SB27-SSA1, s. 1104
17Section
1104. 71.28 (1dj) (e) 3. a. of the statutes is amended to read:
SB27-SSA1,812,2218
71.28
(1dj) (e) 3. a. If certified under s. 560.765 (3)
, 2009 stats., for tax benefits
19before January 1, 1992, a statement from the department of commerce verifying the
20amount of qualifying wages and verifying that the employees were hired for work
21only in a development zone or are mobile employees whose base of operations is in
22a development zone.
SB27-SSA1, s. 1105
23Section
1105. 71.28 (1dj) (e) 3. b. of the statutes is amended to read:
SB27-SSA1,813,324
71.28
(1dj) (e) 3. b. If certified under s. 560.765 (3)
, 2009 stats., for tax benefits
25after December 31, 1991, a statement from the department of commerce verifying the
1amount of qualifying wages and verifying that the employees were hired for work
2only in a development zone or are mobile employees or leased or rented employees
3whose base of operations is in a development zone.
SB27-SSA1,813,135
71.28
(1dj) (i) The development zones credit under this subsection, as it applies
6to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation that
7conducts economic activity in a development opportunity zone under s. 560.795 (1)
,
82009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 9subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
10zone credit under this paragraph may be calculated using expenses incurred by a
11claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
12development opportunity zone designation of the area in which the claimant
13conducts economic activity.
SB27-SSA1,813,2015
71.28
(1dL) (a) Except as provided in pars. (ag), (ar), (bm) and (f) and s. 73.03
16(35), for any taxable year for which the person is certified under s. 560.765 (3)
, 2009
17stats., for tax benefits, any person may claim as a credit against taxes otherwise due
18under this subchapter an amount equal to 2.5% of the amount expended by that
19person to acquire, construct, rehabilitate or repair real property in a development
20zone under subch. VI of ch. 560
, 2009 stats.
SB27-SSA1,814,622
71.28
(1dL) (ag) If the credit under par. (a) is claimed for an amount expended
23to construct, rehabilitate, remodel or repair property, the claimant must have begun
24the physical work of construction, rehabilitation, remodeling or repair, or any
25demolition or destruction in preparation for the physical work, after the place where
1the property is located was designated a development zone under s. 560.71
, 2009
2stats., and the completed project must be placed in service after the claimant is
3certified for tax benefits under s. 560.765 (3)
, 2009 stats. In this paragraph, "physical
4work" does not include preliminary activities such as planning, designing, securing
5financing, researching, developing specifications or stabilizing the property to
6prevent deterioration.
SB27-SSA1,814,178
71.28
(1dL) (ar) If the credit under par. (a) is claimed for an amount expended
9to acquire property, the property must have been acquired by the claimant after the
10place where the property is located was designated a development zone under s.
11560.71
, 2009 stats., and the completed project must be placed in service after the
12claimant is certified for tax benefits under s. 560.765 (3)
, 2009 stats., and the
13property must not have been previously owned by the claimant or a related person
14during the 2 years prior to the designation of the development zone under s. 560.71
,
152009 stats. No credit is allowed for an amount expended to acquire property until
16the property, either in its original state as acquired by the claimant or as
17subsequently constructed, rehabilitated, remodeled or repaired, is placed in service.
SB27-SSA1,814,2519
71.28
(1dL) (bm) In calculating the credit under par. (a) a claimant shall reduce
20the amount expended to acquire property by a percentage equal to the percentage of
21the area of the real property not used for the purposes for which the claimant is
22certified to claim tax benefits under s. 560.765 (3)
, 2009 stats., and shall reduce the
23amount expended for other purposes by the amount expended on the part of the
24property not used for the purposes for which the claimant is certified to claim tax
25benefits under s. 560.765 (3)
, 2009 stats.
