AB133-SSA1,928,1210
71.365
(1m) Tax-option corporations; depreciation. A tax-option corporation
11may compute amortization and depreciation under either the federal
internal
12revenue code Internal Revenue Code as amended to December 31,
1997 1998, or the
13federal
internal revenue code Internal Revenue Code in effect for the taxable year
14for which the return is filed, except that property first placed in service by the
15taxpayer on or after January 1, 1983, but before January 1, 1987, that, under s.
1671.04 (15) (b) and (br), 1985 stats., is required to be depreciated under the
internal
17revenue code Internal Revenue Code as amended to December 31, 1980, and
18property first placed in service in taxable year 1981 or thereafter but before
19January 1, 1987, that, under s. 71.04 (15) (bm), 1985 stats., is required to be
20depreciated under the
internal revenue code Internal Revenue Code as amended to
21December 31, 1980, shall continue to be depreciated under the
internal revenue code 22Internal Revenue Code as amended to December 31, 1980. Any difference between
23the adjusted basis for federal income tax purposes and the adjusted basis under this
24chapter shall be taken into account in determining net income or loss in the year or
25years for which the gain or loss is reportable under this chapter. If that property was
1placed in service by the taxpayer during taxable year 1986 and thereafter but before
2the property is used in the production of income subject to taxation under this
3chapter, the property's adjusted basis and the depreciation or other deduction
4schedule are not required to be changed from the amount allowable on the owner's
5federal income tax returns for any year because the property is used in the
6production of income subject to taxation under this chapter. If that property was
7acquired in a transaction in taxable year 1986 or thereafter in which the adjusted
8basis of the property in the hands of the transferee is the same as the adjusted basis
9of the property in the hands of the transferor, the Wisconsin adjusted basis of that
10property on the date of transfer is the adjusted basis allowable under the
internal
11revenue code Internal Revenue Code as defined for Wisconsin purposes for the
12property in the hands of the transferor.
AB133-SSA1,929,1115
71.42
(2) (e) For taxable years that begin after December 31, 1990, and before
16January 1, 1992, "
internal revenue code
Internal Revenue Code " means the federal
17internal revenue code Internal Revenue Code as amended to December 31, 1990,
18and as amended by P.L.
102-227, P.L.
102-486, P.L.
103-66, P.L.
104-188, excluding
19section 1311 of P.L.
104-188,
and P.L.
105-34, P.L. 105-206 and P.L. 105-277, and
20as indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
21101-140, P.L.
101-179, P.L.
101-239, P.L.
101-508, P.L.
102-227, P.L.
102-486, P.L.
22103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
105-34, P.L.
23105-206 and P.L. 105-277, except that "
internal revenue code Internal Revenue
24Code" does not include section 847 of the federal
internal revenue code Internal
25Revenue Code. The
internal revenue code Internal Revenue Code applies for
1Wisconsin purposes at the same time as for federal purposes. Amendments to the
2federal
internal revenue code Internal Revenue Code enacted after
3December 31, 1990, do not apply to this paragraph with respect to taxable years
4beginning after December 31, 1990, and before January 1, 1992, except that
5changes to the
internal revenue code Internal Revenue Code made by P.L.
102-227,
6P.L.
102-486, P.L.
103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and 7P.L.
105-34, P.L. 105-206 and P.L. 105-277 and changes that indirectly affect the
8federal
internal revenue code Internal Revenue Code made by P.L.
102-227, P.L.
9102-486, P.L.
103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
10105-34, P.L. 105-206 and P.L. 105-277, apply for Wisconsin purposes at the same
11time as for federal purposes.
AB133-SSA1,930,1113
71.42
(2) (f) For taxable years that begin after December 31, 1991, and before
14January 1, 1993, "
internal revenue code
Internal Revenue Code " means the federal
15internal revenue code Internal Revenue Code as amended to December 31, 1991,
16excluding sections 103, 104 and 110 of P.L.
102-227, and as amended by P.L.
17102-318, P.L.
102-486, P.L.
103-66, excluding sections 13101 (a) and (c) 1, 13171 and
1813174 of P.L.
103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
19105-34, P.L. 105-206 and P.L. 105-277, and as indirectly affected by P.L.
99-514,
20P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
101-239,
21P.L.
101-508, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
22102-318, P.L.
102-486, P.L.
103-66, excluding sections 13101 (a) and (c) 1, 13171 and
2313174 of P.L.
103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
24105-34, P.L. 105-206 and P.L. 105-277, except that "
internal revenue code Internal
25Revenue Code" does not include section 847 of the federal
internal revenue code
1Internal Revenue Code. The
internal revenue code Internal Revenue Code applies
2for Wisconsin purposes at the same time as for federal purposes. Amendments to the
3federal
internal revenue code Internal Revenue Code enacted after
4December 31, 1991, do not apply to this paragraph with respect to taxable years
5beginning after December 31, 1991, and before January 1, 1993, except that
6changes to the internal revenue code made by P.L.
102-318, P.L.
102-486, P.L.
7103-66, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
105-34, P.L.
8105-206 and P.L. 105-277 and changes that indirectly affect the federal internal
9revenue code made by P.L.
102-318, P.L.
102-486, P.L.
103-66, P.L.
104-188,
10excluding section 1311 of P.L.
104-188,
and P.L.
105-34, P.L. 105-206 and P.L.
11105-277, apply for Wisconsin purposes at the same time as for federal purposes.
AB133-SSA1,931,1213
71.42
(2) (g) For taxable years that begin after December 31, 1992, and before
14January 1, 1994, "
internal revenue code
Internal Revenue Code" means the federal
15internal revenue code Internal Revenue Code as amended to December 31, 1992,
16excluding sections 103, 104 and 110 of P.L.
102-227, and as amended by P.L.
103-66,
17excluding sections 13101 (a) and (c) 1, 13113, 13150, 13171, 13174 and 13203 of P.L.
18103-66, P.L.
103-465, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
19105-34, P.L. 105-206 and P.L. 105-277, and as indirectly affected by P.L.
99-514,
20P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
101-239,
21P.L.
101-508, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
102-227, P.L.
22102-318, P.L.
102-486, P.L.
103-66, excluding sections 13101 (a) and (c) 1, 13113,
2313150, 13171, 13174 and 13203 of P.L.
103-66, P.L.
103-465, P.L.
104-188, excluding
24section 1311 of P.L.
104-188,
and P.L.
105-34, P.L. 105-206 and P.L. 105-277, except
25that "
internal revenue code Internal Revenue Code" does not include section 847 of
1the federal
internal revenue code Internal Revenue Code. The
internal revenue code 2Internal Revenue Code applies for Wisconsin purposes at the same time as for federal
3purposes. Amendments to the federal
internal revenue code Internal Revenue Code 4enacted after December 31, 1992, do not apply to this paragraph with respect to
5taxable years beginning after December 31, 1992, and before January 1, 1994,
6except that changes to the
internal revenue code
Internal Revenue Code made by P.L.
7103-66, P.L.
103-465, P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
8105-34, P.L. 105-206 and P.L. 105-277 and changes that indirectly affect the federal
9internal revenue code Internal Revenue Code made by P.L.
103-66, P.L.
103-465,
10P.L.
104-188, excluding section 1311 of P.L.
104-188,
and P.L.
105-34, P.L. 105-206
11and P.L. 105-277, apply for Wisconsin purposes at the same time as for federal
12purposes.
AB133-SSA1,932,1814
71.42
(2) (h) For taxable years that begin after December 31, 1993, and before
15January 1, 1995, "
internal revenue code
Internal Revenue Code" means the federal
16internal revenue code Internal Revenue Code as amended to December 31, 1993
17excluding sections 103, 104 and 110 of P.L.
102-227 and sections 13113, 13150 (d),
1813171 (d), 13174, 13203 (d) and 13215 of P.L.
103-66, and as amended by P.L.
19103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7, excluding section 1 of P.L.
104-7,
20P.L.
104-188, excluding section 1311 of P.L.
104-188, P.L.
104-191, P.L.
104-193 and, 21P.L.
105-34,
P.L. 105-206 and P.L. 105-277, and as indirectly affected by P.L.
2299-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
23101-239, P.L.
101-508, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
24102-227, P.L.
102-318, P.L.
102-486 and P.L.
103-66, excluding sections 13113,
2513150 (d), 13171 (d), 13174, 13203 (d) and 13215 of P.L.
103-66, P.L.
103-296, P.L.
1103-337, P.L.
103-465, P.L.
104-7, excluding section 1 of P.L.
104-7, P.L.
104-188,
2excluding section 1311 of P.L.
104-188, P.L.
104-191, P.L.
104-193
and, P.L.
105-34,
3P.L. 105-206 and P.L. 105-277, except that "
internal revenue code Internal Revenue
4Code" does not include section 847 of the federal
internal revenue code Internal
5Revenue Code. The
internal revenue code Internal Revenue Code applies for
6Wisconsin purposes at the same time as for federal purposes. Amendments to the
7federal
internal revenue code Internal Revenue Code enacted after
8December 31, 1993, do not apply to this paragraph with respect to taxable years
9beginning after December 31, 1993, and before January 1, 1995, except that
10changes to the
internal revenue code Internal Revenue Code made by P.L.
103-296,
11P.L.
103-337, P.L.
103-465, P.L.
104-7, excluding section 1 of P.L.
104-7, P.L.
12104-188, excluding section 1311 of P.L.
104-188, P.L.
104-191, P.L.
104-193 and, P.L.
13105-34, P.L. 105-206 and P.L. 105-277 and changes that indirectly affect the
14provisions applicable to this subchapter made by P.L.
103-296, P.L.
103-337, P.L.
15103-465, P.L.
104-7, excluding section 1 of P.L.
104-7, P.L.
104-188, excluding
16section 1311 of P.L.
104-188, P.L.
104-191, P.L.
104-193 and, P.L.
105-34, P.L.
17105-206 and P.L. 105-277, apply for Wisconsin purposes at the same time as for
18federal purposes.
AB133-SSA1,933,2120
71.42
(2) (i) For taxable years that begin after December 31, 1994, and before
21January 1, 1996, "
internal revenue code
Internal Revenue Code" means the federal
22internal revenue code Internal Revenue Code as amended to December 31, 1994,
23excluding sections 103, 104 and 110 of P.L.
102-227 and sections 13113, 13150 (d),
2413171 (d), 13174 and 13203 (d) of P.L.
103-66, and as amended by P.L.
104-7, P.L.
25104-188, excluding sections 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
1104-191, P.L.
104-193 and, P.L.
105-34,
P.L. 105-206 and P.L. 105-277, and as
2indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
3101-140, P.L.
101-179, P.L.
101-239, P.L.
101-508, P.L.
102-227, excluding sections
4103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486, P.L.
103-66, excluding
5sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66, P.L.
6103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7, P.L.
104-188, excluding sections
71202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
104-191, P.L.
104-193
and, P.L.
8105-34,
P.L. 105-206 and P.L. 105-277, except that "
internal revenue code Internal
9Revenue Code" does not include section 847 of the federal
internal revenue code 10Internal Revenue Code. The
internal revenue code Internal Revenue Code applies
11for Wisconsin purposes at the same time as for federal purposes. Amendments to the
12federal
internal revenue code Internal Revenue Code enacted after
13December 31, 1994, do not apply to this paragraph with respect to taxable years
14beginning after December 31, 1994, and before January 1, 1996, except that
15changes to the
internal revenue code Internal Revenue Code made by P.L.
104-7, P.L.
16104-188, excluding sections 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
17104-191, P.L.
104-193 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277 and changes
18that indirectly affect the provisions applicable to this subchapter made by P.L.
104-7,
19P.L.
104-188, excluding sections 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
20104-191, P.L.
104-193 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, apply for
21Wisconsin purposes at the same time as for federal purposes.
AB133-SSA1,934,2423
71.42
(2) (j) For taxable years that begin after December 31, 1995, and before
24January 1, 1997, "
internal revenue code
Internal Revenue Code" means the federal
25internal revenue code Internal Revenue Code as amended to December 31, 1995,
1excluding sections 103, 104 and 110 of P.L.
102-227 and sections 13113, 13150 (d),
213171 (d), 13174 and 13203 (d) of P.L.
103-66, and as amended by P.L.
104-188,
3excluding sections 1123, 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
104-191,
4P.L.
104-193, P.L.
105-33 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, and as
5indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
6101-140, P.L.
101-179, P.L.
101-239, P.L.
101-508, P.L.
102-227, excluding sections
7103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486, P.L.
103-66, excluding
8sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66, P.L.
9103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7, P.L.
104-188, excluding sections
101123, 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
104-191, P.L.
104-193, P.L.
11105-33 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, except that "
internal
12revenue code Internal Revenue Code" does not include section 847 of the federal
13internal revenue code Internal Revenue Code. The
internal revenue code Internal
14Revenue Code applies for Wisconsin purposes at the same time as for federal
15purposes. Amendments to the federal
internal revenue code Internal Revenue Code 16enacted after December 31, 1995, do not apply to this paragraph with respect to
17taxable years beginning after December 31, 1995, and before January 1, 1997,
18except that changes to the Internal Revenue Code made by P.L.
104-188, excluding
19sections 1123, 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
104-191, P.L.
104-193,
20P.L.
105-33 and, P.L.
105-34,
P.L. 105-206 and P.L. 105-277, and changes that
21indirectly affect the provisions applicable to this subchapter made by P.L.
104-188,
22excluding sections 1123, 1202, 1204, 1311 and 1605 of P.L.
104-188, P.L.
104-191,
23P.L.
104-193, P.L.
105-33 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, apply for
24Wisconsin purposes at the same time as for federal purposes.
AB133-SSA1,935,23
171.42
(2) (k) For taxable years that begin after December 31, 1996, and before
2January 1, 1998, "Internal Revenue Code" means the federal Internal Revenue Code
3as amended to December 31, 1996, excluding sections 103, 104 and 110 of P.L.
4102-227, sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66 and
5sections 1123 (b), 1202 (c), 1204 (f), 1311 and 1605 (d) of P.L.
104-188, and as
6amended by P.L.
105-33 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, and as
7indirectly affected by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
8101-140, P.L.
101-179, P.L.
101-239, P.L.
101-508, P.L.
102-227, excluding sections
9103, 104 and 110 of P.L.
102-227, P.L.
102-318, P.L.
102-486, P.L.
103-66, excluding
10sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66, P.L.
11103-296, P.L.
103-337, P.L.
103-465, P.L.
104-7, P.L.
104-188, excluding sections
121123 (b), 1202 (c) 1204 (f), 1311 and 1605 (d) of P.L.
104-188, P.L.
104-191, P.L.
13104-193, P.L.
105-33 and, P.L.
105-34, P.L. 105-206 and P.L. 105-277, except that
14"Internal Revenue Code" does not include section 847 of the federal Internal Revenue
15Code. The Internal Revenue Code applies for Wisconsin purposes at the same time
16as for federal purposes. Amendments to the federal Internal Revenue Code enacted
17after December 31, 1996, do not apply to this paragraph with respect to taxable years
18beginning after December 31, 1996, and before January 1, 1998, except that
19changes to the Internal Revenue Code made by P.L.
105-33 and, P.L.
105-34, P.L.
20105-206 and P.L. 105-277 and changes that indirectly affect the provisions
21applicable to this subchapter made by P.L.
105-33 and
, P.L.
105-34, P.L. 105-206
22and P.L. 105-277, apply for Wisconsin purposes at the same time as for federal
23purposes.
AB133-SSA1,936,22
171.42
(2) (L) For taxable years that begin after December 31, 1997,
and before
2January 1, 1999, "Internal Revenue Code" means the federal Internal Revenue Code
3as amended to December 31, 1997, excluding sections 103, 104 and 110 of P.L.
4102-227, sections 13113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66 and
5sections 1123 (b), 1202 (c), 1204 (f), 1311 and 1605 (d) of P.L.
104-188,
and as
6amended by P.L. 105-178, P.L. 105-206 and P.L. 105-277, and as indirectly affected
7by P.L.
99-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179,
8P.L.
101-239, P.L.
101-508, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
9102-227, P.L.
102-318, P.L.
102-486, P.L.
103-66, excluding sections 13113, 13150
10(d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66, P.L.
103-296, P.L.
103-337, P.L.
11103-465, P.L.
104-7, P.L.
104-188, excluding sections 1123 (b), 1202 (c) 1204 (f), 1311
12and 1605 (d) of P.L.
104-188, P.L.
104-191, P.L.
104-193, P.L.
105-33
and, P.L.
13105-34,
P.L. 105-178, P.L. 105-206 and P.L. 105-277, except that "Internal Revenue
14Code" does not include section 847 of the federal Internal Revenue Code. The
15Internal Revenue Code applies for Wisconsin purposes at the same time as for federal
16purposes. Amendments to the federal Internal Revenue Code enacted after
17December 31, 1997, do not apply to this paragraph with respect to taxable years
18beginning after December 31, 1997
, and before January 1, 1999, except that changes
19to the Internal Revenue Code made by P.L. 105-178, P.L. 105-206 and P.L. 105-277
20and changes that indirectly affect the provisions applicable to this subchapter made
21by P.L. 105-178, P.L. 105-206 and P.L. 105-277 apply for Wisconsin purposes at the
22same time as for federal purposes.
AB133-SSA1,937,1524
71.42
(2) (m) For taxable years that begin after December 31, 1998, "Internal
25Revenue Code" means the federal Internal Revenue Code as amended to
1December 31, 1998, excluding sections 103, 104 and 110 of P.L.
102-227, sections
213113, 13150 (d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66 and sections 1123 (b),
31202 (c), 1204 (f), 1311 and 1605 (d) of P.L.
104-188, and as indirectly affected by P.L.
499-514, P.L.
100-203, P.L.
100-647, P.L.
101-73, P.L.
101-140, P.L.
101-179, P.L.
5101-239, P.L.
101-508, P.L.
102-227, excluding sections 103, 104 and 110 of P.L.
6102-227, P.L.
102-318, P.L.
102-486, P.L.
103-66, excluding sections 13113, 13150
7(d), 13171 (d), 13174 and 13203 (d) of P.L.
103-66, P.L.
103-296, P.L.
103-337, P.L.
8103-465, P.L.
104-7, P.L.
104-188, excluding sections 1123 (b), 1202 (c) 1204 (f), 1311
9and 1605 (d) of P.L.
104-188, P.L.
104-191, P.L.
104-193, P.L.
105-33, P.L.
105-34,
10P.L.
105-178, P.L.
105-206 and P.L.
105-277, except that "Internal Revenue Code"
11does not include section 847 of the federal Internal Revenue Code. The Internal
12Revenue Code applies for Wisconsin purposes at the same time as for federal
13purposes. Amendments to the federal Internal Revenue Code enacted after
14December 31, 1998, do not apply to this paragraph with respect to taxable years
15beginning after December 31, 1998.
AB133-SSA1,938,217
71.43
(1) Income tax. For the purpose of raising revenue for the state and the
18counties, cities, villages and towns, there shall be assessed, levied, collected and paid
19a tax as provided under this chapter on all Wisconsin net incomes of corporations
20which that are not subject to the franchise tax under sub. (2) and
which that own
21property within this state
; that derive income from sources within this state or from
22activities that are attributable to this state; or whose business within this state
23during the taxable year, except as provided under s. 71.23 (3), consists exclusively
24of foreign commerce, interstate commerce, or both; except as exempted under ss.
2571.26 (1) and 71.45 (1). This section shall not be construed to prevent or affect the
1correction of errors or omissions in the assessments of income for former years under
2s. 71.74 (1) and (2).
AB133-SSA1,938,94
71.45
(2) (a) 10. By adding to federal taxable income the amount of credit
5computed under s. 71.47 (1dd) to
(1dx) (1dy) and not passed through by a
6partnership, limited liability company or tax-option corporation that has added that
7amount to the partnership's, limited liability company's or tax-option corporation's
8income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under
9s. 71.47 (1), (3), (4) and (5).
AB133-SSA1,938,2311
71.45
(2) (a) 13. By adding or subtracting, as appropriate, the difference
12between the depreciation deduction under the federal Internal Revenue Code as
13amended to December 31,
1997 1998 and the depreciation deduction under the
14federal Internal Revenue Code in effect for the taxable year for which the return is
15filed, so as to reflect the fact that the insurer may choose between these 2 deductions,
16except that property first placed in service by the taxpayer on or after
17January 1, 1983, but before January 1, 1987, that, under s. 71.04 (15) (b) and (br),
181985 stats., is required to be depreciated under the Internal Revenue Code as
19amended to December 31, 1980, and property first placed in service in taxable year
201981 or thereafter but before January 1, 1987, that, under s. 71.04 (15) (bm), 1985
21stats., is required to be depreciated under the Internal Revenue Code as amended
22to December 31, 1980, shall continue to be depreciated under the Internal Revenue
23Code as amended to December 31, 1980.
AB133-SSA1,939,9
171.45
(3) Apportionment. (intro.)
With respect Except as provided in par. (c), 2to
determine Wisconsin income for purposes of the franchise tax, domestic insurers
3not engaged in the sale of life insurance but which
that, in the taxable year, have
4collected received premiums
, other than life insurance premiums, written
on
5subjects of for insurance
on property or risks resident, located or to be performed
6outside this state
, there shall
be subtracted from multiply the net income figure
7derived by application of sub. (2)
(a) to arrive at Wisconsin income constituting the
8measure of the franchise tax an amount calculated by multiplying such adjusted
9federal taxable income by the arithmetic average of the following 2 percentages:
AB133-SSA1,939,2511
71.45
(3) (a)
The Subject to par. (c), the percentage
determined by dividing the
12sum of
total direct premiums written
on all property and risks for insurance other
13than life insurance,
on subjects of insurance resident, located or to be performed in
14this state, and assumed premiums written for reinsurance, other than life insurance,
15with respect to all property and risks resident, located or to be performed in this
16state, by the sum of direct premiums written for insurance on all property and risks,
17other than life insurance, wherever located
during the taxable year, as reflects, and
18assumed premiums written
on insurance for reinsurance on all property and risks,
19other than life insurance,
where the subject of insurance was resident, located or to
20be performed outside this state wherever located. In this paragraph, "direct
21premiums" means direct premiums as reported for the taxable year on an annual
22statement that is filed by the insurer with the commissioner of insurance. In this
23paragraph, "assumed premiums" means assumed reinsurance premiums from
24domestic insurance companies as reported for the taxable year on an annual
25statement that is filed by the commissioner of insurance.
AB133-SSA1, s. 1752
1Section
1752. 71.45 (3) (b) of the statutes is renumbered 71.45 (3) (b) 1. and
2amended to read:
AB133-SSA1,940,63
71.45
(3) (b) 1.
The Subject to par. (c), the percentage
of determined by dividing
4the payroll, exclusive of life insurance payroll, paid in this state in the taxable year
5by total payroll, exclusive of life insurance payroll, paid everywhere in the taxable
6year
as reflects such compensation paid outside this state.
AB133-SSA1,940,15
72. Compensation is paid outside this state if the individual's service is
8performed entirely outside this state; or the individual's service is performed both
9within and without this state, but the service performed within is incidental to the
10individual's service without this state; or some service is performed without this
11state and the base of operations, or if there is no base of operations, the place from
12which the service is directed or controlled is without this state, or the base of
13operations or the place from which the service is directed or controlled is not in any
14state in which some part of the service is performed, but the individual's residence
15is outside this state.
AB133-SSA1,940,1917
71.45
(3) (c) 1. For taxable years beginning after December 31, 2000, and before
18January 1, 2002, the percentage under par. (a) represents 63% of the average of the
19amounts under pars. (a) and (b) 1.
AB133-SSA1,940,2220
2. For taxable years beginning after December 31, 2001, and before January
211, 2003, the percentage under par. (a) represents 85% of the average of the amounts
22under pars. (a) and (b) 1.
AB133-SSA1,941,223
3. For taxable years beginning after December 31, 2002, a domestic insurer
24that is subject to apportionment under this subsection shall multiply the net income
1figure derived by application of sub. (2) by the percentage under par. (a) to determine
2Wisconsin income for purposes of the franchise tax.
AB133-SSA1,941,104
71.45
(3m) Arithmetic average. The Except as provided in sub. (3) (c), the 5arithmetic average of the 2 percentages referred to in sub. (3) shall be applied to the
6net income figure arrived at by the successive application of sub. (2) (a) and (b) with
7respect to Wisconsin insurers to which sub. (2) (a) and (b) applies and which have
8collected premiums written upon insurance, other than life insurance, where the
9subject of such insurance was resident, located or to be performed outside this state,
10to arrive at Wisconsin income constituting the measure of the franchise tax.
AB133-SSA1,941,1612
71.45
(6) Partnerships and limited liability companies. (a) A general or
13limited partner's share of the numerator and denominator of a partnership's
14apportionment fractions under this section are included in the numerator and
15denominator of the general or limited partner's apportionment fractions under this
16section.
AB133-SSA1,941,2117
(b) If a limited liability company is considered by the department of revenue
18to be a partnership, for tax purposes, a member's share of the numerator and
19denominator of a limited liability company's apportionment fractions under this
20section are included in the numerator and denominator of the member's
21apportionment fractions under this section.
AB133-SSA1,942,223
71.47
(1dj) (am) 1. Modify "member of a targeted group", as defined in section
2451 (d) of the internal revenue code as amended to December 31, 1995, to include
25persons unemployed as a result of a business action subject to s. 109.07 (1m) and
1persons specified under 29 USC 1651 (a) dislocated workers, as defined in 29 USC
22801 (9), and to require a member of a targeted group to be a resident of this state.
AB133-SSA1,942,94
71.47
(1dj) (am) 2. Modify "designated local agency", as defined in section
51 5(d) (15) of the internal revenue code, to include the
job training partnership act
6organization local workforce development board established under 29 USC 2832 for
7the area that includes the development zone in which the employe in respect to whom
8the credit under this subsection is claimed works, if the department of commerce
9approves the criteria used for certification, and the department of commerce.
