Amendment SA15-SSA1-SB44

LRBb0645/1

JK&DAK:kg:rs

2003 - 2004 LEGISLATURE

SENATE AMENDMENT 15, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2003 SENATE BILL 44

June 18, 2003 - Offered by Senators Breske, Carpenter, Chvala, Decker, Erpenbach, George, Hansen, Jauch, Lassa, M. Meyer, Moore, Plale, Risser, Robson and Wirch.

SB44-SSA1-SA15,1,1 At the locations indicated, amend the substitute amendment as follows:

SB44-SSA1-SA15,1,2 1. Page 613, line 14: after that line insert:

SB44-SSA1-SA15,1,4 " Section 1580eb. 71.04 (4) of the statutes is renumbered 71.04 (4) (intro.) and amended to read:

SB44-SSA1-SA15,2,11 71.04 (4) Nonresident allocation and apportionment formula. (intro.) Nonresident individuals and nonresident estates and trusts engaged in business within and without the state shall be taxed only on such income as is derived from business transacted and property located within the state. The amount of such income attributable to Wisconsin may be determined by an allocation and separate accounting thereof, when the business of such nonresident individual or nonresident estate or trust within the state is not an integral part of a unitary business, but the department of revenue may permit an allocation and separate accounting in any case in which it is satisfied that the use of such method will properly reflect the income taxable by this state. In all cases in which allocation and separate accounting is not permissible, the determination shall be made in the following manner: for all businesses except air carriers, financial organizations, pipeline companies, public utilities, railroads, sleeping car companies and car line companies there shall first be deducted from the total net income of the taxpayer the part thereof (less related expenses, if any) that follows the situs of the property or the residence of the recipient. The remaining net income shall be apportioned to Wisconsin this state by use of an apportionment fraction composed of a sales factor representing 50% of the fraction, a property factor representing 25% of the fraction and a payroll factor representing 25% of the fraction. the following:

SB44-SSA1-SA15, s. 1580ec Section 1580ec. 71.04 (4) (a) of the statutes is created to read:

SB44-SSA1-SA15,2,16 71.04 (4) (a) For taxable years beginning before January 1, 2004, an apportionment fraction composed of a sales factor under sub. (7) representing 50% of the fraction, a property factor under sub. (5) representing 25% of the fraction, and a payroll factor under sub. (6) representing 25% of the fraction.

SB44-SSA1-SA15, s. 1580ed Section 1580ed. 71.04 (4) (b) of the statutes is created to read:

SB44-SSA1-SA15,2,21 71.04 (4) (b) For taxable years beginning after December 31, 2003, and before January 1, 2005, an apportionment fraction composed of a sales factor under sub. (7) representing 60% of the fraction, a property factor under sub. (5) representing 20% of the fraction, and a payroll factor under sub. (6) representing 20% of the fraction.

SB44-SSA1-SA15, s. 1580ee Section 1580ee. 71.04 (4) (c) of the statutes is created to read:

SB44-SSA1-SA15,3,2 71.04 (4) (c) For taxable years beginning after December 31, 2004, and before January 1, 2006, an apportionment fraction composed of a sales factor under sub. (7) representing 80% of the fraction, a property factor under sub. (5) representing 10% of the fraction, and a payroll factor under sub. (6) representing 10% of the fraction.

SB44-SSA1-SA15, s. 1580ef Section 1580ef. 71.04 (4) (d) of the statutes is created to read:

SB44-SSA1-SA15,3,5 71.04 (4) (d) For taxable years beginning after December 31, 2005, an apportionment fraction composed of the sales factor under sub. (7).

SB44-SSA1-SA15, s. 1580eg Section 1580eg. 71.04 (4) (e) of the statutes is created to read:

SB44-SSA1-SA15,3,13 71.04 (4) (e) For taxable years beginning after December 31, 2003, and before January 1, 2006, the apportionment fraction for the remaining net income of a financial organization shall include a sales factor that represents more than 50% of the apportionment fraction, as determined by rule by the department. For taxable years beginning after December 31, 2005, the apportionment fraction for the remaining net income of a financial organization is composed of a sales factor, as determined by rule by the department.

