AB75-SSA1-SA1,65,2
2"
Section 1520f. 70.32 (2) (c) 1g. of the statutes is amended to read:
AB75-SSA1-SA1,65,63
70.32
(2) (c) 1g. "Agricultural land" means land, exclusive of buildings and
4improvements and the land necessary for their location and convenience, that is
5devoted primarily to agricultural use, as defined by rule
, not including any land that
6is platted or zoned for residential, commercial, or industrial use.".
AB75-SSA1-SA1,65,2212
71.05
(6) (b) 9. On
farm assets held more than one year and on all
farm assets
13acquired from a decedent,
to the extent that they are not subtracted under subd. 10., 1460% of the capital gain as computed under the
internal revenue code Internal
15Revenue Code, not including capital gains for which the federal tax treatment is
16determined under section 406 of P.L. 99-514; not including amounts treated as
17ordinary income for federal income tax purposes because of the recapture of
18depreciation or any other reason; and not including amounts treated as capital gain
19for federal income tax purposes from the sale or exchange of a lottery prize.
In this
20subdivision, "farm assets" mean livestock, farm equipment, farm real property, and
21farm depreciable property. For purposes of this subdivision, the capital gains and
22capital losses for all assets shall be netted before application of the percentage.".
AB75-SSA1-SA1,66,72
71.05
(6) (b) 32. (intro.) An amount paid into a college savings account, as
3described in s. 14.64, if the beneficiary of the account is one of the following: the
4claimant; the claimant's child
and the claimant's dependent who is claimed under
5section 151 (c) of the Internal Revenue Code; the claimant's grandchild; the
6claimant's great-grandchild; or the claimant's niece or nephew; calculated as
7follows:
AB75-SSA1-SA1,66,219
71.05
(6) (b) 32. a. An amount equal to not more than $3,000 per beneficiary
, 10by each contributor
, or $1,500 by each contributor who is married and files
11separately, to an account for each year to which the claim relates, except that the total
12amount for which a deduction may be claimed under this subdivision and under
13subd. 33., per beneficiary by any claimant may not exceed $3,000 each year
, or $1,500
14each year by any claimant who is married and files separately. In the case of a
15married couple
filing a joint return, the total deduction under this subdivision and
16under subd. 33., per beneficiary by the married couple may not exceed $3,000 each
17year.
In the case of divorced parents, the total deduction under this subdivision and
18under subd. 33., per beneficiary by the formerly married couple, may not exceed
19$3,000, and the maximum amount that may be deducted by each former spouse is
20$1,500, unless the divorce judgment specifies a different division of the $3,000
21maximum that may be claimed by each former spouse.
AB75-SSA1-SA1,67,323
71.05
(6) (b) 33. (intro.) An amount paid into a college tuition and expenses
24program, as described in s. 14.63, if the beneficiary of the account is one of the
25following: the claimant; the claimant's child
and the claimant's dependent who is
1claimed under section 151 (c) of the Internal Revenue Code; the claimant's
2grandchild; the claimant's great-grandchild; or the claimant's niece or nephew;
3calculated as follows:
AB75-SSA1-SA1,67,175
71.05
(6) (b) 33. a. An amount equal to not more than $3,000 per beneficiary
, 6by each contributor
, or $1,500 by each contributor who is married and files
7separately, to an account for each year to which the claim relates, except that the total
8amount for which a deduction may be claimed under this subdivision and under
9subd. 32., per beneficiary by any claimant may not exceed $3,000 each year
, or $1,500
10each year by any claimant who is married and files separately. In the case of a
11married couple
filing a joint return, the total deduction under this subdivision and
12under subd. 32., per beneficiary by the married couple may not exceed $3,000 each
13year.
In the case of divorced parents, the total deduction under this subdivision and
14under subd. 32., per beneficiary by the formerly married couple, may not exceed
15$3,000, and the maximum amount that may be deducted by each former spouse is
16$1,500, unless the divorce judgment specifies a different division of the $3,000
17maximum that may be claimed by each former spouse.".
AB75-SSA1-SA1,67,2320
71.07
(9e) (g) 1. If an individual claims the credit under this subsection and
21claims the federal advance earned income tax credit, the individual may request that
22his or her employer add to his or her paycheck an advance payment amount
23calculated under subd. 2.
AB75-SSA1-SA1,68,6
12. The advance payment amount that an individual's employer shall add to the
2individual's paycheck, as described in subd. 1., shall be equal to a percentage of the
3amount that the individual's employer adds to the individual's paycheck as an
4advance earned income tax credit payment under federal law. The percentage shall
5be the same percentage as is specified in par. (af), based on the number of qualifying
6children that the individual has.