SB27-SSA1,815,92
71.28
(1dL) (c) If the claimant is located on an Indian reservation, as defined
3in s. 560.86 (5),
2009 stats., and is an American Indian, as defined in s. 560.86 (1),
42009 stats., an Indian business, as defined in s. 560.86 (4),
2009 stats., or a tribal
5enterprise, as defined in s. 71.07 (2di) (b) 2., and if the allowable amount of the credit
6under par. (a) exceeds the taxes otherwise due under this chapter on or measured by
7the claimant's income, the amount of the credit not used as an offset against those
8taxes shall be certified to the department of administration for payment to the
9claimant by check, share draft or other draft.
SB27-SSA1,815,1911
71.28
(1dL) (i) The development zones credit under this subsection, as it
12applies to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation
13that conducts economic activity in a development opportunity zone under s. 560.795
14(1)
, 2009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 15subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
16zone credit under this paragraph may be calculated using expenses incurred by a
17claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
18development opportunity zone designation of the area in which the claimant
19conducts economic activity.
SB27-SSA1,815,2421
71.28
(1dm) (a) 1. "Certified" means entitled under s.
238.395 (3) (a) 4. or s. 22560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
23238.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 24s. or 560.7995 (4)
, 2009 stats.
SB27-SSA1,816,4
171.28
(1dm) (a) 3. "Development zone" means a development opportunity zone
2under s.
238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1) (e) and (f)
, 2009 stats., or
3s. 560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 4560.7995
, 2009 stats.
SB27-SSA1,816,146
71.28
(1dm) (a) 4. "Previously owned property" means real property that the
7claimant or a related person owned during the 2 years prior to the department of
8commerce
or the Wisconsin Economic Development Corporation designating the
9place where the property is located as a development zone and for which the claimant
10may not deduct a loss from the sale of the property to, or an exchange of the property
11with, the related person under section
267 of the Internal Revenue Code, except that
12section
267 (b) of the Internal Revenue Code is modified so that if the claimant owns
13any part of the property, rather than 50% ownership, the claimant is subject to
14section
267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
SB27-SSA1,816,1916
71.28
(1dm) (f) 1. A copy of
a
the verification
from the department of commerce 17that the claimant may claim tax benefits under s.
238.395 (3) (a) 4. or s. 560.795 (3)
18(a) 4.
, 2009 stats., or is certified under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or
19s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats.
SB27-SSA1,816,2421
71.28
(1dm) (f) 2. A statement from the department of commerce
or the
22Wisconsin Economic Development Corporation verifying the purchase price of the
23investment and verifying that the investment fulfills the requirements under par.
24(b).
SB27-SSA1,817,14
171.28
(1dm) (i) Partnerships, limited liability companies, and tax-option
2corporations may not claim the credit under this subsection, but the eligibility for,
3and the amount of, that credit shall be determined on the basis of their economic
4activity, not that of their shareholders, partners, or members. The corporation,
5partnership, or limited liability company shall compute the amount of credit that
6may be claimed by each of its shareholders, partners, or members and provide that
7information to its shareholders, partners, or members. Partners, members of limited
8liability companies, and shareholders of tax-option corporations may claim the
9credit based on the partnership's, company's, or corporation's activities in proportion
10to their ownership interest and may offset it against the tax attributable to their
11income from the partnership's, company's, or corporation's business operations in the
12development zone; except that partners, members, and shareholders in a
13development zone under s.
238.395 (1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset
14the credit against the amount of the tax attributable to their income.
SB27-SSA1,818,216
71.28
(1dm) (j) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 560.795
17(3) (a) 4.
, 2009 stats., to claim tax benefits becomes ineligible for such tax benefits,
18or if a person's certification under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or s. 19560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., is
20revoked, that person may claim no credits under this subsection for the taxable year
21that includes the day on which the person becomes ineligible for tax benefits, the
22taxable year that includes the day on which the certification is revoked, or succeeding
23taxable years, and that person may carry over no unused credits from previous years
24to offset tax under this chapter for the taxable year that includes the day on which
1the person becomes ineligible for tax benefits, the taxable year that includes the day
2on which the certification is revoked, or succeeding taxable years.
