LRBb1398/2
JK&TKK:wlj&kjf:rs
2009 - 2010 LEGISLATURE
SENATE AMENDMENT 9,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
June 17, 2009 - Offered by Senators
Leibham, Hopper, Olsen, Kapanke, Cowles,
Schultz, S. Fitzgerald, Darling, Kanavas and Lazich.
AB75-SSA1-SA9,1,4
4"
Section 619d. 20.835 (2) (a) of the statutes is created to read:
AB75-SSA1-SA9,1,65
20.835
(2) (a)
Jobs creation credit. A sum sufficient to make the payments
6under ss. 71.07 (3x) (d) 2., 71.28 (3x) (d) 2., and 71.47 (3x) (d) 2.".
AB75-SSA1-SA9,2,3
171.07
(3x) Jobs creation tax credit. (a)
Definitions. In this subsection,
2"claimant" means a person who is certified to claim tax benefits under s. 560.2057
3(2).
AB75-SSA1-SA9,2,74
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
5560.2057, for taxable years beginning after December 31, 2009, a claimant may claim
6as a credit against the taxes imposed under ss. 71.02 and 71.08 the amount
7determined under s. 560.2057 (4) (b).
AB75-SSA1-SA9,2,158
(c)
Limitations. 1. Partnerships, limited liability companies, and tax-option
9corporations may not claim the credit under this subsection, but the eligibility for,
10and the amount of, the credit are based on their payment of the amounts determined
11under s. 560.2057 (4) (b). A partnership, limited liability company, or tax-option
12corporation shall compute the amount of credit that each of its partners, members,
13or shareholders may claim and shall provide that information to each of them.
14Partners, members of limited liability companies, and shareholders of tax-option
15corporations may claim the credit in proportion to their ownership interests.
AB75-SSA1-SA9,2,1816
2. No credit may be allowed under this subsection unless the claimant includes
17with the claimant's return a copy of the claimant's certification for tax benefits under
18s. 560.2057 (2).
AB75-SSA1-SA9,2,2019
(d)
Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
20credit under s. 71.28 (4), applies to the credit under this subsection.
AB75-SSA1-SA9,2,2521
2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
22due under s. 71.02 or 71.08, the amount of the claim not used to offset the tax due
23shall be certified by the department of revenue to the department of administration
24for payment by check, share draft, or other draft drawn from the appropriation
25account under s. 20.835 (2) (a).".
AB75-SSA1-SA9,3,97
71.28
(3x) Jobs creation tax credit. (a)
Definitions. In this subsection,
8"claimant" means a person who is certified to claim tax benefits under s. 560.2057
9(2).
AB75-SSA1-SA9,3,1310
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
11560.2057, for taxable years beginning after December 31, 2009, a claimant may claim
12as a credit against the tax imposed under s. 71.23 the amount determined under s.
13560.2057 (4) (b).
AB75-SSA1-SA9,3,2114
(c)
Limitations. 1. Partnerships, limited liability companies, and tax-option
15corporations may not claim the credit under this subsection, but the eligibility for,
16and the amount of, the credit are based on their payment of the amounts determined
17under s. 560.2057 (4) (b). A partnership, limited liability company, or tax-option
18corporation shall compute the amount of credit that each of its partners, members,
19or shareholders may claim and shall provide that information to each of them.
20Partners, members of limited liability companies, and shareholders of tax-option
21corporations may claim the credit in proportion to their ownership interests.
AB75-SSA1-SA9,3,2422
2. No credit may be allowed under this subsection unless the claimant includes
23with the claimant's return a copy of the claimant's certification for tax benefits under
24s. 560.2057 (2).
AB75-SSA1-SA9,4,2
1(d)
Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
2under sub. (4), applies to the credit under this subsection.
AB75-SSA1-SA9,4,73
2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
4due under s. 71.23, the amount of the claim not used to offset the tax due shall be
5certified by the department of revenue to the department of administration for
6payment by check, share draft, or other draft drawn from the appropriation account
7under s. 20.835 (2) (a).".
AB75-SSA1-SA9,4,1614
71.47
(3x) Jobs creation tax credit. (a)
Definitions. In this subsection,
15"claimant" means a person who is certified to claim tax benefits under s. 560.2057
16(2).
AB75-SSA1-SA9,4,2017
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
18560.2057, for taxable years beginning after December 31, 2009, a claimant may claim
19as a credit against the tax imposed under s. 71.43 the amount determined under s.
20560.2057 (4) (b).
AB75-SSA1-SA9,5,421
(c)
Limitations. 1. Partnerships, limited liability companies, and tax-option
22corporations may not claim the credit under this subsection, but the eligibility for,
23and the amount of, the credit are based on their payment of the amounts determined
24under s. 560.2057 (4) (b). A partnership, limited liability company, or tax-option
1corporation shall compute the amount of credit that each of its partners, members,
2or shareholders may claim and shall provide that information to each of them.
3Partners, members of limited liability companies, and shareholders of tax-option
4corporations may claim the credit in proportion to their ownership interests.
AB75-SSA1-SA9,5,75
2. No credit may be allowed under this subsection unless the claimant includes
6with the claimant's return a copy of the claimant's certification for tax benefits under
7s. 560.2057 (2).
AB75-SSA1-SA9,5,98
(d)
Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
9credit under s. 71.28 (4), applies to the credit under this subsection.
AB75-SSA1-SA9,5,1410
2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
11due under s. 71.43, the amount of the claim not used to offset the tax due shall be
12certified by the department of revenue to the department of administration for
13payment by check, share draft, or other draft drawn from the appropriation account
14under s. 20.835 (2) (a).".
AB75-SSA1-SA9,5,20
20560.2057 Jobs creation tax credit. (1) Definitions. In this section:
AB75-SSA1-SA9,5,2321
(a) "Business" means any organization or enterprise operated for profit,
22including a proprietorship, partnership, firm, business trust, joint venture,
23syndicate, corporation, limited liability company, or association.
AB75-SSA1-SA9,6,2
1(b) "Eligible employee" means a person employed in a full-time job by a person
2certified in sub. (2).
AB75-SSA1-SA9,6,83
(c) "Full-time job" means a regular, nonseasonal full-time position in which an
4individual, as a condition of employment, is required to work at least 2,080 hours per
5year, including paid leave and holidays, and for which the individual receives pay
6that is equal to at least 150 percent of the federal minimum wage and benefits that
7are not required by federal or state law. "Full-time job" does not include initial
8training before an employment position begins.
AB75-SSA1-SA9,6,109
(d) "Tax benefits" means the jobs creation tax credit under ss. 71.07 (3x), 71.28
10(3x), and 71.47 (3x).
AB75-SSA1-SA9,6,12
11(2) Certification. The department may certify a person to receive tax benefits
12under this section if all of the following apply:
