71.28 (3n) (e) 2. If 2 or more persons own and operate the dairy or livestock farm, each person may claim a credit under par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the farm shall not exceed $50,000.".

5.
Page 738, line 11: delete "DAIRY
LIVESTOCK" and substitute "DAIRY AND LIVESTOCK".

6.
Page 738, line 12: delete the material beginning with that line and ending with page 739, line 6, and substitute:

"SECTION 1424b. 71.47 (3n) (a) 2. (intro.) of the statutes is amended to read:

71.47 (3n) (a) 2. (intro.) "Dairy farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for dairy animal housing, confinement, animal feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals and if acquired and placed in service in this state during taxable years that begin after December 31, 2003, and before January 1, 2010:

SECTION 1424c. 71.47 (3n) (a) 4. of the statutes is created to read:

71.47 (3n) (a) 4. "Livestock" means cattle, not including dairy animals; swine; poultry, not including farm-raised game birds or ratites; fish that are raised in aquaculture facilities; sheep; and goats.

SECTION 1424d. 71.47 (3n) (a) 5. of the statutes is created to read:

71.47 (3n) (a) 5. "Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for livestock housing, confinement, feeding, or waste management, including the following, if used exclusively related to livestock and if acquired and placed in service in this state during taxable years that begin after December 31, 2005, and before January 1, 2012:

a. Birthing structures.

b. Rearing structures.

c. Feedlot structures.

d. Feed storage and handling equipment.

e. Fences.

f. Watering facilities.

g. Scales.

h. Manure pumping and storage facilities.

i. Digesters.

j. Equipment used to produce energy.

k. Fish hatchery buildings.

L. Fish processing buildings.

m. Fish rearing ponds.

SECTION 1424e. 71.47 (3n) (a) 6. of the statutes is created to read:

71.47 (3n) (a) 6. a. For taxable years that begin after December 31, 2003, and before January 1, 2006, "used exclusively," related to dairy animals, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

b. For taxable years that begin after December 31, 2005, and before January 1, 2010, "used exclusively," related to livestock, dairy animals, or both, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

c. For taxable years that begin after December 31, 2009, and before January 1, 2012, "used exclusively," related to livestock, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

SECTION 1425b. 71.47 (3n) (b) of the statutes is renumbered 71.47 (3n) (b) 1.

SECTION 1425c. 71.47 (3n) (b) 2. of the statutes is created to read:

71.47 (3n) (b) 2. Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2005, and before January 1, 2012, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to 10 percent of the amount the claimant paid in the taxable year for livestock farm modernization or expansion related to the operation of the claimant's livestock farm.

SECTION 1425d. 71.47 (3n) (e) of the statutes is renumbered 71.47 (3n) (e) 1. and amended to read:

71.47 (3n) (e) 1. 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 expenses under par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed $50,000. 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.

SECTION 1425e. 71.47 (3n) (e) 2. of the statutes is created to read:

71.47 (3n) (e) 2. If 2 or more persons own and operate the dairy or livestock farm, each person may claim a credit under par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the farm shall not exceed $50,000.".

7.
Page 1117, line 21: delete the material beginning with that line and ending with page 1118, line 5.
(End)
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2005 - 2006 LEGISLATURE

LFB:......Reinhardt - Refundable individual income tax credit for property taxes of veterans, surviving spouses
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 371, line 20: after that line insert:

"SECTION 451s. 20.835 (2) (em) of the statutes is created to read:

20.835 (2) (em) Veterans and surviving spouses property tax credit. A sum sufficient to pay the claims approved under s. 71.07 (6e).".

2.
Page 441, line 5: after that line insert:

"SECTION 769e. 45.35 (14) (j) of the statutes is created to read:

45.35 (14) (j) To provide verification to the department of revenue of the information required under s. 71.07 (6e) (a) 2. or 3.".

3.
Page 636, line 20: after that line insert:

"SECTION 1311j. 71.07 (6e) of the statutes is created to read:

71.07 (6e) VETERANS AND SURVIVING SPOUSES PROPERTY TAX CREDIT. (a) Definitions. In this subsection:

1. "Claimant" means an eligible unremarried surviving spouse or an eligible veteran who files a claim under this subsection.

2. "Eligible unremarried surviving spouse" means an unremarried surviving spouse of one of the following, as verified by the department of veterans affairs:

a. An individual who had served on active duty in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, who was a resident of this state at the time of entry into that active service, and who, while a resident of this state, died while on active duty.

b. An individual who had served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces; who was a resident of this state at the time of entry into that active service; who was at least 65 years of age at the time of his or her death or would have been 65 years of age at the close of the year in which the death occurred; who was a resident of this state at the time of his or her death; and who had a service-connected disability rating of 100 percent under 38 USC 1114 or 1134.

c. An individual who had served in the national guard or a reserve component of the U.S. armed forces, who was a resident of this state at the time of entry into that service, and who, while a resident of this state, died in the line of duty while on active or inactive duty for training purposes.

3. "Eligible veteran" means an individual who is at least 65 years of age and who is verified by the department of veterans affairs as meeting all of the following conditions:

a. Served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces.

b. Was a resident of this state at the time of entry into that active service.

c. Is currently a resident of this state for purposes of receiving veterans benefits under ch. 45.

d. Has a service-connected disability rating of 100 percent under 38 USC 1114 or 1134.

4. "Principal dwelling" has the meaning given in sub. (9) (a) 2.

5. "Property taxes" means real and personal property taxes, exclusive of special assessments, delinquent interest, and charges for service, paid by a claimant on the claimant's principal dwelling in this state during the taxable year for which credit under this subsection is claimed, less any property taxes paid which are properly includable as a trade or business expense under section 162 of the Internal Revenue Code. If the principal dwelling on which the taxes were paid is owned by 2 or more persons or entities as joint tenants or tenants in common or is owned by spouses as marital property, "property taxes" is that part of property taxes paid that reflects the ownership percentage of the claimant. If the principal dwelling is sold during the taxable year, the "property taxes" for the seller and buyer shall be the amount of the tax prorated to each in the closing agreement pertaining to the sale or, if not so provided for in the closing agreement, the tax shall be prorated between the seller and buyer in proportion to months of their respective ownership. "Property taxes" includes monthly parking permit fees in respect to a principal dwelling collected under s. 66.0435 (3) (c).

(b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 the amount of the claimant's property taxes. If the allowable amount of the claim exceeds the income taxes otherwise due on the claimant's income, the amount of the claim not used as an offset against those taxes shall be certified by the department of revenue to the department of administration for payment to the claimant by check, share draft, or other draft from the appropriation under s. 20.835 (2) (em).

(c) Limitations. 1. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

2. No credit may be allowed under this subsection if the individual, or the individual's spouse, files a claim under sub. (3m) or (9) or subch. VIII or IX that relates to the same taxable year for which a claim is made under this subsection.

(d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.".

4.
Page 637, line 2: after that line insert:

"SECTION 1312m. 71.08 (1) (intro.) of the statutes is amended to read:

71.08 (1) IMPOSITION. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3n), (3s), (3t), (5b), (5d), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), and (3t) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), and (3t) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust, or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

SECTION 1312u. 71.10 (4) (i) of the statutes is amended to read:

71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under subch. IX, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), farmers' drought property tax credit under s. 71.07 (2fd), veterans and surviving spouses property tax credit under s. 71.07 (6e), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.".

5.
Page 1117, line 12: after that line insert:

"(10m) VETERANS AND SURVIVING SPOUSES PROPERTY TAX CREDIT. The treatment of sections 20.835 (2) (em), 71.07 (6e), 71.08 (1) (intro.), and 71.10 (4) (i) of the statutes first applies to taxable years beginning on January 1, 2005.".
(End)
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2005 - 2006 LEGISLATURE

LFB:......Reinhardt - Sales factor in the apportionment formula
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 611, line 1: delete ", (dg),".

2.
Page 611, line 8: delete ", (dg),".

3.
Page 624, line 1: delete ", (dg),".

4.
Page 625, line 3: delete the material beginning with that line and ending with page 626, line 25, and substitute:

"SECTION 1276m. 71.04 (7) (d) of the statutes is amended to read:

71.04 (7) (d) Sales Except as provided in pars. (df) and (dh), 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 s. 71.04 (6), 2001 stats.".

5.
Page 627, line 20: delete the material beginning with that line and ending with page 628, line 17.

6.
Page 629, line 15: delete the material beginning with that line and ending with page 630, line 6.

7.
Page 633, line 10: delete that line and substitute "2. and, (d), (df), and (dh) and research expenses used in".

8.
Page 641, line 21: delete ", (dg),".

9.
Page 642, line 4: delete ", (dg),".

10.
Page 667, line 12: delete ", (dg),".

11.
Page 667, line 16: delete the material beginning with that line and ending with page 669, line 14, and substitute:

"SECTION 1344v. 71.25 (9) (d) of the statutes is amended to read:

71.25 (9) (d) Sales Except as provided in pars. (df) and (dh), 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 s. 71.25 (8), 2001 stats.".

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