AB40-ASA1,703,217
71.07
(2dL) (ag) If the credit under par. (a) is claimed for an amount expended
18to construct, rehabilitate, remodel or repair property, the claimant must have begun
19the physical work of construction, rehabilitation, remodeling or repair, or any
20demolition or destruction in preparation for the physical work, after the place where
21the property is located was designated a development zone under s. 560.71
, 2009
22stats., and the completed project must be placed in service after the claimant is
23certified for tax benefits under s. 560.765 (3)
, 2009 stats. In this paragraph, "physical
24work" does not include preliminary activities such as planning, designing, securing
1financing, researching, developing specifications or stabilizing the property to
2prevent deterioration.
AB40-ASA1,703,134
71.07
(2dL) (ar) If the credit under par. (a) is claimed for an amount expended
5to acquire property, the property must have been acquired by the claimant after the
6place where the property is located was designated a development zone under s.
7560.71
, 2009 stats., and the completed project must be placed in service after the
8claimant is certified for tax benefits under s. 560.765 (3)
, 2009 stats., and the
9property must not have been previously owned by the claimant or a related person
10during the 2 years prior to the designation of the development zone under s. 560.71
,
112009 stats. No credit is allowed for an amount expended to acquire property until
12the property, either in its original state as acquired by the claimant or as
13subsequently constructed, rehabilitated, remodeled or repaired, is placed in service.
AB40-ASA1,703,2115
71.07
(2dL) (bm) In calculating the credit under par. (a) a claimant shall reduce
16the amount expended to acquire property by a percentage equal to the percentage of
17the area of the real property not used for the purposes for which the claimant is
18certified to claim tax benefits under s. 560.765 (3)
, 2009 stats., and shall reduce the
19amount expended for other purposes by the amount expended on the part of the
20property not used for the purposes for which the claimant is certified to claim tax
21benefits under s. 560.765 (3)
, 2009 stats.
AB40-ASA1,704,523
71.07
(2dL) (c) If the claimant is located on an Indian reservation, as defined
24in s. 560.86 (5),
2009 stats., and is an American Indian, as defined in s. 560.86 (1),
252009 stats., an Indian business, as defined in s. 560.86 (4),
2009 stats., or a tribal
1enterprise, as defined in sub. (2di) (b) 2., and if the allowable amount of the credit
2under par. (a) exceeds the taxes otherwise due under this chapter on or measured by
3the claimant's income, the amount of the credit not used as an offset against those
4taxes shall be certified to the department of administration for payment to the
5claimant by check, share draft or other draft.
AB40-ASA1,704,107
71.07
(2dm) (a) 1. "Certified" means entitled under s.
238.395 (3) (a) 4. or s. 8560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
9238.398 (5), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 10or
s. 560.7995 (4)
, 2009 stats.
AB40-ASA1,704,1512
71.07
(2dm) (a) 3. "Development zone" means a development opportunity zone
13under s.
238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1) (e) and (f)
, 2009 stats., or
14s. 560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 15560.7995
, 2009 stats.
AB40-ASA1,704,2517
71.07
(2dm) (a) 4. "Previously owned property" means real property that the
18claimant or a related person owned during the 2 years prior to the department of
19commerce
or the Wisconsin Economic Development Corporation designating the
20place where the property is located as a development zone and for which the claimant
21may not deduct a loss from the sale of the property to, or an exchange of the property
22with, the related person under section
267 of the Internal Revenue Code, except that
23section
267 (b) of the Internal Revenue Code is modified so that if the claimant owns
24any part of the property, rather than 50% ownership, the claimant is subject to
25section
267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
AB40-ASA1,705,52
71.07
(2dm) (f) 1. A copy of
a
the verification
from the department of commerce 3that the claimant may claim tax benefits under s.
238.395 (3) (a) 4. or s. 560.795 (3)
4(a) 4.
, 2009 stats., or is certified under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or
5s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats.
AB40-ASA1,705,107
71.07
(2dm) (f) 2. A statement from the department of commerce
or the
8Wisconsin Economic Development Corporation verifying the purchase price of the
9investment and verifying that the investment fulfills the requirements under par.
10(b).