SB27-SSA1,818,114
71.28
(1dm) (k) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 5560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
6239.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 7or
s. 560.7995 (4)
, 2009 stats., ceases business operations in the development zone
8during any of the taxable years that that zone exists, that person may not carry over
9to any taxable year following the year during which operations cease any unused
10credits from the taxable year during which operations cease or from previous taxable
11years.
SB27-SSA1,818,1413
71.28
(1ds) (a) 1. "Development zone" means a zone designated under s. 560.71
,
142009 stats.
SB27-SSA1,819,416
71.28
(1ds) (b) Except as provided in pars. (dm) and (e) and s. 73.03 (35), for
17any taxable year for which the person is certified under s. 560.765 (3)
, 2009 stats., 18for tax benefits, any person may claim as a credit against taxes otherwise due under
19this chapter the taxes paid under subchs. III and V of ch. 77 on their purchases, leases
20and rentals of eligible property. Partnerships, limited liability companies and
21tax-option corporations may not claim the credit under this subsection, but the
22eligibility for, and the amount of, that credit shall be determined on the basis of their
23economic activity, not that of their partners, members or shareholders. The
24partnership, limited liability company or corporation shall compute the amount of
25credit that may be claimed by each of its partners, members or shareholders and
1shall provide that information to its partners, members or shareholders. Partners,
2members of limited liability companies and shareholders of tax-option corporations
3may claim the credit based on the partnership's, company's or corporation's activities
4in proportion to their ownership interest.
SB27-SSA1,819,76
71.28
(1ds) (d) 1. A copy of the claimant's certification for tax benefits under
7s. 560.765 (3)
, 2009 stats.
SB27-SSA1,819,179
71.28
(1ds) (i) The development zones credit under this subsection, as it applies
10to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation that
11conducts economic activity in a development opportunity zone under s. 560.795 (1)
,
122009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 13subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
14zone credit under this paragraph may be calculated using expenses incurred by a
15claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
16development opportunity zone designation of the area in which the claimant
17conducts economic activity.
SB27-SSA1,819,2419
71.28
(1dx) (a) 2. "Development zone" means a development zone under s.
20238.30 or s. 560.70,
2009 stats., a development opportunity zone under s.
238.395 or
21s. 560.795,
2009 stats., an enterprise development zone under s.
238.397 or s. 22560.797,
2009 stats., an agricultural development zone under s.
238.398 or s. 23560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 24560.7995
, 2009 stats.
SB27-SSA1, s. 1126
25Section
1126. 71.28 (1dx) (b) (intro.) of the statutes is amended to read:
SB27-SSA1,820,7
171.28
(1dx) (b)
Credit. (intro.) Except as provided in pars. (be) and (bg) and
2in s. 73.03 (35), and subject to s.
238.385 or s. 560.785,
2009 stats., for any taxable
3year for which the person is entitled under s.
238.395 (3) or s. 560.795 (3)
, 2009 stats., 4to claim tax benefits or certified under s.
238.365 (3), 238.397 (4), 238.398 (3), or
5238.3995 (4) or s. 560.765 (3),
2009 stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
62009 stats., or
s. 560.7995 (4),
2009 stats., any person may claim as a credit against
7the taxes otherwise due under this chapter the following amounts:
SB27-SSA1,820,139
71.28
(1dx) (b) 2. The amount determined by multiplying the amount
10determined under s.
238.385 (1) (b) or s. 560.785 (1) (b)
, 2009 stats., by the number
11of full-time jobs created in a development zone and filled by a member of a targeted
12group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the
13subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,820,1915
71.28
(1dx) (b) 3. The amount determined by multiplying the amount
16determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
17of full-time jobs created in a development zone and not filled by a member of a
18targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or
19the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,821,321
71.28
(1dx) (b) 4. The amount determined by multiplying the amount
22determined under s.
238.385 (1) (bm) or s. 560.785 (1) (bm)
, 2009 stats., by the
23number of full-time jobs retained, as provided in the rules under s.
238.385 or s. 24560.785,
2009 stats., excluding jobs for which a credit has been claimed under sub.
25(1dj), in an enterprise development zone under s.
