Amendment SSA1-SB268

SB268-SSA1,9,24 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx) and (5r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).

SB268-SSA1, s. 10 Section 10. 71.47 (5r) of the statutes is created to read:

SB268-SSA1,10,1 71.47 (5r) Education credit. (a) In this subsection:

SB268-SSA1,10,2 1. "Claimant" means a corporation that files a claim under this subsection.

SB268-SSA1,10,4 2. "Degree-granting program" means an educational program for which an associate, a bachelor's, or a graduate degree is awarded upon successful completion.

SB268-SSA1,10,5 3. "Family member" has the meaning given in s. 157.061 (7).

SB268-SSA1,10,8 4. "Managing employee" means an individual who wholly or partially exercises operational or managerial control over, or who directly or indirectly conducts, the operation of the claimant's business.

SB268-SSA1,10,9 5. "Poverty line" has the meaning given under s. 49.001 (5).

SB268-SSA1,10,10 6. "Qualified postsecondary institution" means all of the following:

SB268-SSA1,10,13 a. A University of Wisconsin System institution, a technical college system institution, or a regionally accredited 4-year nonprofit college or university having its regional headquarters and principal place of business in this state.

SB268-SSA1,10,15 b. A school approved under s. 45.54, if the school has a physical presence, and the delivery of education occurs, in this state.

SB268-SSA1,10,17 (b) Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to the following:

SB268-SSA1,10,21 1. Fifty percent of the tuition that the claimant paid or incurred during the taxable year for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a degree-granting program.

SB268-SSA1,11,2 2. Seventy five percent of the tuition that the claimant paid or incurred during the taxable year for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a degree-granting program and if the individual's taxable income in the year prior to commencing participation in the education program in connection with which a credit is claimed is not more than 185% of the poverty line.

SB268-SSA1,11,7 (bm) 1. No credit may be allowed under par. (b) unless the claimant obtains written certification from a qualified postsecondary institution concerning the amount of tuition that the claimant paid or incurred during the taxable year for an individual to participate in an education program of the qualified postsecondary institution and includes a copy of the certification with the claimant's return.

SB268-SSA1,11,17 2. No credit may be allowed under par. (b) 2. unless the claimant obtains written certification from a qualified postsecondary institution that the taxable income of the individual for whom the claimant has paid or incurred tuition during the taxable year for the individual to participate in an education program of the qualified postsecondary institution is not more than 185% of the poverty line and includes a copy of the certification with the claimant's return. For purposes of this subdivision and par. (b) 2., if an individual for whom the claimant has paid or incurred tuition is claimed as a dependent on another person's tax return, the individual's taxable income shall be the taxable income of the person on whose return the individual is claimed as a dependent.

SB268-SSA1,11,20 3. No credit maybe allowed under par. (b) unless the claimant certifies to the department of revenue that the claimant will not be reimbursed for any amount of tuition for which the claimant claims a credit under par. (b).

SB268-SSA1,11,22 (c) A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant excluded under section 127 of the Internal Revenue Code.

SB268-SSA1,11,25 (cm) A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for a family member of a managing employee unless all of the following apply:

SB268-SSA1,12,4 1. The family member was employed an average of at least 20 hours a week as an employee of the claimant, or the claimant's business, during the one-year period prior to commencing participation in the education program in connection with which the claimant claims a credit under par. (b).

SB268-SSA1,12,6 2. The family member is enrolled in a degree-granting program that is substantially related to the claimant's business.

SB268-SSA1,12,8 3. The family member is making satisfactory progress towards completing the degree-granting program under subd. 2.

SB268-SSA1,12,10 (d) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit under s. 71.28 (4), apply to the credit under this subsection.

SB268-SSA1,12,18 (e) Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of tuition under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB268-SSA1,12,20 (f) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB268-SSA1,12,25 (g) The department of revenue shall biennially submit a report to the legislature under s. 13.172 (2) that identifies each qualified postsecondary institution for which it has received written certification from a claimant under par. (bm). The report shall specify the total amount of the tuition for each such institution that is claimed as a credit under this subsection in the previous biennium.

SB268-SSA1, s. 11 Section 11. 71.49 (1) (dm) of the statutes is created to read:

SB268-SSA1,13,2 71.49 (1) (dm) The education credit under s. 71.47 (5r).

SB268-SSA1, s. 12 Section 12. 77.92 (4) of the statutes, as affected by 2003 Wisconsin Act 99, is amended to read:

SB268-SSA1,13,19 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), and (3t), and (5r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income", with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

SB268-SSA1, s. 13 Section 13. Initial applicability.

SB268-SSA1,13,22 (1) Education credit. This act first applies to taxable years beginning on January 1, 2006.

SB268-SSA1,13,23 (End)