AB40-ASA1-AA7,15,233
71.43
(2) Franchise tax on corporations. For the privilege of exercising its
4franchise, buying or selling lottery prizes if the winning tickets were originally
5bought in this state or doing business in this state in a corporate capacity, except as
6provided under s. 71.23 (3), every domestic or foreign corporation, except
7corporations specified in ss. 71.26 (1) and 71.45 (1) (a), shall annually pay a franchise
8tax according to or measured by its entire Wisconsin net income of the preceding
9taxable year at the rates set forth in s. 71.46 (2). In addition, except as provided in
10ss. 71.23 (3), 71.26 (1) and 71.45 (1) (a), a corporation that ceases doing business in
11this state shall pay a special franchise tax according to or measured by its entire
12Wisconsin net income for the taxable year during which the corporation ceases doing
13business in this state at the rate under s. 71.46 (2). Every corporation organized
14under the laws of this state shall be deemed to be residing within this state for the
15purposes of this franchise tax. All provisions of this chapter and ch. 73 relating to
16income taxation of corporations shall apply to franchise taxes imposed under this
17subsection, unless the context requires otherwise. The tax imposed by this
18subsection on insurance companies subject to taxation under this chapter shall be
19based on Wisconsin net income computed under s. 71.45, and no other provision of
20this chapter relating to computation of taxable income for other corporations shall
21apply to such insurance companies
, except for s. 71.255. All other provisions of this
22chapter shall apply to insurance companies subject to taxation under this chapter
23unless the context clearly requires otherwise.".
AB40-ASA1-AA7,16,4
4"
Section 2015eb. 71.45 (2) (a) 16. of the statutes is amended to read:
AB40-ASA1-AA7,16,95
71.45
(2) (a) 16. By adding to federal taxable income any amount deducted or
6excluded under the Internal Revenue Code for interest expenses
, and rental
7expenses
, intangible expenses, and management fees that are directly or indirectly
8paid, accrued, or incurred to, or in connection directly or indirectly with one or more
9direct or indirect transactions with, one or more related entities.
AB40-ASA1-AA7,16,1611
71.45
(2) (a) 18. A deduction shall be allowed for the amount added, pursuant
12to subd. 16. or s. 71.05 (6) (a) 24., 71.26 (2) (a) 7., or 71.34 (1k) (j), to the federal income
13of a related entity that paid interest expenses
,
or rental expenses
, intangible
14expenses, or management fees to the insurer, to the extent that the related entity
15could not offset such amount with the deduction allowable under subd. 17. or s. 71.05
16(6) (b) 45., 71.26 (2) (a) 8., or 71.34 (1k) (k).".
AB40-ASA1-AA7,17,919
71.47
(4) (ad) 1. Except as provided in subds. 2. and 3., any corporation may
20credit against taxes otherwise due under this chapter an amount equal to 5 percent
21of the amount obtained by subtracting from the corporation's qualified research
22expenses, as defined in section
41 of the Internal Revenue Code, except that
23"qualified research expenses" includes only expenses incurred by the claimant,
24incurred for research conducted in this state for the taxable year, except that a
1taxpayer may elect the alternative computation under section
41 (c) (4) of the
2Internal Revenue Code and that election applies until the department permits its
3revocation, except as provided in par. (af), and except that "qualified research
4expenses" does not include compensation used in computing the credit under subs.
5(1dj) and (1dx), the corporation's base amount, as defined in section
41 (c) of the
6Internal Revenue Code, except that gross receipts used in calculating the base
7amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9)
8(b) 1. and 2.,
(d), (df)
1., and
2., (dh)
1., 2., and 3., (dj), and (dk). Section
41 (h) of the
9Internal Revenue Code does not apply to the credit under this paragraph.
AB40-ASA1-AA7,18,311
71.47
(4) (ad) 2. For taxable years beginning after June 30, 2007, any
12corporation may credit against taxes otherwise due under this chapter an amount
13equal to 10 percent of the amount obtained by subtracting from the corporation's
14qualified research expenses, as defined in section
41 of the Internal Revenue Code,
15except that "qualified research expenses" includes only expenses incurred by the
16claimant for research related to designing internal combustion engines for vehicles,
17including expenses related to designing vehicles that are powered by such engines
18and improving production processes for such engines and vehicles, incurred for
19research conducted in this state for the taxable year, except that a taxpayer may elect
20the alternative computation under section
41 (c) (4) of the Internal Revenue Code
21and that election applies until the department permits its revocation, except as
22provided in par. (af), and except that "qualified research expenses" does not include
23compensation used in computing the credit under subs. (1dj) and (1dx), the
24corporation's base amount, as defined in section
41 (c) of the Internal Revenue Code,
25except that gross receipts used in calculating the base amount means gross receipts
1from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2.
, (df) 1. and
2., (dh)
21., 2., and 3., (dj), and (dk) (d). Section
41 (h) of the Internal Revenue Code does not
3apply to the credit under this paragraph.
AB40-ASA1-AA7,18,235
71.47
(4) (ad) 3. For taxable years beginning after June 30, 2007, any
6corporation may credit against taxes otherwise due under this chapter an amount
7equal to 10 percent of the amount obtained by subtracting from the corporation's
8qualified research expenses, as defined in section
41 of the Internal Revenue Code,
9except that "qualified research expenses" includes only expenses incurred by the
10claimant for research related to the design and manufacturing of energy efficient
11lighting systems, building automation and control systems, or automotive batteries
12for use in hybrid-electric vehicles, that reduce the demand for natural gas or
13electricity or improve the efficiency of its use, incurred for research conducted in this
14state for the taxable year, except that a taxpayer may elect the alternative
15computation under section
41 (c) (4) of the Internal Revenue Code and that election
16applies until the department permits its revocation, except as provided in par. (af),
17and except that "qualified research expenses" does not include compensation used
18in computing the credit under subs. (1dj) and (1dx), the corporation's base amount,
19as defined in section
41 (c) of the Internal Revenue Code, except that gross receipts
20used in calculating the base amount means gross receipts from sales attributable to
21Wisconsin under s. 71.25 (9) (b) 1. and 2.
, (df) 1. and
2., (dh) 1., 2., and 3., (dj), and
22(dk) (d). Section
41 (h) of the Internal Revenue Code does not apply to the credit
23under this paragraph.".
AB40-ASA1-AA7,19,2
137. Page 855, line 8: delete "and 2., (dh) 1., 2., and 3., (dj), and (dk)" and
2substitute "
and 2.,
and (dh)
1., 2., and 3., (dj), and (dk)".
AB40-ASA1-AA7,19,209
71.80
(1) (b) In any case of 2 or more organizations, trades or businesses
10(whether or not incorporated, whether or not organized in the United States,
and 11whether or not affiliated
, and whether or not unitary) owned or controlled directly
12or indirectly by the same interests, the secretary or the secretary's delegate may
13distribute, apportion or allocate gross income, deductions, credits or allowances
14between or among such organizations, trades or businesses, if the secretary
15determines that such distribution, apportionment or allocation is necessary in order
16to prevent evasion of taxes or clearly to reflect the income of any of such
17organizations, trades or businesses. The authority granted under this subsection is
18in addition to, and not a limitation of or dependent on, the provisions of sub. (23) and
19ss. 71.05 (6) (a) 24. and (b) 45., 71.26 (2) (a) 7. and 8., 71.34 (1k) (j) and (k), and 71.45
20(2) (a) 16. and 17.
AB40-ASA1-AA7,20,18
4"
(4bq) Eliminate combined reporting. The repeal of sections 71.01 (5n), 71.01
5(5p), 71.01 (7v), 71.04 (7) (dj), 71.04 (7) (dk), 71.04 (8) (a) 2., 71.10 (1m), 71.22 (3g),
671.22 (3h), 71.22 (6d), 71.25 (9) (dj), 71.25 (9) (dk), 71.25 (10) (a) 2., 71.255, 71.30 (2m),
771.34 (1c), 71.34 (1d), 71.34 (1h), 71.42 (1sg), 71.42 (1sh), 71.42 (3c), 71.80 (1m), and
871.80 (24) of the statutes; the renumbering of sections
71.04 (8) (a) 1., 71.25 (5) (b),
9and 71.25 (10) (a) 1. of the statutes; the amendment of sections 71.01 (1b), 71.01 (1n),
1071.01 (10g), 71.04 (7) (a), 71.05 (6) (a) 24., 71.05 (6) (b) 46., 71.07 (2dr) (a), 71.10 (1),
1171.22 (1g), 71.22 (1r), 71.22 (1t), 71.22 (3m), 71.22 (9g), 71.25 (intro.), 71.25 (9) (a),
1271.26 (2) (a) 7., 71.26 (2) (a) 9., 71.26 (3) (x), 71.28 (4) (ad) 1., 71.28 (4) (ad) 2., 71.28
13(4) (ad) 3., 71.28 (4) (am) 1., 71.30 (2), 71.34 (1k) (j), 71.34 (1k) (L), 71.42 (1t), 71.43
14(2), 71.45 (2) (a) 16., 71.45 (2) (a) 18., 71.47 (4) (ad) 1., 71.47 (4) (ad) 2., 71.47 (4) (ad)
153., 71.47 (4) (am), and 71.80 (1) (b) of the statutes; and the creation of sections
71.04
16(7) (d), 71.04 (7) (df) 3., 71.04 (7) (dh) 4., 71.25 (5) (b) 2., 71.25 (9) (d), 71.25 (9) (df)
173., and 71.25 (9) (dh) 4. of the statutes first apply to taxable years beginning after
18December 31, 2011.".
