SB27-SSA1, s. 1213
9Section
1213. 71.47 (1dj) (am) 4t. of the statutes is amended to read:
SB27-SSA1,863,1610
71.47
(1dj) (am) 4t. If certified under s. 560.765 (3)
, 2009 stats., for tax benefits
11before January 1, 1992, modify section
51 (i) (3) of the internal revenue code so that
12for leased or rented employees, except employees of a leasing agency certified for tax
13benefits who perform services directly for the agency in a development zone, the
14minimum employment periods apply to the time that they perform services in a
15development zone for a single lessee or renter, not to their employment by the leasing
16agency.
SB27-SSA1,863,1918
71.47
(1dj) (e) 1. A copy of the claimant's certification for tax benefits under s.
19560.765 (3)
, 2009 stats.
SB27-SSA1, s. 1215
20Section
1215. 71.47 (1dj) (e) 3. a. of the statutes is amended to read:
SB27-SSA1,863,2521
71.47
(1dj) (e) 3. a. If certified under s. 560.765 (3)
, 2009 stats., for tax benefits
22before January 1, 1992, a statement from the department of commerce verifying the
23amount of qualifying wages and verifying that the employees were hired for work
24only in a development zone or are mobile employees whose base of operations is in
25a development zone.
SB27-SSA1, s. 1216
1Section
1216. 71.47 (1dj) (e) 3. b. of the statutes is amended to read:
SB27-SSA1,864,62
71.47
(1dj) (e) 3. b. If certified under s. 560.765 (3)
, 2009 stats., for tax benefits
3after December 31, 1991, a statement from the department of commerce verifying the
4amount of qualifying wages and verifying that the employees were hired for work
5only in a development zone or are mobile employees or leased or rented employees
6whose base of operations is in a development zone.
SB27-SSA1,864,138
71.47
(1dL) (a) Except as provided in pars. (ag), (ar), (bm) and (f) and s. 73.03
9(35), for any taxable year for which the person is certified under s. 560.765 (3)
, 2009
10stats., for tax benefits, any person may claim as a credit against taxes otherwise due
11under this subchapter an amount equal to 2.5% of the amount expended by that
12person to acquire, construct, rehabilitate or repair real property in a development
13zone under subch. VI of ch. 560
, 2009 stats.
SB27-SSA1,864,2415
71.47
(1dL) (ag) If the credit under par. (a) is claimed for an amount expended
16to construct, rehabilitate, remodel or repair property, the claimant must have begun
17the physical work of construction, rehabilitation, remodeling or repair, or any
18demolition or destruction in preparation for the physical work, after the place where
19the property is located was designated a development zone under s. 560.71
, 2009
20stats., and the completed project must be placed in service after the claimant is
21certified for tax benefits under s. 560.765 (3)
, 2009 stats. In this paragraph, "physical
22work" does not include preliminary activities such as planning, designing, securing
23financing, researching, developing specifications or stabilizing the property to
24prevent deterioration.
SB27-SSA1,865,10
171.47
(1dL) (ar) If the credit under par. (a) is claimed for an amount expended
2to acquire property, the property must have been acquired by the claimant after the
3place where the property is located was designated a development zone under s.
4560.71
, 2009 stats., and the completed project must be placed in service after the
5claimant is certified for tax benefits under s. 560.765 (3)
, 2009 stats., and the
6property must not have been previously owned by the claimant or a related person
7during the 2 years prior to the designation of the development zone under s. 560.71
,
82009 stats. No credit is allowed for an amount expended to acquire property until
9the property, either in its original state as acquired by the claimant or as
10subsequently constructed, rehabilitated, remodeled or repaired, is placed in service.
SB27-SSA1,865,1812
71.47
(1dL) (bm) In calculating the credit under par. (a) a claimant shall reduce
13the amount expended to acquire property by a percentage equal to the percentage of
14the area of the real property not used for the purposes for which the claimant is
15certified to claim tax benefits under s. 560.765 (3)
, 2009 stats., and shall reduce the
16amount expended for other purposes by the amount expended on the part of the
17property not used for the purposes for which the claimant is certified to claim tax
18benefits under s. 560.765 (3)
, 2009 stats.
SB27-SSA1,866,220
71.47
(1dL) (c) If the claimant is located on an Indian reservation, as defined
21in s. 560.86 (5),
2009 stats., and is an American Indian, as defined in s. 560.86 (1),
222009 stats., an Indian business, as defined in s. 560.86 (4),
2009 stats., or a tribal
23enterprise, as defined in s. 71.07 (2di) (b) 2., and if the allowable amount of the credit
24under par. (a) exceeds the taxes otherwise due under this chapter on or measured by
25the claimant's income, the amount of the credit not used as an offset against those
1taxes shall be certified to the department of administration for payment to the
2claimant by check, share draft or other draft.
SB27-SSA1,866,74
71.47
(1dm) (a) 1. "Certified" means 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),
6238.398 (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.
SB27-SSA1,866,129
71.47
(1dm) (a) 3. "Development zone" means a development opportunity zone
10under s.
238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1) (e) and (f)
, 2009 stats., or
11s. 560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 12560.7995
, 2009 stats.
SB27-SSA1,866,2214
71.47
(1dm) (a) 4. "Previously owned property" means real property that the
15claimant or a related person owned during the 2 years prior to the department of
16commerce
or the Wisconsin Economic Development Corporation designating the
17place where the property is located as a development zone and for which the claimant
18may not deduct a loss from the sale of the property to, or an exchange of the property
19with, the related person under section
267 of the Internal Revenue Code, except that
20section
267 (b) of the Internal Revenue Code is modified so that if the claimant owns
21any part of the property, rather than 50% ownership, the claimant is subject to
22section
267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
SB27-SSA1,867,224
71.47
(1dm) (f) 1. A copy of
a
the verification
from the department of commerce 25that the claimant may claim tax benefits under s.
238.395 (3) (a) 4. or s. 560.795 (3)
1(a) 4.
, 2009 stats., or is certified under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or
2s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats.
SB27-SSA1,867,74
71.47
(1dm) (f) 2. A statement from the department of commerce
or the
5Wisconsin Economic Development Corporation verifying the purchase price of the
6investment and verifying that the investment fulfills the requirements under par.
7(b).
SB27-SSA1,867,229
71.47
(1dm) (i) Partnerships, limited liability companies, and tax-option
10corporations may not claim the credit under this subsection, but the eligibility for,
11and the amount of, that credit shall be determined on the basis of their economic
12activity, not that of their shareholders, partners, or members. The corporation,
13partnership, or limited liability company shall compute the amount of credit that
14may be claimed by each of its shareholders, partners, or members and provide that
15information to its shareholders, partners, or members. Partners, members of limited
16liability companies, and shareholders of tax-option corporations may claim the
17credit based on the partnership's, company's, or corporation's activities in proportion
18to their ownership interest and may offset it against the tax attributable to their
19income from the partnership's, company's, or corporation's business operations in the
20development zone; except that partners, members, and shareholders in a
21development zone under s.
238.395 (1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset
22the credit against the amount of the tax attributable to their income.
SB27-SSA1,868,924
71.47
(1dm) (j) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 560.795
25(3) (a) 4.
, 2009 stats., to claim tax benefits becomes ineligible for such tax benefits,
1or if a person's certification under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or s. 2560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., is
3revoked, that person may claim no credits under this subsection for the taxable year
4that includes the day on which the person becomes ineligible for tax benefits, the
5taxable year that includes the day on which the certification is revoked, or succeeding
6taxable years, and that person may carry over no unused credits from previous years
7to offset tax under this chapter for the taxable year that includes the day on which
8the person becomes ineligible for tax benefits, the taxable year that includes the day
9on which the certification is revoked, or succeeding taxable years.
SB27-SSA1,868,1811
71.47
(1dm) (k) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 12560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
13238.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 14or
s. 560.7995 (4)
, 2009 stats., ceases business operations in the development zone
15during any of the taxable years that that zone exists, that person may not carry over
16to any taxable year following the year during which operations cease any unused
17credits from the taxable year during which operations cease or from previous taxable
18years.
SB27-SSA1,868,2120
71.47
(1ds) (a) 1. "Development zone" means a zone designated under s. 560.71
,
212009 stats.
SB27-SSA1,869,1123
71.47
(1ds) (b) Except as provided in pars. (dm) and (e) and s. 73.03 (35), for
24any taxable year for which the person is certified under s. 560.765 (3)
, 2009 stats., 25for tax benefits, any person may claim as a credit against taxes otherwise due under
1this chapter the taxes paid under subchs. III and V of ch. 77 on their purchases, leases
2and rentals of eligible property. Partnerships, limited liability companies and
3tax-option corporations may not claim the credit under this subsection but the
4eligibility for, and the amount of, that credit shall be determined on the basis of their
5economic activity, not that of their partners, members or shareholders. The
6partnership, limited liability company or corporation shall compute the amount of
7the credit that may be claimed by each of its partners, members or shareholders and
8shall provide that information to each of its partners, members or shareholders.
