Amendment SA1-SSA1-SB40

SB40-SSA1-SA1, s. 2086L Section 2086L. 71.43 (2) of the statutes is amended to read:

SB40-SSA1-SA1,125,8 71.43 (2) Franchise tax on corporations. For the privilege of exercising its franchise, buying or selling lottery prizes if the winning tickets were originally bought in this state or doing business in this state in a corporate capacity, except as provided under s. 71.23 (3), every domestic or foreign corporation, except corporations specified in ss. 71.26 (1) and 71.45 (1) (a), shall annually pay a franchise tax according to or measured by its entire Wisconsin net income of the preceding taxable year at the rates set forth in s. 71.46 (2). In addition, except as provided in ss. 71.23 (3), 71.26 (1) and 71.45 (1) (a), a corporation that ceases doing business in this state shall pay a special franchise tax according to or measured by its entire Wisconsin net income for the taxable year during which the corporation ceases doing business in this state at the rate under s. 71.46 (2). Every corporation organized under the laws of this state shall be deemed to be residing within this state for the purposes of this franchise tax. All provisions of this chapter and ch. 73 relating to income taxation of corporations shall apply to franchise taxes imposed under this subsection, unless the context requires otherwise. The tax imposed by this subsection on insurance companies subject to taxation under this chapter shall be based on Wisconsin net income computed under s. 71.45, and no other provision of this chapter relating to computation of taxable income for other corporations shall apply to such insurance companies. All other provisions of this chapter shall apply to insurance companies subject to taxation under this chapter unless the context clearly requires otherwise.".

SB40-SSA1-SA1,125,9 366. Page 1009, line 9: after that line insert:

SB40-SSA1-SA1,125,11 " Section 2087e. 71.45 (1) of the statutes is renumbered 71.45 (1) (intro.) and amended to read:

SB40-SSA1-SA1,125,13 71.45 (1) Exempt and excludable income. (intro.) There shall be exempt from taxation under this subchapter income as follows:

SB40-SSA1-SA1,126,7 (a) Income of insurers exempt from federal income taxation pursuant to section 501 (c) (15) of the internal revenue code, town mutuals organized under or subject to ch. 612, foreign insurers, and domestic insurers engaged exclusively in life insurance business, domestic insurers insuring against financial loss by reason of nonpayment of principal, interest and other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate and corporations organized under ch. 185, but not including income of cooperative sickness care associations organized under s. 185.981, or of a service insurance corporation organized under ch. 613, that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), or operating under subch. I of ch. 616 which are bona fide cooperatives operated without pecuniary profit to any shareholder or member, or operated on a cooperative plan pursuant to which they determine and distribute their proceeds in substantial compliance with s. 185.45. This subsection paragraph does not apply to income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state.

SB40-SSA1-SA1, s. 2087g Section 2087g. 71.45 (1) (b) of the statutes is created to read:

SB40-SSA1-SA1,126,11 71.45 (1) (b) For taxable years beginning after December 31, 2006, the amount of any incentive payment received by an individual under s. 23.33 (5r) in the taxable year to which the claim relates.".

SB40-SSA1-SA1,126,12 367. Page 1015, line 17: delete lines 17 to 20.

SB40-SSA1-SA1,126,13 368. Page 1039, line 24: after that line insert:

SB40-SSA1-SA1,126,14 " Section 2143. 73.01 (4) (b) of the statutes is amended to read:

SB40-SSA1-SA1,127,2 73.01 (4) (b) Any matter required to be heard by the commission may be heard by any member of the commission or its a hearing examiner and reported to the commission, and hearings of matters pending before it shall be assigned to members of the commission or its the hearing examiner by the chairperson. Cases other than small claims cases shall be decided by the full commission, except that if one or more members of the commission are unavailable, cases other than small claims cases shall be decided by the member or members assigned by the chairperson prior to the hearing. If the parties have agreed to an oral decision, the member or members conducting the hearing may render an oral decision. Hearings shall be open to the public and all proceedings shall be conducted in accordance with rules of practice and procedure prescribed by the commission. Small claims cases shall be decided by one commissioner assigned by the chairperson prior to the hearing.".

