wisconsin net business income or loss of corporations engaged in business within and without the state shall be determined under
s. 71.25 (6) and
(10) to
(12). Nonapportionable losses having a Wisconsin situs under
s. 71.25 (5) (b) shall be included in Wisconsin net business loss; and nonapportionable income having a Wisconsin situs under
s. 71.25 (5) (b), whether taxable or exempt, shall be included in other items of Wisconsin income and Wisconsin net business income for purposes of this subsection.
71.26(4)(b)
(b) A corporation that is part of a combined group under
s. 71.255 may offset against its Wisconsin net business income any unused pre-2009 net business loss carry-forward under
s. 71.255 (6) (bm) for the 20 taxable years that begin after December 31, 2011.
71.26 History
History: 1987 a. 312;
1987 a. 411 ss.
22,
124 to
129;
1989 a. 31,
336;
1991 a. 37,
39,
221,
269;
1993 a. 16,
112,
246,
263,
399,
437,
491;
1995 a. 27,
56,
351,
371,
380,
428;
1997 a. 27,
37,
184,
237;
1999 a. 9,
65;
1999 a. 150 s.
672;
1999 a. 167,
194;
2001 a. 16,
38,
106,
109;
2003 a. 33,
85,
99,
135,
255,
326;
2005 a. 25,
74,
335,
361,
362,
479,
483;
2007 a. 20,
96,
97,
151,
226;
2009 a. 2,
28,
161,
165,
180,
183,
205,
265,
269,
295,
332,
344;
2011 a. 3,
5,
7,
10,
32,
212,
232;
2011 a. 260 s.
80; s. 13.92 (2) (i); s. 35.17 correction in (2) (a) 10.
71.26 Annotation
Under s. 71.06 (1), [now 71.26 (4)], the loss carry-over privilege was limited to an "identical taxpayer"; merging corporations are not entitled to the privilege. DOR v. U.S. Shoe Corp.
158 Wis. 2d 123,
462 N.W.2d 233 (Ct. App. 1990).
71.265
71.265
Previously exempt corporations; basis and depreciation. The Wisconsin adjusted basis of the property of any corporation that has, in any taxable year before it ceases to be exempt from tax under this chapter, taken depreciation or amortization of depreciable property for federal income tax purposes shall be the adjusted basis of that property as computed for federal income tax purposes as of the beginning of the taxable year in which the corporation ceases to be exempt. The corporation may continue, after it ceases to be exempt, to depreciate that property under the method used previously for federal income tax purposes.
71.265 History
History: 1987 a. 399;
1987 a. 411 s.
33; Stats. 1987 s. 71.265.
71.27
71.27
Rates of taxation. 71.27(1)(1) The taxes to be assessed, levied and collected upon Wisconsin net incomes of corporations shall be computed at the rate of 7.9%.
71.27(2)
(2) The corporation franchise tax imposed under
s. 71.23 (2) and measured by Wisconsin net income shall be computed at the rate of 7.9%.
71.27 History
History: 1987 a. 312;
2009 a. 28,
276.
71.275
71.275
Rate changes. If a rate under
s. 71.27 changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section
15 of the internal revenue code.
71.275 History
History: 1989 a. 31.
71.28(1)(1)
Community development finance credit. 71.28(1)(a)(a) Any corporation which contributes an amount to the community development finance authority under s.
233.03, 1985 stats., or to the housing and economic development authority under
s. 234.03 (32) and, in the same year, purchases common stock or partnership interests of the community development finance company issued under s.
233.05 (2), 1985 stats., or
s. 234.95 (2) in an amount no greater than the contribution to the authority may credit against taxes otherwise due an amount equal to 75% of the purchase price of the stock or partnership interests. The credit received under this paragraph may not exceed 75% of the contribution to the community development finance authority.
71.28(1)(b)
(b) Any corporation receiving a credit under this subsection may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year of purchase to the extent not offset by those taxes otherwise due in all intervening years between the year for which the credit was computed and the year for which the carry-forward is claimed.
71.28(1)(c)
(c) A claimant who has filed a timely claim under this subsection may file an amended claim with the department of revenue within 4 years of the last day prescribed by law for filing the original claim.
71.28(1dd)
(1dd) Development zones day care credit. 71.28(1dd)(a)1.
1. "Day care center benefits" means benefits provided at a child care facility that is licensed under
s. 48.65 or
48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
71.28(1dd)(a)2.
