SB73,3,1717 f. Polybrominated diphenyl ether.
SB73,3,2218 (c) Limitations. 1. The maximum amount of all credits that may be claimed
19under this subsection and ss. 71.28 (5i) and 71.47 (5i) is $2,000,000. No claimant may
20claim a credit under this subsection unless the claimant submits with the claimant's
21return a copy of the claimant's certification for credits under 2007 Wisconsin Act ....
22(this act), section 14.
SB73,4,523 2. Partnerships, limited liability companies, and tax-option corporations may
24not claim the credit under this subsection, but the eligibility for, and the amount of,
25the credit are based on their payment of amounts under par. (b). A partnership,

1limited liability company, or tax-option corporation shall compute the amount of
2credit that each of its partners, members, or shareholders may claim and shall
3provide that information to each of them. Partners, members of limited liability
4companies, and shareholders of tax-option corporations may claim the credit in
5proportion to their ownership interests.
SB73,4,76 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
7s. 71.28 (4), applies to the credit under this subsection.
SB73, s. 3 8Section 3. 71.08 (1) (intro.) of the statutes is amended to read:
SB73,4,189 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married
10couple filing jointly, trust, or estate under s. 71.02, not considering the credits under
11ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3c), (3e), (3m),
12(3n), (3s), (3t), (3w), (5b), (5d), (5e), (5f), (5i), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di),
13(1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and 71.47 (1dd), (1de),
14(1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and subchs. VIII
15and IX and payments to other states under s. 71.07 (7), is less than the tax under this
16section, there is imposed on that natural person, married couple filing jointly, trust
17or estate, instead of the tax under s. 71.02, an alternative minimum tax computed
18as follows:
SB73, s. 4 19Section 4. 71.10 (4) (gab) of the statutes is created to read:
SB73,4,2020 71.10 (4) (gab) Green data center credit under s. 71.07 (5i).
SB73, s. 5 21Section 5. 71.21 (4) of the statutes is amended to read:
SB73,4,2422 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
23(2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h),
24and (5i)
and passed through to partners shall be added to the partnership's income.
SB73, s. 6 25Section 6. 71.26 (2) (a) of the statutes is amended to read:
SB73,5,18
171.26 (2) (a) Corporations in general. The "net income" of a corporation means
2the gross income as computed under the Internal Revenue Code as modified under
3sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit
4computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c)
57., the amount of the credit under s. 71.28 (3) that the taxpayer added to income
6under this paragraph at the time that the taxpayer first claimed the credit plus the
7amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm),
8(1ds), (1dx), (3g), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), and (5i) and not passed
9through by a partnership, limited liability company, or tax-option corporation that
10has added that amount to the partnership's, limited liability company's, or
11tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount
12of losses from the sale or other disposition of assets the gain from which would be
13wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise
14disposed of at a gain and minus deductions, as computed under the Internal Revenue
15Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to
16the difference between the federal basis and Wisconsin basis of any asset sold,
17exchanged, abandoned, or otherwise disposed of in a taxable transaction during the
18taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).
SB73, s. 7 19Section 7. 71.28 (5i) of the statutes is created to read:
SB73,5,2020 71.28 (5i) Green data center credit. (a) Definitions. In this subsection:
SB73,5,2121 1. "Claimant" means a person who files a claim under this subsection.
SB73,5,2522 2. "Green data center" means a repository for the storage, management, and
23dissemination of data, if the mechanical, lighting, electrical, and computer systems
24of the real property in which the repository is located are designed for maximum
25energy efficiency and minimum environmental impact.
SB73,6,2
13. "Reduced amount" means an amount that is at least 25 percent less than the
2maximum amount allowed under federal law.
SB73,6,83 (b) Filing claims. Subject to the limitations provided in this subsection and
42007 Wisconsin Act .... (this act), section 14 , for taxable years beginning after June
530, 2007, and before July 1, 2009, a claimant may claim as a credit against the taxes
6imposed under s. 71.23, up to the amount of the taxes, the amount that the claimant
7paid in the taxable year for the following items that are used to construct and operate
8a green data center:
SB73,6,99 1. At least 2 of the following:
SB73,6,1010 a. Low-emission building materials, including carpets and paints.
SB73,6,1111 b. Sustainable landscaping.
SB73,6,1212 c. An electronic waste recycling program, as defined by the department.
SB73,6,1313 2. At least 2 of the following:
SB73,6,1414 a. Catalytic converters on back-up generators.
SB73,6,1515 b. Photovoltaics.
SB73,6,1616 c. Heat pumps.
SB73,6,1717 d. Evaporative cooling.
SB73,6,1918 3. Equipment or equipment components that have a reduced amount, or none,
19of at least 4 of the following:
SB73,6,2020 a. Mercury.
SB73,6,2121 b. Cadmium.
SB73,6,2222 c. Lead.
SB73,6,2323 d. Chromium VI.
SB73,6,2424 e. Polybrominated biphenyls.
SB73,6,2525 f. Polybrominated diphenyl ether.
SB73,7,5
1(c) Limitations. 1. The maximum amount of all credits that may be claimed
2under this subsection and ss. 71.07 (5i) and 71.47 (5i) is $2,000,000. No claimant may
3claim a credit under this subsection unless the claimant submits with the claimant's
4return a copy of the claimant's certification for credits under 2007 Wisconsin Act ....
5(this act), section 14.
SB73,7,136 2. Partnerships, limited liability companies, and tax-option corporations may
7not claim the credit under this subsection, but the eligibility for, and the amount of,
8the credit are based on their payment of amounts under par. (b). A partnership,
9limited liability company, or tax-option corporation shall compute the amount of
10credit that each of its partners, members, or shareholders may claim and shall
11provide that information to each of them. Partners, members of limited liability
12companies, and shareholders of tax-option corporations may claim the credit in
13proportion to their ownership interests.
SB73,7,1514 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
15sub. (4), applies to the credit under this subsection.
SB73, s. 8 16Section 8. 71.30 (3) (dq) of the statutes is created to read:
SB73,7,1717 71.30 (3) (dq) Green data center credit under s. 71.28 (5i).
SB73, s. 9 18Section 9. 71.34 (1) (g) of the statutes is amended to read:
SB73,7,2219 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
20corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
21(3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) , and (5i) and passed through to
22shareholders.
SB73, s. 10 23Section 10. 71.45 (2) (a) 10. of the statutes is amended to read:
SB73,8,424 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
25computed under s. 71.47 (1dd) to (1dx), (3n), (3w), (5b), (5e), (5f), (5g), and (5h), and

1(5i)
and not passed through by a partnership, limited liability company, or tax-option
2corporation that has added that amount to the partnership's, limited liability
3company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and
4the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
SB73, s. 11 5Section 11. 71.47 (5i) of the statutes is created to read:
SB73,8,66 71.47 (5i) Green data center credit. (a) Definitions. In this subsection:
SB73,8,77 1. "Claimant" means a person who files a claim under this subsection.
SB73,8,118 2. "Green data center" means a repository for the storage, management, and
9dissemination of data, if the mechanical, lighting, electrical, and computer systems
10of the real property in which the repository is located are designed for maximum
11energy efficiency and minimum environmental impact.
SB73,8,1312 3. "Reduced amount" means an amount that is at least 25 percent less than the
13maximum amount allowed under federal law.
SB73,8,1914 (b) Filing claims. Subject to the limitations provided in this subsection and
152007 Wisconsin Act .... (this act), section 14 , for taxable years beginning after June
1630, 2007, and before July 1, 2009, a claimant may claim as a credit against the taxes
17imposed under s. 71.43, up to the amount of the taxes, the amount that the claimant
18paid in the taxable year for the following items that are used to construct and operate
19a green data center:
SB73,8,2020 1. At least 2 of the following:
SB73,8,2121 a. Low-emission building materials, including carpets and paints.
SB73,8,2222 b. Sustainable landscaping.
SB73,8,2323 c. An electronic waste recycling program, as defined by the department.
SB73,8,2424 2. At least 2 of the following:
SB73,8,2525 a. Catalytic converters on back-up generators.
SB73,9,1
1b. Photovoltaics.
SB73,9,22 c. Heat pumps.
SB73,9,33 d. Evaporative cooling.
SB73,9,54 3. Equipment or equipment components that have a reduced amount, or none,
5of at least 4 of the following:
SB73,9,66 a. Mercury.
SB73,9,77 b. Cadmium.
SB73,9,88 c. Lead.
SB73,9,99 d. Chromium VI.
SB73,9,1010 e. Polybrominated biphenyls.
SB73,9,1111 f. Polybrominated diphenyl ether.
SB73,9,1612 (c) Limitations. 1. The maximum amount of all credits that may be claimed
13under this subsection and ss. 71.07 (5i) and 71.28 (5i) is $2,000,000. No claimant may
14claim a credit under this subsection unless the claimant submits with the claimant's
15return a copy of the claimant's certification for credits under 2007 Wisconsin Act ....
16(this act), section 14.
SB73,9,2417 2. Partnerships, limited liability companies, and tax-option corporations may
18not claim the credit under this subsection, but the eligibility for, and the amount of,
19the credit are based on their payment of amounts under par. (b). A partnership,
20limited liability company, or tax-option corporation shall compute the amount of
21credit that each of its partners, members, or shareholders may claim and shall
22provide that information to each of them. Partners, members of limited liability
23companies, and shareholders of tax-option corporations may claim the credit in
24proportion to their ownership interests.
SB73,10,2
1(d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
2s. 71.28 (4), applies to the credit under this subsection.
SB73, s. 12 3Section 12. 71.49 (1) (dq) of the statutes is created to read:
SB73,10,44 71.49 (1) (dq) Green data center credit under s. 71.47 (5i).
SB73, s. 13 5Section 13. 77.92 (4) of the statutes is amended to read:
SB73,10,206 77.92 (4) "Net business income," with respect to a partnership, means taxable
7income as calculated under section 703 of the Internal Revenue Code; plus the items
8of income and gain under section 702 of the Internal Revenue Code, including taxable
9state and municipal bond interest and excluding nontaxable interest income or
10dividend income from federal government obligations; minus the items of loss and
11deduction under section 702 of the Internal Revenue Code, except items that are not
12deductible under s. 71.21; plus guaranteed payments to partners under section 707
13(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
14(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), (3w), (5b), (5e), (5f),
15(5g), and (5h), and (5i); and plus or minus, as appropriate, transitional adjustments,
16depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and
17(19); but excluding income, gain, loss, and deductions from farming. "Net business
18income," with respect to a natural person, estate, or trust, means profit from a trade
19or business for federal income tax purposes and includes net income derived as an
20employee as defined in section 3121 (d) (3) of the Internal Revenue Code.
SB73, s. 14 21Section 14 . Nonstatutory provisions.
SB73,10,2222 (1) Green Data center credit program.
SB73,11,223 (a) Not later than 30 days after the effective date of this subsection, the
24department of commerce shall implement a program for certifying businesses as

1eligible for tax credits under sections 71.07 (5i), 71.28 (5i), and 71.47 (5i) of the
2statutes.
SB73,11,63 (b) If the department of commerce certifies a business as eligible under
4paragraph (a), the department shall determine the maximum amount of tax credits
5the business may claim. The total amount of tax credits allocated to all eligible
6businesses may not exceed $2,000,000.
SB73,11,177 (c) Notwithstanding section 227.24 of the statutes, the department of
8commerce may promulgate emergency rules necessary to administer this subsection.
9Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules
10promulgated under this subsection remain in effect until the effective date of
11permanent rules promulgated under this subsection, or the first day of the 13th
12month after the effective date of this subsection, whichever is sooner.
13Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of
14commerce is not required to provide evidence that promulgating a rule under this
15subsection as an emergency rule is necessary for the preservation of the public peace,
16health, safety, or welfare and is not required to provide a finding of emergency for a
17rule promulgated under this subsection.
SB73,11,1818 (d) This subsection does not apply after June 30, 2008.
SB73,11,1919 (End)
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