AB150-engrossed,1132,109
71.04
(1) (a) All income or loss of resident individuals and resident estates and
10trusts shall follow the residence of the individual, estate or trust. Income or loss of
11nonresident individuals and nonresident estates and trusts from business, not
12requiring apportionment under sub. (4), (10) or (11), shall follow the situs of the
13business from which derived. All items of income, loss and deductions of nonresident
14individuals and nonresident estates and trusts derived from a tax-option
15corporation not requiring apportionment under sub. (9) shall follow the situs of the
16business of the corporation from which derived. Income or loss of nonresident
17individuals and nonresident estates and trusts derived from rentals and royalties
18from real estate or tangible personal property, or from the operation of any farm,
19mine or quarry, or from the sale of real property or tangible personal property shall
20follow the situs of the property from which derived. Income from personal services
21of nonresident individuals, including income from professions, shall follow the situs
22of the services. A nonresident limited partner's distributive share of partnership
23income shall follow the situs of the business. A nonresident limited liability company
24member's distributive share of limited liability company income shall follow the situs
25of the business. Income of nonresident individuals, estates and trusts from the state
1lottery under ch. 565 is taxable by this state. Income of nonresident individuals,
2estates and trusts from any multistate lottery under ch. 565 is taxable by this state,
3but only if the winning lottery ticket or lottery share was purchased from a retailer,
4as defined in s. 565.01 (6), located in this state or from the
gaming commission 5department. Income of nonresident individuals, nonresident trusts and nonresident
6estates from pari-mutuel winnings or purses under ch. 562 is taxable by this state.
7All other income or loss of nonresident individuals and nonresident estates and
8trusts, including income or loss derived from land contracts, mortgages, stocks,
9bonds and securities or from the sale of similar intangible personal property, shall
10follow the residence of such persons, except as provided in par. (b) and sub. (9).
AB150-engrossed,1132,2312
71.05
(1) (a)
Retirement systems. All payments received from the U.S. civil
13service retirement system, the U.S. military employe retirement system, the
14employe's retirement system of the city of Milwaukee, Milwaukee county employes'
15retirement system, sheriff's annuity and benefit fund of Milwaukee county, police
16officer's annuity and benefit fund of Milwaukee, fire fighter's annuity and benefit
17fund of Milwaukee, or the public employe trust fund as successor to the Milwaukee
18public school teachers' annuity and retirement fund and to the Wisconsin state
19teachers retirement system, which are paid on the account of any person who was
20a member of the paying or predecessor system or fund as of December 31, 1963, or
21was retired from any of the systems or funds as of December 31, 1963,
and who is a
22resident of this state but such exemption shall not exclude from gross income tax
23sheltered annuity benefits.
AB150-engrossed,1133,17
171.05
(3) Menominee Indian tribe; distribution of assets. No distribution of
2assets from the United States to the members of the Menominee Indian tribe as
3defined in s.
49.085 49.385 or their lawful distributees, or to any corporation, or
4organization, created by the tribe or at its direction pursuant to section 8, P.L.
583-399, as amended, and no issuance of stocks, bonds, certificates of indebtedness,
6voting trust certificates or other securities by any such corporation or organization,
7or voting trust, to such members of the tribe or their lawful distributees shall be
8subject to income taxes under this chapter; provided, that so much of any cash
9distribution made under said P.L.
83-399 as consists of a share of any interest earned
10on funds deposited in the treasury of the United States pursuant to the supplemental
11appropriation act, 1952, (65 Stat. 736, 754) shall not by virtue of this subsection be
12exempt from the individual income tax of this state in the hands of the recipients for
13the year in which paid. For the purpose of ascertaining the gain or loss resulting from
14the sale or other disposition of such assets and stocks, bonds, certificates of
15indebtedness and other securities under this chapter, the fair market value of such
16property, on termination date as defined in s. 70.057 (1), 1967 stats., shall be the basis
17for determining the amount of such gain or loss.
AB150-engrossed,1133,2219
71.05
(6) (a) 15. The amount of the credits computed under s. 71.07
(2dd), (2de), 20(2di), (2dj), (2dL) and (2ds) and not passed through by a partnership, limited liability
21company or tax-option corporation that has added that amount to the partnership's,
22company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).
AB150-engrossed,1134,224
71.05
(6) (b) 21. The difference between the amount of social security benefits
25included in federal adjusted gross income for the current year and the amount
1calculated under section
86 of the internal revenue code as that section existed on
2December 31, 1992.
AB150-engrossed,1134,44
71.07
(2dd) Development zones day care credit. (a) In this subsection:
AB150-engrossed,1134,75
1. "Day care center benefits" means benefits provided at a day care facility that
6is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least
76 children.
AB150-engrossed,1134,118
2. "Employment-related day care expenses" means amounts paid or incurred
9by a claimant for providing or making day care center benefits available to a
10qualifying individual in order to enable a member of a targeted group to be employed
11by the claimant.
AB150-engrossed,1134,1212
4. "Member of a targeted group" means a person under sub. (2dj) (am) 1.
AB150-engrossed,1134,2013
5. "Qualifying individual" means a dependent of a member of a targeted group
14who is employed by a claimant and with respect to whom the member is entitled to
15a deduction under section
151 (c) of the internal revenue code for federal income tax
16purposes, a dependent of a member of a targeted group who is employed by a
17claimant if the dependent is physically or mentally incapable of caring for himself
18or herself or the spouse of a member of a targeted group who is employed by the
19claimant if the spouse is physically or mentally incapable of caring for himself or
20herself.
AB150-engrossed,1135,221
(b) Except as provided in s. 73.03 (35), for any taxable year for which that
22person is certified under s. 560.765 (3) and begins business operations in a zone
23under s. 560.71 after the effective date of this paragraph .... [revisor inserts date], or
24certified under s. 560.797 (4) (a) for each zone for which the person is certified or
1entitled a person may credit against taxes otherwise due under this subchapter
2employment-related day care expenses, up to $1,200 for each qualifying individual.
AB150-engrossed,1135,43
(c) Subsection (2di) (b), (c), (d) 1., (f) and (g), as it applies to the credit under sub.
4(2di), applies to the credit under this subsection.
AB150-engrossed,1135,65
(d) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4),
6applies to the credit under this subsection.
AB150-engrossed,1135,97
(dm) No credit may be allowed under this subsection unless the claimant
8includes with the claimant's return a statement from the department of development
9verifying the amount of qualifying employment-related day care expenses.
AB150-engrossed,1135,1510
(e) The credit under this subsection, as it applies to a person certified under s.
11560.765 (3), applies to a person who conducts economic activity in a zone under s.
12560.795 (1) and who is entitled to tax benefits under s. 560.795 (3), subject to the
13limits under s. 560.795 (2). A credit under this subsection may be credited using
14expenses incurred by a claimant on the effective date of this paragraph .... [revisor
15inserts date].
AB150-engrossed,1136,217
71.07
(2de) Development zones environmental remediation credit. (a)
18Except as provided in s. 73.03 (35), for any taxable year for which a person is certified
19under s. 560.765 (3) and begins business operations in a zone under s. 560.71 after
20the effective date of this paragraph .... [revisor inserts date], or certified under s.
21560.797 (4) (a), for each zone for which the person is certified or entitled the person
22may claim as a credit against taxes otherwise due under this subchapter an amount
23equal to 7.5% of the amount that the person expends to remove or contain
24environmental pollution, as defined in s. 144.01 (3), in the zone or to restore soil or
1groundwater that is affected by environmental pollution, as defined in s. 144.01 (3),
2in the zone if the person fulfills all of the following requirements:
AB150-engrossed,1136,83
1. Begins the work, other than planning and investigating, for which the credit
4is claimed after the area that includes the site where the work is done is designated
5a development zone under s. 560.71, a development opportunity zone under s.
6560.795 or an enterprise development zone under s. 560.797 and after the claimant
7is certified under s. 560.765 (3), entitled under s. 560.795 (3) (a) or certified under s.
8560.797 (4) (a).
AB150-engrossed,1136,109
(b) Subsection (2di) (b), (c), (d), (f) and (g), as it applies to the credit under sub.
10(2di), applies to the credit under this subsection.
AB150-engrossed,1136,1211
(c) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4),
12applies to the credit under this subsection.
AB150-engrossed,1136,1813
(d) The credit under this subsection, as it applies to a person certified under s.
14560.765 (3), applies to a person who conducts economic activity in a zone under s.
