SB62,97,1111 (d) Licensing fees.
SB62,97,1212 (e) Other similar expenses, losses, and costs.
SB62, s. 173 13Section 173. 71.42 (1sh) of the statutes is created to read:
SB62,97,1614 71.42 (1sh) "Intangible property" includes stocks, bonds, financial
15instruments, patents, patent applications, trade names, trademarks, service marks,
16copyrights, mask works, trade secrets, and similar types of intangible assets.
SB62, s. 174 17Section 174. 71.42 (1t) of the statutes is amended to read:
SB62,97,2018 71.42 (1t) For purposes of s. ss. 71.45 (2) (a) 16. and 18. and 71.255 (2) (d) 1.,
19"interest expenses" means interest that would otherwise be deductible under section
20163 of the Internal Revenue Code, as adjusted under s. 71.45 (2).
SB62, s. 175 21Section 175. 71.42 (3c) of the statutes is created to read:
SB62,98,322 71.42 (3c) For purposes of s. 71.45 (2) (a) 16. and 18., "management fees"
23include expenses and costs, not including interest expenses, pertaining to accounts
24receivable, accounts payable, employee benefit plans, insurance, legal matters,
25payroll, data processing, purchasing, taxation, financial matters, securities,

1accounting, or reporting and compliance matters or similar activities, to the extent
2that the amounts would otherwise be deductible in determining net income under
3the Internal Revenue Code as adjusted under s. 71.45 (2).
SB62, s. 176 4Section 176. 71.43 (2) of the statutes is amended to read:
SB62,98,255 71.43 (2) Franchise tax on corporations. For the privilege of exercising its
6franchise, buying or selling lottery prizes if the winning tickets were originally
7bought in this state or doing business in this state in a corporate capacity, except as
8provided under s. 71.23 (3), every domestic or foreign corporation, except
9corporations specified in ss. 71.26 (1) and 71.45 (1) (a), shall annually pay a franchise
10tax according to or measured by its entire Wisconsin net income of the preceding
11taxable year at the rates set forth in s. 71.46 (2). In addition, except as provided in
12ss. 71.23 (3), 71.26 (1) and 71.45 (1) (a), a corporation that ceases doing business in
13this state shall pay a special franchise tax according to or measured by its entire
14Wisconsin net income for the taxable year during which the corporation ceases doing
15business in this state at the rate under s. 71.46 (2). Every corporation organized
16under the laws of this state shall be deemed to be residing within this state for the
17purposes of this franchise tax. All provisions of this chapter and ch. 73 relating to
18income taxation of corporations shall apply to franchise taxes imposed under this
19subsection, unless the context requires otherwise. The tax imposed by this
20subsection on insurance companies subject to taxation under this chapter shall be
21based on Wisconsin net income computed under s. 71.45, and no other provision of
22this chapter relating to computation of taxable income for other corporations shall
23apply to such insurance companies, except for s. 71.255. All other provisions of this
24chapter shall apply to insurance companies subject to taxation under this chapter
25unless the context clearly requires otherwise.
SB62, s. 177
1Section 177. 71.45 (2) (a) 10. of the statutes is amended to read:
SB62,99,82 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
3computed under s. 71.47 (1dd) to (1dx) (1dy), (3h), (3n), (3p), (3r), (3w), (5e), (5f), (5g),
4(5h), (5i), (5j), and (5k) and not passed through by a partnership, limited liability
5company, or tax-option corporation that has added that amount to the partnership's,
6limited liability company's, or tax-option corporation's income under s. 71.21 (4) or
771.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and
8(5).
SB62, s. 178 9Section 178. 71.45 (2) (a) 16. of the statutes is amended to read:
SB62,99,1410 71.45 (2) (a) 16. By adding to federal taxable income any amount deducted or
11excluded under the Internal Revenue Code for interest expenses and, rental
12expenses, intangible expenses, and management fees that are directly or indirectly
13paid, accrued, or incurred to, or in connection directly or indirectly with one or more
14direct or indirect transactions with, one or more related entities.
