AB40-ASA1,853,14
171.47
(3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and
24., and subject to the limitations provided in this subsection and
s. 238.399 or s.
3560.799
, 2009 stats., a claimant may claim as a credit against the tax imposed under
4s. 71.43 an amount equal to the percentage, as determined
by the department of
5commerce under
s. 238.399 or s. 560.799
, 2009 stats., not to exceed 7 percent, of the
6claimant's zone payroll paid in the taxable year to all of the claimant's full-time
7employees whose annual wages are greater than $20,000 in a tier I county or
8municipality, not including the wages paid to the employees determined under par.
9(b) 1., or greater than $30,000 in a tier II county or municipality, not including the
10wages paid to the employees determined under par. (b) 1., and who the claimant
11employed in the enterprise zone in the taxable year, if the total number of such
12employees is equal to or greater than the total number of such employees in the base
13year. A claimant may claim a credit under this subdivision for no more than 5
14consecutive taxable years.
AB40-ASA1,853,2116
71.47
(3w) (bm) 3. In addition to the credits under par. (b) and subds. 1., 2., and
174., and subject to the limitations provided in this subsection and
s. 238.399 or s.
18560.799
, 2009 stats., for taxable years beginning after December 31, 2008, a claimant
19may claim as a credit against the tax imposed under s. 71.43 up to 10 percent of the
20claimant's significant capital expenditures, as determined
by the department of
21commerce under
s. 238.399 (5m) or s. 560.799 (5m)
, 2009 stats.
AB40-ASA1,854,623
71.47
(3w) (bm) 4. In addition to the credits under par. (b) and subds. 1., 2., and
243., and subject to the limitations provided in this subsection and
s. 238.399 or s.
25560.799
, 2009 stats., for taxable years beginning after December 31, 2009, a claimant
1may claim as a credit against the tax imposed under s. 71.43, up to 1 percent of the
2amount that the claimant paid in the taxable year to purchase tangible personal
3property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services from
4Wisconsin vendors, as determined
by the department of commerce under
s. 238.399
5(5) (e) or s. 560.799 (5) (e)
, 2009 stats., except that the claimant may not claim the
6credit under this subdivision and subd. 3. for the same expenditures.
AB40-ASA1,854,108
71.47
(3w) (c) 3. No credit may be allowed under this subsection unless the
9claimant includes with the claimant's return a copy of the claimant's certification for
10tax benefits under
s. 238.399 (5) or (5m) or s. 560.799 (5) or (5m)
, 2009 stats.
AB40-ASA1,854,1612
71.47
(3w) (d)
Administration. Section 71.28 (4) (g) and (h), as it applies to the
13credit under s. 71.28 (4), applies to the credit under this subsection. Claimants shall
14include with their returns a copy of their certification for tax benefits, and a copy of
15the verification of their expenses, from the department of commerce
or the Wisconsin
16Economic Development Corporation.
AB40-ASA1,855,2218
71.47
(4) (am)
Development zone additional research credit. In addition to the
19credit under par. (ad), any corporation may credit against taxes otherwise due under
20this chapter an amount equal to 5 percent of the amount obtained by subtracting
21from the corporation's qualified research expenses, as defined in section
41 of the
22Internal Revenue Code, except that "qualified research expenses" include only
23expenses incurred by the claimant in a development zone under
subch. II of ch. 238
24or subch. VI of ch. 560
, 2009 stats., except that a taxpayer may elect the alternative
25computation under section
41 (c) (4) of the Internal Revenue Code and that election
1applies until the department permits its revocation and except that "qualified
2research expenses" do not include compensation used in computing the credit under
3sub. (1dj) nor research expenses incurred before the claimant is certified for tax
4benefits under
s. 238.365 (3) or s. 560.765 (3)
, 2009 stats., the corporation's base
5amount, as defined in section
41 (c) of the Internal Revenue Code, in a development
6zone, except that gross receipts used in calculating the base amount means gross
7receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1.