SB40-SSA1-SA1,127,3 369. Page 1040, line 10: after that line insert:

SB40-SSA1-SA1,127,4 " Section 2144. 73.01 (4m) (b) of the statutes is amended to read:

SB40-SSA1-SA1,127,9 73.01 (4m) (b) No member of the commission, including the chairperson, or its a hearing examiner may receive any salary unless he or she first executes an affidavit at the end of each salary period stating that he or she has complied with the deadlines in par. (a). The affidavit shall be presented to and filed with every official who certifies, in whole or in part, the salary.

SB40-SSA1-SA1, s. 2145 Section 2145. 73.01 (4m) (c) of the statutes is amended to read:

SB40-SSA1-SA1,127,14 73.01 (4m) (c) If a member of the commission, including the chairperson, or its a hearing examiner is unable to comply with the deadline under par. (a), that person shall so certify in the record, and the period is then extended for one additional period not to exceed 90 days.".

SB40-SSA1-SA1,127,15 370. Page 1045, line 17: delete lines 17 to 25.

SB40-SSA1-SA1,127,16 371. Page 1046, line 5: after that line insert:

SB40-SSA1-SA1,127,17 " Section 2155c. 73.0301 (1) (d) 3m. of the statutes is amended to read:

SB40-SSA1-SA1,127,20 73.0301 (1) (d) 3m. A license or certificate issued by the department of workforce development under s. 102.17 (1) (c), 103.275 (2) (b), 103.34 (3) (c), 103.91 (1), 103.92 (3), 104.07 (1) or (2), or 105.13 (1).".

SB40-SSA1-SA1,127,21 372. Page 1047, line 12: after that line insert:

SB40-SSA1-SA1,127,22 " Section 2160d. 74.35 (2m) of the statutes is amended to read:

SB40-SSA1-SA1,128,2 74.35 (2m) Exclusive procedure. A claim that property is exempt, other than a claim that property is exempt under s. 70.11 (21) (a) or (27), may be made only in an action under this section. Such a claim may not be made by means of an action under s. 74.33 or an action for a declaratory judgment under s. 806.04.

SB40-SSA1-SA1, s. 2160f Section 2160f. 74.35 (5) (d) of the statutes is amended to read:

SB40-SSA1-SA1,128,6 74.35 (5) (d) No claim may be made under this section based on the contention that the tax was unlawful because the property is exempt from taxation under s. 70.11 (21) (a) or (27).

SB40-SSA1-SA1, s. 2160h Section 2160h. 76.025 (1) of the statutes is amended to read:

SB40-SSA1-SA1,128,19 76.025 (1) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, excluding property that is exempt from the property tax under s. 70.11 (39) and (39m), such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a). The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.".

SB40-SSA1-SA1,128,20 373. Page 1051, line 12: after that line insert:

SB40-SSA1-SA1,128,21 " Section 2166d. 76.81 of the statutes is amended to read:

SB40-SSA1-SA1,129,8 76.81 Imposition. There is imposed a tax on the real property of, and the tangible personal property of, every telephone company, excluding property that is exempt from the property tax under s. 70.11 (39) and (39m), motor vehicles that are exempt under s. 70.112 (5), property that is used less than 50% in the operation of a telephone company, as provided under s. 70.112 (4) (b), and treatment plant and pollution abatement equipment that is exempt under s. 70.11 (21) (a). Except as provided in s. 76.815, the rate for the tax imposed on each description of real property and on each item of tangible personal property is the net rate for the prior year for the tax under ch. 70 in the taxing jurisdictions where the description or item is located. The real and tangible personal property of a telephone company shall be assessed as provided under s. 70.112 (4) (b).".

SB40-SSA1-SA1,129,9 374. Page 1062, line 21: after that line insert:

SB40-SSA1-SA1,129,10 " Section 2199m. 77.51 (4) (c) 1. of the statutes is amended to read:

SB40-SSA1-SA1,129,15 77.51 (4) (c) 1. All receipts, cash, credits, and property except as provided in par. (b) 3., including credits for which a person's books and records show that the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable.".

SB40-SSA1-SA1,129,17 375. Page 1062, line 22: after "statutes" insert ", as affected by 2007 Wisconsin Act .... (this act),".

SB40-SSA1-SA1,129,18 376. Page 1073, line 6: delete lines 6 to 11 and substitute:

SB40-SSA1-SA1,129,19 " Section 2224ac. 77.51 (12) (a) of the statutes is amended to read:

SB40-SSA1-SA1,130,3 77.51 (12) (a) Any transfer of title, possession, ownership, enjoyment, or use by: cash or credit transaction, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatever of tangible personal property for a consideration, including any transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable;

SB40-SSA1-SA1, s. 2224ae Section 2224ae. 77.51 (12) (a) of the statutes, as affected by 2007 Wisconsin Act ... (this act), is repealed and recreated to read:

SB40-SSA1-SA1,130,14 77.51 (12) (a) Any transfer of title, possession, ownership, enjoyment, or use by: cash or credit transaction, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatever of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods for a consideration, including any transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable;".

SB40-SSA1-SA1,130,15 377. Page 1079, line 19: after that line insert:

SB40-SSA1-SA1,130,16 " Section 2237d. 77.51 (13) (p) of the statutes is created to read:

SB40-SSA1-SA1,130,18 77.51 (13) (p) All persons described in this subsection regardless of all of the following:

SB40-SSA1-SA1,130,19 1. Whether the transaction is mercantile in nature.

SB40-SSA1-SA1,130,20 2. Whether the seller sells smaller quantities from inventory.

SB40-SSA1-SA1,130,21 3. Whether the seller makes or intends to make a profit on the sale.

SB40-SSA1-SA1,130,23 4. Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB40-SSA1-SA1,130,24 5. The percentage of the seller's total sales that the sale represents.

SB40-SSA1-SA1,131,2 6. Any activities other than those described in pars. (a) to (o) in which the seller is engaged.".

SB40-SSA1-SA1,131,3 378. Page 1082, line 25: after that line insert:

SB40-SSA1-SA1,131,4 " Section 2253d. 77.51 (14) (m) of the statutes is created to read:

SB40-SSA1-SA1,131,8 77.51 (14) (m) A transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable.

SB40-SSA1-SA1, s. 2253e Section 2253e. 77.51 (14) (n) of the statutes is created to read:

SB40-SSA1-SA1,131,11 77.51 (14) (n) All activities described in this subsection regardless of all of the following:

SB40-SSA1-SA1,131,12 1. Whether the transaction is mercantile in nature.

SB40-SSA1-SA1,131,13 2. Whether the seller sells smaller quantities from inventory.

SB40-SSA1-SA1,131,14 3. Whether the seller makes or intends to make a profit on the sale.

SB40-SSA1-SA1,131,16 4. Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB40-SSA1-SA1,131,17 5. The percentage of the seller's total sales that the sale represents.

SB40-SSA1-SA1,131,19 6. Any activities other than those described in sub. (13) (a) to (o) in which the seller is engaged.".

SB40-SSA1-SA1,131,21 379. Page 1089, line 21: delete the material beginning with that line and ending with page 1090, line 2, and substitute:

SB40-SSA1-SA1,131,23 " Section 2269d. 77.51 (17) of the statutes is renumbered 77.51 (17) (intro.) and amended to read:

SB40-SSA1-SA1,132,5 77.51 (17) (intro.) "Seller" includes every person selling, leasing, or renting tangible personal property or selling, performing, or furnishing services of a kind the gross receipts from the sale, lease, rental, performance, or furnishing of which are required to be included in the measure of the sales tax. , regardless of all of the following:

SB40-SSA1-SA1, s. 2269e Section 2269e. 77.51 (17) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,132,13 77.51 (17) (intro.) "Seller" includes every person selling, leasing, or renting tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods or selling, performing, or furnishing services of a kind the gross receipts sales price from the sale, lease, rental, performance, or furnishing of which are is required to be included in the measure of the sales tax, regardless of all of the following:

SB40-SSA1-SA1, s. 2269f Section 2269f. 77.51 (17) (a) to (f) of the statutes are created to read:

SB40-SSA1-SA1,132,15 77.51 (17) (a) Whether the transaction is mercantile in nature.

SB40-SSA1-SA1,132,16 (b) Whether the seller sells smaller quantities from inventory.

SB40-SSA1-SA1,132,17 (c) Whether the seller makes or intends to make a profit on the sale.

SB40-SSA1-SA1,132,19 (d) Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB40-SSA1-SA1,132,20 (e) The percentage of the seller's total sales that the sale represents.

SB40-SSA1-SA1,132,22 (f) Any activities other than those described in sub. (13) (a) to (o) in which the seller is engaged.".

SB40-SSA1-SA1,132,23 380. Page 1097, line 4: after that line insert:

SB40-SSA1-SA1,132,24 " Section 2289d. 77.52 (1b) of the statutes is created to read:

SB40-SSA1-SA1,133,3 77.52 (1b) All sales, leases, or rentals of tangible personal property at retail in this state are subject to the tax imposed under sub. (1) unless an exemption in this subchapter applies.

SB40-SSA1-SA1, s. 2289e Section 2289e. 77.52 (1b) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-SSA1-SA1,133,9 77.52 (1b) All sales, leases, or rentals of tangible personal property, items or property under sub. (1) (b) or (c), specified digital goods, or additional digital goods at retail in this state are subject to the tax imposed under sub. (1) unless an exemption in this subchapter applies.".

SB40-SSA1-SA1,133,10 381. Page 1102, line 7: after that line insert:

SB40-SSA1-SA1,133,11 " Section 2300d. 77.52 (2n) of the statutes is created to read:

SB40-SSA1-SA1,133,14 77.52 (2n) The selling, performing, or furnishing of the services described under sub. (2) (a) at retail in this state is subject to the tax imposed under sub. (2) unless an exemption in this subchapter applies.

SB40-SSA1-SA1, s. 2300e Section 2300e. 77.52 (2n) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-SSA1-SA1,133,20 77.52 (2n) The selling, licensing, performing, or furnishing of the services described under sub. (2) (a) at retail in this state, as determined under s. 77.522, is subject to the tax imposed under sub. (2) unless an exemption in this subchapter applies.".

SB40-SSA1-SA1,133,21 382. Page 1118, line 11: after that line insert:

SB40-SSA1-SA1,133,22 " Section 2326d. 77.53 (1b) of the statutes is created to read:

SB40-SSA1-SA1,134,2 77.53 (1b) The storage, use, or other consumption in this state of tangible personal property, and the use or other consumption in this state of a taxable service, purchased from any retailer is subject to the tax imposed in this section unless an exemption in this subchapter applies.

SB40-SSA1-SA1, s. 2326e Section 2326e. 77.53 (1b) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-SSA1-SA1,134,9 77.53 (1b) The storage, use, or other consumption in this state of tangible personal property, items or property under s. 77.52 (1) (b) or (c), specified digital goods, or additional digital goods, and the use or other consumption in this state of a taxable service, purchased from any retailer is subject to the tax imposed in this section unless an exemption in this subchapter applies.".

SB40-SSA1-SA1,134,10 383. Page 1128, line 25: after that line insert:

SB40-SSA1-SA1,134,11 " Section 2356d. 77.54 (9a) (a) of the statutes is amended to read: