SB77-SSA1,949,1417
70.27
(8) Plat filed with governing body. Within 2 days after the assessor's
18plat is filed with the governing body, it shall be transmitted to the department of
19commerce administration by the clerk of the governing body which ordered the plat.
20The department of
commerce administration shall review the plat within 30 days of
21its receipt. No such plat may be given final approval by the local governing body until
22the department of
commerce administration has certified on the face of the original
23plat that it complies with the applicable provisions of ss. 236.15 and 236.20. After
24the plat has been so certified the clerk shall promptly publish a class 3 notice thereof,
25under ch. 985. The plat shall remain on file in the clerk's office for 30 days after the
1first publication. At any time within the 30-day period any person or public body
2having an interest in any lands affected by the plat may bring a suit to have the plat
3corrected. If no suit is brought within the 30-day period, the plat may be approved
4by the governing body, and filed for record. If a suit is brought, approval shall be
5withheld until the suit is decided. The plat shall then be revised in accordance with
6the decision if necessary, and, without rereferral to the department of
commerce 7administration unless rereferral is ordered by the court. The plat may then be
8approved by the governing body and filed for record. When so filed the plat shall
9carry on its face the certificate of the clerk that all provisions of this section have been
10complied with. When recorded after approval by the governing body, the plat shall
11have the same effect for all purposes as if it were a land division plat made by the
12owners in full compliance with ch. 236. Before January 1 of each year, the register
13of deeds shall notify the town clerks of the recording of any assessors' plats made or
14amended during the preceding year, affecting lands in their towns.
SB77-SSA1,949,2016
70.375
(2) (b) The secretary may promulgate any rules necessary to implement
17the tax under ss. 70.37 to 70.39 and 70.395
(1) (1e). In respect to mines not in
18operation on November 28, 1981, ss. 71.10 (1), 71.30 (1), 71.74 (2), (3), (9), (11) and
19(15), 71.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1.
20and 71.85 (2) apply to the administration of this section.
SB77-SSA1,950,722
70.375
(6) Indexing. For calendar year 1983 and corresponding fiscal years and
23thereafter, the The dollar amounts in sub. (5) and s. 70.395 (1)
, (1m) and (2) (d) 1m.
24and 5. a. and
(2) (dg) shall be changed to reflect the percentage change between the
25gross national product deflator for June of the current year and the gross national
1product deflator for June of the previous year, as determined by the U.S. department
2of commerce as of December 30 of the year for which the taxes are due, except that
3no annual increase may be more than 10%. The revised amounts shall be rounded
4to the nearest whole number divisible by 100 and shall not be reduced below the
5amounts under sub. (5) on November 28, 1981. Annually, the department shall adopt
6any changes in dollar amounts required under this subsection and incorporate them
7into the appropriate tax forms.
SB77-SSA1, s. 2239
8Section
2239. 70.395 (1) (intro.) of the statutes is renumbered 70.395 (1e) and
9amended to read:
SB77-SSA1,950,1410
70.395
(1e) Distribution. Fifteen days after the collection of the tax under ss.
1170.38 to 70.39, the department of administration, upon certification of the
12department of revenue, shall transfer the amount collected
as follows: in respect to
13mines not in operation on November 28, 1981, to the investment and local impact
14fund.
SB77-SSA1, s. 2241
16Section
2241. 70.395 (1) (a) 2. of the statutes is renumbered 70.395 (1) and
17amended to read:
SB77-SSA1,950,2118
70.395
(1) (title)
Definition. In this
paragraph, except as provided in subd. 3. 19section, "first-dollar payment" means an amount equal to $100,000
for each county,
20Native American community or municipality eligible to receive a payment under
21sub. (2) (d) 1., 2. or 2m adjusted as provided in s. 70.375 (6).
SB77-SSA1,951,43
70.395
(2) (d) 1. To each county in which metalliferous minerals are extracted,
4the first-dollar payment
under sub. (1) (a).
SB77-SSA1,951,146
70.395
(2) (d) 2. To each city, town or village in which metalliferous minerals
7are extracted, the first-dollar payment
under sub. (1) (a) minus any payment during
8that year under par. (d) (intro.) or subd. 5. If the minable ore body is located in 2
9contiguous municipalities and if at least 15% of the minable ore body is in each
10municipality, each qualifying municipality shall receive a full payment specified in
11this subdivision as if the ore body were located solely within that municipality. The
12department of revenue shall annually change the dollar amount specified in this
13subdivision as specified in s. 70.375 (6) except that the dollar amount may not be
14reduced below the dollar amount under this subdivision on November 28, 1981.
SB77-SSA1, s. 2249
15Section
2249. 70.395 (2) (d) 4. a. of the statutes is amended to read:
SB77-SSA1,951,1816
70.395
(2) (d) 4. a. To ensure an annual payment to each municipality under
17sub. (1) (a) subds. 1. and 2. in an amount equal to the average payment for the 3
18previous years to that municipality.
SB77-SSA1,952,420
70.395
(2) (dg) Each person constructing a metalliferous mining site shall pay
21to the department of revenue for deposit in the investment and local impact fund, as
22a construction fee, an amount sufficient to make the construction period payments
23under par. (d) 5. in respect to that site. Any person paying a construction fee under
24this paragraph may credit against taxes due under s. 70.375 an amount equal to the
25payments that the taxpayer has made under this paragraph, provided that the credit
1does not reduce the taxpayer's liability under s. 70.375 below the amount needed to
2make the first-dollar payments
as defined under sub. (1) (a) 2. under subds. 1., 2. and
32m. for that year in respect to the taxpayer's mine. Any amount not creditable
4because of that limitation in any year may be carried forward.
SB77-SSA1, s. 2251
5Section
2251. 70.395 (2) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,952,86
70.395
(2) (g) (intro.) The board may distribute the revenues received under
7subs. (1) (a) and (1g) (b) sub. (1e) or proceeds thereof in accordance with par. (h) for
8the following purposes, as the board determines necessary:
SB77-SSA1,952,1010
71.01
(1m) "Department" means the department of revenue.
SB77-SSA1,952,1512
71.01
(5g) "File" means mail or deliver a document that the department
13prescribes to the department or, if the department prescribes another method of
14submitting or another destination, use that other method or submit to that other
15destination.
SB77-SSA1,953,1018
71.01
(6) (e) For taxable years that begin after December 31, 1989, and before
19January 1, 1991, for natural persons and fiduciaries, except fiduciaries of nuclear
20decommissioning trust or reserve funds, "internal revenue code" means the federal
21internal revenue code as amended to December 31, 1989, and as amended by P.L.
22101-280, P.L.
101-508, P.L.
102-227 and, P.L.
103-66 and P.L. 104-188, excluding
23section 1311 of P.L. 104-188, and as indirectly affected by P.L.
99-514, P.L.
100-203,
24P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
101-239, P.L.
101-280,
25P.L.
101-508, P.L.
102-227 and, P.L.
103-66 and P.L. 104-188, excluding section
11311 of P.L. 104-188. The internal revenue code applies for Wisconsin purposes at
2the same time as for federal purposes. Amendments to the federal internal revenue
3code enacted after December 31, 1989, do not apply to this paragraph with respect
4to taxable years beginning after December 31, 1989, and before January 1, 1991,
5except that changes to the internal revenue code made by P.L.
101-280, P.L.
101-508,
6P.L.
102-227 and, P.L.
103-66 and P.L. 104-188, excluding section 1311 of P.L.
7104-188, and changes that indirectly affect the federal internal revenue code made
8by P.L.
101-280, P.L.
101-508, P.L.
102-227 and, P.L.
103-66 and P.L. 104-188,
9excluding section 1311 of P.L. 104-188, apply for Wisconsin purposes at the same
10time as for federal purposes.
SB77-SSA1,954,412
71.01
(6) (f) For taxable years that begin after December 31, 1990, and before
13January 1, 1992, for natural persons and fiduciaries, except fiduciaries of nuclear
14decommissioning trust or reserve funds, "internal revenue code" means the federal
15internal revenue code as amended to December 31, 1990. and as amended by P.L.
16102-90, P.L.
102-227, P.L.
102-486 and, P.L.
103-66 and P.L. 104-188, excluding
17section 1311 of P.L. 104-188, and as indirectly affected by P.L.
99-514, P.L.
100-203,
18P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
101-239, P.L.
101-280,
19P.L.
101-508, P.L.
102-90, P.L.
102-227, P.L.
102-486 and
, P.L.
103-66 and P.L.
20104-188, excluding section 1311 of P.L. 104-188. The internal revenue code applies
21for Wisconsin purposes at the same time as for federal purposes. Amendments to the
22federal internal revenue code enacted after December 31, 1990, do not apply to this
23paragraph with respect to taxable years beginning after December 31, 1990, and
24before January 1, 1992, except that changes to the internal revenue code made by
25P.L.
102-90, P.L.
102-227, P.L.
102-486 and, P.L.
103-66 and P.L. 104-188,
1excluding section 1311 of P.L. 104-188, and changes that indirectly affect the federal
2internal revenue code made by P.L.
102-90, P.L.
102-227, P.L.
102-486
and, P.L.
3103-66 and P.L. 104-188, excluding section 1311 of P.L. 104-188, apply for Wisconsin
4purposes at the same time as for federal purposes.
SB77-SSA1,955,26
71.01
(6) (g) For taxable years that begin after December 31, 1991, and before
7January 1, 1993, for natural persons and fiduciaries, except fiduciaries of nuclear
8decommissioning trust or reserve funds, "internal revenue code" means the federal
9internal revenue code as amended to December 31, 1991, excluding sections 103, 104
10and 110 of P.L.
102-227, and as amended by P.L.
102-318, P.L.
102-486
and, P.L.
11103-66, excluding sections 13101 (a) and (c) 1, 13171 and 13174 of P.L.
103-66,
and
12P.L. 104-188, excluding section 1311 of P.L. 104-188, and as indirectly affected by
13P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179,
14P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
102-90, P.L.
102-227, excluding
15sections 103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486
and, P.L.
16103-66, excluding sections 13101 (a) and (c) 1, 13171 and 13174 of P.L.
103-66, and
17P.L. 104-188, excluding section 1311 of P.L. 104-188. The internal revenue code
18applies for Wisconsin purposes at the same time as for federal purposes.
19Amendments to the federal internal revenue code enacted after December 31, 1991,
20do not apply to this paragraph with respect to taxable years beginning after
21December 31, 1991, and before January 1, 1993, except that changes to the internal
22revenue code made by P.L.
102-318, P.L.
102-486 and, P.L.
103-66 and P.L. 104-188,
23excluding section 1311 of P.L. 104-188, and changes that indirectly affect the
24provisions applicable to this subchapter made by P.L.
102-318, P.L.
102-486 and,
1P.L.
103-66 and P.L. 104-188, excluding section 1311 of P.L. 104-188, apply for
2Wisconsin purposes at the same time as for federal purposes.
SB77-SSA1,955,244
71.01
(6) (h) For taxable years that begin after December 31, 1992, and before
5January 1, 1994, for natural persons and fiduciaries, except fiduciaries of nuclear
6decommissioning trust or reserve funds, "internal revenue code" means the federal
7internal revenue code as amended to December 31, 1992, excluding sections 103, 104
8and 110 of P.L.
102-227, and as amended by P.L.
103-66, excluding sections 13101
9(a) and (c) 1, 13113, 13150, 13171, 13174 and 13203 of P.L.
103-66,
and, P.L.
103-465 10and P.L. 104-188, excluding section 1311 of P.L. 104-188, and as indirectly affected
11by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179,
12P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
102-90, P.L.
102-227, excluding
13sections 103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486
and, P.L.
14103-66, excluding sections 13101 (a) and (c) 1, 13113, 13150, 13171, 13174 and 13203
15of P.L.
103-66, and P.L. 104-188, excluding section 1311 of P.L. 104-188. The
16internal revenue code applies for Wisconsin purposes at the same time as for federal
17purposes. Amendments to the federal internal revenue code enacted after December
1831, 1992, do not apply to this paragraph with respect to taxable years beginning after
19December 31, 1992, and before January 1, 1994, except that changes to the internal
20revenue code made by P.L.
103-66 and, P.L.
103-465 and P.L. 104-188, excluding
21section 1311 of P.L. 104-188, and changes that indirectly affect the provisions
22applicable to this subchapter made by P.L.
103-66 and
, P.L.
103-465 and P.L.
23104-188, excluding section 1311 of P.L. 104-188, apply for Wisconsin purposes at the
24same time as for federal purposes.
SB77-SSA1,957,2
171.01
(6) (i) For taxable years that begin after December 31, 1993, and before
2January 1, 1995, for natural persons and fiduciaries, except fiduciaries of nuclear
3decommissioning trust or reserve funds, "internal revenue code" means the federal
4internal revenue code as amended to December 31, 1993, excluding sections 103, 104
5and 110 of P.L.
102-227 and sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d)
6and 13215 of P.L.
103-66 and as amended by P.L.
103-296, P.L.
103-337, P.L.
7103-465 and, P.L.
104-7, excluding section 1 of P.L.
104-7,
P.L. 104-188, excluding
8section 1311 of P.L. 104-188, P.L. 104-191 and P.L. 104-193 and as indirectly
9affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
10101-179, P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
102-90, P.L.
102-227,
11excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486, P.L.
12103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d) and 13215
13of P.L.
103-66, P.L.
103-296, P.L.
103-337, P.L.
103-465 and, P.L.
104-7, excluding
14section 1 of P.L.
104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L.
15104-191 and P.L. 104-193. The internal revenue code applies for Wisconsin
16purposes at the same time as for federal purposes. Amendments to the federal
17internal revenue code enacted after December 31, 1993, do not apply to this
18paragraph with respect to taxable years beginning after December 31, 1993, and
19before January 1, 1995, except that changes to the internal revenue code made by
20P.L.
103-296, P.L.
103-337, P.L.
103-465 and, P.L.
104-7, excluding section 1 of P.L.
21104-7,
P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191 and P.L.
22104-193 and changes that indirectly affect the provisions applicable to this
23subchapter made by P.L.
103-276 103-296, P.L.
103-337, P.L.
103-465 and, P.L.
24104-7, excluding section 1 of P.L.
104-7,
P.L. 104-188, excluding section 1311 of P.L.
1104-188, P.L. 104-191 and P.L. 104-193, apply for Wisconsin purposes at the same
2time as for federal purposes.
SB77-SSA1,958,24
71.01
(6) (j) For taxable years that begin after December 31, 1994, and before
5January 1, 1996, for natural persons and fiduciaries, except fiduciaries of nuclear
6decommissioning trust or reserve funds, "internal revenue code" means the federal
7internal revenue code as amended to December 31, 1994, excluding sections 103, 104
8and 110 of P.L.
102-227 and sections 13113, 13150 (d), 13171 (d), 13174 and 13203
9(d) of P.L.
103-66, and as amended by P.L.
104-7 and, P.L.
104-117, P.L. 104-188,
10excluding sections 1202, 1204, 1311 and 1605 of P.L. 104-188, P.L. 104-191 and P.L.
11104-193 and as indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
12101-73, P.L.
101-140, P.L.
101-179, P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
13102-90, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
14102-318, P.L.
102-486 and, P.L.
103-66, excluding sections 13113, 13150 (d), 13171
15(d), 13174 and 13203 (d) of P.L.
103-66, P.L.
103-296, P.L.
103-337, P.L.
103-465,
16P.L.
104-7 and, P.L.
104-117, P.L. 104-188, excluding sections 1202, 1204, 1311 and
171605 of P.L. 104-188, P.L. 104-191 and P.L. 104-193. The internal revenue code
18applies for Wisconsin purposes at the same time as for federal purposes.
19Amendments to the federal internal revenue code enacted after December 31,
1994,
20do not apply to this paragraph with respect to taxable years beginning after
21December 31, 1994, and before January 1, 1996, except that changes to the internal
22revenue code made by P.L.
104-7 and, P.L.
104-117, P.L. 104-188, excluding sections
231202, 1204, 1311 and 1605 of P.L. 104-188, P.L. 104-191 and P.L. 104-193 and
24changes that indirectly affect the provisions applicable to this subchapter made by
25P.L.
104-7 and, P.L.
104-117, P.L. 104-188, excluding sections 1202, 1204, 1311 and
11605 of P.L. 104-188, P.L. 104-191 and P.L. 104-193 apply for Wisconsin purposes
2at the same time as for federal purposes.
SB77-SSA1,959,24
71.01
(6) (k) For taxable years that begin after December 31, 1995,
and before
5January 1, 1997, for natural persons and fiduciaries, except fiduciaries of nuclear
6decommissioning trust or reserve funds, "internal revenue code" means the federal
7internal revenue code as amended to December 31, 1995, excluding sections 103, 104
8and 110 of P.L.
102-227 and sections 13113, 13150 (d), 13171 (d), 13174 and 13203
9(d) of P.L.
103-66, and as amended by P.L.
104-117, P.L. 104-188, excluding sections
101123, 1202, 1204, 1311 and 1605 of P.L. 104-188, P.L. 104-191 and P.L. 104-193, and
11as indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
12101-140, P.L.
101-179, P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
102-90, P.L.
13102-227, excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
14102-486, P.L.
103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174 and
1513203 (d) of P.L.
103-66, P.L.
103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7 and, 16P.L.
104-117, P.L. 104-188, excluding sections 1123, 1202, 1204, 1311 and 1605 of
17P.L. 104-188, P.L. 104-191 and P.L. 104-193. The internal revenue code applies for
18Wisconsin purposes at the same time as for federal purposes. Amendments to the
19federal internal revenue code enacted after December 31, 1995, do not apply to this
20paragraph with respect to taxable years beginning after December 31, 1995,
and
21before January 1, 1997, except that changes to the internal revenue code made by
22P.L.
104-117, P.L. 104-188, excluding sections 1123, 1202, 1204, 1311 and 1605 of
23P.L. 104-188, P.L. 104-191 and P.L. 104-193 and changes that indirectly affect the
24provisions applicable to this subchapter made by P.L.
104-117, P.L. 104-188,
1excluding sections 1123, 1202, 1204, 1311 and 1605 of P.L. 104-188, P.L. 104-191 and
2P.L. 104-193 apply for Wisconsin purposes at the same time as for federal purposes.
SB77-SSA1,959,194
71.01
(6) (L) For taxable years that begin after December 31, 1996, for natural
5persons and fiduciaries, except fiduciaries of nuclear decommissioning trust or
6reserve funds, "internal revenue code" means the federal internal revenue code as
7amended to December 31, 1996, excluding sections 103, 104 and 110 of P.L.
102-227,
8sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66 and sections
91123 (b), 1202 (c), 1204 (f), 1311 and 1605 (d) of P.L.
104-188, and as indirectly
10affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
11101-179, P.L.
101-239, P.L.
101-280, P.L.
101-508, P.L.
102-90, P.L.
102-227,
12excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486, P.L.
13103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
14103-66, P.L.
103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7, P.L.
104-117, P.L.
15104-188, excluding sections 1123 (b), 1202 (c), 1204 (f), 1311 and 1605 (d) of P.L.