AB75-SSA1-SA1,68,107
3. An employer may deduct from the aggregate amount that the employer
8would otherwise be required to withhold from employee wages and forward to the
9department, under ss. 71.64 and 71.65, the total amount of any advance payments
10the employer makes under subd. 2.
AB75-SSA1-SA1,68,1411
4. The department shall prepare any forms and instructions that may be
12necessary to facilitate the addition of the advance payment amount calculated under
13subd. 2. to an individual's paycheck and any changes to the withholding procedures
14as described under subd. 3.".
AB75-SSA1-SA1,69,618
71.255
(2m) Election to include every member of commonly controlled
19group. (a) The designated agent as provided in sub. (7) may elect, without first
20obtaining written approval from the department, to include in its combined group
21every corporation in its commonly controlled group, regardless of whether such
22corporations are engaged in the same unitary business as the designated agent.
23Corporations included in the combined group by operation of this election are
24required to use combined reporting only to the extent described in sub. (2). The
1commonly controlled group shall calculate its Wisconsin income and apportionment
2factors as provided under subs. (3), (4), and (5), and all income of all members of the
3commonly controlled group, whether or not such income would otherwise be subject
4to apportionment or allocable to a particular state in the absence of an election under
5this subsection, shall be treated as apportionable income for purposes of the
6combined report.
AB75-SSA1-SA1,69,107
(b) The election under this subsection shall be executed by the designated agent
8on an original, timely filed combined report. Any corporation that becomes
9includable in the commonly controlled group subsequent to the year of election shall
10have waived any objection to its inclusion in the combined report.
AB75-SSA1-SA1,69,1911
(c) An election under this subsection shall be binding for and applicable to the
12taxable year for which it is made and for the next 9 taxable years. An election may
13be renewed for another 10 taxable years, without prior written approval from the
14department after it has been in effect for 10 taxable years. The renewal shall be made
15on an original, timely filed return for the first taxable year after the completion of
16a 10-year period for which an election under this subsection was in place. An election
17that is not renewed shall be revoked. In the case of a revocation, a new election under
18this subsection shall not be permitted in any of the immediately following 3 taxable
19years.
AB75-SSA1-SA1,69,2320
(d) The department shall disregard the tax effect of an election under this
21subsection, or disallow the election, with respect to any controlled group member or
22members for any year of the election period, if the department determines that the
23election has the effect of tax avoidance.".
AB75-SSA1-SA1,70,113
71.255
(6) (a) Except as provided in
par. pars. (b)
and (c), no tax credit,
4Wisconsin net business loss carry-forward, or other post-apportionment deduction
5earned by one member of the combined group, but not fully used by or allowed to that
6member, may be used in whole or in part by another member of the combined group
7or applied in whole or in part against the total income of the combined group. A
8member of a combined group may use a carry-forward of a credit, Wisconsin net
9business loss carry-forward, or other post-apportionment deduction otherwise
10allowable under s. 71.26 or 71.45, that was incurred by that same member in a
11taxable year beginning before
March 6 January 1, 2009.".
AB75-SSA1-SA1,70,2014
71.255
(6) (c) 1. Subject to the limitations provided under s. 71.26 (3) (n), for
15each taxable year that a corporation that is a member of a combined group has an
16unused credit or credit carry-forward under s. 71.28 (4) or (5) or 71.47 (4) or (5), the
17corporation may, after using that credit or credit carry-forward to offset its own tax
18liability for the taxable year, use that credit or credit carry-forward to offset the tax
19liability of all other members of the combined group on a proportionate basis, to the
20extent such tax liability is attributable to the unitary business.
AB75-SSA1-SA1,70,2321
2. Unless otherwise provided by the department by rule, if the corporation may
22no longer be included in the combined group, as determined by this section, the
23corporation's unused credits shall be available only to that corporation.".
AB75-SSA1-SA1,72,212
77.02
(1) Petition. The owner of an entire quarter quarter section, fractional
13lot or government lot as determined by U.S. government survey plat, excluding
14public roads and railroad rights-of-way that may have been sold, may file with the
15department of natural resources a petition stating that the owner believes the lands
16therein described are more useful for growing timber and other forest crops than for
17any other purpose, that the owner intends to practice forestry thereon, that all
18persons holding encumbrances thereon have joined in the petition and requesting
19that such lands be approved as "Forest Croplands" under this subchapter. Whenever
20any such land is encumbered by a mortgage or other indenture securing any issue
21of bonds or notes, the trustee named in such mortgage or indenture or any
22amendment thereto may join in such petition, and such action shall for the purpose
23of this section be deemed the action of all holders of such bonds or notes.