15560.795 (1) and who is entitled to tax benefits under s. 560.795 (3), subject to the
16limits under s. 560.795 (2). A credit under this subsection may be credited using
17expenses incurred by a claimant on the effective date of this paragraph .... [revisor
18inserts date].
AB150-engrossed,1136,2520
71.07
(2dj) (d) If the allowable amount of the credit under par. (am) exceeds the
21taxes otherwise due under this chapter on or measured by the claimant's income, the
22amount of the credit not used as an offset against those taxes shall be certified to the
23department of administration for payment to the claimant by check, share draft or
24other draft
unless the claimant does not fulfill the requirements under sub. (2di) (b)
252. and bases the claim on activity in a zone under s. 560.797.
AB150-engrossed,1137,42
71.07
(2dj) (h) For claims based on activity in a zone under s. 560.797, the rules
3under sub. (2di) (b) and (c) as they apply to the credit under that subsection apply
4to the credit under this subsection.
AB150-engrossed,1137,116
71.07
(2ds) (c) If the allowable amount of the credit under par. (b) exceeds the
7taxes otherwise due under this chapter on or measured by the claimant's income, the
8amount of the credit not used as an offset against those taxes shall be certified to the
9department of administration for payment to the claimant by check, share draft or
10other draft
unless the claimant does not fulfill the requirements under sub. (2di) (b)
112. and bases the claim on activity in a zone under s. 560.797.
AB150-engrossed,1137,1513
71.07
(2ds) (h) For claims based on activity in a zone under s. 560.797, the rules
14under sub. (2di) (b) and (c) as they apply to the credit under that subsection apply
15to the credit under this subsection.
AB150-engrossed,1137,2117
71.07
(9e) (ac) For taxable years beginning after December 31, 1994, and before
18January 1, 1996, any natural person may credit against the tax imposed under s.
1971.02 an amount equal to one of the following percentages of the federal basic earned
20income credit for which the person is eligible for the taxable year under section
32 21(b) (1) (A) to (C) of the internal revenue code:
AB150-engrossed,1137,2322
1. If the person has one qualifying child who has the same principal place of
23abode as the person, 4%.
AB150-engrossed,1137,2524
2. If the person has 2 qualifying children who have the same principal place of
25abode as the person, 16%.
AB150-engrossed,1138,2
13. If the person has 3 or more qualifying children who have the same principal
2place of abode as the person, 50%.
AB150-engrossed,1138,94
71.07
(9e) (ad) (intro.) For taxable years beginning
on or after January 1, 1994
5after December 31, 1993, and before January 1, 1995, a person who has one
6qualifying child who has the same principal place of abode as the person may credit
7against the tax imposed under s. 71.02 an amount equal to the amount calculated by
8one of the following methods, based on the person's earned income or federal adjusted
9gross income:
AB150-engrossed,1138,1511
71.07
(9e) (af) For taxable years beginning after December 31, 1995, any
12natural person may credit against the tax imposed under s. 71.02 an amount equal
13to one of the following percentages of the federal basic earned income credit for which
14the person is eligible for the taxable year under section
32 (b) (1) (A) to (C) of the
15internal revenue code:
AB150-engrossed,1138,1716
1. If the person has one qualifying child who has the same principal place of
17abode as the person, 4%.
AB150-engrossed,1138,1918
2. If the person has 2 qualifying children who have the same principal place of
19abode as the person, 14%.
AB150-engrossed,1138,2120
3. If the person has 3 or more qualifying children who have the same principal
21place of abode as the person, 43%.
AB150-engrossed,1139,323
71.07
(9e) (ah) (intro.) For taxable years beginning
on or after January 1, 1994 24after December 31, 1993, and before January 1, 1995, a person who has 2 qualifying
25children who have the same principal place of abode as the person may credit against
1the tax imposed under s. 71.02 an amount equal to the amount calculated by one of
2the following methods, based on the person's earned income or federal adjusted gross
3income:
AB150-engrossed,1139,105
71.07
(9e) (ap) (intro.) For taxable years beginning
on or after January 1, 1994
6after December 31, 1993, and before January 1, 1995, a person who has more than
72 qualifying children who have the same principal place of abode as the person may
8credit against the tax imposed under s. 71.02 an amount equal to the amount
9calculated by one of the following methods, based on the person's earned income or
10federal adjusted gross income:
AB150-engrossed,1139,1312
71.07
(9e) (at) 1. (intro.) For taxable years beginning
on or after January 1,
131994, and subject to subd. 2. after December 31, 1993, and before January 1, 1995:
AB150-engrossed,1139,1816
71.07
(9e) (at) 3. (intro.) For taxable years beginning
on or after January 1,
171994 after December 31, 1993, and before January 1, 1995, the maximum credit is
18one of the following amounts:
AB150-engrossed,1140,220
71.07
(9m) (a) Any person may credit against taxes otherwise due under this
21chapter, up to the amount of those taxes, an amount equal to 5% of the costs of
22qualified rehabilitation expenditures, as defined in section
48 (g) (2) 47 (c) (2) of the
23internal revenue code, for certified historic structures on property located in this
24state if the physical work of construction or destruction in preparation for
1construction begins after December 31, 1988, and the rehabilitated property is
2placed in service after June 30, 1989.
AB150-engrossed,1140,114
71.08
(1) Imposition. (intro.) If the tax imposed on a natural person, married
5couple filing jointly, trust or estate under s. 71.02, not considering the credits under
6ss. 71.07 (1),
(2dd), (2de), (2di), (2dj), (2dL), (2ds), (2fd), (3m), (6) and (9e), 71.28
(1dd),
7(1de), (1di), (1dj), (1dL), (1ds), (1fd) and (2m) and 71.47
(1dd), (1de), (1di), (1dj), (1dL),
8(1ds), (1fd) and (2m) and subchs. VIII and IX and payments to other states under s.
971.07 (7), is less than the tax under this section, there is imposed on that natural
10person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02,
11an alternative minimum tax computed as follows:
AB150-engrossed, s. 3393w
12Section 3393w. 71.10 (3) of the statutes, as affected by 1995 Wisconsin Act ....
13(this act), is repealed.
AB150-engrossed,1140,1716
71.10
(4) (gd) Development zones jobs credit under s. 71.07 (2dj) if the credit
17is based on activity in a zone under s. 560.797.
AB150-engrossed,1140,1918
(ge) Development zones sales tax credit under s. 71.07 (2ds) if the credit is
19based on activity in a zone under s. 560.797.
AB150-engrossed,1140,2020
(gs) Development zones day care credit under s. 71.07 (2dd).
AB150-engrossed,1140,2121
(gt) Development zones environmental remediation credit under s. 71.07 (2de).
AB150-engrossed,1141,523
71.10
(4) (i) The total of claim of right credit under s. 71.07 (1), farmland
24preservation credit under subch. IX, homestead credit under subch. VIII, farmland
25tax relief credit under s. 71.07 (3m), farmers' drought property tax credit under s.
171.07 (2fd), development zones sales tax credit under s. 71.07 (2ds)
unless the credit
2is based on activity in a zone under s. 560.797, development zones jobs credit under
3s. 71.07 (2dj)
unless the credit is based on activity in a zone under s. 560.797, earned
4income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and
5taxes withheld under subch. X.
AB150-engrossed,1141,157
71.10
(5) (a) 2. "Endangered resources program" means purchasing or
8improving land or habitats for any native Wisconsin endangered or threatened
9species as defined in s. 29.415 (2)
(a) (am) or (b) or for any nongame species as defined
10in s. 29.01 (10), conducting wildlife and resource research and surveys and providing
11wildlife management services, providing for wildlife damage control or the payment
12of claims for damage associated with endangered or threatened species, repaying the
13general fund for amounts expended under s. 20.370 (1) (fb) in fiscal year 1983-84 and
14the payment of administrative expenses related to the administration of this
15subsection.
AB150-engrossed,1141,2017
71.10
(5e) Wisconsin election campaign fund. (a)
Voluntary payments. 1.
18`Designation on return.' Any individual filing an income tax return may designate
19on the return any amount of additional payment or any amount of a refund due that
20individual for the Wisconsin election campaign fund.
AB150-engrossed,1141,2321
2. `Designation added to tax owed.' If the individual owes any tax, the
22individual shall remit in full the tax due and the amount designated on the return
23for the Wisconsin election campaign fund when the individual files a tax return.
AB150-engrossed,1142,224
3. `Designation deducted from refund.' Except as provided under par. (c) if the
25individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
1(3), the department of revenue shall deduct the amount designated on the return for
2the Wisconsin election campaign fund from the amount of the refund.
AB150-engrossed,1142,63
(b)
Errors; failure to remit correct amount. If an individual who owes taxes fails
4to remit an amount equal to or in excess of the total of the actual tax due, after error
5corrections, and the amount designated on the return for the Wisconsin election
6campaign fund:
AB150-engrossed,1142,127
1. The department shall reduce the designation for the Wisconsin election
8campaign fund program to reflect the amount remitted in excess of the actual tax
9due, after error corrections, if the individual remitted an amount in excess of the
10actual tax due, after error corrections, but less than the total of the actual tax due,
11after error corrections, and the amount originally designated on the return for the
12Wisconsin election campaign fund.
AB150-engrossed,1142,1513
2. The designation for the Wisconsin election campaign fund is void if the
14individual remitted an amount equal to or less than the actual tax due, after error
15corrections.
AB150-engrossed,1142,2116
(c)
Errors; insufficient refund. If an individual who is owed a refund which does
17not equal or exceed the amount designated on the return for the Wisconsin election
18campaign fund, after crediting under ss. 71.75 (9) and 71.80 (3) and after error
19corrections, the department shall reduce the designation for the Wisconsin election
20campaign fund to reflect the actual amount of the refund the individual is otherwise
21owed, after crediting under ss. 71.75 (9) and 71.80 (3) and after error corrections.
AB150-engrossed,1142,2322
(d)
Conditions. If an individual places any conditions on a designation for the
23Wisconsin election campaign fund, the designation is void.
AB150-engrossed,1143,3
1(e)
Void designation. If a designation for the Wisconsin election campaign fund
2is void, the department of revenue shall disregard the designation and determine
3amounts due, owed, refunded and received without regard to the void designation.
AB150-engrossed,1143,84
(f)
Tax return. The secretary of revenue shall provide a place for the
5designations under this subsection on the individual income tax return and the
6secretary shall highlight that place on the return by a symbol chosen by the
7department of revenue that relates to elections. The names of persons making
8designations under this subsection shall be strictly confidential.
AB150-engrossed,1143,199
(g)
Certification of amounts. Annually, on or before August 15, the secretary
10of revenue shall certify to the elections board and the secretary of administration the
11total amount received from all designations for the Wisconsin election campaign
12fund made by taxpayers during the previous fiscal year. Amounts designated for the
13Wisconsin election campaign fund under this subsection are not subject to refund to
14the taxpayer unless the taxpayer submits information to the satisfaction of the
15department within 18 months after the date taxes are due or the date the return is
16filed, whichever is later, that the amount designated is clearly in error. Any refund
17granted by the department of revenue under this subdivision shall be deducted from
18the moneys received under this subsection in the fiscal year that the refund is
19certified.
AB150-engrossed,1143,2321
71.10
(5m) Domestic abuse awareness and prevention. (a)
Definitions. In this
22subsection, "domestic abuse program" means the program described under s. 46.95
23(4).
AB150-engrossed,1144,3
1(b)
Voluntary payments. 1. `Designation on return'. Any individual filing an
2income tax return may designate on the return any amount of additional payment
3or any amount of a refund due that individual for the domestic abuse program.
AB150-engrossed,1144,64
2. `Designation added to tax owed'. If the individual owes any tax, the
5individual shall remit in full the tax due and the amount designated on the return
6for the domestic abuse program when the individual files a tax return.
AB150-engrossed,1144,107
3. `Designation deducted from refund'. Except as provided under par. (d) if the
8individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
9(3), the department of revenue shall deduct the amount designated on the return for
10the domestic abuse program from the amount of the refund.
AB150-engrossed,1144,1411
(c)
Errors; failure to remit correct amount. If an individual who owes taxes fails
12to remit an amount equal to or in excess of the total of the actual tax due, after error
13corrections, and the amount designated on the return for the domestic abuse
14program:
AB150-engrossed,1144,1915
1. The department shall reduce the designation for the domestic abuse program
16to reflect the amount remitted in excess of the actual tax due, after error corrections,
17if the individual remitted an amount in excess of the actual tax due, after error
18corrections, but less than the total of the actual tax due, after error corrections, and
19the amount originally designated on the return for the domestic abuse program.
AB150-engrossed,1144,2120
2. The designation for the domestic abuse program is void if the individual
21remitted an amount equal to or less than the actual tax due, after error corrections.