AB538,9,44 71.30 (3) (eop) Qualified new business venture credit under s. 71.28 (5d).
AB538, s. 10 5Section 10. 71.34 (1) (g) of the statutes is amended to read:
AB538,9,86 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
7corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), and
8(3g), and (5d) and passed through to shareholders.
AB538, s. 11 9Section 11. 71.45 (2) (a) 10. of the statutes is amended to read:
AB538,9,1510 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
11computed under s. 71.47 (1dd) to (1dx) and (5d) and not passed through by a
12partnership, limited liability company or tax-option corporation that has added that
13amount to the partnership's, limited liability company's or tax-option corporation's
14income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under
15s. 71.47 (1), (3), (4) and (5).
AB538, s. 12 16Section 12. 71.47 (5d) of the statutes is created to read:
AB538,9,1717 71.47 (5d) Qualified new business venture credit. (a) In this subsection:
AB538,9,1818 1. "Broker-dealer" has the meaning given in s. 551.02 (3).
AB538,9,1919 2. "Claimant" means a person who files a claim under this subsection.
AB538,9,2120 3. "Qualified new business venture" means a business that is certified under
21s. 560.03 (26).
AB538,9,2422 (b) Subject to the limitations provided in this subsection and in s. 560.03 (26),
23a claimant may claim as a credit against the tax imposed under s. 71.43, up to the
24amount of those taxes, any of the following:
AB538,10,4
11. An amount equal to 20 percent of the claimant's investment in a qualified
2new business venture in the taxable year, except that if the claimant's investment
3exceeds $100,000 in the taxable year the claimant may claim 20 percent of $100,000
4plus 10 percent of the amount of the investment that exceeds $100,000.
AB538,10,65 2. If the claimant is a broker-dealer, an amount equal to 10 percent of the first
6$500,000 raised in an offering of a qualified new business venture in the taxable year.
AB538,10,87 (c) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit
8under s. 71.28 (4), apply to the credit under this subsection.
AB538,10,169 (d) Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on the amounts described under par. (b) that are attributable to
12their business operations. A partnership, limited liability company, or tax-option
13corporation shall compute the amount of credit that each of its partners, members,
14or shareholders may claim and shall provide that information to each of them.
15Partners, members of limited liability companies, and shareholders of tax-option
16corporations may claim the credit in proportion to their ownership interest.
AB538,10,1817 (e) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4),
18applies to the credit under this subsection.
AB538, s. 13 19Section 13. 71.49 (1) (eop) of the statutes is created to read:
AB538,10,2020 71.49 (1) (eop) Qualified new business venture credit under s. 71.47 (5d).
AB538, s. 14 21Section 14. 77.92 (4) of the statutes is amended to read:
AB538,11,1122 77.92 (4) "Net business income", with respect to a partnership, means taxable
23income as calculated under section 703 of the Internal Revenue Code; plus the items
24of income and gain under section 702 of the Internal Revenue Code, including taxable
25state and municipal bond interest and excluding nontaxable interest income or

1dividend income from federal government obligations; minus the items of loss and
2deduction under section 702 of the Internal Revenue Code, except items that are not
3deductible under s. 71.21; plus guaranteed payments to partners under section 707
4(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
5(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), and (3g), and (3s), and (5d); and plus or
6minus, as appropriate, transitional adjustments, depreciation differences, and basis
7differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain,
8loss, and deductions from farming. "Net business income", with respect to a natural
9person, estate, or trust, means profit from a trade or business for federal income tax
10purposes and includes net income derived as an employee as defined in section 3121
11(d) (3) of the Internal Revenue Code.
AB538, s. 15 12Section 15. 560.03 (24) to (27) of the statutes are created to read:
AB538,11,1913 560.03 (24) In cooperation with the department of financial institutions and
14the Board of Regents of the University of Wisconsin System, annually conduct and
15publish the results of a study of Wisconsin businesses to determine new business
16formation trends and identify obstacles faced by new Wisconsin businesses and areas
17where changes in governmental policy may satisfy the needs of new Wisconsin
18businesses. As part of the study, the department of commerce shall conduct a survey
19of Wisconsin businesses.
AB538,11,23 20(25) In cooperation with the department of financial institutions and the Board
21of Regents of the University of Wisconsin System, provide education and other
22support to facilitate the development networks of investors that review new
23businesses or proposed new businesses for potential investment.
AB538,12,8 24(26) Certify businesses as qualified new business ventures for purposes of ss.
2571.05 (24), 71.07 (5d), 71.28 (5d), and 71.47 (5d). The department shall promulgate

1rules for the administration of this subsection. The rules shall require a business
2desiring certification to submit an application to the department. The department
3shall maintain a list of businesses certified under this subsection and shall permit
4public access to the list through the department's Internet website. The department
5shall notify the department of revenue of every business certified under this
6subsection and the date on which any such business is decertified. A business may
7be certified under this subsection, and may maintain such certification, only if the
8business satisfies all of the following conditions:
AB538,12,99 (a) It has its headquarters in this state.
AB538,12,1110 (b) At least 51 percent of the employees employed by the business are employed
11in this state.
AB538,12,1312 (c) Its average annual net income for each of the 2 taxable years immediately
13preceding the taxable year for which a credit is claimed does not exceed $20,000,000.
AB538,12,1514 (d) It's net worth in the taxable year for which a credit is claimed does not
15exceed $75,000,000.
AB538,12,1716 (e) It is not engaged predominantly in providing professional services by
17accountants, lawyers, or physicians.
AB538,12,1918 (f) It is not engaged predominantly in trade or in the leisure and hospitality
19industry.
AB538,12,2020 (g) It is not engaged in banking or lending or in developing real estate for resale.
AB538,12,2221 (h) It does not make loans to, or investments in, certified capital companies, as
22defined in s. 560.30 (2).
AB538,12,2423 (i) It has been in operation in this state for at least one year but not more than
2410 consecutive years.
AB538,12,25 25(27) Certify venture capital funds as follows:
AB538,13,3
1(a) The department shall promulgate rules establishing a procedure for the
2department to certify venture capital funds for purposes of the capital gains tax
3exemption under s. 71.05 (24). The rules shall do all of the following:
AB538,13,54 1. Require a venture capital fund that desires to obtain a certification to file an
5application with the department.
AB538,13,106 2. Permit a venture capital fund to obtain a certification only if the venture
7capital fund is a private seed and venture capital partnership or entity fund, the
8venture capital fund has its principal place of business in Wisconsin, and the venture
9capital fund commits to make equity investments in businesses, as described under
10sub. (26), that are located in Wisconsin.
AB538,13,1411 3. Require an applicant for certification or a certified venture capital fund to
12provide the department with any information the department determines is
13necessary to ensure eligibility for certification and compliance with this subsection
14and rules promulgated under this subsection.
AB538,13,2315 (b) Upon request of any person, the department shall issue a written notice
16indicating whether a venture capital fund is certified under this subsection for
17purposes of the capital gains tax exemption under s. 71.05 (24). Each notice under
18this paragraph that indicates a venture capital fund is certified shall include the
19following statement: "The Wisconsin Department of Commerce has not
20recommended or approved an investment in this venture capital fund or assessed
21the merits or risks of such an investment. Investors should rely solely on their
22own investigation and analysis and seek investment, financial, legal, and tax
23advice before making their own decision regarding investment in this enterprise.
"
AB538,14,3
1(c) Upon the issuance or discontinuance of a certification, the department of
2commerce shall notify the department of revenue and provide the department of
3revenue a copy of the certification or discontinuance.
AB538, s. 16 4Section 16 . Nonstatutory provisions.
AB538,14,85 (1) Rules. The department of commerce shall submit in proposed form the rules
6required under section 560.03 (26) and (27) of the statutes, as created by this act, to
7the legislative council staff under section 227.15 (1) of the statutes no later than the
8first day of the 6th month beginning after the effective date of this subsection.
AB538, s. 17 9Section 17. Initial applicability.
AB538,14,1310 (1) Qualified new business venture credit. The treatment of sections 71.05
11(6) (a) 15., 71.07 (5d), 71.10 (4) (gx), 71.21 (4), 71.26 (2) (a), 71.28 (5d), 71.30 (3) (eop),
1271.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5d), 71.49 (1) (eop), and 77.92 (4) of the statutes
13first applies to taxable years beginning on January 1, 2006.
AB538,14,1514 (2) Income tax deferral. The treatment of section 71.05 (24) of the statutes
15first applies to taxable years beginning on January 1, 2006.
AB538,14,1716 (3) Capital gains exemption. The treatment of section 71.05 (6) (b) 34. of the
17statutes first applies to taxable years beginning on January 1, 2006.
AB538, s. 18 18Section 18. Effective dates. This act takes effect on July 1, 2004, except as
19follows:
AB538,14,2020 (1) Rules. Section 16 (1) of this act takes effect on the day after publication.
AB538,14,2121 (End)
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