SB62, s. 179 15Section 179. 71.45 (2) (a) 18. of the statutes is amended to read:
SB62,99,2116 71.45 (2) (a) 18. A deduction shall be allowed for the amount added, pursuant
17to subd. 16. or s. 71.05 (6) (a) 24., 71.26 (2) (a) 7., or 71.34 (1k) (j), to the federal income
18of a related entity that paid interest expenses or, rental expenses, intangible
19expenses, or management fees
to the insurer, to the extent that the related entity
20could not offset such amount with the deduction allowable under subd. 17. or s. 71.05
21(6) (b) 45., 71.26 (2) (a) 8., or 71.34 (1k) (k).
SB62, s. 180 22Section 180. 71.47 (1dy) of the statutes is created to read:
SB62,99,2523 71.47 (1dy) Economic development tax credit. (a) Definition. In this
24subsection, "claimant" means a person who files a claim under this subsection and
25is certified under s. 560.701 (2) and authorized to claim tax benefits under s. 560.703.
SB62,100,4
1(b) Filing claims. Subject to the limitations under this subsection and ss.
2560.701 to 560.706, for taxable years beginning after December 31, 2008, a claimant
3may claim as a credit against the tax imposed under s. 71.43, up to the amount of the
4tax, the amount authorized for the claimant under s. 560.703.
SB62,100,85 (c) Limitations. 1. No credit may be allowed under this subsection unless the
6claimant includes with the claimant's return a copy of the claimant's certification
7under s. 560.701 (2) and a copy of the claimant's notice of eligibility to receive tax
8benefits under s. 560.703 (3).
SB62,100,169 2. Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on their authorization to claim tax benefits under s. 560.703.
12A partnership, limited liability company, or tax-option corporation shall compute
13the amount of credit that each of its partners, members, or shareholders may claim
14and shall provide that information to each of them. Partners, members of limited
15liability companies, and shareholders of tax-option corporations may claim the
16credit in proportion to their ownership interests.
SB62,100,1817 (d) Administration. 1. Except as provided in subd. 2., sub. (4) (e) and (f), as it
18applies to the credit under sub. (4), applies to the credit under this subsection.
SB62,101,219 2. If a claimant's certification is revoked under s. 560.705, or if a claimant
20becomes ineligible for tax benefits under s. 560.702, the claimant may not claim
21credits under this subsection for the taxable year that includes the day on which the
22certification is revoked; the taxable year that includes the day on which the claimant
23becomes ineligible for tax benefits; or succeeding taxable years and the claimant may
24not carry over unused credits from previous years to offset the tax imposed under s.
2571.43 for the taxable year that includes the day on which certification is revoked; the

1taxable year that includes the day on which the claimant becomes ineligible for tax
2benefits; or succeeding taxable years.
SB62,101,43 3. Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies
4to the credit under this subsection.
SB62, s. 181 5Section 181. 71.47 (3p) (a) 1m. of the statutes is created to read:
SB62,101,76 71.47 (3p) (a) 1m. "Dairy cooperative" means a business organized under ch.
7185 or 193 for the purpose of obtaining or processing milk.
SB62, s. 182 8Section 182. 71.47 (3p) (a) 3. (intro.) of the statutes is amended to read:
SB62,101,159 71.47 (3p) (a) 3. (intro.) "Dairy manufacturing modernization or expansion"
10means constructing, improving, or acquiring buildings or facilities, or acquiring
11equipment, for dairy manufacturing, including the following, if used exclusively for
12dairy manufacturing and if acquired and placed in service in this state during
13taxable years that begin after December 31, 2006, and before January 1, 2015, or, in
14the case of dairy cooperatives, if acquired and placed in service in this state during
15taxable years that begin after December 31, 2008, and before January 1, 2017
:
SB62, s. 183 16Section 183. 71.47 (3p) (b) of the statutes is amended to read:
SB62,101,2317 71.47 (3p) (b) Filing claims. Subject to the limitations provided in this
18subsection and s. 560.207, except as provided in par. (c) 5., for taxable years
19beginning after December 31, 2006, and before January 1, 2015, a claimant may
20claim as a credit against the taxes imposed under s. 71.43, up to the amount of the
21tax, an amount equal to 10 percent of the amount the claimant paid in the taxable
22year for dairy manufacturing modernization or expansion related to the claimant's
23dairy manufacturing operation.