AB133-SSA1,942,1311
71.47
(1dj) (am) 3. Modify the rule for certification under section
51 (d) (16) (A)
12of the internal revenue code to allow certification within the
90-day period beginning
13with the first day of employment of the employe
by the claimant.
AB133-SSA1,942,1915
71.47
(1dx) (b)
Credit. (intro.) Except or provided in s. 73.03 (35) and subject
16to s. 560.785, for any taxable year for which the person is certified under s. 560.765
17(3), any person may claim as a credit against taxes
imposed on the person's income
18from the person's business activities in a development zone under this subchapter
19the following amounts:
AB133-SSA1,943,221
71.47
(1dx) (b) 4. The amount determined by multiplying the amount
22determined under s. 560.785 (1)
(b) (bm) by the number of full-time jobs retained,
23as provided in the rules under s. 560.785, excluding jobs for which a credit has been
24claimed under sub. (1dj), in
a an enterprise development zone
under s. 560.797 and
1filled by a member of a targeted group for which significant capital investment was
2made and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
AB133-SSA1,943,54
71.47
(1dy) Sustainable urban development zone credit. (a)
Definitions. In
5this subsection:
AB133-SSA1,943,66
1. "Brownfield" has the meaning given in sub. (1dx) (a) 1.
AB133-SSA1,943,117
2. "Environmental remediation" means removal or containment of
8environmental pollution, as defined in s. 299.01 (4), and restoration of soil or
9groundwater that is affected by environmental pollution, as defined in s. 299.01 (4),
10in a brownfield and investigation unless the investigation determines that
11remediation is required but remediation is not undertaken.
AB133-SSA1,943,1512
(b)
Credit. For any taxable year for which the person is certified under s. 292.77
13(5), a person may claim as a credit against taxes imposed under this subchapter 50%
14of the amount expended for environmental remediation under the program under s.
15292.77.
AB133-SSA1,943,1716
(c)
Administration. Subsection (1dx) (c), (d) and (e), as it applies to the credit
17under sub. (1dx), applies to the credit under this subsection.
AB133-SSA1,943,2219
71.47
(2m) (a) 1. b. For partnerships, except publicly traded partnerships
20treated as corporations under s. 71.22
(1) (1g), or limited liability companies, except
21limited liability companies treated as corporations under s. 71.22
(1) (1g), "claimant"
22means each individual partner or member.
AB133-SSA1,944,1224
71.47
(4) (a)
Credit. Any corporation may credit against taxes otherwise due
25under this chapter an amount equal to 5% of the amount obtained by subtracting
1from the corporation's qualified research expenses, as defined in section
41 of the
2internal revenue code, except that "qualified research expenses" includes only
3expenses incurred by the claimant, incurred for research conducted in this state for
4the taxable year, except that a taxpayer may elect the alternative computation under
5section
41 (c) (4) of the Internal Revenue Code and that election applies until the
6department permits its revocation and except that "qualified research expenses"
7does not include compensation used in computing the credit under subs. (1dj) and
8(1dx), the corporation's base amount, as defined in section
41 (c) of the internal
9revenue code, except that gross receipts used in calculating the base amount means
10gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2.
and, 11(d)
, (dc), (dg), (dn) and (dr). Section
41 (h) of the internal revenue code does not apply
12to the credit under this paragraph.
AB133-SSA1,944,1914
71.47
(4) (i)
Nonclaimants. The credits under this subsection may not be
15claimed by a partnership, except a publicly traded partnership treated as a
16corporation under s. 71.22
(1) (1g), limited liability company, except a limited liability
17company treated as a corporation under s. 71.22
(1)
(1g), or tax-option corporation
18or by partners, including partners of a publicly traded partnership, members of a
19limited liability company or shareholders of a tax-option corporation.
AB133-SSA1,944,2121
71.49
(1) (eon) Sustainable urban development zone credit under s. 71.47 (1dy).
AB133-SSA1,944,2523
71.54
(1) (d)
1991 and thereafter to 1999. (intro.) The amount of any claim filed
24in 1991
and thereafter to 1999 and based on property taxes accrued or rent
25constituting property taxes accrued during the previous year is limited as follows:
AB133-SSA1,945,42
71.54
(1) (e)
2000 and thereafter. The amount of any claim filed in 2000 and
3thereafter and based on property taxes accrued or rent constituting property taxes
4accrued during the previous year is limited as follows:
AB133-SSA1,945,75
1. If the household income was $8,000 or less in the year to which the claim
6relates, the claim is limited to 80% of the property taxes accrued or rent constituting
7property taxes accrued or both in that year on the claimant's homestead.
AB133-SSA1,945,118
2. If the household income was more than $8,000 in the year to which the claim
9relates, the claim is limited to 80% of the amount by which the property taxes accrued
10or rent constituting property taxes accrued or both in that year on the claimant's
11homestead exceeds 11.8% of the household income exceeding $8,000.
AB133-SSA1,945,1312
3. No credit may be allowed if the household income of a claimant exceeds
13$20,290.
AB133-SSA1,945,1915
71.54
(2) (a) (intro.) Property taxes accrued or rent constituting property taxes
16accrued shall be reduced by one-twelfth for each month or portion of a month for
17which the claimant received relief from any county under s. 59.53 (21) equal to or in
18excess of $400, participated in Wisconsin works under s. 49.147 (4) or (5)
or 49.148
19(1m) or received assistance under s. 49.19, except assistance received:
AB133-SSA1,945,2221
71.58
(1) (c) For partnerships except publicly traded partnerships treated as
22corporations under s. 71.22
(1) (1g), "claimant" means each individual partner.
AB133-SSA1,946,3
171.58
(1) (cm) For limited liability companies, except limited liability
2companies treated as corporations under s. 71.22
(1)
(1g), "claimant" means each
3individual member.
AB133-SSA1, s. 1784
4Section
1784. 71.64 (9) (b) of the statutes is renumbered 71.64 (9) (b) (intro.)
5and amended to read:
AB133-SSA1,946,96
71.64
(9) (b) (intro.) The department shall from time to time adjust the
7withholding tables to reflect any changes in income tax rates, any applicable surtax
8or any changes in dollar amounts in s. 71.06 (1), (1m)
, (1n), (1p) and (2) resulting from
9statutory changes, except
that the as follows:
AB133-SSA1,946,14
101. The department may not adjust the withholding tables to reflect the changes
11in rates in s. 71.06 (1m) and (2) (c) and (d) and any changes in dollar amounts with
12respect to bracket indexing under s. 71.06 (2e)
, with respect to changes in rates under
13s. 71.06 (1m) and (2) (c) and (d), and with respect to standard deduction indexing
14under s. 71.05 (22) (ds) for any taxable year that begins before January 1, 2000.
AB133-SSA1,947,2
15(c) The tables shall account for the working families tax credit under s. 71.07
16(5m)
, subject to s. 71.07 (5m) (e). The tables shall be extended to cover from zero to
1710 withholding exemptions, shall assume that the payment of wages in each pay
18period will, when multiplied by the number of pay periods in a year, reasonably
19reflect the annual wage of the employe from the employer and shall be based on the
20further assumption that the annual wage will be reduced for allowable deductions
21from gross income. The department may determine the length of the tables and a
22reasonable span for each bracket. In preparing the tables the department shall
23adjust all withholding amounts not an exact multiple of 10 cents to the next highest
24figure that is a multiple of 10 cents. The department shall also provide instructions
1with the tables for withholding with respect to quarterly, semiannual and annual pay
2periods.
AB133-SSA1,947,74
71.64
(9) (b) 2. The department shall adjust the withholding tables to reflect
5the changes in rates in s. 71.06 (1n), (1p) and (2) (e), (f), (g) and (h) and any changes
6in dollar amounts with respect to bracket indexing, with respect to changes in rates
7under s. 71.06 (1p) and (2) (g) and (h) on July 1, 2000.
AB133-SSA1,947,139
71.67
(4) (a) The administrator of the lottery division in the department under
10ch. 565 shall withhold from any lottery prize of $2,000 or more an amount determined
11by multiplying the amount of the prize by the highest rate applicable to individuals
12under s. 71.06 (1)
or, (1m)
, (1n) or (1p). The administrator shall deposit the amounts
13withheld, on a monthly basis, as would an employer depositing under s. 71.65 (3) (a).
AB133-SSA1,947,2015
71.67
(5) (a)
Wager winnings. A person holding a license to sponsor and
16manage races under s. 562.05 (1) (b) or (c) shall withhold from the amount of any
17payment of pari-mutuel winnings under s. 562.065 (3) (a) or (3m) (a) an amount
18determined by multiplying the amount of the payment by the highest rate applicable
19to individuals under s. 71.06 (1) (a) to (c)
or, (1m)
, (1n) or (1p) if the amount of the
20payment is more than $1,000.