AB100: Bill Text

AB100, s. 2238 Section 2238 . 70.375 (6) of the statutes is amended to read:

AB100,985,6 70.375 (6) Indexing. For calendar year 1983 and corresponding fiscal years and thereafter, the The dollar amounts in sub. (5) and s. 70.395 (1), (1m) and (2) (d) 1m. and 5. a. and (2) (dg) shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. The revised amounts shall be rounded to the nearest whole number divisible by 100 and shall not be reduced below the amounts under sub. (5) on November 28, 1981. Annually, the department shall adopt any changes in dollar amounts required under this subsection and incorporate them into the appropriate tax forms.

AB100, s. 2239 Section 2239. 70.395 (1) (intro.) of the statutes is renumbered 70.395 (1e) and amended to read:

AB100,985,13 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss. 70.38 to 70.39, the department of administration, upon certification of the department of revenue, shall transfer the amount collected as follows: in respect to mines not in operation on November 28, 1981, to the investment and local impact fund.

AB100, s. 2240 Section 2240. 70.395 (1) (a) 1. of the statutes is repealed.

AB100, s. 2241 Section 2241. 70.395 (1) (a) 2. of the statutes is renumbered 70.395 (1) and amended to read:

AB100,985,20 70.395 (1) (title) Definition. In this paragraph, except as provided in subd. 3. section, "first-dollar payment" means an amount equal to $100,000 for each county, Native American community or municipality eligible to receive a payment under sub. (2) (d) 1., 2. or 2m adjusted as provided in s. 70.375 (6).

AB100, s. 2242 Section 2242. 70.395 (1) (a) 3. of the statutes is repealed.

AB100, s. 2243 Section 2243. 70.395 (1) (b) of the statutes is repealed.

AB100, s. 2244 Section 2244. 70.395 (1) (c) of the statutes is repealed.

AB100, s. 2245 Section 2245. 70.395 (1g) of the statutes is repealed.

AB100, s. 2246 Section 2246. 70.395 (1m) of the statutes is repealed.

AB100, s. 2247 Section 2247. 70.395 (2) (d) 1. of the statutes is amended to read:

AB100,986,3 70.395 (2) (d) 1. To each county in which metalliferous minerals are extracted, the first-dollar payment under sub. (1) (a).

AB100, s. 2248 Section 2248. 70.395 (2) (d) 2. of the statutes is amended to read:

AB100,986,13 70.395 (2) (d) 2. To each city, town or village in which metalliferous minerals are extracted, the first-dollar payment under sub. (1) (a) minus any payment during that year under par. (d) (intro.) or subd. 5. If the minable ore body is located in 2 contiguous municipalities and if at least 15% of the minable ore body is in each municipality, each qualifying municipality shall receive a full payment specified in this subdivision as if the ore body were located solely within that municipality. The department of revenue shall annually change the dollar amount specified in this subdivision as specified in s. 70.375 (6) except that the dollar amount may not be reduced below the dollar amount under this subdivision on November 28, 1981.

AB100, s. 2249 Section 2249. 70.395 (2) (d) 4. a. of the statutes is amended to read:

AB100,986,17 70.395 (2) (d) 4. a. To ensure an annual payment to each municipality under sub. (1) (a) subds. 1. and 2. in an amount equal to the average payment for the 3 previous years to that municipality.

AB100, s. 2250 Section 2250. 70.395 (2) (dg) of the statutes is amended to read:

AB100,987,3 70.395 (2) (dg) Each person constructing a metalliferous mining site shall pay to the department of revenue for deposit in the investment and local impact fund, as a construction fee, an amount sufficient to make the construction period payments under par. (d) 5. in respect to that site. Any person paying a construction fee under this paragraph may credit against taxes due under s. 70.375 an amount equal to the payments that the taxpayer has made under this paragraph, provided that the credit does not reduce the taxpayer's liability under s. 70.375 below the amount needed to make the first-dollar payments as defined under sub. (1) (a) 2. under subds. 1., 2. and 2m. for that year in respect to the taxpayer's mine. Any amount not creditable because of that limitation in any year may be carried forward.

AB100, s. 2251 Section 2251. 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB100,987,7 70.395 (2) (g) (intro.) The board may distribute the revenues received under subs. (1) (a) and (1g) (b) sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes, as the board determines necessary:

AB100, s. 2252 Section 2252. 70.995 (2) (wm) of the statutes is created to read:

AB100,987,10 70.995 (2) (wm) 781 - motion picture production and allied services and videotape production.

AB100, s. 2253 Section 2253. 71.01 (1m) of the statutes is created to read:

AB100,987,12 71.01 (1m) "Department" means the department of revenue.

AB100, s. 2254 Section 2254. 71.01 (5g) of the statutes is created to read:

AB100,987,17 71.01 (5g) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100, s. 2255 Section 2255. 71.01 (8r) of the statutes is created to read:

AB100,987,22 71.01 (8r) "Pay", in regard to submissions to or for the department, means mail or deliver funds to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100, s. 2256 Section 2256. 71.01 (9c) of the statutes is created to read:

AB100,987,25 71.01 (9c) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100, s. 2257 Section 2257. 71.02 (1) of the statutes is amended to read:

AB100,988,20 71.02 (1) For the purpose of raising revenue for the state and the counties, cities, villages and towns, there shall be assessed, levied, collected and paid a tax on all net incomes of individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds subject to the tax under s. 71.23 (2), by every natural person residing within the state or by his or her personal representative in case of death, and trusts administered within the state; by every nonresident natural person and trust of this state, upon such income as is derived from property located or business transacted within the state including, but not limited by enumeration, income derived from a limited partner's distributive share of partnership income, income derived from a limited liability company member's distributive share of limited liability company income, the state lottery under ch. 565, any multistate multijurisdictional lottery under ch. 565 if the winning lottery ticket or lottery share was purchased from a retailer, as defined in s. 565.01 (6), located in this state or from the department and pari-mutuel wager winnings or purses under ch. 562, and also by every nonresident natural person upon such income as is derived from the performance of personal services within the state, except as exempted under s. 71.05 (1) to (3). Every natural person domiciled in the state shall be deemed to be residing within the state for the purposes of determining liability for income taxes and surtaxes.

AB100, s. 2258 Section 2258. 71.04 (1) (a) of the statutes is amended to read:

AB100,989,23 71.04 (1) (a) All income or loss of resident individuals and resident estates and trusts shall follow the residence of the individual, estate or trust. Income or loss of nonresident individuals and nonresident estates and trusts from business, not requiring apportionment under sub. (4), (10) or (11), shall follow the situs of the business from which derived. All items of income, loss and deductions of nonresident individuals and nonresident estates and trusts derived from a tax-option corporation not requiring apportionment under sub. (9) shall follow the situs of the business of the corporation from which derived. Income or loss of nonresident individuals and nonresident estates and trusts derived from rentals and royalties from real estate or tangible personal property, or from the operation of any farm, mine or quarry, or from the sale of real property or tangible personal property shall follow the situs of the property from which derived. Income from personal services of nonresident individuals, including income from professions, shall follow the situs of the services. A nonresident limited partner's distributive share of partnership income shall follow the situs of the business. A nonresident limited liability company member's distributive share of limited liability company income shall follow the situs of the business. Income of nonresident individuals, estates and trusts from the state lottery under ch. 565 is taxable by this state. Income of nonresident individuals, estates and trusts from any multistate multijurisdictional lottery under ch. 565 is taxable by this state, but only if the winning lottery ticket or lottery share was purchased from a retailer, as defined in s. 565.01 (6), located in this state or from the department. Income of nonresident individuals, nonresident trusts and nonresident estates from pari-mutuel winnings or purses under ch. 562 is taxable by this state. All other income or loss of nonresident individuals and nonresident estates and trusts, including income or loss derived from land contracts, mortgages, stocks, bonds and securities or from the sale of similar intangible personal property, shall follow the residence of such persons, except as provided in par. (b) and sub. (9).

AB100, s. 2259 Section 2259. 71.05 (1) (c) 2. of the statutes is amended to read:

AB100,990,3 71.05 (1) (c) 2. The Wisconsin housing Housing and economic development authority Economic Development Authority, if the bonds are to fund a loan under s. 234.935, 1995 stats.

AB100, s. 2260 Section 2260. 71.05 (1) (c) 5. of the statutes is created to read:

AB100,990,5 71.05 (1) (c) 5. A municipality under s. 66.30 (3q) (c).

AB100, s. 2261 Section 2261. 71.05 (6) (a) 15. of the statutes is amended to read:

AB100,990,11 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr) and, (2ds) and (2dx) 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 (1) (g).

AB100, s. 2262 Section 2262. 71.07 (2dx) of the statutes is created to read:

AB100,990,13 71.07 (2dx) Development zones credit. (a) Definitions. In this subsection:

AB100,990,15 1. "Brownfield" means an industrial or commercial facility the expansion or redevelopment of which is complicated by environmental contamination.

AB100,990,18 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797.

AB100,990,23 3. "Environmental remediation" means removal or containment of environmental pollution, as defined in s. 299.01 (4), and restoration of soil or groundwater that is affected by environmental pollution, as defined in s. 299.01 (4), in a brownfield if that removal, containment or restoration fulfills the requirement under sub. (2de) (a) 1.

AB100,991,4 4. "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and receives benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.

AB100,991,9 5. "Member of a targeted group" means a person under sub. (2dj) (am) 1., a person who resides in an empowerment zone, or an enterprise community, that the U.S. government designates and a Wisconsin works participant if the person or participant has been certified in the manner under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.

AB100,991,12 (b) Credit. Except as provided in s. 73.03 (35) and subject to s. 560.785, for any taxable year for which the person is certified under s. 560.765 (3), any person may claim as a credit against taxes the following amounts:

AB100,991,14 1. The amount expended for environmental remediation in a development zone.

AB100,991,17 2. The amount determined by multiplying the amount determined under s. 560.785 (1) (b) by the number of full-time jobs created in a development zone and filled by a member of a targeted group.

AB100,991,20 3. The amount determined by multiplying the amount determined under s. 560.785 (1) (c) by the number of full-time jobs created in a development zone and not filled by a member of a targeted group.

AB100,991,23 4. The amount determined by multiplying the amount determined under s. 560.785 (1) (b) by the number of full-time jobs retained, as provided in the rules under s. 560.785, in a development zone and filled by a member of a targeted group.

AB100,992,2 5. The amount determined by multiplying the amount determined under s. 560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules under s. 560.785, in a development zone and not filled by a member of a targeted group.

AB100,992,8 (c) Credit precluded. If the certification of a person for tax benefits under s. 560.765 (3) is revoked, that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked or succeeding taxable years.

AB100,992,13 (d) Carry-over precluded. If a person who is certified under s. 560.765 (3) for 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.

AB100,992,16 (e) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection. Subsection (2dj) (c), as it applies to the credit under sub. (2dj), applies to the credit under this subsection.

AB100, s. 2263 Section 2263. 71.08 (1) (intro.) of the statutes is amended to read:

AB100,992,25 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), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (6) and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd) and (2m) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd) and (2m) and subchs. VIII and IX 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:

AB100, s. 2264 Section 2264. 71.09 (6) of the statutes is repealed.

AB100, s. 2265 Section 2265. 71.10 (4) (gu) of the statutes is created to read:

AB100,993,3 71.10 (4) (gu) Development zones credit under s. 71.07 (2dx).

AB100, s. 2266 Section 2266. 71.10 (5) (a) 2. of the statutes is amended to read:

AB100,993,13 71.10 (5) (a) 2. "Endangered resources program" means purchasing or improving land or habitats for any native Wisconsin endangered or threatened species as defined in s. 29.415 (2) (a) or (b) or for any nongame species as defined in s. 29.01 (10), conducting the natural heritage inventory program under s. 23.27 (3), conducting wildlife and resource research and surveys and providing wildlife management services, providing for wildlife damage control or the payment of claims for damage associated with endangered or threatened species, repaying the general fund for amounts expended under s. 20.370 (1) (fb) in fiscal year 1983-84 and the payment of administrative expenses related to the administration of this subsection.

AB100, s. 2267 Section 2267. 71.21 (4) of the statutes is amended to read:

AB100,993,17 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL) and, (2ds) and (2dx) and passed through to partners or members shall be added to the partnership's or limited liability company's income.

AB100, s. 2268 Section 2268. 71.22 (1m) of the statutes is created to read:

AB100,993,19 71.22 (1m) "Department" means the department of revenue.

AB100, s. 2269 Section 2269. 71.22 (2m) of the statutes is created to read:

AB100,993,24 71.22 (2m) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100, s. 2270 Section 2270. 71.22 (8) of the statutes is repealed and recreated to read:

AB100,994,2 71.22 (8) "Pay", in regard to submissions to persons other than the department, has the meaning appropriate to the taxpayer's method of accounting.

AB100, s. 2271 Section 2271. 71.22 (9m) of the statutes is created to read:

AB100,994,5 71.22 (9m) "Subscribe" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100, s. 2272 Section 2272. 71.24 (8) of the statutes is repealed.

AB100, s. 2273 Section 2273. 71.26 (1m) (h) of the statutes is created to read:

AB100,994,9 71.26 (1m) (h) Those issued under s. 66.066 by a municipality under s. 66.30 (3q) (c).

AB100, s. 2274 Section 2274. 71.26 (2) (a) of the statutes is amended to read:

AB100,994,25 71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the internal revenue code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1) and (3) to (5) plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL) and, (1ds) and (1dx) 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 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the internal revenue code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

AB100, s. 2275 Section 2275. 71.26 (3) (n) of the statutes is amended to read:

AB100,995,5 71.26 (3) (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), (1dx) and (3) to (5) instead of to federal credits and federal net operating losses.

AB100, s. 2276 Section 2276. 71.28 (1dx) of the statutes is created to read:

AB100,995,7 71.28 (1dx) Development zones credit. (a) Definitions. In this subsection:

AB100,995,9 1. "Brownfield" means an industrial or commercial facility the expansion or redevelopment of which is complicated by environmental contamination.

AB100,995,12 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797.

AB100,995,17 3. "Environmental remediation" means removal or containment of environmental pollution, as defined in s. 299.01 (4), and restoration of soil or groundwater that is affected by environmental pollution, as defined in s. 299.01 (4), in a brownfield if that removal, containment or restoration fulfills the requirement under sub. (1de) (a) 1.

AB100,995,23 4. "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and receives benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.

AB100,996,3 5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a person who resides in an empowerment zone, or an enterprise community, that the U.S. government designates and a Wisconsin works participant if the person or participant has been certified in the manner under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.