2. "Employment-related day care expenses" means amounts paid or incurred by a claimant, during the 2-year period beginning with the day that the member of the targeted group begins work for the claimant, for providing or making day care center benefits available to a qualifying individual in order to enable a member of a targeted group to be employed by the claimant.
71.28(1dd)(a)5.
5. "Qualifying individual" means a dependent of a member of a targeted group who is employed by a claimant and with respect to whom the member is entitled to a deduction under section
151 (c) of the internal revenue code for federal income tax purposes, a dependent of a member of a targeted group who is employed by a claimant if the dependent is physically or mentally incapable of caring for himself or herself or the spouse of a member of a targeted group who is employed by the claimant if the spouse is physically or mentally incapable of caring for himself or herself.
71.28(1dd)(b)
(b) Except as provided in
s. 73.03 (35), for any taxable year for which that person is certified under s.
560.765 (3), 2009 stats., and begins business operations in a zone under s.
560.71, 2009 stats., after July 29, 1995, entitled under s.
560.795 (3) (a), 2009 stats., and begins business operations in a zone under s.
560.795, 2009 stats., after July 29, 1995, or certified under s.
560.797 (4) (a), 2009 stats., for each zone for which the person is certified or entitled a person may credit against taxes otherwise due under this subchapter employment-related day care expenses, up to $1,200 for each qualifying individual.
71.28(1dd)(d)
(d) Subsection (4) (g) and
(h), as it applies to the credit under
sub. (4), applies to the credit under this subsection.
71.28(1dd)(dm)
(dm) No credit may be allowed under this subsection unless the claimant includes with the claimant's return a statement from the department of commerce verifying the amount of qualifying employment-related day care expenses.
71.28(1dd)(e)
(e) The credit under this subsection, as it applies to a person certified under s.
560.765 (3), 2009 stats., applies to a corporation that conducts economic activity in a zone under s.
560.795 (1), 2009 stats., and that is entitled to tax benefits under s.
560.795 (3), 2009 stats., subject to the limits under s.
560.795 (2), 2009 stats. A credit under this subsection may be credited using expenses incurred by a claimant on July 29, 1995.
71.28(1dd)(f)
(f) No credit may be claimed under this subsection for taxable years that begin on January 1, 1998, or thereafter. Credits under this subsection for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
71.28(1de)
(1de) Development zones environmental remediation credit. 71.28(1de)(a)(a) Except as provided in
s. 73.03 (35), for any taxable year for which a person is certified under s.
560.765 (3), 2009 stats., and begins business operations in a zone under s.
560.71, 2009 stats., after July 29, 1995, entitled under s.
560.795 (3) (a), 2009 stats., and begins business operations in a zone under s.
560.795, 2009 stats., after July 29, 1995, or certified under s.
560.797 (4) (a), 2009 stats., for each zone for which the person is certified or entitled the person may claim as a credit against taxes otherwise due under this subchapter an amount equal to 7.5% of the amount that the person expends to remove or contain environmental pollution, as defined in
s. 299.01 (4), in the zone or to restore soil or groundwater that is affected by environmental pollution, as defined in
s. 299.01 (4), in the zone if the person fulfills all of the following requirements:
71.28(1de)(a)1.
1. Begins the work, other than planning and investigating, for which the credit is claimed after the area that includes the site where the work is done is designated a development zone under s.
560.71, 2009 stats., a development opportunity zone under s.
560.795, 2009 stats., or an enterprise development zone under s.
560.797, 2009 stats., and after the claimant is certified under s.
560.765 (3), 2009 stats., entitled under s.
560.795 (3) (a), 2009 stats., or certified under s.
560.797 (4) (a), 2009 stats.
71.28(1de)(c)
(c) Subsection (4) (g) and
(h), as it applies to the credit under
sub. (4), applies to the credit under this subsection.
71.28(1de)(d)
(d) The credit under this subsection, as it applies to a person certified under s.
560.765 (3), 2009 stats., applies to a corporation that conducts economic activity in a zone under s.
560.795 (1), 2009 stats., and that is entitled to tax benefits under s.
560.795 (3), 2009 stats., subject to the limits under s.
560.795 (2), 2009 stats. A credit under this subsection may be credited using expenses incurred by a claimant on July 29, 1995.