9Partners, members of limited liability companies and shareholders of tax-option
10corporations may claim the credit based on the partnership's, company's or
11corporation's activities in proportion to their ownership interest.
SB27-SSA1,869,1413
71.47
(1ds) (d) 1. A copy of the claimant's certification for tax benefits under
14s. 560.765 (3)
, 2009 stats.
SB27-SSA1,869,2116
71.47
(1dx) (a) 2. "Development zone" means a development zone under s.
17238.30 or s. 560.70,
2009 stats., a development opportunity zone under s.
238.395 or
18s. 560.795
, 2009 stats., or an enterprise development zone under s.
238.397 or s. 19560.797,
2009 stats., an agricultural development zone under s.
238.398 or s. 20560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 21560.7995
, 2009 stats.
SB27-SSA1, s. 1234
22Section
1234. 71.47 (1dx) (b) (intro.) of the statutes is amended to read:
SB27-SSA1,870,423
71.47
(1dx) (b)
Credit. (intro.) Except as provided in pars. (be) and (bg) and
24in s. 73.03 (35), and subject to s.
238.385 or s. 560.785,
2009 stats., for any taxable
25year for which the person is entitled under s.
238.395 (3) or s. 560.795 (3)
, 2009 stats.,
1to claim tax benefits or certified under s.
238.365 (3), 238.397 (4), 238.398 (3), or
2238.3995 (4) or s. 560.765 (3),
2009 stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
32009 stats., or
s. 560.7995 (4),
2009 stats., any person may claim as a credit against
4the taxes otherwise due under this chapter the following amounts:
SB27-SSA1,870,106
71.47
(1dx) (b) 2. The amount determined by multiplying the amount
7determined under s.
238.385 (1) (b) or s. 560.785 (1) (b)
, 2009 stats., by the number
8of full-time jobs created in a development zone and filled by a member of a targeted
9group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the
10subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,870,1612
71.47
(1dx) (b) 3. The amount determined by multiplying the amount
13determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
14of full-time jobs created in a development zone and not filled by a member of a
15targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or
16the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,870,2518
71.47
(1dx) (b) 4. The amount determined by multiplying the amount
19determined under s.
238.385 (1) (bm) or s. 560.785 (1) (bm)
, 2009 stats., by the
20number of full-time jobs retained, as provided in the rules under s.
238.385 or s. 21560.785,
2009 stats., excluding jobs for which a credit has been claimed under sub.
22(1dj), in an enterprise development zone under s.
238.397 or s. 560.797
, 2009 stats., 23and for which significant capital investment was made and by then subtracting the
24subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid
25under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,871,82
71.47
(1dx) (b) 5. The amount determined by multiplying the amount
3determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
4of full-time jobs retained, as provided in the rules under s.
238.385 or s. 560.785,
52009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in
6a development zone and not filled by a member of a targeted group and by then
7subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and
8reimbursements paid under s. 49.147 (3m) (c) for those jobs.
SB27-SSA1,871,1510
71.47
(1dx) (be)
Offset. A claimant in a development zone under s.
238.395 (1)
11(e) or s. 560.795 (1) (e)
, 2009 stats., may offset any credits claimed under this
12subsection, including any credits carried over, against the amount of the tax
13otherwise due under this subchapter attributable to all of the claimant's income and
14against the tax attributable to income from directly related business operations of
15the claimant.
SB27-SSA1,872,317
71.47
(1dx) (bg)
Other entities. For claimants in a development zone under s.
18238.395 (1) (e) or s. 560.795 (1) (e),
2009 stats., partnerships, limited liability
19companies, and tax-option corporations may not claim the credit under this
20subsection, but the eligibility for, and amount of, that credit shall be determined on
21the basis of their economic activity, not that of their shareholders, partners, or
22members. The corporation, partnership, or company shall compute the amount of
23the credit that may be claimed by each of its shareholders, partners, or members and
24shall provide that information to each of its shareholders, partners, or members.
25Partners, members of limited liability companies, and shareholders of tax-option
1corporations may claim the credit based on the partnership's, company's, or
2corporation's activities in proportion to their ownership interest and may offset it
3against the tax attributable to their income.
SB27-SSA1,872,165
71.47
(1dx) (c)
Credit precluded. If the certification of a person for tax benefits
6under s.
238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009
7stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009
8stats., is revoked, or if the person becomes ineligible for tax benefits under s.
