(9) INTEREST FOR UNDERPAYMENT OF ESTIMATED TAX. (a) General. The amount of interest that is due for an underpayment of estimated taxes under sub. (8) shall be computed as follows:
1. For the first year in which a combined report is filed, the amount of interest that is due for an underpayment of estimated taxes shall be determined by using the aggregate of the tax and income shown on the returns filled by the members of the group for the previous year.
2. For estimated taxes paid under sub. (8) (c), the amount of interest that is due from a group member for an underpayment of estimated taxes paid by the group member shall be determined by using the group member's separate items from the combined report filed for the previous year and the group member's allocated share of the combined estimated payments for the current year. The designated agent shall report the group member's allocated share of the combined estimated payments for the current year to the department, in the manner prescribed by the department.
(b) Entering a group. For a corporation that becomes a member of an affiliated group during a common accounting period under sub. (3), the amount of interest that is due for an underpayment of estimated taxes shall be allocated to the corporation as follows:
1. If a corporation becomes a member of an affiliated group at the beginning of a common accounting period, the corporation shall include with the corresponding items on the combined report for the previous common accounting period the separate items shown on the corporation's return for the previous taxable year.
2. If a corporation is not a member of an affiliated group for an entire common accounting period, the corporation shall include with the corresponding items on the combined report for the current taxable year the corporation's separate items for that portion of the common accounting period that the corporation was a member of the affiliated group.
3. To determine the separate items under subds. 1. and 2., if a corporation is a member of an affiliated group during a portion of a common accounting period in which the corporation becomes a member of another affiliated group, the corporation's separate items shall include the separate items that are attributed to the corporation by the designated agent of the first affiliated group.
(c) Leaving a group. For a corporation that leaves an affiliated group during a common accounting period under sub. (3), the amount of interest that is due for an underpayment of estimated taxes shall be allocated as follows:
1. The separate items attributed by the designated agent to the corporation for the common accounting period during which the corporation leaves the affiliated group shall be excluded from the corresponding items of the affiliated group for the current common accounting period and all the common accounting periods following the corporation's departure from the affiliated group.
2. A corporation that leaves an affiliated group shall consider the separate items attributed to the corporation by the designated agent of the affiliated group to determine the amount of interest that is due from the corporation for an underpayment of estimated taxes under sub. (8).
(10) ASSESSMENT NOTICE. If the department sends a notice of taxes that are owed by an affiliated group to the designated agent, the notice shall name each corporation that is a member of the affiliated group during any part of the period covered by the notice. The department's failure to name a member of the affiliated group on a notice under this subsection shall not invalidate the notice as to the unnamed member of the affiliated group. Any levy, lien or other proceeding to collect the amount of a tax assessment under this section shall name the corporation from which the department shall collect the assessment. If a corporation that joined in the filing of a combined report leaves the affiliated group, the department shall send the corporation a copy of any notice sent to the affiliated group under this subsection if the corporation notifies the department that the corporation is no longer a member of the affiliated group and if the corporation requests in writing that the department send notices under this subsection to the corporation. The department's failure to comply with a corporation's request to receive a notice does not affect the tax liability of the corporation.
(11) LIABILITY FOR TAX, INTEREST AND PENALTY. If members of an affiliated group file a combined report, the members of the affiliated group shall be jointly and severally liable for any combined tax, interest or penalty. The liability of a member of an affiliated group for any combined tax, interest or penalty shall not be reduced by an agreement with another member of the affiliated group or by an agreement with another person.
(12) PRESUMPTIONS AND BURDEN OF PROOF. An affiliated group shall be presumed to be engaged in a unitary business and all of the income of the unitary business shall be presumed to be apportionable business income under this section. A corporation, partnership, limited liability company or tax-option corporation has the burden of proving that it is not a member of an affiliated group that is subject to this section. The department shall promulgate rules to implement this section.
SECTION 1740. 71.26 (1) (b) of the statutes is amended to read:
71.26 (1) (b) Political units. Income received by the United States, the state and all counties, cities, villages, towns, school districts, technical college districts, joint local water authorities created under s. 66.0735, family care districts under s. 46.2895 or other political units of this state.