Land for
1which a petition is submitted under sub. (4) is exempt from the size requirements
2specified under this subsection.
AB75-SSA1-SA1,72,164
77.02
(3) Decision, copies. (a) After receiving all the evidence offered at any
5hearing held on the petition and after making such independent investigation as it
6sees fit the department shall make its findings of fact and make and enter an order
7accordingly. If it finds that the facts give reasonable assurance that a stand of
8merchantable timber will be developed on such descriptions within a reasonable
9time, and that such descriptions are then held permanently for the growing of timber
10under sound forestry practices, rather than for agricultural, mineral, shoreland
11development of navigable waters, recreational, residential or other purposes, and
12that all persons holding encumbrances against such descriptions have in writing
13agreed to the petition, the order entered shall grant the request of the petitioner on
14condition that all unpaid taxes against said descriptions be paid within 30 days
15thereafter; otherwise the department of natural resources shall deny the request of
16the petitioner.
AB75-SSA1-SA1,72,23
17(b) If the request of
the a petitioner is granted
under par. (a) or sub. (4), a copy
18of such order shall be filed with the department of revenue, the supervisor of
19equalization and the clerk of each town, and the order shall be recorded with the
20register of deeds of each county, in which any of the lands affected by the order are
21located. The register of deeds shall record the entry, transfer or withdrawal of all
22forest croplands in a suitable manner on the county records. The register of deeds
23may collect recording fees under s. 59.43 (2) from the owner.
Any
AB75-SSA1-SA1,73,3
24(c) Except as provided in sub. (4) (b), any order of the department relating to the
25entry of forest croplands issued on or before November 20 of any year shall take effect
1on January 1 of the following calendar year, but all orders issued after November 20
2shall take effect on January 1 of the calendar year following the calendar year in
3which orders issued on or before November 20 would have been effective.
AB75-SSA1-SA1,73,95
77.02
(4) Exemption for certain smaller parcels. (a) A landowner of a parcel
6that is less than a quarter quarter section in size may petition the department of
7natural resources to allow the land to be entered as forest croplands under this
8section. The department shall grant the petition and issue an order entering the land
9as forest croplands if all of the following apply:
AB75-SSA1-SA1,73,1010
1. The landowner of the parcel is a nonprofit archery club.
AB75-SSA1-SA1,73,1211
2. The parcel of land was part of a quarter quarter section or lot that was
12entered as forest croplands before January 1, 1968.
AB75-SSA1-SA1,73,1413
3. The parcel of land was divided from the section or lot and was sold to the
14landowner before January 1, 2009.
AB75-SSA1-SA1,73,1915
(b) An order issued under par. (a) shall take effect on the date of its issuance.
16Notwithstanding the 25-year or 50-year requirement under s. 77.03, the date for the
17ending of a order entered under par. (a) shall be the same date as the date for the
18ending of the order that applies to the section or lot from which the parcel was
19divided.
AB75-SSA1-SA1,73,2120
(c) Subsections (2) and (3) (a) do not apply to a petition submitted under this
21subsection.
AB75-SSA1-SA1,74,322
(d) The taxes and penalties under s. 77.10 do not apply to a parcel affected by
23an order of withdrawal if an order of entry is subsequently issued for the parcel under
24par. (a). If an order of withdrawal is issued for such a parcel after the issuance of the
25order for entry under par. (a), the landowner shall be liable for all withdrawal taxes
1and penalties under s. 77.10 that would have been levied on the parcel if the parcel
2had continuously been subject to the original order of entry issued for the entire
3quarter quarter section or lot.
AB75-SSA1-SA1,75,2
577.03 Taxation of forest croplands. After the filing and recording of the
6order with the officers under s. 77.02 (3) the lands described therein shall be "Forest
7Croplands", on which taxes shall thereafter be payable only as provided under this
8subchapter. The enactment of ss. 77.01 to 77.14, petition by the owner and the
9making of the order under s. 77.02 (3)
or (4) (a) shall constitute a contract between
10the state and the owner, running with the lands, for a period of 25 or 50 years at the
11election of the applicant at the time the petition is filed, unless withdrawn under s.