71.28(1de)(e)
(e) No credit may be claimed under this subsection for taxable years that begin on January 1, 1998, or thereafter. Credits under this subsection for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
71.28(1di)
(1di) Development zones investment credit. 71.28(1di)(a)(a) Except as provided in
pars. (dm) and
(f) and
s. 73.03 (35), for any taxable year for which the person is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits, any person may claim as a credit against taxes otherwise due under this chapter 2.5% of the purchase price of depreciable, tangible personal property, or 1.75% of the purchase price of depreciable, tangible personal property that is expensed under section
179 of the internal revenue code for purposes of the taxes under this chapter, except that:
71.28(1di)(a)1.
1. The investment must be in property that is purchased after the person is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits and that is used for at least 50% of its use in the conduct of the person's business operations at a location in a development zone under subch.
VI of ch. 560, 2009 stats., or, if the property is mobile, the base of operations of the property for at least 50% of its use must be a location in a development zone.
71.28(1di)(a)2.
2. The credit under this subsection may be claimed only by the person who purchased the property the investment in which is the basis for the credit, except that only partners may claim the credit based on purchases by a partnership, only members may claim the credit based on purchases by a limited liability company and except that only shareholders may claim the credit based on purchases by a tax-option corporation.
71.28(1di)(a)3.
3. If the credit is claimed for used property, the claimant may not have used the property for business purposes at a location outside the development zone. If the credit is attributable to a partnership, limited liability company or tax-option corporation, that entity may not have used the property for business purposes at a location outside the development zone.
71.28(1di)(a)4.
4. No credit is allowed under this subsection for property which is the basis for a credit under
sub. (1dL).
71.28(1di)(b)2.2. If the claimant is located on an Indian reservation, as defined in s.
560.86 (5), 2009 stats., and is an American Indian, as defined in s.
560.86 (1), 2009 stats., an Indian business, as defined in s.
560.86 (4), 2009 stats., or a tribal enterprise, as defined in
s. 71.07 (2di) (b) 2., and if the allowable amount of the credit under this subsection exceeds the taxes otherwise due under this chapter on or measured by the claimant's income, the amount of the credit not used as an offset against those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft.
71.28(1di)(b)3.
3. Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and amount of, that credit shall be determined on the basis of their economic activity, not that of their shareholders, partners or members. The corporation, partnership or limited liability company shall compute the amount of the credit that may be claimed by each of its shareholders, partners or members and shall provide that information to each of its shareholders, partners or members. Partners, members of limited liability companies and shareholders of tax-option corporations may claim the credit based on the partnership's, company's or corporation's activities in proportion to their ownership interest and may offset it against the tax attributable to their income from the partnership's, company's or corporation's business operations in the development zone; except that partners, members, and shareholders in a development zone under s.
560.795 (1) (e), 2009 stats., may offset the credit against the amount of the tax attributable to their income from all of the partnership's, company's, or corporation's business operations; and against the tax attributable to their income from the partnership's, company's or corporation's directly related business operations.
71.28(1di)(c)
(c) Except as provided in
par. (b) 2., the carry-over provisions of
sub. (4) (e) and
(f) as they relate to the credit under that subsection relate to the credit under this subsection and apply as if the development zone continued to exist.
71.28(1di)(d)
(d) No credit may be allowed under this subsection unless the claimant includes with the claimant's return:
71.28(1di)(d)1.
1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s.
560.795 (3), 2009 stats.
71.28(1di)(d)2.
2. A statement from the department of commerce verifying the purchase price of the investment and verifying that the investment fulfills the requirements under
par. (a).
71.28(1di)(dm)
(dm) In calculating the credit under
par. (a), a claimant shall reduce the purchase price of the property by a percentage equal to the percentage of use of the property during the taxable year the property is first placed into service that is for a purpose not specified under
par. (a) 1.
71.28(1di)(e)
(e) The recapture provisions under section
47 (a) (5) of the internal revenue code as amended to December 31, 1985, as they apply to the credit under section
46 of the internal revenue code, apply to the credit under this subsection, except that those provisions also apply if the property for which the credit is claimed is moved out of the development zone or, for mobile property, if the base of operations is moved out of the zone and except that the determination of whether or not property is 3-year property shall be made under section
168 of the internal revenue code.
71.28(1di)(f)
(f) If a person who is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits becomes ineligible for such tax benefits, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits or succeeding taxable years and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits or succeeding taxable years.
71.28(1di)(g)
(g) If a person who is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
71.28(1di)(h)
(h) Subsection (4) (g) and
(h) as it applies to the credit under that subsection applies to the credit under this subsection.
71.28(1di)(i)
(i) The development zones credit under this subsection, as it applies to a person certified under s.
560.765 (3), 2009 stats., applies to a corporation that conducts economic activity in a development opportunity zone under s.
560.795 (1), 2009 stats., and that is entitled to tax benefits under s.
560.795 (3), 2009 stats., subject to the limits under s.
560.795 (2), 2009 stats. A development opportunity zone credit under this paragraph may be calculated using expenses incurred by a claimant beginning on the effective date under s.
560.795 (2) (a), 2009 stats., of the development opportunity zone designation of the area in which the claimant conducts economic activity.
71.28(1di)(j)
(j) No credit may be claimed under this subsection for taxable years that begin after December 31, 1997, and end before January 1, 2000. Credits under this subsection for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
71.28(1dj)(am)(am) Except as provided under
par. (f) or
s. 73.03 (35), for any taxable year for which the person is certified under s.
560.765 (3), 2009 stats., for tax benefits, any person may claim as a credit against taxes otherwise due under this chapter an amount calculated as follows:
71.28(1dj)(am)1.
1. Modify "member of a targeted group", as defined in section
51 (d) of the internal revenue code as amended to December 31, 1995, to include persons unemployed as a result of a business action subject to
s. 109.07 (1m) and dislocated workers, as defined in
29 USC 2801 (9), and to require a member of a targeted group to be a resident of this state.
71.28(1dj)(am)2.
2. Modify "designated local agency", as defined in section
51 (d) (15) of the internal revenue code, to include the local workforce development board established under
29 USC 2832 for the area that includes the development zone in which the employee in respect to whom the credit under this subsection is claimed works, if the department of commerce approves the criteria used for certification, and the department of commerce.
71.28(1dj)(am)3.
3. Modify the rule for certification under section
51 (d) (16) (A) of the internal revenue code to allow certification within the period beginning with the first day of employment of the employee.
71.28(1dj)(am)4.a.a. If certified under s.
560.765 (3), 2009 stats., for tax benefits before January 1, 1992, modify "qualified wages" as defined in section
51 (b) of the internal revenue code to exclude wages paid before the claimant is certified for tax benefits and to exclude wages that are paid to employees for work at any location that is not in a development zone under subch.
VI of ch. 560, 2009 stats. For purposes of this
subd. 4. a., mobile employees work at their base of operations and leased or rented employees work at the location where they perform services.
71.28(1dj)(am)4.b.
b. If certified under s.
560.765 (3), 2009 stats., for tax benefits after December 31, 1991, modify "qualified wages" as defined in section
51 (b) of the internal revenue code to exclude wages paid before the claimant is certified for tax benefits and to exclude wages that are paid to employees for work at any location that is not in a development zone under subch.
VI of ch. 560, 2009 stats. For purposes of this
subd. 4. b., mobile employees and leased or rented employees work at their base of operations.
71.28(1dj)(am)4c.
4c. Modify the rule for ineligible individuals under section
51 (i) (1) of the internal revenue code to allow credit for the wages of related individuals paid by an Indian business, as defined in s.
560.86 (4), 2009 stats., or a tribal enterprise, as defined in
s. 71.07 (2di) (b) 2., if the Indian business or tribal enterprise is located in a development zone designated under s.
560.71 (3) (c) 2., 2009 stats.
71.28(1dj)(am)4e.
4e. Modify section
51 (c) (2) of the internal revenue code to specify that the rules for on-the-job training and work supplementation payments also apply to those kinds of payments funded by this state.
71.28(1dj)(am)4h.
4h. Modify section
51 (a) of the internal revenue code so that the amount of the credit is 25% of the qualified first-year wages if the wages are paid to an applicant for a Wisconsin works employment position for service either in an unsubsidized position or in a trial job under
s. 49.147 (3) and so that the amount of the credit is 20% of the qualified first-year wages if the wages are not paid to such an applicant.
71.28(1dj)(am)4i.
4i. Modify section
51 (b) (3) of the internal revenue code so that the amount of the qualified first-year wages that may be taken into account is $13,000.
71.28(1dj)(am)4m.
4m. Modify the rule on remuneration under section
51 (f) of the internal revenue code so that it does not apply to persons who are exempt from tax under this chapter.
