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.".
12.
Page 670, line 9: delete the material beginning with that line and ending with page 671, line 6.
13.
Page 672, line 4: delete lines 4 to 20.
14.
Page 706, line 2: delete that line and substitute ", (d), (df), and (dh). Section 41 (h) of the internal revenue code".
15.
Page 706, line 18: delete that line and substitute "Wisconsin under s. 71.25 (9) (b) 1. and 2. and, (d), (df), and (dh)".
16.
Page 739, line 20: delete that line and substitute ", (d), (df), and (dh). Section 41 (h) of the internal revenue code".
17.
Page 740, line 12: delete that line and substitute "2. and, (d), (df), and (dh) and research expenses used in".
18.
Page 1118, line 6: delete lines 6 to 12 and substitute:
"(14v) SINGLE SALES FACTOR APPORTIONMENT. The treatment of sections 71.01 (1b), (1n), (8g), (8m), and (10g), 71.03 (1), 71.04 (7) (d), (df), and (dh), 71.07 (2dr) (a), (3m) (a) 1. b., and (10), 71.195, 71.22 (1), (1g), (1t), (6m), (7m), and (9g), 71.25 (9) (d), (df), and (dh), 71.28 (2m) (a) 1. b. and (4) (a), (am) 1., and (i), 71.42 (3d) and (3h), 71.47 (2m) (a) 1. b. and (4) (a), (am), and (i), and 71.58 (1) (c) and (cm) of the statutes first applies to taxable years beginning on January 1, 2005.".
(End)
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2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Adopt federal law as it relates to health savings accounts (IRC update)
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 745, line 12: after that line insert:
"SECTION 1432m. 71.83 (1) (ce) of the statutes is created to read:
71.83 (1) (ce) Health savings accounts. Any person who is liable for a penalty for federal income tax purposes under section 223 (f) (4) of the Internal Revenue Code is liable for a penalty equal to 33 percent of that penalty. The department of revenue shall assess, levy, and collect the penalty under this paragraph as it assesses, levies, and collects taxes under this chapter.".
2.
Page 751, line 15: after that line insert:
"SECTION 1450g. Subchapter XVI of chapter 71 [precedes 71.98] of the statutes is created to read:
CHAPTER 71
SUBCHAPTER XVI
INTERNAL REVENUE CODE UPDATE
71.98 Internal Revenue Code update. The following federal laws, to the extent that they apply to the Internal Revenue Code, apply to this chapter:
(1) HEALTH SAVINGS ACCOUNTS. Section 1201 of P.L. 108-173, relating to health savings accounts.".
3.
Page 1116, line 10: after that line insert:
"(5m) HEALTH SAVINGS ACCOUNTS. The treatment of sections 71.83 (1) (e) and 71.98 of the statutes first applies to taxable years beginning on January 1, 2005.".
(End)
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2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Utility tax on car line companies
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 760, line 22: after that line insert:
"SECTION 1474m. 76.39 (1) (am) of the statutes is created to read:
76.39 (1) (am) "Average net rate of taxation" means the average net rate of taxation determined under s. 76.126 as of June of the year prior to the assessment.
SECTION 1474n. 76.39 (2) of the statutes is amended to read:
76.39 (2) There is levied annually a gross earnings tax in lieu of all property taxes on the car line equipment of a car line company equal to 3% of the gross earnings in this state multiplied by the average net rate of taxation. Every railroad company operating in this state shall, upon making payment to each car line company for use of its cars, withhold 3% of the amount constituting the gross earnings in this state of such of the tax imposed under this subsection on the car line company.".
2.
Page 1119, line 3: after that line insert:
"(18x) CAR LINE COMPANIES. The treatment of section 76.39 (1) (am) and (2) of the statutes first applies to tax payments that are due on September 10, 2005.".
(End)
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2005 - 2006 LEGISLATURE
LFB:......Kava - Carryover of unused revenue limit: modify initial app
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 1115, line 10: delete "2005-06" and substitute "2004-05".
(End)
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2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Individual income tax deduction for amounts spent on medical insurance premiums
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 630, line 6: after that line insert:
"SECTION 1286e. 71.05 (6) (b) 20. (intro.) of the statutes is amended to read:
71.05 (6) (b) 20. (intro.) For taxable years beginning on or after January 1, 1995, and before January 1, 2006, an amount paid by a person who is the employee of another person if the person's employer pays no amount of money toward the person's medical care insurance, for medical care insurance for the person, his or her spouse and the person's dependents, calculated as follows:".
2.
Page 630, line 20: after that line insert:
"SECTION 1288e. 71.05 (6) (b) 35. of the statutes is created to read:
71.05 (6) (b) 35. For taxable years beginning after December 31, 2005, an amount paid by an individual who is the employee of another person if the individual's employer pays no amount of money toward the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:
a. One hundred percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.