16104-188, P.L.
104-191 and P.L.
104-193. The internal revenue code applies for
17Wisconsin purposes at the same time as for federal purposes. Amendments to the
18federal internal revenue code enacted after December 31, 1996, do not apply to this
19paragraph with respect to taxable years beginning after December 31, 1996.
SB77-SSA1,960,321
71.01
(7r) Notwithstanding sub. (6), for purposes of computing amortization
22or depreciation, "internal revenue code" means either the federal internal revenue
23code as amended to December 31,
1995 1996, or the federal internal revenue code in
24effect for the taxable year for which the return is filed, except that property that,
25under s. 71.02 (2) (d) 12., 1985 stats., is required to be depreciated for taxable year
11986 under the internal revenue code as amended to December 31,
1980, shall
2continue to be depreciated under the internal revenue code as amended to
3December 31, 1980.
SB77-SSA1,960,85
71.01
(8r) "Pay", in regard to submissions to or for the department, means mail
6or deliver funds to the department or, if the department prescribes another method
7of submitting or another destination, use that other method or submit to that other
8destination.
SB77-SSA1,960,1110
71.01
(9c) "Sign" means write one's signature or, if the department prescribes
11another method of authenticating, use that other method.
SB77-SSA1,961,914
71.02
(1) For the purpose of raising revenue for the state and the counties,
15cities, villages and towns, there shall be assessed, levied, collected and paid a tax on
16all net incomes of individuals and fiduciaries, except fiduciaries of nuclear
17decommissioning trust or reserve funds subject to the tax under s. 71.23 (2), by every
18natural person residing within the state or by his or her personal representative in
19case of death, and trusts administered within the state; by every nonresident natural
20person and trust of this state, upon such income as is derived from property located
21or business transacted within the state including, but not limited by enumeration,
22income derived from a limited partner's distributive share of partnership income,
23income derived from a limited liability company member's distributive share of
24limited liability company income, the state lottery under ch. 565, any
multistate 25multijurisdictional lottery under ch. 565 if the winning lottery ticket or lottery share
1was purchased from a retailer, as defined in s. 565.01 (6), located in this state or from
2the department and pari-mutuel wager winnings or purses under ch. 562, and also
3by every nonresident natural person upon such income as is derived from the
4performance of personal services within the state, except as exempted under s. 71.05
5(1) to (3). Every natural person domiciled in the state shall be deemed to be residing
6within the state for the purposes of determining liability for income taxes and
7surtaxes.
A single-owner entity that is disregarded as a separate entity under
8section 7701 of the Internal Revenue Code is disregarded as a separate entity under
9this chapter, and its owner is subject to the tax on the entity's income.
SB77-SSA1,962,1211
71.04
(1) (a) All income or loss of resident individuals and resident estates and
12trusts shall follow the residence of the individual, estate or trust. Income or loss of
13nonresident individuals and nonresident estates and trusts from business, not
14requiring apportionment under sub. (4), (10) or (11), shall follow the situs of the
15business from which derived. All items of income, loss and deductions of nonresident
16individuals and nonresident estates and trusts derived from a tax-option
17corporation not requiring apportionment under sub. (9) shall follow the situs of the
18business of the corporation from which derived. Income or loss of nonresident
19individuals and nonresident estates and trusts derived from rentals and royalties
20from real estate or tangible personal property, or from the operation of any farm,
21mine or quarry, or from the sale of real property or tangible personal property shall
22follow the situs of the property from which derived. Income from personal services
23of nonresident individuals, including income from professions, shall follow the situs
24of the services. A nonresident limited partner's distributive share of partnership
25income shall follow the situs of the business. A nonresident limited liability company
1member's distributive share of limited liability company income shall follow the situs
2of the business. Income of nonresident individuals, estates and trusts from the state
3lottery under ch. 565 is taxable by this state. Income of nonresident individuals,
4estates and trusts from any
multistate multijurisdictional lottery under ch. 565 is
5taxable by this state, but only if the winning lottery ticket or lottery share was
6purchased from a retailer, as defined in s. 565.01 (6), located in this state or from the
7department. Income of nonresident individuals, nonresident trusts and nonresident
8estates from pari-mutuel winnings or purses under ch. 562 is taxable by this state.
9All other income or loss of nonresident individuals and nonresident estates and
10trusts, including income or loss derived from land contracts, mortgages, stocks,
11bonds and securities or from the sale of similar intangible personal property, shall
12follow the residence of such persons, except as provided in par. (b) and sub. (9).
SB77-SSA1,962,1514
71.05
(6) Modifications and transitional adjustments. (intro.) Some of the
15modifications referred to in s. 71.01 (13)
, and (14)
and (15) are:
SB77-SSA1,962,2117
71.05
(6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
18(2di), (2dj), (2dL), (2dr)
and, (2ds)
, (2dx) and (3s) and not passed through by a
19partnership, limited liability company or tax-option corporation that has added that
20amount to the partnership's, company's or tax-option corporation's income under s.
2171.21 (4) or 71.34 (1) (g).
SB77-SSA1,963,8
171.05
(6) (b) 25. All gains that are not excluded from taxation under subd. 9.,
2on business assets or on assets used in farming, including shares in a corporation or
3trust that meets the standards under s. 182.001 (1), or both, held more than one year,
4that are sold or otherwise disposed of to persons who are related to the seller or
5transferor by blood, marriage or adoption within the 3rd degree of kinship as that
6term is used in s. 852.03 (2), as computed under the Internal Revenue Code, not
7including amounts treated as ordinary income for federal income tax purposes
8because of the recapture of depreciation or any other reason.
SB77-SSA1,963,1210
71.05
(6) (b) 26. For taxable years beginning on or after January 1, 1998, an
11amount paid by a person for a long-term care insurance policy for the person and his
12or her spouse, calculated as follows:
SB77-SSA1,963,2113
a. One hundred percent of the amount paid by the person for a long-term care
14insurance policy. In this subdivision, "long-term care insurance policy" means a
15disability insurance policy or certificate advertised, marketed, offered or designed
16primarily to provide coverage for care that is provided in the insured person's home
17or in institutional and community-based settings and that is convalescent or
18custodial care or care for a chronic condition or terminal illness; the term does not
19include a medicare supplement policy or medicare replacement policy or a continuing
20care contract, as defined in s. 647.01 (2). "Long-term care insurance policy" applies
21to a policy that covers the person and his or her spouse.
SB77-SSA1,963,2422
b. From the amount calculated under subd. 26. a., subtract the amounts
23deducted from gross income for a long-term care insurance policy in the calculation
24of federal adjusted gross income.
SB77-SSA1,964,5
1c. For a person who is a nonresident or a part-year resident of this state, modify
2the amount calculated under subd. 26. b. by multiplying the amount by a fraction the
3numerator of which is the person's wages, unearned income and net earnings from
4a trade or business that are taxable by this state and the denominator of which is the
5person's total wages, unearned income and net earnings from a trade or business.
SB77-SSA1,964,86
d. Reduce the amount calculated under subd. 26. b. or c. to the person's
7aggregate wages, unearned income and net earnings from a trade or business that
8are taxable by this state.
SB77-SSA1,964,2210
71.06
(2s) Nonresidents and part-year residents. For taxable years
11beginning after December 31, 1996, with respect to nonresident individuals,
12including individuals changing their domicile into or from this state, the tax brackets
13under subs. (1) and (2) shall be multiplied by a fraction, the numerator of which is
14Wisconsin adjusted gross income and the denominator of which is federal adjusted
15gross income. In this subsection, for married persons filing separately "adjusted
16gross income" means the separate adjusted gross income of each spouse, and for
17married persons filing jointly "adjusted gross income" means the total adjusted gross
18income of both spouses. If an individual and that individual's spouse are not both
19domiciled in this state during the entire taxable year, the tax brackets under subs.
20(1) and (2) on a joint return shall be multiplied by a fraction, the numerator of which
21is their joint Wisconsin adjusted gross income and the denominator of which is their
22joint federal adjusted gross income.
SB77-SSA1,965,224
71.07
(2dd) (e) No credit may be claimed under this subsection for taxable
25years that begin on January 1, 1998, or thereafter. Credits under this subsection for
1taxable years that begin before January 1, 1998, may be carried forward to taxable
2years that begin on January 1, 1998, or thereafter.
SB77-SSA1,965,74
71.07
(2de) (d) No credit may be claimed under this subsection for taxable
5years that begin on January 1, 1998, or thereafter. Credits under this subsection for
6taxable years that begin before January 1, 1998, may be carried forward to taxable
7years that begin on January 1, 1998, or thereafter.
SB77-SSA1,965,129
71.07
(2di) (i) No credit may be claimed under this subsection for taxable years
10that begin on January 1, 1998, or thereafter. Credits under this subsection for
11taxable years that begin before January 1, 1998, may be carried forward to taxable
12years that begin on January 1, 1998, or thereafter.
SB77-SSA1,965,1714
71.07
(2dj) (i) No credit may be claimed under this subsection for taxable years
15that begin on January 1, 1998, or thereafter. Credits under this subsection for
16taxable years that begin before January 1, 1998, may be carried forward to taxable
17years that begin on January 1, 1998, or thereafter.
SB77-SSA1,965,2219
71.07
(2dL) (h) No credit may be claimed under this subsection for taxable
20years that begin on January 1, 1998, or thereafter. Credits under this subsection for
21taxable years that begin before January 1, 1998, may be carried forward to taxable
22years that begin on January 1, 1998, or thereafter.
SB77-SSA1,966,2124
71.07
(2dr) (a)
Credit. Any person may credit against taxes otherwise due
25under this chapter an amount equal to 5% of the amount obtained by subtracting
1from the person's qualified research expenses, as defined in section
41 of the internal
2revenue code, except that "qualified research expenses" include only expenses
3incurred by the claimant in a development zone under subch. VI of ch. 560
, except
4that a taxpayer may elect the alternative computation under section 41 (c) (4) of the
5Internal Revenue Code and that election applies until the department permits its
6revocation and except that "qualified research expenses" do not include
7compensation used in computing the credit under sub. (2dj) nor research expenses
8incurred before the claimant is certified for tax benefits under s. 560.765 (3), the
9person's base amount, as defined in section
41 (c) of the internal revenue code, in a
10development zone, except that gross receipts used in calculating the base amount
11means gross receipts from sales attributable to Wisconsin under s. 71.04 (7) (b) 1. and
122. and (d) and research expenses used in calculating the base amount include
13research expenses incurred before the claimant is certified for tax benefits under s.
14560.765 (3), in a development zone, if the claimant submits with the claimant's
15return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and
16a statement from the department of commerce verifying the claimant's qualified
17research expenses for research conducted exclusively in a development zone. The
18rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under
19sub. (2di) (f) and (g), as they apply to the credit under that subsection, apply to claims
20under this paragraph. Section
41 (h) of the internal revenue code does not apply to
21the credit under this paragraph.
SB77-SSA1,967,223
71.07
(2dr) (i)
Sunset. No credit may be claimed under this subsection for
24taxable years that begin on January 1, 1998, or thereafter. Credits under this
1subsection for taxable years that begin before January 1, 1998, may be carried
2forward to taxable years that begin on January 1, 1998, or thereafter.
SB77-SSA1,967,74
71.07
(2ds) (i) No credit may be claimed under this subsection for taxable years
5that begin on January 1, 1998, or thereafter. Credits under this subsection for
6taxable years that begin before January 1, 1998, may be carried forward to taxable
7years that begin on January 1, 1998, or thereafter.