SB62, s. 184 24Section 184. 71.47 (3p) (c) 2m. b. of the statutes is amended to read:
SB62,102,4
171.47 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed
2by all claimants, other than members of dairy cooperatives, under this subsection
3and ss. 71.07 (3p) and 71.28 (3p) in fiscal year 2008-09, and in each fiscal year
4thereafter, is $700,000, as allocated under s. 560.207.
SB62, s. 185 5Section 185. 71.47 (3p) (c) 2m. bm. of the statutes is created to read:
SB62,102,126 71.47 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
7by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.28
8(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, and the
9maximum amount of the credits that may be claimed by members of dairy
10cooperatives under this subsection and ss. 71.07 (3p) and 71.28 (3p) in fiscal year
112010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
12560.207.
SB62, s. 186 13Section 186. 71.47 (3p) (c) 3. of the statutes is amended to read:
SB62,103,214 71.47 (3p) (c) 3. Partnerships, limited liability companies, and tax-option
15corporations, and dairy cooperatives may not claim the credit under this subsection,
16but the eligibility for, and the amount of, the credit are based on their payment of
17expenses under par. (b), except that the aggregate amount of credits that the entity
18may compute shall not exceed $200,000 for each of the entity's dairy manufacturing
19facilities
. A partnership, limited liability company, or tax-option corporation, or
20dairy cooperative
shall compute the amount of credit that each of its partners,
21members, or shareholders may claim and shall provide that information to each of
22them. Partners, members of limited liability companies, and shareholders of
23tax-option corporations may claim the credit in proportion to their ownership
24interest. Members of a dairy cooperative may claim the credit in proportion to the

1amount of milk that each member delivers to the dairy cooperative, as determined
2by the dairy cooperative.
SB62, s. 187 3Section 187. 71.47 (3p) (c) 5. of the statutes is created to read:
SB62,103,74 71.47 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim
5the credit, based on amounts described under par. (b) that are paid by the dairy
6cooperative, for taxable years beginning after December 31, 2008, and before
7January 1, 2017.
SB62, s. 188 8Section 188. 71.47 (3p) (c) 6. of the statutes is created to read:
SB62,103,119 71.47 (3p) (c) 6. No credit may be allowed under this subsection unless the
10claimant submits with the claimant's return a copy of the claimant's credit
11certification and allocation under s. 560.207.
SB62, s. 189 12Section 189. 71.47 (3p) (d) 2. of the statutes is amended to read:
SB62,103,1813 71.47 (3p) (d) 2. If Except as provided in subd. 3., if the allowable amount of
14the claim under par. (b) exceeds the tax otherwise due under s. 71.43 or no tax is due
15under s. 71.43
, the amount of the claim not used to offset the tax due shall be certified
16by the department of revenue to the department of administration for payment by
17check, share draft, or other draft drawn from the appropriation account under s.
1820.835 (2) (bn).
SB62, s. 190 19Section 190. 71.47 (3p) (d) 3. of the statutes is created to read:
SB62,103,2520 71.47 (3p) (d) 3. With regard to claims that are based on amounts described
21under par. (b) that are paid by a dairy cooperative, if the allowable amount of the
22claim under par. (b) exceeds the tax otherwise due under s. 71.43, the amount of the
23claim not used to offset the tax due shall be certified by the department of revenue
24to the department of administration for payment by check, share draft, or other draft
25drawn from the appropriation account under s. 20.835 (2) (bp).
SB62, s. 191
1Section 191. 71.47 (3r) of the statutes is created to read:
SB62,104,32 71.47 (3r) Meat processing facility investment credit. (a) Definitions. In this
3subsection:
SB62,104,44 1. "Claimant" means a person who files a claim under this subsection.
SB62,104,65 2. "Meat processing" means processing livestock into meat products or
6processing meat products for sale commercially.
SB62,104,117 3. "Meat processing modernization or expansion" means constructing,
8improving, or acquiring buildings or facilities, or acquiring equipment, for meat
9processing, including the following, if used exclusively for meat processing and if
10acquired and placed in service in this state during taxable years that begin after
11December 31, 2008, and before January 1, 2017:
SB62,104,1312 a. Building construction, including livestock handling, product intake, storage,
13and warehouse facilities.
SB62,104,1414 b. Building additions.
SB62,104,1615 c. Upgrades to utilities, including water, electric, heat, refrigeration, freezing,
16and waste facilities.
SB62,104,1717 d. Livestock intake and storage equipment.
SB62,104,2018 e. Processing and manufacturing equipment, including cutting equipment,
19mixers, grinders, sausage stuffers, meat smokers, curing equipment, cooking
20equipment, pipes, motors, pumps, and valves.
SB62,104,2221 f. Packaging and handling equipment, including sealing, bagging, boxing,
22labeling, conveying, and product movement equipment.
SB62,104,2323 g. Warehouse equipment, including storage and curing racks.
SB62,105,3
1h. Waste treatment and waste management equipment, including tanks,
2blowers, separators, dryers, digesters, and equipment that uses waste to produce
3energy, fuel, or industrial products.
SB62,105,74 i. Computer software and hardware used for managing the claimant's meat
5processing operation, including software and hardware related to logistics,
6inventory management, production plant controls, and temperature monitoring
7controls.
SB62,105,98 4. "Used exclusively" means used to the exclusion of all other uses except for
9use not exceeding 5 percent of total use.
SB62,105,1510 (b) Filing claims. Subject to the limitations provided in this subsection and s.
11560.208, for taxable years beginning after December 31, 2008, and before January
121, 2017, a claimant may claim as a credit against the taxes imposed under s. 71.43,
13up to the amount of the tax, an amount equal to 10 percent of the amount the
14claimant paid in the taxable year for meat processing modernization or expansion
15related to the claimant's meat processing operation.
SB62,105,1816 (c) Limitations. 1. No credit may be allowed under this subsection for any
17amount that the claimant paid for expenses described under par. (b) that the
18claimant also claimed as a deduction under section 162 of the Internal Revenue Code.
SB62,105,2019 2. The aggregate amount of credits that a claimant may claim under this
20subsection is $200,000.
SB62,105,2321 3. a. The maximum amount of the credits that may be allocated under this
22subsection and ss. 71.07 (3r) and 71.28 (3r) in fiscal year 2009-10 is $300,000, as
23allocated under s. 560.208.
SB62,106,3
1b. The maximum amount of the credits that may be allocated under this
2subsection and ss. 71.07 (3r) and 71.28 (3r) in fiscal year 2010-11, and in each fiscal
3year thereafter, is $700,000, as allocated under s. 560.208.
SB62,106,124 4. Partnerships, limited liability companies, and tax-option corporations may
5not claim the credit under this subsection, but the eligibility for, and the amount of,
6the credit are based on their payment of expenses under par. (b), except that the
7aggregate amount of credits that the entity may compute shall not exceed $200,000.
8A partnership, limited liability company, or tax-option corporation shall compute
9the amount of credit that each of its partners, members, or shareholders may claim
10and shall provide that information to each of them. Partners, members of limited
11liability companies, and shareholders of tax-option corporations may claim the
12credit in proportion to their ownership interest.
SB62,106,1613 5. If 2 or more persons own and operate the meat processing operation, each
14person may claim a credit under par. (b) in proportion to his or her ownership
15interest, except that the aggregate amount of the credits claimed by all persons who
16own and operate the meat processing operation shall not exceed $200,000.
SB62,106,1917 6. No credit may be allowed under this subsection unless the claimant submits
18with the claimant's return a copy of the claimant's credit certification and allocation
19under s. 560.208.
SB62,106,2120 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
21credit under s. 71.28 (4), applies to the credit under this subsection.
SB62,107,222 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
23due under s. 71.43, the amount of the claim not used to offset the tax due shall be
24certified by the department of revenue to the department of administration for

1payment by check, share draft, or other draft drawn from the appropriation account
2under s. 20.835 (2) (bd).
SB62, s. 192 3Section 192. 71.47 (4) (ad) 1. of the statutes is amended to read:
SB62,107,184 71.47 (4) (ad) 1. Except as provided in subds. 2. and 3., any corporation may
5credit against taxes otherwise due under this chapter an amount equal to 5 percent
6of the amount obtained by subtracting from the corporation's qualified research
7expenses, as defined in section 41 of the Internal Revenue Code, except that
8"qualified research expenses" includes only expenses incurred by the claimant,
9incurred for research conducted in this state for the taxable year, except that a
10taxpayer may elect the alternative computation under section 41 (c) (4) of the
11Internal Revenue Code and that election applies until the department permits its
12revocation, except as provided in par. (af), and except that "qualified research
13expenses" does not include compensation used in computing the credit under subs.
14(1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the
15Internal Revenue Code, except that gross receipts used in calculating the base
16amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9)
17(b) 1. and 2., (d), (df), and 1. and 2., (dh) 1., 2., and 3., (dj) 1., and (dk) 1. Section 41
18(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
SB62, s. 193 19Section 193. 71.47 (4) (ad) 2. of the statutes is amended to read:
SB62,108,1220 71.47 (4) (ad) 2. For taxable years beginning after June 30, 2007, any
21corporation may credit against taxes otherwise due under this chapter an amount
22equal to 10 percent of the amount obtained by subtracting from the corporation's
23qualified research expenses, as defined in section 41 of the Internal Revenue Code,
24except that "qualified research expenses" includes only expenses incurred by the
25claimant for research related to designing internal combustion engines for vehicles,

1including expenses related to designing vehicles that are powered by such engines
2and improving production processes for such engines and vehicles, incurred for
3research conducted in this state for the taxable year, except that a taxpayer may elect
4the alternative computation under section 41 (c) (4) of the Internal Revenue Code
5and that election applies until the department permits its revocation, except as
6provided in par. (af), and except that "qualified research expenses" does not include
7compensation used in computing the credit under subs. (1dj) and (1dx), the
8corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code,
9except that gross receipts used in calculating the base amount means gross receipts
10from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (df) 1. and
112., (dh) 1., 2., and 3., (dj) 1., and (dk) 1
. Section 41 (h) of the Internal Revenue Code
12does not apply to the credit under this paragraph.
SB62, s. 194 13Section 194. 71.47 (4) (ad) 3. of the statutes is amended to read:
SB62,109,714 71.47 (4) (ad) 3. For taxable years beginning after June 30, 2007, any
15corporation may credit against taxes otherwise due under this chapter an amount
16equal to 10 percent of the amount obtained by subtracting from the corporation's
17qualified research expenses, as defined in section 41 of the Internal Revenue Code,
18except that "qualified research expenses" includes only expenses incurred by the
19claimant for research related to the design and manufacturing of energy efficient
20lighting systems, building automation and control systems, or automotive batteries
21for use in hybrid-electric vehicles, that reduce the demand for natural gas or
22electricity or improve the efficiency of its use, incurred for research conducted in this
23state for the taxable year, except that a taxpayer may elect the alternative
24computation under section 41 (c) (4) of the Internal Revenue Code and that election
25applies until the department permits its revocation, except as provided in par. (af),

1and except that "qualified research expenses" does not include compensation used
2in computing the credit under subs. (1dj) and (1dx), the corporation's base amount,
3as defined in section 41 (c) of the Internal Revenue Code, except that gross receipts
4used in calculating the base amount means gross receipts from sales attributable to
5Wisconsin under s. 71.25 (9) (b) 1. and 2. and (d), (df) 1. and 2., (dh) 1., 2., and 3., (dj)
61., and (dk) 1
. Section 41 (h) of the Internal Revenue Code does not apply to the credit
7under this paragraph.
SB62, s. 195 8Section 195. 71.47 (4) (am) of the statutes is amended to read:
SB62,110,119 71.47 (4) (am) Development zone additional research credit. In addition to the
10credit under par. (ad), any corporation may credit against taxes otherwise due under
11this chapter an amount equal to 5 percent of the amount obtained by subtracting
12from the corporation's qualified research expenses, as defined in section 41 of the
13Internal Revenue Code, except that "qualified research expenses" include only
14expenses incurred by the claimant in a development zone under subch. VI of ch. 560,
15except that a taxpayer may elect the alternative computation under section 41 (c) (4)
16of the Internal Revenue Code and that election applies until the department permits
17its revocation and except that "qualified research expenses" do not include
18compensation used in computing the credit under sub. (1dj) nor research expenses
19incurred before the claimant is certified for tax benefits under s. 560.765 (3), the
20corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code,
21in a development zone, except that gross receipts used in calculating the base amount
22means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and
232., (d), (df), and 1. and 2., (dh) 1., 2., and 3., (dj) 1., and (dk) 1. and research expenses
24used in calculating the base amount include research expenses incurred before the
25claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if

1the claimant submits with the claimant's return a copy of the claimant's certification
2for tax benefits under s. 560.765 (3) and a statement from the department of
3commerce verifying the claimant's qualified research expenses for research
4conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to
5the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they apply
6to the credit under that subsection apply to claims under this paragraph. Section 41
7(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
8No credit may be claimed under this paragraph for taxable years that begin on
9January 1, 1998, or thereafter. Credits under this paragraph for taxable years that
10begin before January 1, 1998, may be carried forward to taxable years that begin on
11January 1, 1998, or thereafter.
SB62, s. 196 12Section 196. 71.47 (5b) (c) 1. of the statutes is repealed.
SB62, s. 197 13Section 197. 71.47 (5b) (c) 2. of the statutes is renumbered 71.47 (5b) (c).
SB62, s. 198 14Section 198. 71.47 (5e) (b) of the statutes is amended to read:
SB62,110,2215 71.47 (5e) (b) Filing claims. Subject to the limitations provided in this
16subsection and subject to 2005 Wisconsin Act 479, section 17, beginning in the first
17taxable year following the taxable year in which the claimant claims an exemption
18a deduction under s. 77.54 (48) 77.585 (9), a claimant may claim as a credit against
19the taxes imposed under s. 71.43, up to the amount of those taxes, in each taxable
20year for 2 years, the amount of sales and use tax certified by the department of
21commerce that resulted from the claimant claimed as an exemption claiming a
22deduction
under s. 77.54 (48) 77.585 (9).
SB62, s. 199 23Section 199. 71.47 (5e) (c) 1. of the statutes is amended to read:
SB62,110,2524 71.47 (5e) (c) 1. No credit may be allowed under this subsection unless the
25claimant satisfies the requirements under s. 77.54 (48) 77.585 (9).
SB62, s. 200
1Section 200. 71.47 (5e) (c) 3. of the statutes is amended to read:
SB62,111,52 71.47 (5e) (c) 3. The total amount of the credits and exemptions the sales and
3use tax resulting from the deductions claimed under s. 77.585 (9)
that may be claimed
4by all claimants under this subsection and ss. 71.07 (5e), 71.28 (5e), and 77.54 (48)
577.585 (9) is $7,500,000, as determined by the department of commerce.
SB62, s. 201 6Section 201. 71.49 (1) (em) of the statutes is renumbered 71.49 (1) (eh).
SB62, s. 202 7Section 202. 71.49 (1) (ema) of the statutes is created to read:
SB62,111,88 71.49 (1) (ema) Economic development tax credit under s. 71.47 (1dy).
SB62, s. 203 9Section 203. 71.49 (1) (emb) of the statutes is renumbered 71.49 (1) (ei).
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