SECTION 1741. 71.26 (3) (L) of the statutes is amended to read:
71.26 (3) (L) Section 265 is excluded and replaced by the rule that any amount otherwise deductible under this chapter that is directly or indirectly related to income wholly exempt from taxes imposed by this chapter or to losses from the sale or other disposition of assets the gain from which would be exempt under this paragraph if the assets were sold or otherwise disposed of at a gain is not deductible. In this paragraph, "wholly exempt income", for corporations subject to franchise or income taxes, includes amounts received from affiliated or subsidiary corporations for interest, dividends or capital gains that, because of the degree of common ownership, control or management between the payor and payee, are not subject to taxes under this chapter. In this paragraph, "wholly exempt income", for corporations subject to income taxation under this chapter, also includes interest on obligations of the United States. In this paragraph, "wholly exempt income" does not include income excludable, not recognized, exempt or deductible under specific provisions of this chapter. If any expense or amount otherwise deductible is indirectly related both to wholly exempt income or loss and to other income or loss, a reasonable proportion of the expense or amount shall be allocated to each type of income or loss, in light of all the facts and circumstances.
SECTION 1742. 71.28 (1dj) (am) 3. of the statutes is amended to read:
71.28 (1dj) (am) 3. Modify the rule for certification under section 51 (d) (16) (A) of the internal revenue code to allow certification within the 90-day period beginning with the first day of employment of the employe by the claimant.
SECTION 1743. 71.28 (1dx) (b) 4. of the statutes is amended to read:
71.28 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 560.785 (1) (b) (bm) by the number of full-time jobs retained, as provided in the rules under s. 560.785, excluding jobs for which a credit has been claimed under sub. (1dj), in a an enterprise development zone under s. 560.797 and filled by a member of a targeted group for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
SECTION 1744. 71.28 (2) of the statutes is amended to read:
71.28 (2) FARMLAND PRESERVATION CREDIT, FARMLAND PRESERVATION ACREAGE CREDIT. The farmland preservation credit and the farmland preservation acreage credit under subch. IX may be claimed against taxes otherwise due subject to the provisions, requirements and conditions of that subchapter.
SECTION 1745. 71.28 (4) (a) of the statutes is amended to read:
71.28 (4) (a) Credit. Any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and, (d), (dc), (dg), (dn) and (dr). Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph.
SECTION 1746. 71.28 (4) (am) 1. of the statutes is amended to read:
71.28 (4) (am) Development zone additional research credit. 1. In addition to the credit under par. (a), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and, (d), (dc), (dg), (dn) and (dr) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this subdivision. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this subdivision. Section 41 (h) of the internal revenue code does not apply to the credit under this subdivision.
SECTION 1747. 71.29 (2) of the statutes is amended to read:
71.29 (2) WHO SHALL PAY. Every Except as provided in s. 71.255 (8), a corporation subject to tax under s. 71.23 (1) or (2) and every virtually exempt entity subject to tax under s. 71.125 or 71.23 (1) or (2) shall pay an estimated tax.
SECTION 1748. 71.30 (3) (f) of the statutes is amended to read:
71.30 (3) (f) The total of farmers' drought property tax credit under s. 71.28 (1fd), farmland preservation credit and farmland preservation acreage credit under subch. IX, farmland tax relief credit under s. 71.28 (2m) and estimated tax payments under s. 71.29.
SECTION 1749. 71.44 (1) (e) of the statutes is created to read:
71.44 (1) (e) A corporation that is a member of an affiliated group, as defined in s. 71.255 (1) (a), and engaged in a unitary business, as defined in s. 71.255 (1) (g), shall file a tax return under s. 71.255.
SECTION 1750. 71.45 (3) (intro.) of the statutes is amended to read:
71.45 (3) APPORTIONMENT. (intro.) With Except as provided in pars. (a) and (b), with respect to domestic insurers not engaged in the sale of life insurance but which, in the taxable year, have collected premiums written on subjects of insurance resident, located or to be performed outside this state, there shall be subtracted from the net income figure derived by application of sub. (2) (a) to arrive at Wisconsin income constituting the measure of the franchise tax an amount calculated by multiplying such adjusted federal taxable income by the arithmetic average of the following 2 percentages:
SECTION 1751. 71.45 (3) (a) of the statutes is amended to read:
71.45 (3) (a) The percentage of total premiums written on all property and risks other than life insurance, wherever located during the taxable year, as reflects premiums written on insurance, other than life insurance, where the subject of insurance was resident, located or to be performed outside this state. For taxable years beginning after December 31, 1999, the premiums percentage under this paragraph is the only percentage applied to the apportionment calculations in this paragraph and in sub. (3m).
SECTION 1752. 71.45 (3) (b) of the statutes is renumbered 71.45 (3) (b) 1. and amended to read:
71.45 (3) (b) 1. The percentage of total payroll, exclusive of life insurance payroll, paid everywhere in the taxable year as reflects such compensation paid outside this state. The payroll percentage under this paragraph does not apply to the apportionment calculations under this paragraph and under sub. (3m) for taxable years beginning after December 31, 1999.
2. Compensation is paid outside this state if the individual's service is performed entirely outside this state; or the individual's service is performed both within and without this state, but the service performed within is incidental to the individual's service without this state; or some service is performed without this state and the base of operations, or if there is no base of operations, the place from which the service is directed or controlled is without this state, or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is outside this state.
SECTION 1753. 71.45 (3m) of the statutes is amended to read:
71.45 (3m) ARITHMETIC AVERAGE. The Except as provided in pars. (a) and (b), the arithmetic average of the 2 percentages referred to in sub. (3) shall be applied to the net income figure arrived at by the successive application of sub. (2) (a) and (b) with respect to Wisconsin insurers to which sub. (2) (a) and (b) applies and which have collected premiums written upon insurance, other than life insurance, where the subject of such insurance was resident, located or to be performed outside this state, to arrive at Wisconsin income constituting the measure of the franchise tax.
SECTION 1754. 71.46 (3) of the statutes is repealed.
SECTION 1755. 71.47 (1dj) (am) 3. of the statutes is amended to read:
71.47 (1dj) (am) 3. Modify the rule for certification under section 51 (d) (16) (A) of the internal revenue code to allow certification within the 90-day period beginning with the first day of employment of the employe by the claimant.
SECTION 1756. 71.47 (1dx) (b) 4. of the statutes is amended to read:
71.47 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 560.785 (1) (b) (bm) by the number of full-time jobs retained, as provided in the rules under s. 560.785, excluding jobs for which a credit has been claimed under sub. (1dj), in a an enterprise development zone under s. 560.797 and filled by a member of a targeted group for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
SECTION 1757. 71.47 (2) of the statutes is amended to read:
71.47 (2) FARMLAND PRESERVATION CREDIT, FARMLAND PRESERVATION ACREAGE CREDIT. The farmland preservation credit and the farmland preservation acreage credit under subch. IX may be claimed against taxes otherwise due.
SECTION 1758. 71.47 (4) (a) of the statutes is amended to read:
71.47 (4) (a) Credit. Any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and, (d), (dc), (dg), (dn) and (dr). Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph.
SECTION 1759. 71.47 (4) (am) of the statutes is amended to read:
71.47 (4) (am) Development zone additional research credit. In addition to the credit under par. (a), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and, (d), (dc), (dg), (dn) and (dr) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this paragraph. Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph. No credit may be claimed under this paragraph for taxable years that begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
SECTION 1760. 71.48 of the statutes is amended to read:
71.48 Payments of estimated taxes. Sections Except as provided in s. 71.255 (8), ss. 71.29 and 71.84 (2) shall apply to insurers subject to taxation under this chapter.
SECTION 1761. 71.49 (1) (f) of the statutes is amended to read:
71.49 (1) (f) The total of farmers' drought property tax credit under s. 71.47 (1fd), farmland preservation credit and farmland preservation acreage credit under subch. IX, farmland tax relief credit under s. 71.47 (2m) and estimated tax payments under s. 71.48.
SECTION 1762. 71.54 (1) (d) (intro.) of the statutes is amended to read:
71.54 (1) (d) 1991 and thereafter to 1999. (intro.) The amount of any claim filed in 1991 and thereafter to 1999 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
SECTION 1763. 71.54 (1) (e) of the statutes is created to read:
71.54 (1) (e) 2000 and thereafter. The amount of any claim filed in 2000 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 11.8% of the household income exceeding $8,000.
3. No credit may be allowed if the household income of a claimant exceeds $20,290.
SECTION 1764. 71.54 (2) (a) (intro.) of the statutes is amended to read:
71.54 (2) (a) (intro.) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received relief from any county under s. 59.53 (21) equal to or in excess of $400, participated in Wisconsin works under s. 49.147 (4) or (5) or 49.148 (1m) or received assistance under s. 49.19, except assistance received:
SECTION 1765. 71.58 (8) of the statutes is amended to read:
71.58 (8) "Property taxes accrued" means property taxes, exclusive of special assessments, delinquent interest and charges for service, levied on the farmland and improvements owned by the claimant or any member of the claimant's household in any calendar year under ch. 70, less the tax credit, if any, afforded in respect of the property by s. 79.10. "Property taxes accrued" shall not exceed $6,000 the amount described as the maximum excessive property tax in s. 71.60 (1) (a). If farmland is owned by a tax-option corporation, a limited liability company or by 2 or more persons or entities as joint tenants, tenants in common or partners or is marital property or survivorship marital property and one or more such persons, entities or owners is not a member of the claimant's household, "property taxes accrued" is that part of property taxes levied on the farmland, reduced by the tax credit under s. 79.10, that reflects the ownership percentage of the claimant and the claimant's household. For purposes of this subsection, property taxes are "levied" when the tax roll is delivered to the local treasurer for collection. If farmland is sold during the calendar year of the levy the "property taxes accrued" for the seller is the amount of the tax levy, reduced by the tax credit under s. 79.10, prorated to each in the closing agreement pertaining to the sale of the farmland, except that if the seller does not reimburse the buyer for any part of those property taxes there are no "property taxes accrued" for the seller, and the "property taxes accrued" for the buyer is the property taxes levied on the farmland, reduced by the tax credit under s. 79.10, minus, if the seller reimburses the buyer for part of the property taxes, the amount prorated to the seller in the closing agreement. With the claim for credit under this subchapter, the seller shall submit a copy of the closing agreement and the buyer shall submit a copy of the closing agreement and a copy of the property tax bill.
SECTION 1766. 71.59 (1) (a) of the statutes is amended to read:
71.59 (1) (a) Subject to the limitations provided in this subchapter and s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income or franchise taxes otherwise due, the amount derived under s. 71.60 or the amount derived under s. 71.605, or both. If the allowable amount of claim exceeds the income or franchise taxes otherwise due on or measured by the claimant's income or if there are no Wisconsin income or franchise taxes due on or measured by the claimant's income, the amount of the claim not used as an offset against income or franchise taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft drawn on the general fund.
SECTION 1767. 71.59 (1) (b) (intro.) of the statutes is amended to read:
71.59 (1) (b) (intro.) Every claimant under this subchapter section and s. 71.60 shall supply, at the request of the department, in support of the claim, all of the following:
SECTION 1768. 71.59 (1) (b) 5. of the statutes is created to read:
71.59 (1) (b) 5. A copy of a certificate of compliance, issued by the land conservation committee of each of the counties that have jurisdiction over the farmland, that certifies that the soil and water standards that apply to the farmland under s. 92.105 (1), (2) and (3) are being met.
SECTION 1769. 71.59 (1) (c) of the statutes is amended to read:
71.59 (1) (c) A farmland preservation agreement submitted under par. (b) 3. shall contain provisions specified under s. 91.13 (8) including either a provision requiring farming operations to be conducted in substantial accordance with a soil and water conservation plan prepared under s. 92.104, 1997 stats., or a provision requiring farming operations to be conducted in compliance with reasonable soil and water conservation standards established under s. 92.105.
SECTION 1770. 71.59 (1) (d) (intro.) of the statutes is amended to read:
71.59 (1) (d) (intro.) The certificate of the zoning authority submitted under par. (b) 3. 5. shall certify:
SECTION 1771. 71.59 (1) (d) 1. of the statutes is amended to read:
71.59 (1) (d) 1. That the lands are within the boundaries of an agricultural zoning district which is part of an adopted ordinance meeting the standards of subch. V of ch. 91 and certified under s. 91.06, 1997 stats.
SECTION 1772. 71.59 (2) (intro.) of the statutes is amended to read:
71.59 (2) INELIGIBLE CLAIMS. (intro.) No credit shall be allowed under this subchapter section and s. 71.60:
SECTION 1773. 71.59 (2) (b) of the statutes is amended to read:
71.59 (2) (b) If a notice of noncompliance with an applicable soil and water conservation plan under s. 92.104, 1997 stats., is in effect with respect to the claimant at the time the claim is filed.
SECTION 1774. 71.59 (2) (d) of the statutes is amended to read:
71.59 (2) (d) For property taxes accrued on farmland zoned for exclusive agricultural use under an ordinance certified under subch. V of ch. 91 s. 91.06, 1997 stats., which is granted a special exception or conditional use permit for a use which is not an agricultural use, as defined in s. 91.01 (1).
SECTION 1775. 71.60 (1) (a) of the statutes is amended to read:
71.60 (1) (a) The amount of excessive property taxes shall be computed by subtracting from property taxes accrued the amount of 7% of the 2nd $5,000 of household income plus 9% of the 3rd $5,000 of household income plus 11% of the 4th $5,000 of household income plus 17% of the 5th $5,000 of household income plus 27% of the 6th $5,000 of household income plus 37% of household income in excess of $30,000. The maximum excessive property tax which can be utilized is $6,000 for claims that are calculated under par. (b) and the maximum excessive property tax which can be utilized is $4,000 for claims that are calculated under par. (bm).
SECTION 1776. 71.60 (1) (b) of the statutes is amended to read:
