This bill provides that the commission shall not authorize construction of any
state office building to be located outside of a downtown area certified by the
Department of Commerce as required under the bill, unless the cost of locating the
building inside such a downtown area is more than 10% greater than the average cost
of locating the building in that portion of the geographic area that is served by the
functions to be performed in the building on the date of initial occupancy outside of
such a downtown area, as determined by the Department of Administration (DOA).
The bill also provides that the commission, in preparing its recommendations for the
long-range building program, shall not recommend construction of a state office
building to be located outside of such a downtown area, unless the commission would
be authorized to permit construction of that building in the recommended location.
In addition, the bill prohibits the commission from approving the lease of any
building for state office facilities to be located outside of such a downtown area unless
the cost of locating the facilities inside such a downtown area is more than 10%
greater than the average cost of locating the facilities in that portion of the
geographic area that is served by the functions to be performed in the facilities on
the date of initial occupancy under the lease outside of such a downtown area, as
determined by DOA.
This bill imposes additional requirements relating to highway projects that are
funded by the Department of Transportation (DOT) and that involve a highway in
a business area included in the State Main Street Program or in a downtown certified
by the Department of Commerce. First, DOT must consult, during preliminary
stages of a proposed highway project, on issues concerning the proposed project and
its effect on the business or certified downtown area with the Department of
Commerce and, unless none exists, with a local board or downtown planning
organization of that municipality. Second, DOT must give priority to retaining any
on-street parking with respect to a highway-widening project in a business or
certified downtown area.
This bill specifies that DOT, in providing any matching funds for local highway
projects, is required to fund the construction of any highway lane without regard to
whether it is a travel lane or a parking lane. This requirement applies only to local
highway projects that are in business areas under the State Main Street Program
or in downtowns certified by the Department of Commerce.
Major highway projects
Under current law, DOT administers a major highway projects program. A
major highway project is a project having a total cost of more than $5,000,000 and
involving construction of a new highway 2.5 miles or more in length; reconstruction
or reconditioning of an existing highway that relocates at least 2.5 miles of the
highway or adds one or more lanes at least five miles in length to the highway; or
improvement of an existing multilane divided highway to freeway standards. Any
major highway project, unlike other highway construction projects undertaken by
DOT, requires the approval of the Transportation Projects Commission and the
legislature before the project may be constructed. The current list of major highway
projects that are approved for construction includes six projects that involve
bypasses.
This bill provides that, prior to constructing a major highway project involving
a bypass, DOT must notify the governing body of the city, village, or town primarily
to be affected by the bypass of DOT's proposed construction of the bypass. If the
governing body of the city, village, or town adopts a resolution, within 90 days of
being notified by DOT, stating that an active bypass is in the best public interest of
the city, village, or town and sends a copy of the resolution to DOT within seven days
of its adoption, DOT is required to design and construct an active bypass. The bill
defines "active bypass" as a bypass of an existing highway that is designed and
constructed in such a way that access to the bypass requires motorists to exit the
existing highway in order to travel on the bypass.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB499, s. 1
1Section
1. 13.48 (7) of the statutes is amended to read:
AB499,7,52
13.48
(7) Biennial recommendations. The building commission shall prepare
3and formally adopt recommendations for the long-range state building program on
4a biennial basis. The building commission shall include in its report any projects
5proposed by the state fair park board involving a cost of not more than $250,000,
6together with the method of financing those projects proposed by the board, without
7recommendation. Unless a later date is requested by the building commission and
8approved by the joint committee on finance, the building commission shall, no later
9than the first Tuesday in April of each odd-numbered year, transmit the report
10prepared by the department of administration under s. 16.40 (20) and the
11commission's recommendations for the succeeding fiscal biennium that require
1legislative approval to the joint committee on finance in the form of proposed
2legislation prepared in proper form.
If the building commission includes any
3recommendation for construction of a state office building, the commission shall
4ensure that the recommended location of the building is consistent with construction
5requirements under sub. (10) (c).
AB499, s. 2
6Section
2. 13.48 (10) (c) of the statutes is created to read:
AB499,7,147
13.48
(10) (c) Unless otherwise required by law, the building commission shall
8not authorize the construction of any state office building, whether for utilization by
9a single agency or otherwise, to be located outside of a downtown area, as certified
10under s. 560.03 (21m), unless the cost of locating the building inside a downtown area
11is more than 10% greater than the average cost of locating the building in that
12portion of the geographic area that is served by the functions to be performed in the
13building on the date of initial occupancy outside of any downtown area, as
14determined by the department of administration.
AB499, s. 3
15Section
3. 13.48 (15) of the statutes is amended to read:
AB499,8,216
13.48
(15) Acquisition of leasehold interests. Subject to the requirements
17of s. 20.924 (1) (i), the building commission shall have the authority to acquire
18leasehold interests in land and buildings where such authority is not otherwise
19provided to an agency by law.
The building commission shall not approve any lease
20for state office facilities, whether for utilization by a single agency or otherwise, to
21be located outside of a downtown area, as certified under s. 560.03 (21m), unless the
22cost of locating the facilities inside a downtown area is more than 10% greater than
23the average cost of locating the facilities in that portion of the geographic area that
24is served by the functions to be performed in the facilities on the date of initial
1occupancy under the lease outside of any downtown area, as determined by the
2department of administration.
AB499, s. 4
3Section
4. 41.11 (1) (bm) of the statutes is created to read:
AB499,8,64
41.11
(1) (bm) Promote travel to business areas that are or have been the
5subject of revitalization efforts under the State Main Street Program under s.
6560.081 or that are certified downtowns under s. 560.03 (21m).
AB499, s. 5
7Section
5. 44.02 (24) of the statutes is renumbered 44.02 (24) (a).
AB499, s. 6
8Section
6. 44.02 (24) (b) of the statutes is created to read:
AB499,8,119
44.02
(24) (b) Charge a fee of $150 for a certification under par. (a). The
10historical society shall collect the fee under this paragraph when an applicant
11applies for certification under par. (a).
AB499, s. 7
12Section
7. 44.02 (24d) of the statutes is created to read:
AB499,8,1713
44.02
(24d) (a) Promulgate by rule procedures, standards, and forms necessary
14to certify, and shall certify, expenditures for preservation or rehabilitation of historic
15property for the purposes of ss. 71.07 (9m) (a) and (cm), 71.28 (6) (a) and (cm), and
1671.47 (6) (a) and (cm). Such standards shall be substantially similar to the standards
17used by the secretary of the interior to certify rehabilitations under
26 USC 47 (c) (2).
AB499,8,2218
(b) Charge a fee for a certification under par. (a) equal to 1% of the qualified
19rehabilitation expenditures for the historic property that is the subject of the
20certification, except that no fee under this paragraph may be less than $150 nor more
21than $10,000. The historical society shall collect the fee under this paragraph when
22an applicant applies for certification under par. (a).
AB499, s. 8
23Section
8. 59.69 (4m) of the statutes is amended to read:
AB499,9,924
59.69
(4m) Historic preservation. A county, as an exercise of its zoning and
25police powers for the purpose of promoting the health, safety and general welfare of
1the community and of the state, may regulate by ordinance any place, structure or
2object with a special character, historic interest, aesthetic interest or other
3significant value, for the purpose of preserving the place, structure or object and its
4significant characteristics. The county may create a landmarks commission to
5designate historic landmarks and establish historic districts. The county may
6regulate all historic landmarks and all property within each historic district to
7preserve the historic landmarks and property within the district and the character
8of the district
, and shall interpret the county's regulations liberally to facilitate the
9preservation and restoration of historic buildings and structures.
AB499, s. 9
10Section
9. 60.64 of the statutes is amended to read:
AB499,9,21
1160.64 Historic preservation. The town board, in the exercise of its zoning
12and police powers for the purpose of promoting the health, safety and general welfare
13of the community and of the state, may regulate any place, structure or object with
14a special character, historic interest, aesthetic interest or other significant value for
15the purpose of preserving the place, structure or object and its significant
16characteristics. The town board may create a landmarks commission to designate
17historic landmarks and establish historic districts. The board may regulate all
18historic landmarks and all property within each historic district to preserve the
19historic landmarks and property within the district and the character of the district
,
20and shall interpret the board's regulations liberally to facilitate the preservation and
21restoration of historic buildings and structures.
AB499, s. 10
22Section
10. 62.23 (7) (em) of the statutes is amended to read:
AB499,9,2523
62.23
(7) (em)
Historic preservation. A city, as an exercise of its zoning and
24police powers for the purpose of promoting the health, safety and general welfare of
25the community and of the state, may regulate by ordinance, or if a city contains any
1property that is listed on the national register of historic places in Wisconsin or the
2state register of historic places shall, not later than 1995, enact an ordinance to
3regulate, any place, structure or object with a special character, historic,
4archaeological or aesthetic interest, or other significant value, for the purpose of
5preserving the place, structure or object and its significant characteristics. A city
6may create a landmarks commission to designate historic or archaeological
7landmarks and establish historic districts. The city may regulate, or if the city
8contains any property that is listed on the national register of historic places in
9Wisconsin or the state register of historic places shall regulate, all historic or
10archaeological landmarks and all property within each historic district to preserve
11the historic or archaeological landmarks and property within the district and the
12character of the district
, and shall interpret the city's regulations liberally to
13facilitate the preservation and restoration of historic buildings and structures.
AB499, s. 11
14Section
11. 71.07 (5m) (a) 4. of the statutes is amended to read:
AB499,10,1615
71.07
(5m) (a) 4. "Net tax liability" means a claimant's income tax liability after
16he or she completes the computations listed in s. 71.10 (4) (a) to
(dr) (dm).
AB499, s. 12
17Section
12. 71.07 (9m) (a) of the statutes is renumbered 71.07 (9m) (a) 1. and
18amended to read:
AB499,11,219
71.07
(9m) (a) 1.
Any Except as provided in subd. 2., any person may
claim as
20a credit against
the taxes
otherwise due imposed under
this chapter
s. 71.02, up to
21the amount of those taxes, an amount equal to 5% of the costs of qualified
22rehabilitation expenditures, as defined in section
47 (c) (2) of the
internal revenue
23code Internal Revenue Code, for certified historic structures on property located in
24this state
, if the physical work of construction or destruction in preparation for
1construction begins after December 31, 1988, and the rehabilitated property is
2placed in service after June 30, 1989.
AB499, s. 13
3Section
13. 71.07 (9m) (a) 2. of the statutes is created to read:
AB499,11,154
71.07
(9m) (a) 2. A person who would otherwise be eligible to claim the
5rehabilitation credit under section
47 of the Internal Revenue Code, except that the
6rehabilitated property is not a certified historic structure, as defined in section
47 (c)
7(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
8s. 71.02, up to the amount of those taxes, an amount equal to 20% of the costs of
9qualified rehabilitation expenditures, as defined in section
47 (c) (2) of the Internal
10Revenue Code, for rehabilitated property in this state, if the rehabilitated property
11is located in a certified downtown under s. 560.03 (21m) or is included in a business
12area revitalization under s. 560.081; if the rehabilitation is approved by the state
13historical society before the physical work of construction, or destruction in
14preparation for construction, begins; and if the physical work of construction, or
15destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 14
16Section
14. 71.07 (9m) (c) of the statutes is amended to read:
AB499,11,2317
71.07
(9m) (c)
No Except as provided in par. (cm), no person may claim
the
a 18credit under this subsection unless the claimant includes with the claimant's return
19evidence that the rehabilitation was
approved recommended by the state historic
20preservation officer for approval by the secretary of the interior under
36 CFR 67.6 21before the physical work of construction, or destruction in preparation for
22construction, began
; and the claimant claims the credit for the same taxable year in
23which the claimant would have claimed the credit for federal purposes.
AB499, s. 15
24Section
15. 71.07 (9m) (cm) of the statutes is created to read:
AB499,12,11
171.07
(9m) (cm) A person whose qualified rehabilitation expenditures do not
2satisfy the adjusted basis requirement under section
47 (c) (1) of the Internal
3Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
4under section
47 of the Internal Revenue Code, may claim the credit under par. (a)
51., if the person's qualified rehabilitation expenditures, as defined in section
47 (c)
6(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
7approved by the state historical society before the physical work of construction, or
8destruction in preparation for construction, begins; if the person includes evidence
9of such approval with the person's return; and if the person claims the credit for the
10same taxable year in which the person would have claimed the credit for federal
11purposes.
AB499, s. 16
12Section
16. 71.07 (9m) (g) of the statutes is created to read:
AB499,12,2013
71.07
(9m) (g) A person who has incurred qualified rehabilitation
14expenditures, as defined in section
47 (c) (2) of the Internal Revenue Code, for
15certified historic structures located in this state, as described in par. (a), but who is
16not a resident of this state and who is not required to file a return under this chapter,
17may enter into an agreement with another person, with the department's approval
18and in the manner prescribed by the department, so that the other person may claim
19the credit under this subsection, if the other person is subject to the taxes imposed
20under s. 71.02.