SB44-SSA1-SA15, s. 1580eh Section 1580eh. 71.04 (4m) of the statutes is created to read:

SB44-SSA1-SA15,3,19 71.04 (4m) Apportionment formula computation. (a) 1. For taxable years beginning before January 1, 2006, if both the numerator and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income are zero, the sales factor under sub. (7) is eliminated from the apportionment formula to determine the taxpayer's remaining net income under sub. (4).

SB44-SSA1-SA15,3,23 2. For taxable years beginning after December 31, 2005, if both the numerator and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income are zero, none of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15,4,3 (b) 1. For taxable years beginning before January 1, 2006, if the numerator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a negative number and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a positive number, a negative number, or zero, the sales factor under sub. (7) is zero.

SB44-SSA1-SA15,4,8 2. For taxable years beginning after December 31, 2005, if the numerator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a negative number and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a positive number, a negative number, or zero, none of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15,4,13 (c) 1. For taxable years beginning before January 1, 2006, if the numerator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a positive number and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income is zero or a negative number, the sales factor under sub. (7) is one.

SB44-SSA1-SA15,4,18 2. For taxable years beginning after December 31, 2005, if the numerator of the sales factor under sub. (7) related to a taxpayer's remaining net income is a positive number and the denominator of the sales factor under sub. (7) related to a taxpayer's remaining net income is zero or a negative number, all of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15, s. 1580ej Section 1580ej. 71.04 (5) (intro.) of the statutes is amended to read:

SB44-SSA1-SA15,4,21 71.04 (5) Property factor. (intro.) For purposes of sub. (4) and for taxable years beginning before January 1, 2006:

SB44-SSA1-SA15, s. 1580ek Section 1580ek. 71.04 (6) (intro.) of the statutes is amended to read:

SB44-SSA1-SA15,4,24 71.04 (6) Payroll factor. (intro.) For purposes of sub. (4) and for taxable years beginning before January 1, 2006:

SB44-SSA1-SA15, s. 1580eL Section 1580eL. 71.04 (7) (d) of the statutes is amended to read:

SB44-SSA1-SA15,5,8 71.04 (7) (d) Sales, other than sales of tangible personal property, are in this state if the income-producing activity is performed in this state. If the income-producing activity is performed both in and outside this state the sales shall be divided between those states having jurisdiction to tax such business in proportion to the direct costs of performance incurred in each such state in rendering this service. Services performed in states which do not have jurisdiction to tax the business shall be deemed to have been performed in the state to which compensation is allocated by sub. s. 71.04 (6) , 2001 stats.

SB44-SSA1-SA15, s. 1580em Section 1580em. 71.04 (8) (b) of the statutes is renumbered 71.04 (8) (b) 1. and amended to read:

SB44-SSA1-SA15,5,17 71.04 (8) (b) 1. "Public For taxable years beginning before January 1, 2004, "public utility", as used in this section, means any business entity described under subd. 2. and any business entity which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications or the production, transmission, sale, delivery, or furnishing of electricity, water or steam, the rates of charges for goods or services of which have been established or approved by a federal, state or local government or governmental agency. " Public

SB44-SSA1-SA15,5,23 2. In this section, for taxable years beginning after December 31, 2003, "public utility" also means any business entity providing service to the public and engaged in the transportation of goods and persons for hire, as defined in s. 194.01 (4), regardless of whether or not the entity's rates or charges for services have been established or approved by a federal, state or local government or governmental agency.

SB44-SSA1-SA15, s. 1580en Section 1580en. 71.04 (8) (c) of the statutes is amended to read:

SB44-SSA1-SA15,6,5 71.04 (8) (c) The net business income of railroads, sleeping car companies, car line companies, pipeline companies, financial organizations, air carriers, and public utilities requiring apportionment shall be apportioned pursuant to rules of the department of revenue, but the income taxed is limited to the income derived from business transacted and property located within the state.

SB44-SSA1-SA15, s. 1580ep Section 1580ep. 71.04 (10) of the statutes is amended to read:

SB44-SSA1-SA15,6,17 71.04 (10) Department may waive factor. Where, in the case of any nonresident individual or nonresident estate or trust engaged in business within in and without the outside of this state of Wisconsin and required to apportion its income as provided in this section, it shall be shown to the satisfaction of the department of revenue that the use of any one of the 3 factors provided under sub. (4) gives an unreasonable or inequitable final average ratio because of the fact that such nonresident individual or nonresident estate or trust does not employ, to any appreciable extent in its trade or business in producing the income taxed, the factors made use of in obtaining such ratio, this factor may, with the approval of the department of revenue, be omitted in obtaining the final average ratio which is to be applied to the remaining net income. This subsection does not apply to taxable years beginning after December 31, 2005.".

SB44-SSA1-SA15,6,18 2. Page 633, line 4: after that line insert:

SB44-SSA1-SA15,6,20 " Section 1582dpb. 71.25 (6) of the statutes is renumbered 71.25 (6) (intro.) and amended to read:

SB44-SSA1-SA15,7,16 71.25 (6) Allocation and separate accounting and apportionment formula. (intro.) Corporations engaged in business within and without the state shall be taxed only on such income as is derived from business transacted and property located within the state. The amount of such income attributable to Wisconsin may be determined by an allocation and separate accounting thereof, when the business of such corporation within the state is not an integral part of a unitary business, but the department of revenue may permit an allocation and separate accounting in any case in which it is satisfied that the use of such method will properly reflect the income taxable by this state. In all cases in which allocation and separate accounting is not permissible, the determination shall be made in the following manner: for all businesses except air carriers, financial organizations, pipeline companies, public utilities, railroads, sleeping car companies, car line companies and corporations or associations that are subject to a tax on unrelated business income under s. 71.26 (1) (a) there shall first be deducted from the total net income of the taxpayer the part thereof (less related expenses, if any) that follows the situs of the property or the residence of the recipient. The remaining net income shall be apportioned to Wisconsin this state by use of an apportionment fraction composed of a sales factor under sub. (9) representing 50% of the fraction, a property factor under sub. (7) representing 25% of the fraction and a payroll factor under sub. (8) representing 25% of the fraction. the following:

SB44-SSA1-SA15, s. 1582dpc Section 1582dpc. 71.25 (6) (a) of the statutes is created to read:

SB44-SSA1-SA15,7,21 71.25 (6) (a) For taxable years beginning before January 1, 2004, an apportionment fraction composed of a sales factor under sub. (9) representing 50% of the fraction, a property factor under sub. (7) representing 25% of the fraction, and a payroll factor under sub. (8) representing 25% of the fraction.

SB44-SSA1-SA15, s. 1582dpd Section 1582dpd. 71.25 (6) (b) of the statutes is created to read:

SB44-SSA1-SA15,8,2 71.25 (6) (b) For taxable years beginning after December 31, 2003, and before January 1, 2005, an apportionment fraction composed of a sales factor under sub. (9) representing 60% of the fraction, a property factor under sub. (7) representing 20% of the fraction, and a payroll factor under sub. (8) representing 20% of the fraction.

SB44-SSA1-SA15, s. 1582dpe Section 1582dpe. 71.25 (6) (c) of the statutes is created to read:

SB44-SSA1-SA15,8,7 71.25 (6) (c) For taxable years beginning after December 31, 2004, and before January 1, 2006, an apportionment fraction composed of a sales factor under sub. (9) representing 80% of the fraction, a property factor under sub. (7) representing 10% of the fraction, and a payroll factor under sub. (8) representing 10% of the fraction.

SB44-SSA1-SA15, s. 1582dpf Section 1582dpf. 71.25 (6) (d) of the statutes is created to read:

SB44-SSA1-SA15,8,10 71.25 (6) (d) For taxable years beginning after December 31, 2005, an apportionment fraction composed of the sales factor under sub. (9).