8and 2., (dh) 1., 2., and 3., (dj), and (dk) and research expenses used in calculating the
9base amount include research expenses incurred before the claimant is certified for
10tax benefits under
s. 238.365 (3) or s. 560.765 (3)
, 2009 stats., in a development zone,
11if the claimant submits with the claimant's return a copy of the claimant's
12certification for tax benefits under
s. 238.365 (3) or s. 560.765 (3)
, 2009 stats., and
13a statement from the department of commerce
or the Wisconsin Economic
14Development Corporation verifying the claimant's qualified research expenses for
15research conducted exclusively in a development zone. The rules under s. 73.03 (35)
16apply to the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they
17apply to the credit under that subsection apply to claims under this paragraph.
18Section
41 (h) of the Internal Revenue Code does not apply to the credit under this
19paragraph. No credit may be claimed under this paragraph for taxable years that
20begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable
21years that begin before January 1, 1998, may be carried forward to taxable years that
22begin on January 1, 1998, or thereafter.
AB40-ASA1,855,2524
71.47
(5b) (a) 2. "Fund manager" means an investment fund manager certified
25under
s. 238.15 (2) or s. 560.205 (2)
, 2009 stats.
AB40-ASA1,856,72
71.47
(5b) (b) 1. For taxable years beginning after December 31, 2004, subject
3to the limitations provided under this subsection and
s. 238.15 or s. 560.205
, 2009
4stats., and except as provided in subd. 2., a claimant may claim as a credit against
5the tax imposed under s. 71.43, up to the amount of those taxes, 25 percent of the
6claimant's investment paid to a fund manager that the fund manager invests in a
7business certified under
s. 238.15 (1) or s. 560.205 (1)
, 2009 stats.
AB40-ASA1,856,179
71.47
(5b) (b) 2. In the case of a partnership, limited liability company, or
10tax-option corporation, the computation of the 25 percent limitation under subd. 1.
11shall be determined at the entity level rather than the claimant level and may be
12allocated among the claimants who make investments in the manner set forth in the
13entity's organizational documents. The entity shall provide to the department of
14revenue and to the department of commerce
or the Wisconsin Economic
15Development Corporation the names and tax identification numbers of the
16claimants, the amounts of the credits allocated to the claimants, and the
17computation of the allocations.
AB40-ASA1,856,2319
71.47
(5b) (d) 3. For
calendar years beginning investments made after
20December 31, 2007, if an investment for which a claimant claims a credit under par.
21(b) is held by the claimant for less than 3 years, the claimant shall pay to the
22department, in the manner prescribed by the department, the amount of the credit
23that the claimant received related to the investment.
AB40-ASA1, s. 2115
24Section
2115. 71.47 (5f) (a) 1. (intro.) of the statutes is amended to read:
AB40-ASA1,857,11
171.47
(5f) (a) 1. (intro.) "Accredited production" means a film, video, broadcast
2advertisement, or television production, as approved by the department of commerce
3or the department of tourism, for which the aggregate salary and wages included in
4the cost of the production for the period ending 12 months after the month in which
5the principal filming or taping of the production begins exceeds $50,000. "Accredited
6production" also means an electronic game, as approved by the department of
7commerce
or the department of tourism, for which the aggregate salary and wages
8included in the cost of the production for the period ending 36 months after the month
9in which the principal programming, filming, or taping of the production begins
10exceeds $100,000. "Accredited production" does not include any of the following,
11regardless of the production costs:
AB40-ASA1,857,2113
71.47
(5f) (a) 3. "Production expenditures" means any expenditures that are
14incurred in this state and directly used to produce an accredited production,
15including expenditures for set construction and operation, wardrobes, make-up,
16clothing accessories, photography, sound recording, sound synchronization, sound
17mixing, lighting, editing, film processing, film transferring, special effects, visual
18effects, renting or leasing facilities or equipment, renting or leasing motor vehicles,
19food, lodging, and any other similar expenditure as determined by the department
20of commerce
or the department of tourism. "Production expenditures" do not include
21salary, wages, or labor-related contract payments.
AB40-ASA1,858,523
71.47
(5f) (c) 6. No credit may be allowed under this subsection unless the
24claimant files an application with the department of commerce
or the department of
25tourism, at the time and in the manner prescribed by the department of commerce
1or the department of tourism, and the department of commerce
or the department
2of tourism approves the application. The claimant shall submit a fee with the
3application in an amount equal to 2 percent of the claimant's budgeted production
4expenditures or to $5,000, whichever is less. The claimant shall submit a copy of the
5approved application with the claimant's return.