AB40-ASA1,705,2512
71.07
(2dm) (i) Partnerships, limited liability companies, and tax-option
13corporations may not claim the credit under this subsection, but the eligibility for,
14and the amount of, that credit shall be determined on the basis of their economic
15activity, not that of their shareholders, partners, or members. The corporation,
16partnership, or limited liability company shall compute the amount of credit that
17may be claimed by each of its shareholders, partners, or members and provide that
18information to its shareholders, partners, or members. Partners, members of limited
19liability companies, and shareholders of tax-option corporations may claim the
20credit based on the partnership's, company's, or corporation's activities in proportion
21to their ownership interest and may offset it against the tax attributable to their
22income from the partnership's, company's, or corporation's business operations in the
23development zone; except that partners, members, and shareholders in a
24development zone under s.
238.395 (1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset
25the credit against the amount of the tax attributable to their income.
AB40-ASA1,706,122
71.07
(2dm) (j) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 560.795
3(3) (a) 4.
, 2009 stats., to claim tax benefits becomes ineligible for such tax benefits,
4or if a person's certification under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or s. 5560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., is
6revoked, that person may claim no credits under this subsection for the taxable year
7that includes the day on which the person becomes ineligible for tax benefits, the
8taxable year that includes the day on which the certification is revoked, or succeeding
9taxable years, and that person may carry over no unused credits from previous years
10to offset tax under this chapter for the taxable year that includes the day on which
11the person becomes ineligible for tax benefits, the taxable year that includes the day
12on which the certification is revoked, or succeeding taxable years.
AB40-ASA1,706,2114
71.07
(2dm) (k) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 15560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
16238.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 17or
s. 560.7995 (4)
, 2009 stats., ceases business operations in the development zone
18during any of the taxable years that that zone exists, that person may not carry over
19to any taxable year following the year during which operations cease any unused
20credits from the taxable year during which operations cease or from previous taxable
21years.
AB40-ASA1,707,2123
71.07
(2dr) (a)
Credit. Any person may credit against taxes otherwise due
24under this chapter an amount equal to 5% of the amount obtained by subtracting
25from the person's qualified research expenses, as defined in section
41 of the internal
1revenue code, except that "qualified research expenses" include only expenses
2incurred by the claimant in a development zone under subch. VI of ch. 560,
2009
3stats., except that a taxpayer may elect the alternative computation under section
441 (c) (4) of the Internal Revenue Code and that election applies until the department
5permits its revocation and except that "qualified research expenses" do not include
6compensation used in computing the credit under sub. (2dj) nor research expenses
7incurred before the claimant is certified for tax benefits under s. 560.765 (3),
2009
8stats., the person's base amount, as defined in section
41 (c) of the internal revenue
9code, in a development zone, except that gross receipts used in calculating the base
10amount means gross receipts from sales attributable to Wisconsin under s. 71.04 (7)
11(b) 1. and 2., (df) 1. and 2., (dh) 1., 2., and 3., (dj) 1. and (dk) 1. and research expenses
12used in calculating the base amount include research expenses incurred before the
13claimant is certified for tax benefits under s. 560.765 (3),
2009 stats., in a
14development zone, if the claimant submits with the claimant's return a copy of the
15claimant's certification for tax benefits under s. 560.765 (3)
2009 stats., and a
16statement from the department of commerce verifying the claimant's qualified
17research expenses for research conducted exclusively in a development zone. The
18rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under
19sub. (2di) (f) and (g), as they apply to the credit under that subsection, apply to claims
20under this paragraph. Section
41 (h) of the internal revenue code does not apply to
21the credit under this paragraph.
AB40-ASA1,708,623
71.07
(2dr) (b)
Development opportunity zones. The development zones
24research credit under par. (a), as it applies to a person certified under s. 560.765 (3),
252009 stats., applies to a person that conducts economic activity in a development
1opportunity zone under s. 560.795 (1)
, 2009 stats., and that is entitled to tax benefits
2under s. 560.795 (3),
2009 stats., subject to the limits under s. 560.795 (2)
, 2009 stats.
3A development opportunity zone credit under this paragraph may be calculated
4using expenses incurred by a claimant beginning on the effective date under s.
5560.795 (2) (a)
, 2009 stats., of the development opportunity zone designation of the
6area in which the claimant conducts economic activity.
AB40-ASA1,708,98
71.07
(2ds) (a) 1. "Development zone" means a zone designated under s. 560.71
,
92009 stats.
AB40-ASA1,708,2411
71.07
(2ds) (b) Except as provided in pars. (dm) and (e) and s. 73.03 (35), for
12any taxable year for which the person is certified under s. 560.765 (3)
, 2009 stats., 13for tax benefits, any person may claim as a credit against taxes otherwise due under
14this chapter the taxes paid under subchs. III and V of ch. 77 on their purchases, leases
15and rentals of eligible property. Partnerships, limited liability companies and
16tax-option corporations may not claim the credit under this subsection, but the
17eligibility for, and the amount of, that credit shall be determined on the basis of their
18economic activity, not that of their partners, members or shareholders. The
19partnership, limited liability company or corporation shall compute the amount of
20credit that may be claimed by each of its partners, members or shareholders and
21shall provide that information to each of its partners, members or shareholders.
22Partners, members of a limited liability company and shareholders of tax-option
23corporations may claim the credit based on the partnership's, company's or
24corporation's activities in proportion to their ownership interest.
AB40-ASA1,709,2
171.07
(2ds) (d) 1. A copy of the claimant's certification for tax benefits under
2s. 560.765 (3)
, 2009 stats.
AB40-ASA1,709,94
71.07
(2dx) (a) 2. "Development zone" means a development zone under s.
5238.30 or s. 560.70,
2009 stats., a development opportunity zone under s.
238.395 or
6s. 560.795,
2009 stats., an enterprise development zone under s.
238.397 or s. 7560.797,
2009 stats., an agricultural development zone under s.
238.398 or s. 8560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 9560.7995
, 2009 stats.
AB40-ASA1, s. 1803
10Section
1803. 71.07 (2dx) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,709,1711
71.07
(2dx) (b)
Credit. (intro.) Except as provided in pars. (be) and (bg) and
12in s. 73.03 (35), and subject to s.
238.385 or s. 560.785,
2009 stats., for any taxable
13year for which the person is entitled under s.
238.395 (3) or s. 560.795 (3)
, 2009 stats., 14to claim tax benefits or certified under s.
238.365 (3), 238.397 (4), 238.398 (3), or
15238.3995 (4) or s. 560.765 (3),
2009 stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
162009 stats., or
s. 560.7995 (4),
2009 stats., any person may claim as a credit against
17the taxes otherwise due under this chapter the following amounts:
AB40-ASA1,709,2319
71.07
(2dx) (b) 2. The amount determined by multiplying the amount
20determined under s.
238.385 (1) (b) or s. 560.785 (1) (b)
, 2009 stats., by the number
21of full-time jobs created in a development zone and filled by a member of a targeted
22group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the
23subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40-ASA1,710,5
171.07
(2dx) (b) 3. The amount determined by multiplying the amount
2determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
3of full-time jobs created in a development zone and not filled by a member of a
4targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or
5the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40-ASA1,710,147
71.07
(2dx) (b) 4. The amount determined by multiplying the amount
8determined under s.
238.385 (1) (bm) or s. 560.785 (1) (bm)
, 2009 stats., by the
9number of full-time jobs retained, as provided in the rules under s.
238.385 or s. 10560.785,
2009 stats., excluding jobs for which a credit has been claimed under sub.
11(2dj), in an enterprise development zone under s.
238.397 or s. 560.797
, 2009 stats., 12and for which significant capital investment was made and by then subtracting the
13subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid
14under s. 49.147 (3m) (c) for those jobs.
AB40-ASA1,710,2216
71.07
(2dx) (b) 5. The amount determined by multiplying the amount
17determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
18of full-time jobs retained, as provided in the rules under s.
238.385 or s. 560.785,
192009 stats., excluding jobs for which a credit has been claimed under sub. (2dj), in
20a development zone and not filled by a member of a targeted group and by then
21subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and
22reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40-ASA1,711,424
71.07
(2dx) (be)
Offset. A claimant in a development zone under s.
238.395 (1)
25(e) or s. 560.795 (1) (e)
, 2009 stats., may offset any credits claimed under this
1subsection, including any credits carried over, against the amount of the tax
2otherwise due under this subchapter attributable to all of the claimant's income and
3against the tax attributable to income from directly related business operations of
4the claimant.
AB40-ASA1,711,176
71.07
(2dx) (bg)
Other entities. For claimants in a development zone under s.