238.397 or s. 560.797
, 2009 stats.,
1and for which significant capital investment was made and by then subtracting the
2subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid
3under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,821,115
71.28
(1dx) (b) 5. The amount determined by multiplying the amount
6determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
7of full-time jobs retained, as provided in the rules under s.
238.385 or s. 560.785,
82009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in
9a development zone and not filled by a member of a targeted group and by then
10subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and
11reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,821,1813
71.28
(1dx) (be)
Offset. A claimant in a development zone under s.
238.395
14(1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset any credits claimed under this
15subsection, including any credits carried over, against the amount of the tax
16otherwise due under this subchapter attributable to all of the claimant's income and
17against the tax attributable to income from directly related business operations of
18the claimant.
SB27-SSA1,822,620
71.28
(1dx) (bg)
Other entities. For claimants in a development zone under s.
21238.395 (1) (e) or s. 560.795 (1) (e),
2009 stats., partnerships, limited liability
22companies, and tax-option corporations may not claim the credit under this
23subsection, but the eligibility for, and amount of, that credit shall be determined on
24the basis of their economic activity, not that of their shareholders, partners, or
25members. The corporation, partnership, or company shall compute the amount of
1the credit that may be claimed by each of its shareholders, partners, or members and
2shall provide that information to each of its shareholders, partners, or members.
3Partners, members of limited liability companies, and shareholders of tax-option
4corporations may claim the credit based on the partnership's, company's, or
5corporation's activities in proportion to their ownership interest and may offset it
6against the tax attributable to their income.
SB27-SSA1,822,198
71.28
(1dx) (c)
Credit precluded. If the certification of a person for tax benefits
9under s.
238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009
10stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009
11stats., is revoked, or if the person becomes ineligible for tax benefits under s.
238.395
12(3) or s. 560.795 (3),
2009 stats., that person may not claim credits under this
13subsection for the taxable year that includes the day on which the certification is
14revoked; the taxable year that includes the day on which the person becomes
15ineligible for tax benefits; or succeeding taxable years and that person may not carry
16over unused credits from previous years to offset tax under this chapter for the
17taxable year that includes the day on which certification is revoked; the taxable year
18that includes the day on which the person becomes ineligible for tax benefits; or
19succeeding taxable years.
SB27-SSA1,823,321
71.28
(1dx) (d)
Carry-over precluded. If a person who is entitled under s.
22238.395 (3) or s. 560.795 (3)
, 2009 stats., to claim tax benefits or certified under s.
23238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009 stats., s. 24560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., for
25tax benefits ceases business operations in the development zone during any of the
1taxable years that that zone exists, that person may not carry over to any taxable
2year following the year during which operations cease any unused credits from the
3taxable year during which operations cease or from previous taxable years.
SB27-SSA1,823,85
71.28
(1dy) (a)
Definition. In this subsection, "claimant" means a person who
6files a claim under this subsection and is certified under s.
238.301 (2) or s. 560.701
7(2)
, 2009 stats., and authorized to claim tax benefits under s.
238.303 or s. 560.703
,
82009 stats.
SB27-SSA1,823,1410
71.28
(1dy) (b)
Filing claims. Subject to the limitations under this subsection
11and ss.
238.301 to 238.306 or s. 560.701 to 560.706,
2009 stats., for taxable years
12beginning after December 31, 2008, a claimant may claim as a credit against the tax
13imposed under s. 71.23, up to the amount of the tax, the amount authorized for the
14claimant under s.
238.303 or s. 560.703
, 2009 stats.
SB27-SSA1,823,1916
71.28
(1dy) (c) 1. No credit may be allowed under this subsection unless the
17claimant includes with the claimant's return a copy of the claimant's certification
18under s.
238.301 (2) or s. 560.701 (2)
, 2009 stats., and a copy of the claimant's notice
19of eligibility to receive tax benefits under s.
238.303 (3) or s. 560.703 (3)
, 2009 stats.
SB27-SSA1,824,421
71.28
(1dy) (c) 2. 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 authorization to claim tax benefits
24under s.
238.303 or s. 560.703
, 2009 stats. A partnership, limited liability company,
25or tax-option corporation shall compute the amount of credit that each of its
1partners, members, or shareholders may claim and shall provide that information
2to each of them. Partners, members of limited liability companies, and shareholders
3of tax-option corporations may claim the credit in proportion to their ownership
4interests.
SB27-SSA1,824,156
71.28
(1dy) (d) 2. If a claimant's certification is revoked under s.
238.305 or s. 7560.705,
2009 stats., or if a claimant becomes ineligible for tax benefits under s.
8238.302 or s. 560.702,
2009 stats., the claimant may not claim credits under this
9subsection for the taxable year that includes the day on which the certification is
10revoked; the taxable year that includes the day on which the claimant becomes
11ineligible for tax benefits; or succeeding taxable years and the claimant may not
12carry over unused credits from previous years to offset the tax imposed under s. 71.23
13for the taxable year that includes the day on which certification is revoked; the
14taxable year that includes the day on which the claimant becomes ineligible for tax
15benefits; or succeeding taxable years.
SB27-SSA1, s. 1140
16Section
1140. 71.28 (3g) (a) (intro.) of the statutes is amended to read:
SB27-SSA1,824,2117
71.28
(3g) (a) (intro.) Subject to the limitations under this subsection and ss.
1873.03 (35m)
and 238.23 and
s. 560.96,
2009 stats., a business that is certified under
19s.
238.23 (3) or s. 560.96 (3)
, 2009 stats., may claim as a credit against the taxes
20imposed under s. 71.23 an amount equal to the sum of the following, as established
21under s.
238.23 (3) (c) or s. 560.96 (3) (c)
, 2009 stats.:
SB27-SSA1,824,2523
71.28
(3g) (b) The department of revenue shall notify the department of
24commerce
or the Wisconsin Economic Development Corporation of all claims under
25this subsection.
SB27-SSA1,825,52
71.28
(3g) (e) 2. The investments that relate to the amount described under par.
3(a) 2. for which a claimant makes a claim under this subsection must be retained for
4use in the technology zone for the period during which the claimant's business is
5certified under s.
238.23 (3) or s. 560.96 (3)
, 2009 stats.
SB27-SSA1,825,107
71.28
(3g) (f) 1. A copy of
a the verification
from the department of commerce 8that the claimant's business is certified under s.
238.23 (3) or s. 560.96 (3)
, 2009
9stats., and that the business
and the department of commerce have has entered into
10an agreement under s.
238.23 (3) (d) or s. 560.96 (3) (d)
, 2009 stats.
SB27-SSA1,825,1512
71.28
(3g) (f) 2. A statement from the department of commerce
or the Wisconsin
13Economic Development Corporation verifying the purchase price of the investment
14described under par. (a) 2. and verifying that the investment fulfills the requirement
15under par. (e) 2.
SB27-SSA1,825,2317
71.28
(3p) (b)
Filing claims. Subject to the limitations provided in this
18subsection and s.
93.535 or s. 560.207,
2009 stats., except as provided in par. (c) 5.,
19for taxable years beginning after December 31, 2006, and before January 1, 2015, a
20claimant may claim as a credit against the taxes imposed under s. 71.23, up to the
21amount of the tax, an amount equal to 10 percent of the amount the claimant paid
22in the taxable year for dairy manufacturing modernization or expansion related to
23the claimant's dairy manufacturing operation.
SB27-SSA1,826,3
171.28
(3p) (c) 2. The aggregate amount of credits that a claimant may claim
2under this subsection is $200,000
for each of the claimant's dairy manufacturing
3facilities.
SB27-SSA1, s. 1146
4Section
1146. 71.28 (3p) (c) 2m. a. of the statutes is amended to read:
SB27-SSA1,826,75
71.28
(3p) (c) 2m. a. The maximum amount of the credits that may be claimed
6under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2007-08 is
7$600,000, as allocated under s. 560.207
, 2009 stats.
SB27-SSA1, s. 1147
8Section
1147. 71.28 (3p) (c) 2m. b. of the statutes is amended to read: