Amendment SSA1-SB27

SB27-SSA1,823,3 71.28 (1dx) (d) Carry-over precluded. If a person who is entitled under s. 238.395 (3) or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

SB27-SSA1, s. 1135 Section 1135. 71.28 (1dy) (a) of the statutes is amended to read:

SB27-SSA1,823,8 71.28 (1dy) (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection and is certified under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats.

SB27-SSA1, s. 1136 Section 1136. 71.28 (1dy) (b) of the statutes is amended to read:

SB27-SSA1,823,14 71.28 (1dy) (b) Filing claims. Subject to the limitations under this subsection and ss. 238.301 to 238.306 or s. 560.701 to 560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of the tax, the amount authorized for the claimant under s. 238.303 or s. 560.703, 2009 stats.

SB27-SSA1, s. 1137 Section 1137. 71.28 (1dy) (c) 1. of the statutes is amended to read:

SB27-SSA1,823,19 71.28 (1dy) (c) 1. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 238.303 (3) or s. 560.703 (3), 2009 stats.

SB27-SSA1, s. 1138 Section 1138. 71.28 (1dy) (c) 2. of the statutes is amended to read:

SB27-SSA1,824,4 71.28 (1dy) (c) 2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their authorization to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats. A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

SB27-SSA1, s. 1139 Section 1139. 71.28 (1dy) (d) 2. of the statutes is amended to read:

SB27-SSA1,824,15 71.28 (1dy) (d) 2. If a claimant's certification is revoked under s. 238.305 or s. 560.705, 2009 stats., or if a claimant becomes ineligible for tax benefits under s. 238.302 or s. 560.702, 2009 stats., the claimant may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years and the claimant may not carry over unused credits from previous years to offset the tax imposed under s. 71.23 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years.

SB27-SSA1, s. 1140 Section 1140. 71.28 (3g) (a) (intro.) of the statutes is amended to read:

SB27-SSA1,824,21 71.28 (3g) (a) (intro.) Subject to the limitations under this subsection and ss. 73.03 (35m) and 238.23 and s. 560.96, 2009 stats., a business that is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats., may claim as a credit against the taxes imposed under s. 71.23 an amount equal to the sum of the following, as established under s. 238.23 (3) (c) or s. 560.96 (3) (c), 2009 stats.:

SB27-SSA1, s. 1141 Section 1141. 71.28 (3g) (b) of the statutes is amended to read:

SB27-SSA1,824,25 71.28 (3g) (b) The department of revenue shall notify the department of commerce or the Wisconsin Economic Development Corporation of all claims under this subsection.

SB27-SSA1, s. 1142 Section 1142. 71.28 (3g) (e) 2. of the statutes is amended to read:

SB27-SSA1,825,5 71.28 (3g) (e) 2. The investments that relate to the amount described under par. (a) 2. for which a claimant makes a claim under this subsection must be retained for use in the technology zone for the period during which the claimant's business is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats.

SB27-SSA1, s. 1143 Section 1143. 71.28 (3g) (f) 1. of the statutes is amended to read:

SB27-SSA1,825,10 71.28 (3g) (f) 1. A copy of a the verification from the department of commerce that the claimant's business is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats., and that the business and the department of commerce have has entered into an agreement under s. 238.23 (3) (d) or s. 560.96 (3) (d), 2009 stats.

SB27-SSA1, s. 1144 Section 1144. 71.28 (3g) (f) 2. of the statutes is amended to read:

SB27-SSA1,825,15 71.28 (3g) (f) 2. A statement from the department of commerce or the Wisconsin Economic Development Corporation verifying the purchase price of the investment described under par. (a) 2. and verifying that the investment fulfills the requirement under par. (e) 2.

SB27-SSA1, s. 1145 Section 1145. 71.28 (3p) (b) of the statutes is amended to read:

SB27-SSA1,825,23 71.28 (3p) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.535 or s. 560.207, 2009 stats., except as provided in par. (c) 5., for taxable years beginning after December 31, 2006, and before January 1, 2015, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for dairy manufacturing modernization or expansion related to the claimant's dairy manufacturing operation.

SB27-SSA1, s. 1959d Section 1959d. 71.28 (3p) (c) 2. of the statutes is amended to read:

SB27-SSA1,826,3 71.28 (3p) (c) 2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000 for each of the claimant's dairy manufacturing facilities.

SB27-SSA1, s. 1146 Section 1146. 71.28 (3p) (c) 2m. a. of the statutes is amended to read:

SB27-SSA1,826,7 71.28 (3p) (c) 2m. a. The maximum amount of the credits that may be claimed under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2007-08 is $600,000, as allocated under s. 560.207, 2009 stats.

SB27-SSA1, s. 1147 Section 1147. 71.28 (3p) (c) 2m. b. of the statutes is amended to read:

SB27-SSA1,826,12 71.28 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed by all claimants, other than members of dairy cooperatives, under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2008-09, and in each fiscal year thereafter, is $700,000, as allocated under s. 93.535 or s. 560.207, 2009 stats.

SB27-SSA1, s. 1148 Section 1148. 71.28 (3p) (c) 2m. bm. of the statutes is amended to read:

SB27-SSA1,826,20 71.28 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, 2009 stats., and the maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and ss. 71.07 (3p) and 71.47 (3p) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s. 93.535 or s. 560.207, 2009 stats.

SB27-SSA1, s. 1963d Section 1963d. 71.28 (3p) (c) 4. of the statutes is amended to read:

SB27-SSA1,827,2 71.28 (3p) (c) 4. If 2 or more persons own and operate the a dairy manufacturing operation facility, each person may claim a credit under par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the dairy manufacturing operation facility shall not exceed $200,000.

SB27-SSA1, s. 1149 Section 1149. 71.28 (3p) (c) 6. of the statutes is amended to read:

SB27-SSA1,827,6 71.28 (3p) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 93.535 or s. 560.207, 2009 stats.

SB27-SSA1, s. 1150 Section 1150. 71.28 (3q) (a) 1. of the statutes is amended to read:

SB27-SSA1,827,9 71.28 (3q) (a) 1. "Claimant" means a person certified to receive tax benefits under s. 238.16 (2) or s. 560.2055 (2), 2009 stats.

SB27-SSA1, s. 1151 Section 1151. 71.28 (3q) (a) 2. of the statutes is amended to read:

SB27-SSA1,827,15 71.28 (3q) (a) 2. "Eligible employee" means, for taxable years beginning before January 1, 2011, an eligible employee under s. 560.2055 (1) (b) , 2009 stats., who satisfies the wage requirements under s. 560.2055 (3) (a) or (b), 2009 stats., or, for taxable years beginning after December 31, 2010, an eligible employee under s. 238.16 (1) (b) who satisfies the wage requirements under s. 238.16 (3) (a) or (b).

SB27-SSA1, s. 1152 Section 1152. 71.28 (3q) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,827,20 71.28 (3q) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection and s. 238.16 or s. 560.2055, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the taxes imposed under s. 71.23 any of the following:

SB27-SSA1, s. 1153 Section 1153. 71.28 (3q) (b) 1. of the statutes is amended to read:

SB27-SSA1,827,24 71.28 (3q) (b) 1. The amount of wages that the claimant paid to an eligible employee in the taxable year, not to exceed 10 percent of such wages, as determined by the department of commerce under s. 238.16 or s. 560.2055, 2009 stats.

SB27-SSA1, s. 1154 Section 1154. 71.28 (3q) (b) 2. of the statutes is amended to read:

SB27-SSA1,828,3 71.28 (3q) (b) 2. The amount of the costs incurred by the claimant in the taxable year, as determined under s. 238.16 or s. 560.2055 , 2009 stats., to undertake the training activities described under s. 238.16 (3) (c) or s. 560.2055 (3) (c), 2009 stats.

SB27-SSA1, s. 1155 Section 1155. 71.28 (3q) (c) 2. of the statutes is amended to read:

SB27-SSA1,828,7 71.28 (3q) (c) 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 238.16 (2) or s. 560.2055 (2) , 2009 stats.

SB27-SSA1, s. 1156 Section 1156. 71.28 (3q) (c) 3. of the statutes is amended to read:

SB27-SSA1,828,12 71.28 (3q) (c) 3. The maximum amount of credits that may be awarded under this subsection and ss. 71.07 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of any credits reallocated under s. 238.15 (3) (d) or s. 560.205 (3) (d), 2009 stats.

SB27-SSA1, s. 1157 Section 1157. 71.28 (3r) (b) of the statutes is amended to read:

SB27-SSA1,828,20 71.28 (3r) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.545 or s. 560.208, 2009 stats., for taxable years beginning after December 31, 2008, and before January 1, 2017, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for meat processing modernization or expansion related to the claimant's meat processing operation.

SB27-SSA1, s. 1158 Section 1158. 71.28 (3r) (c) 3. a. of the statutes is amended to read:

SB27-SSA1,828,24 71.28 (3r) (c) 3. a. The maximum amount of the credits that may be allocated under this subsection and ss. 71.07 (3r) and 71.47 (3r) in fiscal year 2009-10 is $300,000, as allocated under s. 560.208, 2009 stats.

SB27-SSA1, s. 1159 Section 1159. 71.28 (3r) (c) 3. b. of the statutes is amended to read:

SB27-SSA1,829,4 71.28 (3r) (c) 3. b. The maximum amount of the credits that may be allocated under this subsection and ss. 71.07 (3r) and 71.47 (3r) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s. 93.545 or s. 560.208, 2009 stats.

SB27-SSA1, s. 1160 Section 1160. 71.28 (3r) (c) 6. of the statutes is amended to read:

SB27-SSA1,829,8 71.28 (3r) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 93.545 or s. 560.208, 2009 stats.

SB27-SSA1, s. 1161 Section 1161. 71.28 (3rm) (b) of the statutes is amended to read:

SB27-SSA1,829,16 71.28 (3rm) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.547 or s. 560.209, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2016, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for equipment that is used primarily to harvest or process woody biomass that is used as fuel or as a component of fuel.

SB27-SSA1, s. 1162 Section 1162. 71.28 (3rm) (c) 3. of the statutes is amended to read:

SB27-SSA1,829,20 71.28 (3rm) (c) 3. The maximum amount of the credits that may be claimed under this subsection and ss. 71.07 (3rm) and 71.47 (3rm) is $900,000, as allocated under s. 93.547 or s. 560.209, 2009 stats.

SB27-SSA1, s. 1163 Section 1163. 71.28 (3rn) (b) of the statutes is amended to read:

SB27-SSA1,830,3 71.28 (3rn) (b) Filing claims. Subject to the limitations provided in this subsection and s. 506.2056 93.54 or s. 560.2056, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2017, a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for food processing or food warehousing modernization or expansion related to the operation of the claimant's food processing plant or food warehouse.

SB27-SSA1, s. 1164 Section 1164. 71.28 (3rn) (c) 3. a. of the statutes is amended to read:

SB27-SSA1,830,7 71.28 (3rn) (c) 3. a. The maximum amount of the credits that may be allocated under this subsection and ss. 71.07 (3rn) and 71.47 (3rn) in fiscal year 2009-10 is $1,000,000, as allocated under s. 560.2056, 2009 stats.

SB27-SSA1, s. 1165 Section 1165. 71.28 (3rn) (c) 3. b. of the statutes is amended to read:

SB27-SSA1,830,11 71.28 (3rn) (c) 3. b. The maximum amount of the credits that may be allocated under this subsection and ss. 71.07 (3rn) and 71.47 (3rn) in fiscal year 2010-11 is $1,200,000, as allocated under s. 560.2056, 2009 stats.

SB27-SSA1, s. 1166 Section 1166. 71.28 (3rn) (c) 3. c. of the statutes is amended to read:

SB27-SSA1,830,16 71.28 (3rn) (c) 3. c. The maximum amount of the credits that may be allocated under this subsection and ss. 71.07 (3rn) and 71.47 (3rn) in fiscal year 2011-12, and in each year thereafter, is $700,000, as allocated under s. 93.54 or s. 560.2056, 2009 stats.

SB27-SSA1, s. 1167 Section 1167. 71.28 (3rn) (c) 6. of the statutes is amended to read:

SB27-SSA1,830,20 71.28 (3rn) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 93.54 or s. 560.2056, 2009 stats.

SB27-SSA1, s. 1168 Section 1168. 71.28 (3t) (b) of the statutes is amended to read:

SB27-SSA1,831,2 71.28 (3t) (b) Credit. Subject to the limitations provided in this subsection and in s. 560.28, 2009 stats., for taxable years beginning after December 31, 2007, a claimant may claim as a credit, amortized over 15 taxable years starting with the taxable year beginning after December 31, 2007, against the tax imposed under s. 71.23, up to the amount of the tax, an amount equal to the claimant's unused credits under s. 71.28 (3).

SB27-SSA1, s. 1169 Section 1169. 71.28 (3t) (c) 1. of the statutes is amended to read:

SB27-SSA1,831,10 71.28 (3t) (c) 1. No credit may be claimed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's certification by the department of commerce under s. 560.28, 2009 stats., except that, with regard to credits claimed by partners of a partnership, members of a limited liability company, or shareholders of a tax-option corporation, the entity shall provide a copy of its certification under s. 560.28, 2009 stats., to the partner, member, or shareholder to submit with his or her return.

SB27-SSA1, s. 1170 Section 1170. 71.28 (3w) (a) 2. of the statutes is amended to read:

SB27-SSA1,831,14 71.28 (3w) (a) 2. "Claimant" means a person who is certified to claim tax benefits under s. 238.399 (5) or s. 560.799 (5), 2009 stats., and who files a claim under this subsection.

SB27-SSA1, s. 1171 Section 1171. 71.28 (3w) (a) 3. of the statutes is amended to read:

SB27-SSA1,831,17 71.28 (3w) (a) 3. "Full-time employee" means a full-time employee, as defined in s. 238.399 (1) (am) or s. 560.799 (1) (am), 2009 stats.

SB27-SSA1, s. 1172 Section 1172. 71.28 (3w) (a) 4. of the statutes is amended to read:

SB27-SSA1,831,20 71.28 (3w) (a) 4. "Enterprise zone" means a zone designated under s. 238.399 or s. 560.799, 2009 stats.

SB27-SSA1, s. 1173 Section 1173. 71.28 (3w) (a) 5d. of the statutes is amended to read:

SB27-SSA1,831,24 71.28 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats.

SB27-SSA1, s. 1174 Section 1174. 71.28 (3w) (a) 5e. of the statutes is amended to read:

SB27-SSA1,832,3 71.28 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats.

SB27-SSA1, s. 1175 Section 1175. 71.28 (3w) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,832,8 71.28 (3w) (b) Filing claims; payroll. (intro.) Subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.23 an amount calculated as follows:

SB27-SSA1, s. 1176 Section 1176. 71.28 (3w) (b) 5. of the statutes is amended to read:

SB27-SSA1,832,12 71.28 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats., not to exceed 7 percent.