7238.395 (1) (e) or s. 560.795 (1) (e),
2009 stats., partnerships, limited liability
8companies, and tax-option corporations may not claim the credit under this
9subsection, but the eligibility for, and amount of, that credit shall be determined on
10the basis of their economic activity, not that of their shareholders, partners, or
11members. The corporation, partnership, or company shall compute the amount of
12the credit that may be claimed by each of its shareholders, partners, or members and
13shall provide that information to each of its shareholders, partners, or members.
14Partners, members of limited liability companies, and shareholders of tax-option
15corporations may claim the credit based on the partnership's, company's, or
16corporation's activities in proportion to their ownership interest and may offset it
17against the tax attributable to their income.
AB40-ASA1,712,519
71.07
(2dx) (c)
Credit precluded. If the certification of a person for tax benefits
20under s.
238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009
21stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009
22stats., is revoked, or if the person becomes ineligible for tax benefits under s.
238.395
23(3) or s. 560.795 (3),
2009 stats., that person may not claim credits under this
24subsection for the taxable year that includes the day on which the certification is
25revoked; the taxable year that includes the day on which the person becomes
1ineligible for tax benefits; or succeeding taxable years and that person may not carry
2over unused credits from previous years to offset tax under this chapter for the
3taxable year that includes the day on which certification is revoked; the taxable year
4that includes the day on which the person becomes ineligible for tax benefits; or
5succeeding taxable years.
AB40-ASA1,712,147
71.07
(2dx) (d)
Carry-over precluded. If a person who is entitled under s.
8238.395 (3) or s. 560.795 (3)
, 2009 stats., to claim tax benefits or certified under s.
9238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009 stats., s. 10560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., for
11tax benefits ceases business operations in the development zone during any of the
12taxable years that that zone exists, that person may not carry over to any taxable
13year following the year during which operations cease any unused credits from the
14taxable year during which operations cease or from previous taxable years.
AB40-ASA1,712,1916
71.07
(2dy) (a)
Definition. In this subsection, "claimant" means a person who
17files a claim under this subsection and is certified under s.
238.301 (2) or s. 560.701
18(2)
, 2009 stats., and authorized to claim tax benefits under s.
238.303 or s. 560.703
,
192009 stats.
AB40-ASA1,712,2521
71.07
(2dy) (b)
Filing claims. Subject to the limitations under this subsection
22and ss.
238.301 to 238.306 or ss. 560.701 to 560.706,
2009 stats., for taxable years
23beginning after December 31, 2008, a claimant may claim as a credit against the tax
24imposed under s. 71.02 or 71.08, up to the amount of the tax, the amount authorized
25for the claimant under s.
238.303 or s. 560.703
, 2009 stats.
AB40-ASA1,713,52
71.07
(2dy) (c) 1. No credit may be allowed under this subsection unless the
3claimant includes with the claimant's return a copy of the claimant's certification
4under s.
238.301 (2) or s. 560.701 (2)
, 2009 stats., and a copy of the claimant's notice
5of eligibility to receive tax benefits under s.
238.303 (3) or s. 560.703 (3)
, 2009 stats.
AB40-ASA1,713,157
71.07
(2dy) (c) 2. Partnerships, limited liability companies, and tax-option
8corporations may not claim the credit under this subsection, but the eligibility for,
9and the amount of, the credit are based on their authorization to claim tax benefits
10under s.
238.303 or s. 560.703
, 2009 stats. A partnership, limited liability company,
11or tax-option corporation shall compute the amount of credit that each of its
12partners, members, or shareholders may claim and shall provide that information
13to each of them. Partners, members of limited liability companies, and shareholders
14of tax-option corporations may claim the credit in proportion to their ownership
15interests.
AB40-ASA1,714,217
71.07
(2dy) (d) 2. If a claimant's certification is revoked under s.
238.305 or s. 18560.705,
2009 stats., or if a claimant becomes ineligible for tax benefits under s.
19238.302 or s. 560.702,
2009 stats., the claimant may not claim credits under this
20subsection for the taxable year that includes the day on which the certification is
21revoked; the taxable year that includes the day on which the claimant becomes
22ineligible for tax benefits; or succeeding taxable years and the claimant may not
23carry over unused credits from previous years to offset the tax imposed under s. 71.02
24or 71.08 for the taxable year that includes the day on which certification is revoked;
1the taxable year that includes the day on which the claimant becomes ineligible for
2tax benefits; or succeeding taxable years.
AB40-ASA1, s. 1817
3Section
1817. 71.07 (3g) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,714,84
71.07
(3g) (a) (intro.) Subject to the limitations under this subsection and ss.
573.03 (35m)
and 238.23 and
s. 560.96,
2009 stats., a business that is certified under
6s.
238.23 (3) or s. 560.96 (3)
, 2009 stats., may claim as a credit against the taxes
7imposed under s. 71.02 an amount equal to the sum of the following, as established
8under s.
238.23 (3) (c) or s. 560.96 (3) (c)
, 2009 stats:
AB40-ASA1,714,1210
71.07
(3g) (b) The department of revenue shall notify the department of
11commerce
or the Wisconsin Economic Development Corporation of all claims under
12this subsection.
AB40-ASA1,714,1714
71.07
(3g) (e) 2. The investments that relate to the amount described under par.
15(a) 2. for which a claimant makes a claim under this subsection must be retained for
16use in the technology zone for the period during which the claimant's business is
17certified under s.
238.23 (3) or s. 560.96 (3)
, 2009 stats.
AB40-ASA1,714,2219
71.07
(3g) (f) 1. A copy of
a the verification
from the department of commerce 20that the claimant's business is certified under s.
238.23 (3) or s. 560.96 (3)
, 2009
21stats., and that the business
and the department of commerce have has entered into
22an agreement under s.
238.23 (3) (d) or s. 560.96 (3) (d)
, 2009 stats.
AB40-ASA1,715,224
71.07
(3g) (f) 2. A statement from the department of commerce
or the Wisconsin
25Economic Development Corporation verifying the purchase price of the investment
1described under par. (a) 2. and verifying that the investment fulfills the requirement
2under par. (e) 2.
AB40-ASA1,715,104
71.07
(3p) (b)
Filing claims. Subject to the limitations provided in this
5subsection and s.
93.535 or s. 560.207
, 2009 stats., except as provided in par. (c) 5.,
6for taxable years beginning after December 31, 2006, and before January 1, 2015, a
7claimant may claim as a credit against the taxes imposed under s. 71.02 or 71.08, up
8to the amount of the tax, an amount equal to 10 percent of the amount the claimant
9paid in the taxable year for dairy manufacturing modernization or expansion related
10to the claimant's dairy manufacturing operation.
AB40-ASA1,715,1412
71.07
(3p) (c) 2. The aggregate amount of credits that a claimant may claim
13under this subsection is $200,000
for each of the claimant's dairy manufacturing
14facilities.
AB40-ASA1, s. 1823
15Section
1823. 71.07 (3p) (c) 2m. a. of the statutes is amended to read:
AB40-ASA1,715,1816
71.07
(3p) (c) 2m. a. The maximum amount of the credits that may be claimed
17under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2007-08 is
18$600,000, as allocated under s. 560.207
, 2009 stats.
AB40-ASA1, s. 1824
19Section
1824. 71.07 (3p) (c) 2m. b. of the statutes is amended to read:
AB40-ASA1,715,2320
71.07
(3p) (c) 2m. b. The maximum amount of the credits that may be claimed
21by all claimants, other than members of dairy cooperatives, under this subsection
22and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2008-09, and in each fiscal year
23thereafter, is $700,000, as allocated under s.
93.535 or s. 560.207
, 2009 stats.
AB40-ASA1, s. 1825
24Section
1825. 71.07 (3p) (c) 2m. bm. of the statutes is amended to read:
AB40-ASA1,716,7
171.07
(3p) (c) 2m. bm. The maximum amount of the credits that may be claimed
2by members of dairy cooperatives under this subsection and ss. 71.28 (3p) and 71.47
3(3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207,
2009 stats., and
4the maximum amount of the credits that may be claimed by members of dairy
5cooperatives under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year
62010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
93.535
7or s. 560.207
, 2009 stats.
AB40-ASA1,716,139
71.07
(3p) (c) 4. If 2 or more persons own and operate
the a dairy manufacturing
10operation facility, each person may claim a credit under par. (b) in proportion to his
11or her ownership interest, except that the aggregate amount of the credits claimed
12by all persons who own and operate the dairy manufacturing
operation facility shall
13not exceed $200,000.
AB40-ASA1,716,1715
71.07
(3p) (c) 6. No credit may be allowed under this subsection unless the
16claimant submits with the claimant's return a copy of the claimant's credit
17certification and allocation under s.
93.535 or s. 560.207
, 2009 stats.