AB40-ASA1,858,117
71.47
(5h) (c) 4. No claim may be allowed under this subsection unless the
8department of commerce
or the department of tourism certifies, in writing, that the
9credits claimed under this subsection are for expenses related to establishing or
10operating a film production company in this state and the claimant submits a copy
11of the certification with the claimant's return.
AB40-ASA1,858,1513
71.47
(5i) (c) 1. The maximum amount of the credits that may be claimed under
14this subsection and ss. 71.07 (5i) and 71.28 (5i) in a taxable year is $10,000,000, as
15allocated under
s. 73.15 or s. 560.204
, 2009 stats.
AB40-ASA1,858,2117
71.47
(5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
18any other fuel derived from a renewable resource that meets all of the applicable
19requirements of the American Society for Testing and Materials for that fuel and that
20the department of
commerce safety and professional services designates by rule as
21a diesel replacement renewable fuel.
AB40-ASA1,859,223
71.47
(5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
24any other fuel derived from a renewable resource that meets all of the applicable
25requirements of the American Society for Testing and Materials for that fuel and that
1the department of
commerce safety and professional services designates by rule as
2a gasoline replacement renewable fuel.
AB40-ASA1,859,84
71.47
(5j) (c) 3. The department of
commerce safety and professional services 5shall establish standards to adequately prevent, in the distribution of conventional
6fuel to an end user, the inadvertent distribution of fuel containing a higher
7percentage of renewable fuel than the maximum percentage established by the
8federal environmental protection agency for use in conventionally-fueled engines.
AB40-ASA1,859,1110
71.47
(5n) Qualified production activities credit. (a)
Definitions. In this
11subsection:
AB40-ASA1,859,1212
1. "Claimant" means a person who files a claim under this subsection.
AB40-ASA1,859,1413
2. "Eligible qualified production activities income" means the lesser of the
14following:
AB40-ASA1,859,1715
a. Qualified production activities income that derives from property located in
16this state that is assessed as manufacturing property under s. 70.995 or as
17agricultural property under s. 70.32 (2) (a) 4.
AB40-ASA1,859,1818
b. Income that is apportioned to this state under s. 71.45 (3), (3d), and (3e).
AB40-ASA1,859,1919
c. Income that is determined to be taxable in this state under s. 71.255 (2).
AB40-ASA1,859,2120
3. "Qualified production activities income" means qualified production
21activities income as defined in
26 USC 199 (c).
AB40-ASA1,859,2522
(b)
Filing claims. Subject to the limitations provided in this subsection, a
23claimant may claim as a credit against the tax imposed under s. 71.43, up to the
24amount of the tax, an amount equal to one of the following percentages of the
25claimant's eligible qualified production activities income in the taxable year:
AB40-ASA1,860,2
11. For taxable years beginning after December 31, 2012, and before January
21, 2014, 1.875 percent.
AB40-ASA1,860,43
2. For taxable years beginning after December 31, 2013, and before January
41, 2015, 3.75 percent.
AB40-ASA1,860,65
3. For taxable years beginning after December 31, 2014, and before January
61, 2016, 5.526 percent.
AB40-ASA1,860,77
4. For taxable years beginning after December 31, 2015, 7.5 percent.
AB40-ASA1,860,158
(c)
Limitations. 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 share of the income described under
11par. (b). A partnership, limited liability company, or tax-option corporation shall
12compute the amount of credit that each of its partners, members, or shareholders
13may claim and shall provide that information to each of them. Partners, members
14of limited liability companies, and shareholders of tax-option corporations may
15claim the credit in proportion to their ownership interests.
AB40-ASA1,860,1716
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
17s. 71.28 (4), applies to the credit under this subsection.
AB40-ASA1,860,1919
71.49
(1) (dn) Qualified production activities credit under s. 71.47 (5n).