1277.10, with privilege of renewal by mutual agreement between the owner and the
13state, whereby the state as an inducement to owners and prospective purchasers of
14forest croplands to come under ss. 77.01 to 77.14 agrees that, unless withdrawn
15under s. 77.10, no change in or repeal of ss. 77.01 to 77.14 shall apply to any land then
16accepted as forest croplands, except as the department of natural resources and the
17owner may expressly agree in writing and except as provided in s. 77.17. If at the
18end of the contract period the land is not designated as managed forest land under
19subch. VI, the merchantable timber on the land shall be estimated by an estimator
20jointly agreed upon by the department of natural resources and the owner, and if the
21department and the owner fail to agree on an estimator, the judge of the circuit court
22of the district in which the lands lie shall appoint a qualified forester, whose estimate
23shall be final, and the cost thereof shall be borne jointly by the department of natural
24resources and the owner; and the 10% severance tax paid on the stumpage thereon
25in the same manner as if the stumpage had been cut. The owners by such contract
1consent that the public may hunt and fish on the lands, subject to such rules as the
2department of natural resources prescribes regulating hunting and fishing.
AB75-SSA1-SA1,75,194
77.04
(1) Tax roll. The clerk on making up the tax roll shall enter as to each
5forest cropland description in a special column or some other appropriate place in
6such tax roll headed by the words "Forest Croplands" or the initials "F.C.L.", which
7shall be a sufficient designation that such description is subject to this subchapter.
8Such land shall thereafter be assessed and be subject to review under ch. 70, and
9such assessment may be used by the department of revenue in the determination of
10the tax upon withdrawal of such lands as forest croplands as provided in s. 77.10 for
11entries prior to 1972
or for any entry under s. 77.02 (4) (a). The tax upon withdrawal
12of descriptions entered as forest croplands after December 31, 1971, may be
13determined by the department of revenue by multiplying the last assessed value of
14the land prior to the time of the entry by an annual ratio computed for the state under
15sub. (2) to establish the annual assessed value of the description. No tax shall be
16levied on forest croplands except the specific annual taxes as provided, except that
17any building located on forest cropland shall be assessed as personal property,
18subject to all laws and regulations for the assessment and taxation of general
19property.
AB75-SSA1-SA1,76,1221
77.04
(2) Tax per acre; payment; penalty. The "acreage share" shall be
22computed at the rate of 10 cents per acre on all lands entered prior to 1972
or entered
23under s. 77.02 (4) (a). On all lands entered after December 31, 1971, the "acreage
24share" shall be computed every 10 years to the nearest cent by the department of
25revenue at the rate of 20 cents per acre multiplied by a ratio using the equalized value
1of the combined residential, commercial, manufacturing, agricultural, undeveloped,
2agricultural forest, and productive forest land classes under s. 70.32 (2) within the
3state in 1972 as the denominator, and using equalized value for these combined land
4classes in 1982 and every 10th year thereafter as the numerator. All owners shall
5pay to the taxation district treasurer the acreage share on each description on or
6before January 31. If the acreage share is not paid when due to the taxation district
7treasurer it shall be subject to interest and penalty as provided under ss. 74.11 (11),
874.12 (10) and 74.47. These lands shall be returned as delinquent and a tax
9certificate under subch. VII of ch. 74 shall be issued on them. After 2 years from the
10date of the issuance of a tax certificate, the county clerk shall promptly take a tax
11deed under ch. 75. On taking such deed the county clerk shall certify that fact and
12specify the descriptions to the department of natural resources.
AB75-SSA1-SA1,76,1514
77.13
(3) Subsections (1) and (2) do not apply to any petition submitted under
15s. 77.02 (4).".
AB75-SSA1-SA1,76,18
17"
Section 1835dg. 77.51 (12m) (b) 9. of the statutes, as created by 2009
18Wisconsin Act .... (this act), is repealed.
AB75-SSA1-SA1,76,2120
77.51
(12m) (b) 10. The surcharges imposed under s. 256.35 (3g) (a) 1. and 2.
21a.".
AB75-SSA1-SA1,76,24
23"
Section 1836eg. 77.51 (15b) (b) 9. of the statutes, as created by 2009
24Wisconsin Act .... (this act), is repealed.".
AB75-SSA1-SA1,77,32
77.51
(15b) (b) 10. The surcharges imposed under s. 256.35 (3g) (a) 1. and 2.
3a.".
AB75-SSA1-SA1,77,97
77.54
(37) The sales price from revenues collected under
s. 256.35 (3) and the
8surcharge established by rule by the public service commission under s. 256.35 (3m)
9(f) for customers of wireless providers, as defined in s. 256.35 (3m) (a) 6.".
AB75-SSA1-SA1,77,11
11"1d. "Animals" include bacteria, viruses, and other microorganisms.".
AB75-SSA1-SA1,77,19
14"1m "Biotechnology business" means a business, as certified by the department
15in the manner prescribed by the department, that is primarily engaged in the
16application of biotechnologies that use a living organism or parts of an organism to
17produce or modify products to improve plants or animals, develop microorganisms
18for specific uses, identify targets for small molecule pharmaceutical development, or
19transform biological systems into useful processes and products.".