SB44-SSA1-SA15, s. 1582dpg Section 1582dpg. 71.25 (6) (e) of the statutes is created to read:

SB44-SSA1-SA15,8,18 71.25 (6) (e) For taxable years beginning after December 31, 2003, and before January 1, 2006, the apportionment fraction for the remaining net income of a financial organization shall include a sales factor that represents more than 50% of the apportionment fraction, as determined by rule by the department. For taxable years beginning after December 31, 2005, the apportionment fraction for the remaining net income of a financial organization is composed of a sales factor, as determined by rule by the department.

SB44-SSA1-SA15, s. 1582dph Section 1582dph. 71.25 (6m) of the statutes is created to read:

SB44-SSA1-SA15,8,24 71.25 (6m) Apportionment formula computation. (a) 1. For taxable years beginning before January 1, 2006, if both the numerator and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income are zero, the sales factor under sub. (9) is eliminated from the apportionment formula to determine the taxpayer's remaining net income under sub. (6).

SB44-SSA1-SA15,9,4 2. For taxable years beginning after December 31, 2005, if both the numerator and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income are zero, none of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15,9,9 (b) 1. For taxable years beginning before January 1, 2006, if the numerator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a negative number and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a positive number, a negative number, or zero, the sales factor under sub. (9) is zero.

SB44-SSA1-SA15,9,14 2. For taxable years beginning after December 31, 2005, if the numerator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a negative number and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a positive number, a negative number, or zero, none of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15,9,19 (c) 1. For taxable years beginning before January 1, 2006, if the numerator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a positive number and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income is zero or a negative number, the sales factor under sub. (9) is one.

SB44-SSA1-SA15,9,24 2. For taxable years beginning after December 31, 2005, if the numerator of the sales factor under sub. (9) related to a taxpayer's remaining net income is a positive number and the denominator of the sales factor under sub. (9) related to a taxpayer's remaining net income is zero or a negative number, all of the taxpayer's remaining net income is apportioned to this state.

SB44-SSA1-SA15, s. 1582dpi Section 1582dpi. 71.25 (7) (intro.) of the statutes is amended to read:

SB44-SSA1-SA15,10,2 71.25 (7) Property factor. (intro.) For purposes of sub. (5) (6) and for taxable years beginning before January 1, 2006:

SB44-SSA1-SA15, s. 1582dpj Section 1582dpj. 71.25 (8) (intro.) of the statutes is amended to read:

SB44-SSA1-SA15,10,5 71.25 (8) Payroll factor. (intro.) For purposes of sub. (5) (6) and for taxable years beginning before January 1, 2006:

SB44-SSA1-SA15, s. 1582dpjm Section 1582dpjm. 71.25 (9) (a) of the statutes is amended to read:

SB44-SSA1-SA15,10,17 71.25 (9) (a) The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period. For sales of tangible personal property, the numerator of the sales factor is the sales of the taxpayer during the tax period under par. (b) 1. and 2. plus 50% of the sales of the taxpayer during the tax period under pars. (b) 2m. and 3. and (c). For purposes of determining the numerator of the sales factor for a member of a combined reporting group under s. 71.255 (7), "taxpayer" means the member of a combined reporting group, as defined in s. 71.255 (1) (c), that transferred title to tangible personal property or, for sales other than sales of tangible personal property, that made the sale.

SB44-SSA1-SA15, s. 1582dpk Section 1582dpk. 71.25 (9) (d) of the statutes is amended to read:

SB44-SSA1-SA15,11,2 71.25 (9) (d) Sales, other than sales of tangible personal property, are in this state if the income-producing activity is performed in this state. If the income-producing activity is performed both in and outside this state the sales shall be divided between those states having jurisdiction to tax such business in proportion to the direct costs of performance incurred in each such state in rendering this service. Services performed in states which do not have jurisdiction to tax the business shall be deemed to have been performed in the state to which compensation is allocated by sub. s. 71.25 (8) , 2001 stats.

SB44-SSA1-SA15, s. 1582dpL Section 1582dpL. 71.25 (10) (b) of the statutes is renumbered 71.25 (10) (b) 1. and amended to read: