Wisconsin Legislature: 96,86

Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (4) (i) reads:

(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), film production services credit under s. 71.07 (5f) (b) 2., veterans and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.

96,77 Section 77. The treatments of 71.21 (4) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.21 (4) reads:

(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to partners shall be added to the partnership's income.

96,78 Section 78. The treatments of 71.26 (2) (a) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.26 (2) (a) reads:

(a) Corporations in general. The "net income" of a corporation means the gross income as computed under the Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

96,79 Section 79. 71.28 (1dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,80 Section 80. 71.28 (1dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dm) (a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,81 Section 81. 71.28 (1dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dm) (f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,82 Section 82. 71.28 (1dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dm) (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,83 Section 83. 71.28 (1dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487 is amended to read:

71.28 (1dm) (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,84 Section 84. 71.28 (1dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795, an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,85 Section 85. 71.28 (1dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dx) (b) Credit. (intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,86 Section 86. 71.28 (1dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dx) (c) Credit precluded. If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,87 Section 87. 71.28 (1dx) (d) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.28 (1dx) (d) Carry-over precluded. If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,88 Section 88. The treatment of 71.28 (4) (ad) 1. of the statutes, as renumbered, by 2005 Wisconsin Act 25, section 1383, is not repealed by 2005 Wisconsin Act 452, section 1. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (ad) 1., as renumbered from s. 71.28 (4) (a) by 2005 Wis. Act 452, reads:

1. Except as provided in subds. 2. and 3., any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent 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, except as provided in par. (af), 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., (d), (df), and (dh). Section 41 (h) of the Internal Revenue Code does not apply to the credit under this paragraph.

96,89 Section 89. The treatment of 71.28 (4) (am) 1. of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 452. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (am) 1. reads:

1. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent 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., (d), (df), and (dh) 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.

96,90 Section 90. The treatments of 71.34 (1) (g) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.34 (1) (g) reads:

(g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to shareholders.

96,91 Section 91. The treatments of 71.45 (2) (a) 10. of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.45 (2) (a) 10. reads:

10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx), (3n), (3w), (5b), (5e), (5f), (5g), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).

96,92 Section 92. 71.47 (1dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,93 Section 93. 71.47 (1dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dm) (a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,94 Section 94. 71.47 (1dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dm) (f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,95 Section 95. 71.47 (1dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dm) (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,96 Section 96. 71.47 (1dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dm) (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,97 Section 97. 71.47 (1dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,98 Section 98. 71.47 (1dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dx) (b) Credit. (intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,99 Section 99. 71.47 (1dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dx) (c) Credit precluded. If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,100 Section 100. 71.47 (1dx) (d) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.47 (1dx) (d) Carry-over precluded. If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

96,101 Section 101. The treatment of 71.47 (4) (ad) 1. of the statutes, as renumbered, by 2005 Wisconsin Act 25, section 1426, is not repealed by 2005 Wisconsin Act 452, section 9. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (ad) 1., as renumbered from 71.47 (4) (a) by 2005 Wis. Act 452, reads:

96,102 Section 102. The treatment of 71.47 (4) (am) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 452. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (am) reads:

(am) Development zone additional research credit. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent 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., (d), (df), and (dh) 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.

96,103 Section 103. The treatment of 71.935 (1) (a) of the statutes by 2005 Wisconsin Act 254 is not repealed by 2005 Wisconsin Act 454. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.935 (1) (a) reads:

(a) "Debt" means a parking citation of at least $20 that is unpaid and for which there has been no court appearance by the date specified in the citation or, if no date is specified, that is unpaid for at least 28 days; an unpaid fine, fee, restitution or forfeiture of at least $20; and any other debt that is at least $20, including debt related to property taxes, if the debt has been reduced to a judgment or the municipality or county to which the debt is owed has provided the debtor reasonable notice and an opportunity to be heard with regard to the debt.

96,104 Section 104. The treatments of 77.92 (4) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 77.92 (4) reads:

(4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

96,105 Section 105. 77.9961 (1) (b) of the statutes is amended to read:

77.9961 (1) (b) The department may require, before or after the license is issued, that any person who submits an application for a license under par. (a) provide a security deposit to the department. For purposes of this paragraph, s. 77.61 (2), as it applies to a security deposit related to a seller's permit, applies to the a security deposit required under this subsection.

Note: Deletes unnecessary word.