AB499, s. 17
21Section
17. 71.07 (9m) (h) of the statutes is created to read:
AB499,13,522
71.07
(9m) (h) A person who receives a credit under this subsection shall add
23to the person's liability for taxes imposed under s. 71.02 one of the following
24percentages of the amount of the credits received under this subsection for
25rehabilitating or preserving the property if, within 5 years after the date on which
1the preservation or rehabilitation work that was the basis of the credit is completed,
2the person either sells or conveys the property by deed or land contract or the state
3historical society certifies to the department of revenue that the historic property has
4been altered to the extent that it does not comply with the standards promulgated
5under s. 44.02 (24d):
AB499,13,76
1. If the sale, conveyance, or noncompliance occurs during the first year after
7the date on which the preservation or rehabilitation is completed, 100%.
AB499,13,98
2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
9the date on which the preservation or rehabilitation is completed, 80%.
AB499,13,1110
3. If the sale, conveyance, or noncompliance occurs during the 3rd year after
11the date on which the preservation or rehabilitation is completed, 60%.
AB499,13,1312
4. If the sale, conveyance, or noncompliance occurs during the 4th year after
13the date on which the preservation or rehabilitation is completed, 40%.
AB499,13,1514
5. If the sale, conveyance, or noncompliance occurs during the 5th year after
15the date on which the preservation or rehabilitation is completed, 20%.
AB499, s. 18
16Section
18. 71.07 (9r) (a) of the statutes is renumbered 71.07 (9r) (a) 1. and
17amended to read:
AB499,14,318
71.07
(9r) (a) 1.
For Except as provided in subd. 2., for taxable years beginning
19on or after August 1, 1988, any natural person may
claim as a credit against
the taxes
20otherwise due imposed under s. 71.02
, up to the amount of those taxes, an amount
21equal to 25% of the costs of preservation or rehabilitation of historic property located
22in this state, including architectural fees and costs incurred in preparing nomination
23forms for listing in the national register of historic places in Wisconsin or the state
24register of historic places, if the nomination is made within 5 years prior to
25submission of a preservation or rehabilitation plan under par. (b) 3. b., and if the
1physical work of construction or destruction in preparation for construction begins
2after December 31, 1988, except that the credit may not exceed $10,000, or $5,000
3for married persons filing separately, for any preservation or rehabilitation project.
AB499, s. 19
4Section
19. 71.07 (9r) (a) 2. of the statutes is created to read:
AB499,14,165
71.07
(9r) (a) 2. For taxable years beginning after December 31, 2003, any
6natural person may claim as a credit against the taxes imposed under s. 71.02, up
7to the amount of those taxes, an amount equal to 30% of the costs of preservation or
8rehabilitation of property that is located in a certified downtown under s. 560.03
9(21m) or is included in a business area revitalization under s. 560.081, including
10architectural fees and costs incurred in preparing nomination forms for listing in the
11national register of historic places in Wisconsin or the state register of historic places,
12if the nomination is made within 5 years prior to submission of a preservation or
13rehabilitation plan under par. (b) 3. b., and if the physical work of construction or
14destruction in preparation for construction begins after December 31, 2003, except
15that the credit may not exceed $10,000, or $5,000 for married persons filing
16separately, for any preservation or rehabilitation project.
AB499, s. 20
17Section
20. 71.07 (9r) (b) 3. a. of the statutes is amended to read:
AB499,15,218
71.07
(9r) (b) 3. a.
The Except as provided in subd. 3. am., the property is listed
19on the national register of historic places in Wisconsin or the state register of historic
20places, or is determined by the state historical society to be eligible for listing on the
21national register of historic places in Wisconsin or the state register of historic places,
22or is located in a historic district which is listed in the national register of historic
23places in Wisconsin or the state register of historic places and is certified by the state
24historic preservation officer as being of historic significance to the district, or is an
1outbuilding of an otherwise eligible property certified by the state historic
2preservation officer as contributing to the historic significance of the property.
AB499, s. 21
3Section
21. 71.07 (9r) (b) 3. am. of the statutes is created to read:
AB499,15,64
71.07
(9r) (b) 3. am. If the property does not satisfy the requirements under
5subd. 3. a., the property is located in a certified downtown under s. 560.03 (21m) or
6is included in a business area revitalization under s. 560.081.
AB499, s. 22
7Section
22. 71.10 (4) (dr) of the statutes is renumbered 71.10 (4) (fm).
AB499, s. 23
8Section
23. 71.28 (6) (a) of the statutes is renumbered 71.28 (6) (a) 1. and
9amended to read:
AB499,15,1710
71.28
(6) (a) 1.
Any Except as provided in subd. 2., any person may
claim as a 11credit against
the taxes
otherwise due imposed under
this chapter s. 71.23, up to the
12amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation
13expenditures, as defined in section
47 (c) (2) of the
internal revenue code Internal
14Revenue Code, for certified historic structures on property located in this state
, if the
15physical work of construction or destruction in preparation for construction begins
16after December 31, 1988, and the rehabilitated property is placed in service after
17June 30, 1989.
AB499, s. 24
18Section
24. 71.28 (6) (a) 2. of the statutes is created to read:
AB499,16,519
71.28
(6) (a) 2. A person who would otherwise be eligible to claim the
20rehabilitation credit under section
47 of the Internal Revenue Code, except that the
21rehabilitated property is not a certified historic structure, as defined in section
47 (c)
22(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
23s. 71.23, up to the amount of those taxes, an amount equal to 20% of the costs of
24qualified rehabilitation expenditures, as defined in section
47 (c) (2) of the Internal
25Revenue Code, for rehabilitated property in this state, if the rehabilitated property
1is located in a certified downtown under s. 560.03 (21m) or is included in a business
2area revitalization under s. 560.081; if the rehabilitation is approved by the state
3historical society before the physical work of construction, or destruction in
4preparation for construction, begins; and if the physical work of construction, or
5destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 25
6Section
25. 71.28 (6) (c) of the statutes is amended to read:
AB499,16,137
71.28
(6) (c)
No Except as provided in par. (cm), no person may claim
the
a credit
8under this subsection unless the claimant includes with the claimant's return
9evidence that the rehabilitation was
approved recommended by the state historic
10preservation officer for approval by the secretary of the interior under
36 CFR 67.6 11before the physical work of construction, or destruction in preparation for
12construction, began
; and the claimant claims the credit for the same taxable year in
13which the claimant would have claimed the credit for federal purposes.
AB499, s. 26
14Section
26. 71.28 (6) (cm) of the statutes is created to read:
AB499,16,2515
71.28
(6) (cm) A person whose qualified rehabilitation expenditures do not
16satisfy the adjusted basis requirement under section
47 (c) (1) of the Internal
17Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
18under section
47 of the Internal Revenue Code, may claim the credit under par. (a)
191., if the person's qualified rehabilitation expenditures, as defined in section
47 (c)
20(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
21approved by the state historical society before the physical work of construction, or
22destruction in preparation for construction, begins; if the person includes evidence
23of such approval with the person's return; and if the person claims the credit for the
24same taxable year in which the person would have claimed the credit for federal
25purposes.
AB499, s. 27
1Section
27. 71.28 (6) (g) of the statutes is created to read:
AB499,17,92
71.28
(6) (g) A person who has incurred qualified rehabilitation expenditures,
3as defined in section
47 (c) (2) of the Internal Revenue Code, for certified historic
4structures located in this state, as described in par. (a), but who is not a resident of
5this state and who is not required to file a return under this chapter, may enter into
6an agreement with another person, with the department's approval and in the
7manner prescribed by the department, so that the other person may claim the credit
8under this subsection, if the other person is subject to the taxes imposed under s.
971.23.
AB499, s. 28
10Section
28. 71.28 (6) (h) of the statutes is created to read:
AB499,17,1911
71.28
(6) (h) A person who receives a credit under this subsection shall add to
12the person's liability for taxes imposed under s. 71.23 one of the following
13percentages of the amount of the credits received under this subsection for
14rehabilitating or preserving the property if, within 5 years after the date on which
15the preservation or rehabilitation work that was the basis of the credit is completed,
16the person either sells or conveys the property by deed or land contract or the state
17historical society certifies to the department of revenue that the historic property has
18been altered to the extent that it does not comply with the standards promulgated
19under s. 44.02 (24d):
AB499,17,2120
1. If the sale, conveyance, or noncompliance occurs during the first year after
21the date on which the preservation or rehabilitation is completed, 100%.
AB499,17,2322
2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
23the date on which the preservation or rehabilitation is completed, 80%.
AB499,17,2524
3. If the sale, conveyance, or noncompliance occurs during the 3rd year after
25the date on which the preservation or rehabilitation is completed, 60%.
AB499,18,2
14. If the sale, conveyance, or noncompliance occurs during the 4th year after
2the date on which the preservation or rehabilitation is completed, 40%.
AB499,18,43
5. If the sale, conveyance, or noncompliance occurs during the 5th year after
4the date on which the preservation or rehabilitation is completed, 20%.
AB499, s. 29
5Section
29. 71.47 (6) (a) of the statutes is renumbered 71.47 (6) (a) 1. and
6amended to read:
AB499,18,147
71.47
(6) (a) 1.
Any Except as provided in subd. 2., any person may
claim as a 8credit against
the taxes
otherwise due imposed under
this chapter s. 71.43, up to the
9amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation
10expenditures, as defined in section
47 (c) (2) of the
internal revenue code Internal
11Revenue Code, for certified historic structures on property located in this state
, if the
12physical work of construction or destruction in preparation for construction begins
13after December 31, 1988, and the rehabilitated property is placed in service after
14June 30, 1989.
AB499, s. 30
15Section
30. 71.47 (6) (a) 2. of the statutes is created to read:
AB499,19,216
71.47
(6) (a) 2. A person who would otherwise be eligible to claim the
17rehabilitation credit under section
47 of the Internal Revenue Code, except that the
18rehabilitated property is not a certified historic structure, as defined in section
47 (c)
19(3) of the Internal Revenue Code, may claim as a credit against taxes imposed under
20s. 71.43, up to the amount of those taxes, an amount equal to 20% of the costs of
21qualified rehabilitation expenditures, as defined in section
47 (c) (2) of the Internal
22Revenue Code, for rehabilitated property in this state, if the rehabilitated property
23is located in a certified downtown under s. 560.03 (21m) or is included in a business
24area revitalization under s. 560.081; if the rehabilitation is approved by the state
25historical society before the physical work of construction, or destruction in
1preparation for construction, begins; and if the physical work of construction, or
2destruction in preparation for construction, begins after December 31, 2003.
AB499, s. 31
3Section
31. 71.47 (6) (c) of the statutes is amended to read:
AB499,19,104
71.47
(6) (c)
No Except as provided in par. (cm), no person may claim
the
a credit
5under this subsection unless the claimant includes with the claimant's return
6evidence that the rehabilitation was
approved recommended by the state historic
7preservation officer for approval by the secretary of the interior under
36 CFR 67.6 8before the physical work of construction, or destruction in preparation for
9construction, began
; and the claimant claims the credit for the same taxable year in
10which the claimant would have claimed the credit for federal purposes.
AB499, s. 32
11Section
32. 71.47 (6) (cm) of the statutes is created to read:
AB499,19,2212
71.47
(6) (cm) A person whose qualified rehabilitation expenditures do not
13satisfy the adjusted basis requirement under section
47 (c) (1) of the Internal
14Revenue Code, but who otherwise would be eligible to claim the rehabilitation credit
15under section
47 of the Internal Revenue Code, may claim the credit under par. (a)
161., if the person's qualified rehabilitation expenditures, as defined in section
47 (c)
17(2) of the Internal Revenue Code, are at least $10,000; if the rehabilitation is
18approved by the state historical society before the physical work of construction, or
19destruction in preparation for construction, begins; if the person includes evidence
20of such approval with the person's return; and if the person claims the credit for the
21same taxable year in which the person would have claimed the credit for federal
22purposes.
AB499, s. 33
23Section
33. 71.47 (6) (g) of the statutes is created to read:
AB499,20,624
71.47
(6) (g) A person who has incurred qualified rehabilitation expenditures,
25as defined in section
47 (c) (2) of the Internal Revenue Code, for certified historic
1structures located in this state, as described in par. (a), but who is not a resident of
2this state and who is not required to file a return under this chapter, may enter into
3an agreement with another person, with the department's approval and in the
4manner prescribed by the department, so that the other person may claim the credit
5under this subsection, if the other person is subject to the taxes imposed under s.
671.43.
AB499, s. 34
7Section
34. 71.47 (6) (h) of the statutes is created to read:
AB499,20,168
71.47
(6) (h) A person who receives a credit under this subsection shall add to
9the person's liability for taxes imposed under s. 71.43 one of the following
10percentages of the amount of the credits received under this subsection for
11rehabilitating or preserving the property if, within 5 years after the date on which
12the preservation or rehabilitation work that was the basis of the credit is completed,
13the person either sells or conveys the property by deed or land contract or the state
14historical society certifies to the department of revenue that the historic property has
15been altered to the extent that it does not comply with the standards promulgated
16under s. 44.02 (24d):
AB499,20,1817
1. If the sale, conveyance, or noncompliance occurs during the first year after
18the date on which the preservation or rehabilitation is completed, 100%.
AB499,20,2019
2. If the sale, conveyance, or noncompliance occurs during the 2nd year after
20the date on which the preservation or rehabilitation is completed, 80%.