AB100,993,33
71.10
(4) (gu) Development zones credit under s. 71.07 (2dx).
AB100, s. 2266
4Section
2266. 71.10 (5) (a) 2. of the statutes is amended to read:
AB100,993,135
71.10
(5) (a) 2. "Endangered resources program" means purchasing or
6improving land or habitats for any native Wisconsin endangered or threatened
7species as defined in s. 29.415 (2) (a) or (b) or for any nongame species as defined in
8s. 29.01 (10),
conducting the natural heritage inventory program under s. 23.27 (3), 9conducting wildlife and resource research and surveys and providing wildlife
10management services, providing for wildlife damage control or the payment of claims
11for damage associated with endangered or threatened species, repaying the general
12fund for amounts expended under s. 20.370 (1) (fb) in fiscal year 1983-84 and the
13payment of administrative expenses related to the administration of this subsection.
AB100, s. 2267
14Section
2267. 71.21 (4) of the statutes is amended to read:
AB100,993,1715
71.21
(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
16(2dj), (2dL)
and, (2ds)
and (2dx) and passed through to partners or members shall be
17added to the partnership's or limited liability company's income.
AB100, s. 2268
18Section
2268. 71.22 (1m) of the statutes is created to read:
AB100,993,1919
71.22
(1m) "Department" means the department of revenue.
AB100, s. 2269
20Section
2269. 71.22 (2m) of the statutes is created to read:
AB100,993,2421
71.22
(2m) "File" means mail or deliver a document that the department
22prescribes to the department or, if the department prescribes another method of
23submitting or another destination, use that other method or submit to that other
24destination.
AB100, s. 2270
25Section
2270. 71.22 (8) of the statutes is repealed and recreated to read:
AB100,994,2
171.22
(8) "Pay", in regard to submissions to persons other than the department,
2has the meaning appropriate to the taxpayer's method of accounting.
AB100, s. 2271
3Section
2271. 71.22 (9m) of the statutes is created to read:
AB100,994,54
71.22
(9m) "Subscribe" means write one's signature or, if the department
5prescribes another method of authenticating, use that other method.
AB100, s. 2273
7Section
2273. 71.26 (1m) (h) of the statutes is created to read:
AB100,994,98
71.26
(1m) (h) Those issued under s. 66.066 by a municipality under s. 66.30
9(3q) (c).
AB100, s. 2274
10Section
2274. 71.26 (2) (a) of the statutes is amended to read:
AB100,994,2511
71.26
(2) (a)
Corporations in general. The "net income" of a corporation means
12the gross income as computed under the internal revenue code as modified under
13sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit
14computed under s. 71.28 (1) and (3) to (5) plus the amount of the credit computed
15under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL)
and, (1ds)
and (1dx) and not passed
16through by a partnership, limited liability company or tax-option corporation that
17has added that amount to the partnership's, limited liability company's or tax-option
18corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from
19the sale or other disposition of assets the gain from which would be wholly exempt
20income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at
21a gain and minus deductions, as computed under the internal revenue code as
22modified under sub. (3), plus or minus, as appropriate, an amount equal to the
23difference between the federal basis and Wisconsin basis of any asset sold,
24exchanged, abandoned or otherwise disposed of in a taxable transaction during the
25taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).
AB100, s. 2275
1Section
2275. 71.26 (3) (n) of the statutes is amended to read:
AB100,995,52
71.26
(3) (n) Sections 381, 382 and 383 (relating to carry-overs in certain
3corporate acquisitions) are modified so that they apply to losses under sub. (4) and
4credits under s. 71.28 (1di), (1dL)
, (1dx) and (3) to (5) instead of to federal credits and
5federal net operating losses.
AB100, s. 2276
6Section
2276. 71.28 (1dx) of the statutes is created to read:
AB100,995,77
71.28
(1dx) Development zones credit. (a)
Definitions. In this subsection:
AB100,995,98
1. "Brownfield" means an industrial or commercial facility the expansion or
9redevelopment of which is complicated by environmental contamination.
AB100,995,1210
2. "Development zone" means a development zone under s. 560.70, a
11development opportunity zone under s. 560.795 or an enterprise development zone
12under s. 560.797.
AB100,995,1713
3. "Environmental remediation" means removal or containment of
14environmental pollution, as defined in s. 299.01 (4), and restoration of soil or
15groundwater that is affected by environmental pollution, as defined in s. 299.01 (4),
16in a brownfield if that removal, containment or restoration fulfills the requirement
17under sub. (1de) (a) 1.
AB100,995,2318
4. "Full-time job" means a regular, nonseasonal full-time position in which an
19individual, as a condition of employment, is required to work at least 2,080 hours per
20year, including paid leave and holidays, and for which the individual receives pay
21that is equal to at least 150% of the federal minimum wage and receives benefits that
22are not required by federal or state law. "Full-time job" does not include initial
23training before an employment position begins.
AB100,996,324
5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a
25person who resides in an empowerment zone, or an enterprise community, that the
1U.S. government designates and a Wisconsin works participant if the person or
2participant has been certified in the manner under sub. (1dj) (am) 3. by a designated
3local agency, as defined in sub. (1dj) (am) 2.
AB100,996,64
(b)
Credit. Except as provided in s. 73.03 (35) and subject to s. 560.785, for any
5taxable year for which the person is certified under s. 560.765 (3), any person may
6claim as a credit against taxes under this subchapter the following amounts:
AB100,996,87
1. The amount expended for environmental remediation in a development
8zone.
AB100,996,119
2. The amount determined by multiplying the amount determined under s.
10560.785 (1) (b) by the number of full-time jobs created in a development zone and
11filled by a member of a targeted group.
AB100,996,1412
3. The amount determined by multiplying the amount determined under s.
13560.785 (1) (c) by the number of full-time jobs created in a development zone and not
14filled by a member of a targeted group.
AB100,996,1715
4. The amount determined by multiplying the amount determined under s.
16560.785 (1) (b) by the number of full-time jobs retained, as provided in the rules
17under s. 560.785, in a development zone and filled by a member of a targeted group.
AB100,996,2118
5. The amount determined by multiplying the amount determined under s.
19560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules
20under s. 560.785, in a development zone and not filled by a member of a targeted
21group.
AB100,997,222
(c)
Credit precluded. If the certification of a person for tax benefits under s.
23560.765 (3) is revoked, that person may not claim credits under this subsection for
24the taxable year that includes the day on which the certification is revoked or
25succeeding taxable years and that person may not carry over unused credits from
1previous years to offset tax under this chapter for the taxable year that includes the
2day on which certification is revoked or succeeding taxable years.
AB100,997,73
(d)
Carry-over precluded. If a person who is certified under s. 560.765 (3) for
4tax benefits ceases business operations in the development zone during any of the
5taxable years that that zone exists, that person may not carry over to any taxable
6year following the year during which operations cease any unused credits from the
7taxable year during which operations cease or from previous taxable years.
AB100,997,108
(e)
Administration. Subsection (4) (e) to (h), as it applies to the credit under
9sub. (4), applies to the credit under this subsection. Subsection (1dj) (c), as it applies
10to the credit under sub. (1dj), applies to the credit under this subsection.
AB100, s. 2277
11Section
2277. 71.28 (4) (a) of the statutes is amended to read:
AB100,997,2212
71.28
(4) (a)
Credit. Any corporation may credit against taxes otherwise due
13under this chapter an amount equal to 5% of the amount obtained by subtracting
14from the corporation's qualified research expenses, as defined in section
41 of the
15internal revenue code, except that "qualified research expenses" includes only
16expenses incurred by the claimant, incurred for research conducted in this state for
17the taxable year and except that "qualified research expenses" does not include
18compensation used in computing the credit under
sub.
subs. (1dj)
and (1dx), the
19corporation's base amount, as defined in section
41 (c) of the internal revenue code,
20except that gross receipts used in calculating the base amount means gross receipts
21from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d). Section
2241 (h) of the internal revenue code does not apply to the credit under this paragraph.
AB100, s. 2278
23Section
2278. 71.29 (2) of the statutes is amended to read:
AB100,998,424
71.29
(2) Who shall pay. Every corporation subject to tax under s. 71.23 (1) or
25(2) and every virtually exempt entity subject to tax under s. 71.125 or 71.23 (1) or (2)
1shall pay an estimated tax
to the department of revenue at its offices in Madison
2unless the department, by rule, prescribes another place of payment
. If the amount
3of any payment is $20,000 or more, the department may require the corporation to
4make the payment electronically.
AB100, s. 2279
5Section
2279. 71.30 (3) (eom) of the statutes is created to read:
AB100,998,66
71.30
(3) (eom) Development zones credit under s. 71.28 (1dx).
AB100, s. 2280
7Section
2280. 71.34 (1) (g) of the statutes is amended to read:
AB100,998,108
71.34
(1) (g) An addition shall be made for credits computed by a tax-option
9corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL)
and, (1ds)
and (1dx) and
10passed through to shareholders.
AB100, s. 2281
11Section
2281. 71.42 (1m) of the statutes is created to read:
AB100,998,1212
71.42
(1m) "Department" means the department of revenue.
AB100, s. 2282
13Section
2282. 71.42 (3m) of the statutes is created to read:
AB100,998,1614
71.42
(3m) "Pay" means mail or deliver funds to the department or, if the
15department prescribes another method of payment or another destination, use that
16other method or submit to that other destination.
AB100, s. 2283
17Section
2283. 71.44 (4) (a) of the statutes is repealed.
AB100, s. 2284
18Section
2284. 71.45 (1t) (h) of the statutes is created to read:
AB100,998,2019
71.45
(1t) (h) Those issued under s. 66.066 by a municipality under s. 66.30 (3q)
20(c).
AB100, s. 2285
21Section
2285. 71.45 (2) (a) 10. of the statutes is amended to read:
AB100,999,222
71.45
(2) (a) 10. By adding to federal taxable income the amount of credit
23computed under s. 71.47 (1dd) to
(1ds) (1dx) and not passed through by a partnership,
24limited liability company or tax-option corporation that has added that amount to
25the partnership's, limited liability company's or tax-option corporation's income
1under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47
2(1), (3), (4) and (5).
AB100, s. 2286
3Section
2286. 71.47 (1dx) of the statutes is created to read:
AB100,999,44
71.47
(1dx) Development zones credit. (a)
Definitions. In this subsection:
AB100,999,65
1. "Brownfield" means an industrial or commercial facility the expansion or
6redevelopment of which is complicated by environmental contamination.
AB100,999,97
2. "Development zone" means a development zone under s. 560.70, a
8development opportunity zone under s. 560.795 or an enterprise development zone
9under s. 560.797.
AB100,999,1410
3. "Environmental remediation" means removal or containment of
11environmental pollution, as defined in s. 299.01 (4), and restoration of soil or
12groundwater that is affected by environmental pollution, as defined in s. 299.01 (4),
13in a brownfield if that removal, containment or restoration fulfills the requirement
14under sub. (1de) (a) 1.
AB100,999,2015
4. "Full-time job" means a regular, nonseasonal full-time position in which an
16individual, as a condition of employment, is required to work at least 2,080 hours per
17year, including paid leave and holidays, and for which the individual receives pay
18that is equal to at least 150% of the federal minimum wage and receives benefits that
19are not required by federal or state law. "Full-time job" does not include initial
20training before an employment position begins.
AB100,999,2521
5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a
22person who resides in an empowerment zone, or an enterprise community, that the
23U.S. government designates and a Wisconsin works participant if the person or
24participant has been certified in the manner under sub. (1dj) (am) 3. by a designated
25local agency, as defined in sub. (1dj) (am) 2.
AB100,1000,3
1(b)
Credit. Except or provided in s. 73.03 (35) and subject to s. 560.785, for any
2taxable year for which the person is certified under s. 560.765 (3), any person may
3claim as a credit against taxes under this subchapter the following amounts:
AB100,1000,54
1. The amount expended for environmental remediation in a development
5zone.
AB100,1000,86
2. The amount determined by multiplying the amount determined under s.
7560.785 (1) (b) by the number of full-time jobs created in a development zone and
8filled by a member of a targeted group.
AB100,1000,119
3. The amount determined by multiplying the amount determined under s.
10560.785 (1) (c) by the number of full-time jobs created in a development zone and not
11filled by a member of a targeted group.
AB100,1000,1412
4. The amount determined by multiplying the amount determined under s.
13560.785 (1) (b) by the number of full-time jobs retained, as provided in the rules
14under s. 560.785, in a development zone and filled by a member of a targeted group.
AB100,1000,1815
5. The amount determined by multiplying the amount determined under s.
16560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules
17under s. 560.785, in a development zone and not filled by a member of a targeted
18group.
AB100,1000,2419
(c)
Credit precluded. If the certification of a person for tax benefits under s.
20560.765 (3) is revoked, that person may not claim credits under this subsection for
21the taxable year that includes the day on which the certification is revoked or
22succeeding taxable years and that person may not carry over unused credits from
23previous years to offset tax under this chapter for the taxable year that includes the
24day on which certification is revoked or succeeding taxable years.
AB100,1001,5
1(d)
Carry-over precluded. If a person who is certified under s. 560.765 (3) for
2tax benefits ceases business operations in the development zone during any of the
3taxable years that that zone exists, that person may not carry over to any taxable
4year following the year during which operations cease any unused credits from the
5taxable year during which operations cease or from previous taxable years.
AB100,1001,86
(e)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
7s. 71.28 (4), applies to the credit under this subsection. Subsection (1dj) (c), as it
8applies to the credit under sub. (1dj), applies to the credit under this subsection.
AB100, s. 2287
9Section
2287. 71.47 (4) (a) of the statutes is amended to read:
AB100,1001,2010
71.47
(4) (a)
Credit. Any corporation may credit against taxes otherwise due
11under this chapter an amount equal to 5% of the amount obtained by subtracting
12from the corporation's qualified research expenses, as defined in section
41 of the
13internal revenue code, except that "qualified research expenses" includes only
14expenses incurred by the claimant, incurred for research conducted in this state for
15the taxable year and except that "qualified research expenses" does not include
16compensation used in computing the credit under
sub.
subs. (1dj)
and (1dx), the
17corporation's base amount, as defined in section
41 (c) of the internal revenue code,
18except that gross receipts used in calculating the base amount means gross receipts
19from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d). Section
2041 (h) of the internal revenue code does not apply to the credit under this paragraph.
AB100, s. 2288
21Section
2288. 71.49 (1) (eom) of the statutes is created to read:
AB100,1001,2222
71.49
(1) (eom) Development zones credit under s. 71.47 (1dx).
AB100, s. 2289
23Section
2289. 71.52 (6) of the statutes is amended to read:
AB100,1003,1024
71.52
(6) "Income" means the sum of Wisconsin adjusted gross income and the
25following amounts, to the extent not included in Wisconsin adjusted gross income:
1maintenance payments (except foster care maintenance and supplementary
2payments excludable under section
131 of the internal revenue code), support money,
3cash public assistance (not including credit granted under this subchapter and
4amounts under s. 46.27), cash benefits paid by counties under s. 59.53 (21), the gross
5amount of any pension or annuity (including railroad retirement benefits, all
6payments received under the federal social security act and veterans disability
7pensions), nontaxable interest received from the federal government or any of its
8instrumentalities, nontaxable interest received on state or municipal bonds,
9worker's compensation, unemployment compensation, the gross amount of "loss of
10time" insurance, compensation and other cash benefits received from the United
11States for past or present service in the armed forces, scholarship and fellowship gifts
12or income
other than a qualified scholarship or qualified tuition reduction that is
13includable in the calculation of federal adjusted gross income under section 117 of the
14internal revenue code, capital gains, gain on the sale of a personal residence excluded
15under section
121 of the internal revenue code, dividends, income of a nonresident
16or part-year resident who is married to a full-year resident, housing allowances
17provided to members of the clergy, the amount by which a resident manager's rent
18is reduced, nontaxable income of an American Indian, nontaxable income from
19sources outside this state and nontaxable deferred compensation. Intangible drilling
20costs, depletion allowances and depreciation, including first-year depreciation
21allowances under section
179 of the internal revenue code, amortization,
22contributions to individual retirement accounts under section
219 of the internal
23revenue code, contributions to Keogh plans, net operating loss carry-forwards and
24capital loss carry-forwards deducted in determining Wisconsin adjusted gross
25income shall be added to "income". "Income" does not include gifts from natural
1persons, cash reimbursement payments made under title XX of the federal social
2security act, surplus food or other relief in kind supplied by a governmental agency,
3the gain on the sale of a personal residence deferred under section
1034 of the
4internal revenue code or nonrecognized gain from involuntary conversions under
5section
1033 of the internal revenue code. Amounts not included in adjusted gross
6income but added to "income" under this subsection in a previous year and repaid
7may be subtracted from income for the year during which they are repaid. A marital
8property agreement or unilateral statement under ch. 766 has no effect in computing
9"income" for a person whose homestead is not the same as the homestead of that
10person's spouse.
AB100, s. 2290
11Section
2290. 71.63 (1m) of the statutes is created to read:
AB100,1003,1512
71.63
(1m) "Deposit" means mail or deliver funds to the department or, if the
13department prescribes another method of submitting or if the department of
14administration designates under s. 34.05 another destination, use that other method
15or submit to that other destination.
AB100, s. 2291
16Section
2291. 71.63 (2) of the statutes is amended to read:
AB100,1003,2517
71.63
(2) "Employe" means a resident individual who performs or performed
18services for an employer anywhere or a nonresident individual who performs or
19performed such services within this state, and includes an officer, employe or elected
20official of the United States, a state, territory, or any political subdivision thereof, or
21the District of Columbia, or any agency or instrumentality of any one or more of these
22entities. The term includes an officer of a corporation, an entertainer and an
23entertainment corporation
, but does not include a qualified real estate agent or a
24direct seller who is not treated as an employe under section 3508 of the Internal
25Revenue Code.
AB100, s. 2292
1Section
2292. 71.63 (3m) of the statutes is created to read:
AB100,1004,52
71.63
(3m) "File" means mail or deliver a document that the department
3prescribes to the department or, if the department prescribes another method of
4submitting or the department of administration designates under s. 34.05 another
5destination, use that other method or submit to that other destination.
AB100, s. 2293
6Section
2293. 71.63 (3r) of the statutes is created to read:
AB100,1004,107
71.63
(3r) "Furnish" means mail or deliver a document that the department
8prescribes to the department or, if the department prescribes another method of
9submitting or another destination, use that other method or submit to that other
10destination.
AB100, s. 2294
11Section
2294. 71.63 (5m) of the statutes is created to read:
AB100,1004,1512
71.63
(5m) "Remit" means mail or deliver funds to the department or, if the
13department prescribes another method of submitting or if the department of
14administration designates under s. 34.05 another destination, use that other method
15or submit to that other destination.
AB100, s. 2295
16Section
2295. 71.65 (2) (title) and (a) of the statutes are amended to read:
AB100,1004,2217
71.65
(2) (title)
Employers must furnish statement to the department
18Employers' statements. (a) Every person required to deduct and withhold from an
19employe under this subchapter shall furnish
to the department of revenue at its
20offices in Madison, in respect to remuneration paid by such person to such employe
21during the calendar year, on or before January 31 of the succeeding year, one copy
22of the statement under sub. (1).
AB100, s. 2296
23Section
2296. 71.65 (2) (b) of the statutes is amended to read:
AB100,1005,1124
71.65
(2) (b) Every resident of this state and every nonresident carrying on
25activities within this state, whether taxable or not under this chapter, who pays in
1any calendar year for services performed within this state by an individual
2remuneration which is excluded from the definition of wages, in the amount of $600
3or more, shall, on or before January 31 of the succeeding year, furnish
the
4department of revenue at its offices in Madison a statement in such form as required
5by the department, disclosing the name of the payor, the name and address of the
6recipient and the total amount paid in such year to such recipient. In any case in
7which an individual receives wages and also remuneration for services which
8remuneration is excluded from such definition, both from the same payor, the wages
9and the excluded remuneration shall both be reported in the report required under
10this subsection in a manner satisfactory to the department, regardless of the amount
11of the excluded remuneration.