AB40-ASA1, s. 2124
20Section
2124. 71.54 (1) (f) (intro.) of the statutes is amended to read:
AB40-ASA1,860,2421
71.54
(1) (f)
2001 and thereafter to 2011. (intro.) Subject to sub. (2m), the
22amount of any claim filed in 2001
and thereafter
to 2011 and based on property taxes
23accrued or rent constituting property taxes accrued during the previous year is
24limited as follows:
AB40-ASA1,861,3
171.54
(1) (g)
2012 and thereafter. The amount of any claim filed in 2012 and
2thereafter and based on property taxes accrued or rent constituting property taxes
3accrued during the previous year is limited as follows:
AB40-ASA1,861,64
1. If the household income was $8,060 or less in the year to which the claim
5relates, the claim is limited to 80 percent of the property taxes accrued or rent
6constituting property taxes accrued or both in that year on the claimant's homestead.
AB40-ASA1,861,117
2. If the household income was more than $8,060 in the year to which the claim
8relates, the claim is limited to 80 percent of the amount by which the property taxes
9accrued or rent constituting property taxes accrued or both in that year on the
10claimant's homestead exceeds 8.785 percent of the household income exceeding
11$8,060.
AB40-ASA1,861,1312
3. No credit may be allowed if the household income of a claimant exceeds
13$24,680.
AB40-ASA1,861,1615
71.54
(2) (b) 3. Subject to sub. (2m), in calendar
year 1990 or any subsequent
16calendar year years 1990 to 2010, $1,450.
AB40-ASA1,861,1818
71.54
(2) (b) 4. In calendar years 2011 or any subsequent calendar year, $1,460.
AB40-ASA1,862,1120
71.54
(2m) Indexing for inflation; 2010
and thereafter. (a) For calendar years
21beginning after December 31, 2009,
and before January 1, 2011, the dollar amounts
22of the threshold income under sub. (1) (f) 1. and 2., the maximum household income
23under sub. (1) (f) 3. and the maximum property taxes under sub. (2) (b) 3. shall be
24increased each year by a percentage equal to the percentage change between the U.S.
25consumer price index for all urban consumers, U.S. city average, for the 12-month
1average of the U.S. consumer price index for the month of August of the year before
2the previous year through the month of July of the previous year and the U.S.
3consumer price index for all urban consumers, U.S. city average, for the 12-month
4average of the U.S. consumer price index for August 2007 through July 2008, as
5determined by the federal department of labor, except that the adjustment may occur
6only if the percentage is a positive number. Each amount that is revised under this
7paragraph shall be rounded to the nearest multiple of $10 if the revised amount is
8not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount
9shall be increased to the next higher multiple of $10. The department of revenue
10shall annually adjust the changes in dollar amounts required under this paragraph
11and incorporate the changes into the income tax forms and instructions.
AB40-ASA1,862,1712
(b) The department of revenue shall
annually adjust the slope under sub. (1)
13(f) 2. such that, as a claimant's income increases from the threshold income as
14calculated under par. (a), to an amount that exceeds the maximum household income
15as calculated under par. (a), the credit that may be claimed is reduced to $0 and the
16department of revenue shall incorporate the changes into the income tax forms and
17instructions.
AB40-ASA1,862,2219
71.78
(4) (m) The
secretary of commerce chief executive officer of the Wisconsin
20Economic Development Corporation and employees of
that department the
21corporation to the extent necessary to administer the development zone program
22under subch.
VI of ch. 560 II of ch. 238.
AB40-ASA1,862,2524
71.935
(1) (cr) "Municipality" means any city, village, or town, and includes any
25entity providing consolidated services among cities, villages, and towns.
AB40-ASA1,863,62
73.03
(27) To write off from the records of the department income, franchise,
3sales, use, withholding, motor fuel, gift, beverage and cigarette tax and
recycling 4economic development surcharge liabilities, following a determination by the
5secretary of revenue that they are not collectible. Taxes written off under this
6subsection remain legal obligations.
AB40-ASA1,863,158
73.03
(35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di),
9(2dj), (2dL), (2dm), (2dr), (2ds), or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm),
10(1ds), (1dx), or (4) (am), 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), or
11(4) (am), or 76.636 if granting the full amount claimed would violate a requirement
12under
s. 238.385 or s. 560.785
, 2009 stats., or would bring the total of the credits
13granted to that claimant under all of those subsections over the limit for that
14claimant under
s. 238.368, 238.395 (2) (b), or 238.397 (5) (b) or s. 560.768,
2009 stats.,
15s. 560.795 (2) (b),
2009 stats., or
s. 560.797 (5) (b)
, 2009 stats.
AB40-ASA1,863,2117
73.03
(35m) To deny a portion of a credit claimed under s. 71.07 (3g), 71.28 (3g),
18or 71.47 (3g), if granting the full amount claimed would violate a requirement under
19s. 238.23 or s. 560.96
, 2009 stats., or would bring the total of the credits claimed under
20ss. 71.07 (3g), 71.28 (3g), and 71.47 (3g) over the limit for all claimants under
s.
21238.23 (2) or s. 560.96 (2)
, 2009 stats.
AB40-ASA1,864,623
73.03
(63) Notwithstanding the amount limitations specified under
ss. s. 71.07
24(5d) (c) 1. and
s. 238.15 (3) (d) or s. 560.205 (3) (d),
2009 stats., in consultation with
25the department of commerce
or the Wisconsin Economic Development Corporation,
1to carry forward to subsequent taxable years unclaimed credit amounts of the early
2stage seed investment credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638
3and the angel investment credit under s. 71.07 (5d). Annually, no later than July 1,
4the department of commerce
or the Wisconsin Economic Development Corporation 5shall submit to the department of revenue its recommendations for the carry forward
6of credit amounts as provided under this subsection.
AB40-ASA1,864,108
73.0301
(1) (b) "Credentialing board" means a board, examining board or
9affiliated credentialing board in the department of
regulation and licensing safety
10and professional services that grants a credential.
AB40-ASA1,864,1912
73.0301
(1) (e) "Licensing department" means the department of
13administration; the board of commissioners of public lands;
the department of
14commerce; the department of children and families; the government accountability
15board; the department of financial institutions; the department of health services;
16the department of natural resources; the department of public instruction;
the
17department of regulation and licensing; the department of safety and professional
18services; the department of workforce development; the office of the commissioner
19of insurance; or the department of transportation.
AB40-ASA1,865,221
73.0301
(2) (a) 1. Request the department of revenue to certify whether an
22applicant for a license or license renewal or continuation is liable for delinquent
23taxes. With respect to an applicant for a license granted by a credentialing board,
24the department of
regulation and licensing safety and professional services shall
1make a request under this subdivision. This subdivision does not apply to the
2department of transportation with respect to licenses described in sub. (1) (d) 7.
AB40-ASA1,865,74
73.0301
(2) (a) 2. Request the department of revenue to certify whether a
5license holder is liable for delinquent taxes. With respect to a holder of a license
6granted by a credentialing board, the department of
regulation and licensing safety
7and professional services shall make a request under this subdivision.
AB40-ASA1, s. 2140
8Section
2140. 73.0301 (2) (b) 1. a. of the statutes is amended to read:
AB40-ASA1,865,219
73.0301
(2) (b) 1. a. If, after a request is made under par. (a) 1. or 2., the
10department of revenue certifies that the license holder or applicant for a license or
11license renewal or continuation is liable for delinquent taxes, revoke the license or
12deny the application for the license or license renewal or continuation. The
13department of transportation may suspend licenses described in sub. (1) (d) 7. in lieu
14of revoking those licenses. A suspension, revocation or denial under this subd. 1. a.
15is not subject to administrative review or, except as provided in subd. 2. and sub. (5)
16(am), judicial review. With respect to a license granted by a credentialing board, the
17department of
regulation and licensing safety and professional services shall make
18a revocation or denial under this subd. 1. a. With respect to a license to practice law,
19the department of revenue shall not submit a certification under this subd. 1. a. to
20the supreme court until after the license holder or applicant has exhausted his or her
21remedies under sub. (5) (a) and (am) or has failed to make use of such remedies.
AB40-ASA1, s. 2141
22Section
2141. 73.0301 (2) (b) 1. b. of the statutes is amended to read: