SECTION 35. 71.25 (9) (e) 12. of the statutes is created to read:
71.25 (9) (e) 12. Gross receipts from the sale, licensing, or use of intangible property in the ordinary course of the taxpayer's trade or business.
SECTION 36. 71.25 (9) (f) 5. of the statutes is amended to read:
71.25 (9) (f) 5. Proceeds Notwithstanding any other provision of this subsection, proceeds and gain or loss from the redemption of securities.
SECTION 37. 71.25 (9) (f) 7. of the statutes is amended to read:
71.25 (9) (f) 7. Gross receipts and gain or loss from the sale of intangible assets, except those under par. (e) 1. and 12.
SECTION 38. 71.25 (9) (f) 9. of the statutes is amended to read:
71.25 (9) (f) 9. Gross Notwithstanding any other provision of this subsection, gross receipts and gain or loss from the sale or exchange of securities.
SECTION 39. 71.28 (2m) (a) 1. b. of the statutes is amended to read:
71.28 (2m) (a) 1. b. For partnerships, except publicly traded partnerships treated as corporations under s. 71.22 (1) (1k), or limited liability companies, except limited liability companies treated as corporations under s. 71.22 (1) (1k), "claimant" means each individual partner or member.
SECTION 40. 71.28 (4) (a) of the statutes is amended to read:
71.28 (4) (a) Credit. Any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (db), (dd), (df), (dg), (dh), and (dm). Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph.
SECTION 41. 71.28 (4) (am) 1. of the statutes is amended to read:
71.28 (4) (am) 1. In addition to the credit under par. (a), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (db), (dd), (df), (dg), (dh), and (dm) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this subdivision. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this subdivision. Section 41 (h) of the internal revenue code does not apply to the credit under this subdivision.
SECTION 42. 71.28 (4) (i) of the statutes is amended to read:
71.28 (4) (i) Nonclaimants. The credits under this subsection may not be claimed by a partnership, except a publicly traded partnership treated as a corporation under s. 71.22 (1) (1k), limited liability company, except a limited liability company treated as a corporation under s. 71.22 (1) (1k), or tax-option corporation or by partners, including partners of a publicly traded partnership, members of a limited liability company or shareholders of a tax-option corporation.
SECTION 43. 71.42 (3d) of the statutes is amended to read:
71.42 (3d) "Member" does not include a member of a limited liability company treated as a corporation under s. 71.22 (1) (1k).
SECTION 44. 71.42 (3h) of the statutes is amended to read:
71.42 (3h) "Partner" does not include a partner of a publicly traded partnership treated as a corporation under s. 71.22 (1) (1k).
SECTION 45. 71.47 (2m) (a) 1. b. of the statutes is amended to read:
71.47 (2m) (a) 1. b. For partnerships, except publicly traded partnerships treated as corporations under s. 71.22 (1) (1k), or limited liability companies, except limited liability companies treated as corporations under s. 71.22 (1) (1k), "claimant" means each individual partner or member.
SECTION 46. 71.47 (4) (a) of the statutes is amended to read:
71.47 (4) (a) Credit. Any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (db), (dd), (df), (dg), (dh), and (dm). Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph.
SECTION 47. 71.47 (4) (am) of the statutes is amended to read:
71.47 (4) (am) Development zone additional research credit. In addition to the credit under par. (a), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5% of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the internal revenue code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the internal revenue code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (db), (dd), (df), (dg), (dh), and (dm) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this paragraph. Section 41 (h) of the internal revenue code does not apply to the credit under this paragraph. No credit may be claimed under this paragraph for taxable years that begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
SECTION 48. 71.47 (4) (i) of the statutes is amended to read:
71.47 (4) (i) Nonclaimants. The credits under this subsection may not be claimed by a partnership, except a publicly traded partnership treated as a corporation under s. 71.22 (1) (1k), limited liability company, except a limited liability company treated as a corporation under s. 71.22 (1) (1k), or tax-option corporation or by partners, including partners of a publicly traded partnership, members of a limited liability company or shareholders of a tax-option corporation.
SECTION 49. 71.58 (1) (c) of the statutes is amended to read:
71.58 (1) (c) For partnerships except publicly traded partnerships treated as corporations under s. 71.22 (1) (1k), "claimant" means each individual partner.
SECTION 50. 71.58 (1) (cm) of the statutes is amended to read:
71.58 (1) (cm) For limited liability companies, except limited liability companies treated as corporations under s. 71.22 (1) (1k), "claimant" means each individual member.
SECTION 9341. Initial applicability; revenue.
(1) SINGLE SALES FACTOR APPORTIONMENT. The treatment of sections 71.01 (1b), (1n), (8g), (8m), and (10g), 71.03 (1), 71.04 (7) (d), (db), (dd), (df), (dg), (dh), (dm), (e) 12., and (f) 5., 7., and 9., 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), (db), (dd), (df), (dg), (dh), (dm), (e) 12., and (f) 5., 7., and 9., 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)
LRB-1659LRB-1659/2
MES&PG:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0424 - Increase the individual income tax deduction for college tuition expenses
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: increasing the individual income tax deduction for college tuition expenses.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Current law provides a subtraction from federal adjusted gross income for an amount paid, up to $3,000 per year per student, for tuition to attend a university, college, technical college, or other school that is approved by the Educational Approval Board and that is located in this state or that is subject to the Minnesota-Wisconsin reciprocity agreement. The subtraction is phased out at certain income levels. Also under current law, nonresidents and part-year residents of this state may claim a prorated amount of the subtraction based on a fraction, the numerator of which is the individual's wages, income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, income, and net earnings from a trade or business. The subtraction is further limited to the total wages, income, and net earnings from a trade or business taxable by this state.
This bill increases the amount of the allowable subtraction from $3,000 per year per student to $5,100 or twice the average amount charged by the board of regents of the University of Wisconsin System at four-year institutions for resident undergraduate tuition for the most recent fall semester, whichever is greater.
This bill will be referred to the Joint Survey Committee on Tax Exemptions for a detailed analysis, which will be printed as an appendix to this bill.
For further information see the state 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:
SECTION 1. 71.05 (6) (b) 28. a. of the statutes is amended to read:
71.05 (6) (b) 28. a. An amount equal to not more than $3,000 $5,100, or twice the average amount charged by the board of regents of the University of Wisconsin System at 4-year institutions for resident undergraduate academic fees for the most recent fall semester, as determined by the board of regents by September 1 of that semester, whichever is greater, per student for each year to which the claim relates.
SECTION 9341. Initial applicability; revenue.
(1) SUBTRACT MODIFICATION FOR TUITION EXPENSES. The treatment of section 71.05 (6) (b) 28. a. of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment of section 71.05 (6) (b) 28. a. of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.
(End)
LRB-1660LRB-1660/3
MGD:lmk:jf
2005 - 2006 LEGISLATURE
DOA:......Steinmetz, BB0407 - Earned Release Program; alternatives to sentencing for non-violent offenders
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Correctional system
Adult correctional system
Under current law, DOC and DHFS operate the Drug Abuse Correctional Center Program in Winnebago, which provides substance abuse treatment for prison inmates transferred there. If DOC determines that an inmate has successfully completed the program, the inmate is released early to parole or extended supervision. Inmates convicted of certain violent crimes or certain offenses against children are not eligible for early release under this program. Inmates who are sentenced under the "Truth in Sentencing" law are eligible only if the court authorizes their participation. This bill authorizes DOC to establish similar treatment and release programs at any state prison.
crimes
The bill directs the Sentencing Commission to review sentences imposed on individuals who are convicted of nonviolent offenses, other than those relating to operating a vehicle while under the influence of an intoxicant, or with a restricted controlled substance or a prohibited level of alcohol in his or her blood, and to develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. The Sentencing Commission must submit its recommendations in a report to the legislature by December 31, 2005.
For further information see the state 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:
SECTION 1. 302.05 (1) of the statutes is renumbered 302.05 (1) (a), and 302.05 (1) (a) (intro.), as renumbered, is amended to read:
302.05 (1) (a) (intro.) The department of corrections and the department of health and family services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health and family services shall ensure that the residents at the institution and the residents in the substance abuse program:
SECTION 2. 302.05 (1) (b) of the statutes is created to read:
302.05 (1) (b) The department of corrections may designate all or part of any state prison as a correctional treatment facility and provide, at that facility, programs for treating the abuse of alcohol or other drugs by inmates.
SECTION 3. 302.05 (3) (b) of the statutes is amended to read:
302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.
SECTION 4. 302.05 (3) (c) 1. of the statutes is amended to read:
302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the a treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.
SECTION 5. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:
SECTION 6. 302.05 (3) (d) of the statutes is amended to read:
302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.
SECTION 9101. Nonstatutory provisions; administration.
(1) REPORT REGARDING ALTERNATIVE DISPOSITIONS FOR NON-VIOLENT OFFENDERS. The sentencing commission shall review sentences imposed on individuals who are convicted of nonviolent offenses, other than crimes under section 23.33 (4c), 30.681, 346.63, or 350.101 of the statutes or, if the offense involved the use of a vehicle, under section 940.09 or 940.25 of the statutes, and develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. By December 31, 2005, the sentencing commission shall submit its recommendations in a report to the legislature in the manner provided under section 13.172 (2) of the statutes.
(End)
LRB-1662LRB-1662/5
PJK:kjf&wj:jf
2005 - 2006 LEGISLATURE
DOA:......Fath, BB0421 - TANF and CCDF allocations
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
