AB133-ASA1-CA1,310,62
70.32
(2) (c) 1. "Agricultural land" means land, exclusive of buildings and
3improvements, that is devoted primarily to agricultural use, as defined by rule
,
4except that "agricultural land" does not include land that generated less than $2,000
5in gross farm profits resulting from agricultural use as defined under s. 91.01 (1) in
6the preceding year.".
AB133-ASA1-CA1,310,149
70.337
(5) Each person that is required to file a report under sub. (1) shall pay
10a reasonable fee that is sufficient to defray the costs to the taxation district of
11distributing and reviewing the forms under sub. (1) and of preparing the form for the
12department of revenue under sub. (2). The amount of the fee shall be established by
13the governing body of the taxation district.
This subsection does not apply to a church
14or religious association that is required to file a report under sub. (1).".
AB133-ASA1-CA1,312,1421
71.04
(1) (a) All income or loss of resident individuals and resident estates and
22trusts shall follow the residence of the individual, estate or trust. Income or loss of
23nonresident individuals and nonresident estates and trusts from business, not
24requiring apportionment under sub. (4), (10) or (11), shall follow the situs of the
1business from which derived
, except that all income that is realized from the sale of
2or purchase and subsequent sale or redemption of lottery prizes if the winning tickets
3were originally bought in this state shall be allocated to this state. All items of
4income, loss and deductions of nonresident individuals and nonresident estates and
5trusts derived from a tax-option corporation not requiring apportionment under
6sub. (9) shall follow the situs of the business of the corporation from which derived
,
7except that all income that is realized from the sale of or purchase and subsequent
8sale or redemption of lottery prizes if the winning tickets were originally bought in
9this state shall be allocated to this state. Income or loss of nonresident individuals
10and nonresident estates and trusts derived from rentals and royalties from real
11estate or tangible personal property, or from the operation of any farm, mine or
12quarry, or from the sale of real property or tangible personal property shall follow the
13situs of the property from which derived. Income from personal services of
14nonresident individuals, including income from professions, shall follow the situs of
15the services. A nonresident limited partner's distributive share of partnership
16income shall follow the situs of the business
, except that all income that is realized
17from the sale of or purchase and subsequent sale or redemption of lottery prizes if
18the winning tickets were originally bought in this state shall be allocated to this
19state. A nonresident limited liability company member's distributive share of
20limited liability company income shall follow the situs of the business
, except that
21all income that is realized from the sale of or purchase and subsequent sale or
22redemption of lottery prizes if the winning tickets were originally bought in this state
23shall be allocated to this state. Income of nonresident individuals, estates and trusts
24from the state lottery under ch. 565 is taxable by this state. Income of nonresident
25individuals, estates and trusts from any multijurisdictional lottery under ch. 565 is
1taxable by this state, but only if the winning lottery ticket or lottery share was
2purchased from a retailer, as defined in s. 565.01 (6), located in this state or from the
3department. Income of nonresident individuals, nonresident trusts and nonresident
4estates from pari-mutuel winnings or purses under ch. 562 is taxable by this state.
5Income of nonresident individuals, estates and trusts from winnings from a casino
6or bingo hall that is located in this state and that is operated by a Native American
7tribe or band shall follow the situs of the casino or bingo hall. All other income or loss
8of nonresident individuals and nonresident estates and trusts, including income or
9loss derived from land contracts, mortgages, stocks, bonds and securities or from the
10sale of similar intangible personal property, shall follow the residence of such
11persons, except as provided in par. (b) and sub. (9)
, except that all income that is
12realized from the sale of or purchase and subsequent sale or redemption of lottery
13prizes if the winning tickets were originally bought in this state shall be allocated
14to this state.".
AB133-ASA1-CA1,313,3
20"4. If the benefit of a service is received in this state, as provided under this
21subsection, and the taxpayer submits evidence to the department that another state
22that has jurisdiction to tax the service attributes the receipts from the service to that
23state to determine the income that is taxable by that state, the taxpayer may elect,
24by a method prescribed by the department, to attribute the receipts from the service
1to this state in proportion to the direct cost of performing such service in this state
2as compared to the total direct cost of performing the service in all states that have
3jurisdiction to tax such service.".
AB133-ASA1-CA1,313,218
71.04
(9) Nonresident income from multistate tax-option corporation. 9Nonresident individuals and nonresident estates and trusts deriving income from a
10tax-option corporation which is engaged in business within and without this state
11shall be taxed only on the income of the corporation derived from business transacted
12and property located in this state and losses and other items of the corporation
13deductible by such shareholders shall be limited to their proportionate share of the
14Wisconsin loss or other item
, except that all income that is realized from the sale of
15or purchase and subsequent sale or redemption of lottery prizes if the winning tickets
16were originally bought in this state shall be allocated to this state. For purposes of
17this subsection, all intangible income of tax-option corporations passed through to
18shareholders is business income that follows the situs of the business
, except that all
19income that is realized from the sale of or purchase and subsequent sale or
20redemption of lottery prizes if the winning tickets were originally bought in this state
21shall be allocated to this state.".
AB133-ASA1-CA1,314,9
171.05
(6) (b) 9. On assets held more than one year and on all assets acquired
2from a decedent, 60% of the capital gain as computed under the internal revenue
3code, not including capital gains for which the federal tax treatment is determined
4under section 406 of P.L.
99-514 and; not including amounts treated as ordinary
5income for federal income tax purposes because of the recapture of depreciation or
6any other reason
; and not including amounts treated as capital gain for federal
7income tax purposes from the sale or exchange of a lottery prize. For purposes of this
8subdivision, the capital gains and capital losses for all assets shall be netted before
9application of the percentage.".
AB133-ASA1-CA1,314,2112
71.05
(6) (b) 30. For taxable years beginning after December 31, 1998, any
13settlement received for claims against any person for any recovered assets, or any
14amount of assets or any gain generated on such assets, that were stolen from, hidden
15from or otherwise lost by an individual who was persecuted by Nazi Germany or any
16Axis regime during any period from 1933 to 1945 and have been recovered, returned
17or otherwise paid to the original victim or his or her heirs or beneficiaries. The assets
18to which this subdivision applies includes cash, bonds, stocks, deposits in a financial
19institution, proceeds from a life or other type of insurance policy, jewelry, precious
20metals, artwork or any other item of value owned by such a victim during any period
21from 1920 to 1945.".
AB133-ASA1-CA1,315,6
171.05
(6) (b) 31. An amount paid by an employer to an employe for the purchase
2of a public transportation pass, token or fare card, or the value of such a pass, token
3or fare card provided by an employer to an employe, if the money provided for, or the
4value of, the pass, token or fare card exceeds the amount that may be excluded from
5federal gross income under section
132 (a) (5) of the Internal Revenue Code for a
6transit pass under section
132 (f) (1) (B) of the Internal Revenue Code per month.".
AB133-ASA1-CA1,315,159
71.07
(2di) (a) (intro.) Except as provided in pars. (dm) and (f) and s. 73.03 (35),
10for any taxable year for which the person is
certified under s. 560.765 (3) for entitled
11under s. 560.795 (3) to claim tax benefits, any person may claim as a credit against
12taxes otherwise due under this chapter 2.5% of the purchase price of depreciable,
13tangible personal property, or 1.75% of the purchase price of depreciable, tangible
14personal property that is expensed under section
179 of the internal revenue code for
15purposes of the taxes under this chapter, except that:
AB133-ASA1-CA1,315,2317
71.07
(2di) (a) 1. The investment must be in property that is purchased after
18the person is
certified under s. 560.765 (3) for
entitled under s. 560.795 (3) to claim 19tax benefits and that is used for at least 50% of its use in the conduct of the
person's 20business operations
for which the claimant is certified under s. 560.765 (3) at a
21location in a development zone under subch. VI of ch. 560 or, if the property is mobile,
22the base of operations of the property for at least 50% of its use must be a location
23in a development zone.
AB133-ASA1-CA1,316,3
171.07
(2di) (d) 1. A copy of
the claimant's certification for a verification from
2the department of commerce that the claimant may claim tax benefits under s.
3560.765 (3) 560.795 (3).
AB133-ASA1-CA1,316,125
71.07
(2di) (f) If
the certification of a person
for who is entitled under s. 560.795
6(3) to claim tax benefits
under s. 560.765 (3) is revoked becomes ineligible for such
7tax benefits, that person may claim no credits under this subsection for the taxable
8year that includes the day on which the
certification is revoked person becomes
9ineligible for tax benefits or succeeding taxable years and that person may carry over
10no unused credits from previous years to offset tax under this chapter for the taxable
11year that includes the day on which
certification is revoked the person becomes
12ineligible for tax benefits or succeeding taxable years.
AB133-ASA1-CA1,316,1914
71.07
(2di) (g) If a person who is
certified under s. 560.765 (3) for entitled under
15s. 560.795 (3) to claim tax benefits ceases business operations in the development
16zone during any of the taxable years that that zone exists, that person may not carry
17over to any taxable year following the year during which operations cease any
18unused credits from the taxable year during which operations cease or from previous
19taxable years.
AB133-ASA1-CA1,316,2521
71.07
(2di) (i) No credit may be claimed under this subsection for taxable years
22that begin
on January 1, 1998, or thereafter after December 31, 1997, and end before
23January 1, 2000. Credits under this subsection for taxable years that begin before
24January 1, 1998, may be carried forward to taxable years that begin on January 1,
251998, or thereafter.".
AB133-ASA1-CA1,317,3
1939. Page 848, line 2: delete the material beginning with "certified" and
2ending with "(3)" on line 3 and substitute "
entitled under s. 560.795 (3) to claim tax
3benefits or certified under s. 560.765 (3)
or 560.797 (4)".
AB133-ASA1-CA1,317,156
71.07
(2dx) (c)
Credit precluded. If the certification of a person for tax benefits
7under s. 560.765 (3)
or 560.797 (4) is revoked,
or if the person becomes ineligible for
8tax benefits under s. 560.795 (3), that person may not claim credits under this
9subsection for the taxable year that includes the day on which the certification is
10revoked
; the taxable year that includes the day on which the person becomes
11ineligible for tax benefits; or succeeding taxable years and that person may not carry
12over unused credits from previous years to offset tax under this chapter for the
13taxable year that includes the day on which certification is revoked
; the taxable year
14that includes the day on which the person becomes ineligible for tax benefits; or
15succeeding taxable years.
AB133-ASA1-CA1,317,2217
71.07
(2dx) (d)
Carry-over precluded. If a person who is
entitled under s.
18560.795 (3) to claim tax benefits or certified under s. 560.765 (3)
or 560.797 (4) for tax
19benefits ceases business operations in the development zone during any of the
20taxable years that that zone exists, that person may not carry over to any taxable
21year following the year during which operations cease any unused credits from the
22taxable year during which operations cease or from previous taxable years.".
AB133-ASA1-CA1,318,92
71.07
(3m) (b) 1. a. Subject to the limitations provided in this subsection and
3s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income
4taxes otherwise due, the amount derived under par. (c). If the allowable amount of
5claim exceeds the income taxes otherwise due on the claimant's income or if there are
6no Wisconsin income taxes due on the claimant's income, the amount of the claim not
7used as an offset against income taxes shall be certified to the department of
8administration for payment to the claimant by check, share draft or other draft paid
9from the
appropriation appropriations under s. 20.835 (2)
(q) (dn) and (ka).
AB133-ASA1-CA1, s. 1710dc
10Section 1710dc. 71.07 (3m) (b) 1. a. of the statutes, as affected by 1999
11Wisconsin Act .... (this act), is repealed and recreated to read:
AB133-ASA1-CA1,318,1912
71.07
(3m) (b) 1. a. Subject to the limitations provided in this subsection and
13s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income
14taxes otherwise due, the amount derived under par. (c). If the allowable amount of
15claim exceeds the income taxes otherwise due on the claimant's income or if there are
16no Wisconsin income taxes due on the claimant's income, the amount of the claim not
17used as an offset against income taxes shall be certified to the department of
18administration for payment to the claimant by check, share draft or other draft paid
19from the appropriations under s. 20.835 (2) (ka) and (q).
AB133-ASA1-CA1,319,222
71.07
(3m) (c) 3. The department shall annually adjust the percentage that is
23used to determine the amount of a claim under subd. 1. based on the estimated
24number of claims and the amount estimated to be expended from the appropriation
25under s. 20.835 (2)
(q) (dn), as determined under s. 79.13. The department shall
1incorporate the annually adjusted percentage into the income tax forms and
2instructions.
AB133-ASA1-CA1, s. 1710de
3Section 1710de. 71.07 (3m) (c) 3. of the statutes, as affected by 1999 Wisconsin
4Act .... (this act), is repealed and recreated to read:
AB133-ASA1-CA1,319,105
71.07
(3m) (c) 3. The department shall annually adjust the percentage that is
6used to determine the amount of a claim under subd. 1. based on the estimated
7number of claims and the amount estimated to be expended from the appropriation
8under s. 20.835 (2) (q), as determined under s. 79.13. The department shall
9incorporate the annually adjusted percentage into the income tax forms and
10instructions.".
AB133-ASA1-CA1,319,1716
71.07
(6m) Armed forces member tax credit. (a)
Definitions. In this
17subsection:
AB133-ASA1-CA1,319,1918
1. "Claimant" means an active duty member of the U.S. armed forces, as
19defined in
26 USC 7701 (a) (15).
AB133-ASA1-CA1,319,2220
2. "Military income" means an amount of basic, special or incentive pay income,
21as those terms are used in
37 USC chapters 3 and
5, received by a claimant from the
22federal government.
AB133-ASA1-CA1,320,223
(b)
Filing claims. Subject to the limitations and conditions provided in this
24subsection, a claimant may claim as a credit against the tax imposed under s. 71.02,
1up to the amount of those taxes, an amount up to $200 of military income for services
2performed by the claimant while he or she is stationed outside of the United States.
AB133-ASA1-CA1,320,43
(c)
Limitations and conditions. 1. No credit may be allowed under this
4subsection unless it is claimed within the time period under s. 71.75 (2).
AB133-ASA1-CA1,320,65
2. Part-year residents and nonresidents of this state are not eligible for the
6credit under this subsection.
AB133-ASA1-CA1,320,87
3. If both spouses of a married couple meet the definition of claimant under par.
8(a) 1., each spouse may claim the credit under this subsection.
AB133-ASA1-CA1,320,109
(d)
Administration. Subsection (9e) (d), to the extent that it applies to the credit
10under that subsection, applies to the credit under this subsection.".
AB133-ASA1-CA1,320,1713
71.07
(9) (b) 1. Subject to the limitations under this subsection and except as
14provided in
subd. subds. 2.
and 3., a claimant may claim as a credit against, but not
15to exceed the amount of, taxes under s. 71.02, 10% of the first $2,000 of property taxes
16or rent constituting property taxes, or 10% of the first $1,000 of property taxes or rent
17constituting property taxes of a married person filing separately.
AB133-ASA1-CA1,320,2419
71.07
(9) (b) 3. For taxable years beginning after December 31, 1999, and before
20January 1, 2001, subject to the limitations under this subsection, a claimant may
21claim as a credit against, but not to exceed the amount of, taxes under s. 71.02, 6.4%
22of the first $2,000 of property taxes or rent constituting property taxes, or 6.4% of the
23first $1,000 of property taxes or rent constituting property taxes of a married person
24filing separately.".
AB133-ASA1-CA1,321,66
71.10
(4) (cm) The armed forces member tax credit under s. 71.07 (6m).".
AB133-ASA1-CA1,321,1610
71.14
(3) (intro.) Except as provided in sub. (2) and s. 71.04 (1) (b) 2., trusts
11created by contract, declaration of trust or implication of law
that are made
12irrevocable before the effective date of this subsection .... [revisor inserts date], shall
13be considered resident at the place where the trust is being administered. The
14following trusts shall be considered to be administered in the state of domicile of the
15corporate trustee of the trust at any time that the grantor of the trust is not a resident
16of this state:
AB133-ASA1-CA1,321,2118
71.14
(3m) (a) Subject to par. (b) and except as provided in sub. (2) and s. 71.04
19(1) (b) 2., only the following trusts, or portions of trusts, which become irrevocable
20on or after the effective date of this paragraph .... [revisor inserts date], are resident
21of this state:
AB133-ASA1-CA1,322,222
1. Trusts, or portions of trusts, the assets of which consist of property placed
23in the trust by a person who is a resident of this state at the time that the property
1was placed in the trust if, at the time that the assets were placed in the trust, the trust
2was irrevocable.
AB133-ASA1-CA1,322,63
2. Trusts, or portions of trusts, the assets of which consist of property placed
4in the trust by a person who is a resident of this state at the time that the trust
5became irrevocable if, at the time that the property was placed in the trust, the trust
6was revocable.
AB133-ASA1-CA1,322,77
(b) A trust described under par. (a):
AB133-ASA1-CA1,322,98
1. Is revocable if the person whose property constitutes the trust may revest
9title to the property in that person.