238.395
9(3) or s. 560.795 (3),
2009 stats., that person may not claim credits under this
10subsection for the taxable year that includes the day on which the certification is
11revoked; the taxable year that includes the day on which the person becomes
12ineligible for tax benefits; or succeeding taxable years and that person may not carry
13over unused credits from previous years to offset tax under this chapter for the
14taxable year that includes the day on which certification is revoked; the taxable year
15that includes the day on which the person becomes ineligible for tax benefits; or
16succeeding taxable years.
SB27-SSA1,872,2518
71.47
(1dx) (d)
Carry-over precluded. If a person who is entitled under s.
19238.395 (3) or s. 560.795 (3)
, 2009 stats., to claim tax benefits or certified under s.
20238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009 stats., s. 21560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., for
22tax benefits ceases business operations in the development zone during any of the
23taxable years that that zone exists, that person may not carry over to any taxable
24year following the year during which operations cease any unused credits from the
25taxable year during which operations cease or from previous taxable years.
SB27-SSA1,873,52
71.47
(1dy) (a)
Definition. In this subsection, "claimant" means a person who
3files a claim under this subsection and is certified under s.
238.301 (2) or s. 560.701
4(2)
, 2009 stats., and authorized to claim tax benefits under s.
238.303 or s. 560.703
,
52009 stats.
SB27-SSA1,873,117
71.47
(1dy) (b)
Filing claims. Subject to the limitations under this subsection
8and ss.
238.301 to 238.306 or s. 560.701 to 560.706,
2009 stats., for taxable years
9beginning after December 31, 2008, a claimant may claim as a credit against the tax
10imposed under s. 71.43, up to the amount of the tax, the amount authorized for the
11claimant under s.
238.303 or s. 560.703
, 2009 stats.
SB27-SSA1,873,1613
71.47
(1dy) (c) 1. No credit may be allowed under this subsection unless the
14claimant includes with the claimant's return a copy of the claimant's certification
15under s.
238.301 (2) or s. 560.701 (2)
, 2009 stats., and a copy of the claimant's notice
16of eligibility to receive tax benefits under s.
238.303 (3) or s. 560.703 (3)
, 2009 stats.
SB27-SSA1,874,218
71.47
(1dy) (c) 2. Partnerships, limited liability companies, and tax-option
19corporations may not claim the credit under this subsection, but the eligibility for,
20and the amount of, the credit are based on their authorization to claim tax benefits
21under s.
238.303 or s. 560.703
, 2009 stats. A partnership, limited liability company,
22or tax-option corporation shall compute the amount of credit that each of its
23partners, members, or shareholders may claim and shall provide that information
24to each of them. Partners, members of limited liability companies, and shareholders
1of tax-option corporations may claim the credit in proportion to their ownership
2interests.
SB27-SSA1,874,134
71.47
(1dy) (d) 2. If a claimant's certification is revoked under s.
238.305 or s. 5560.705,
2009 stats., or if a claimant becomes ineligible for tax benefits under s.
6238.302 or s. 560.702,
2009 stats., the claimant may not claim credits under this
7subsection for the taxable year that includes the day on which the certification is
8revoked; the taxable year that includes the day on which the claimant becomes
9ineligible for tax benefits; or succeeding taxable years and the claimant may not
10carry over unused credits from previous years to offset the tax imposed under s. 71.43
11for the taxable year that includes the day on which certification is revoked; the
12taxable year that includes the day on which the claimant becomes ineligible for tax
13benefits; or succeeding taxable years.
SB27-SSA1, s. 1248
14Section
1248. 71.47 (3g) (a) (intro.) of the statutes is amended to read:
SB27-SSA1,874,1915
71.47
(3g) (a) (intro.) Subject to the limitations under this subsection and ss.
1673.03 (35m)
, and 238.23 and
s. 560.96,
2009 stats., a business that is certified under
17s.
238.23 (3) or s. 560.96 (3)
, 2009 stats., may claim as a credit against the taxes
18imposed under s. 71.43 an amount equal to the sum of the following, as established
19under s.
238.23 (3) (c) or s. 560.96 (3) (c)
, 2009 stats:
SB27-SSA1,874,2321
71.47
(3g) (b) The department of revenue shall notify the department of
22commerce
or the Wisconsin Economic Development Corporation of all claims under
23this subsection.
SB27-SSA1,875,4
171.47
(3g) (e) 2. The investments that relate to the amount described under par.
2(a) 2. for which a claimant makes a claim under this subsection must be retained for
3use in the technology zone for the period during which the claimant's business is
4certified under s.
238.23 (3) or s. 560.96 (3)
, 2009 stats.
SB27-SSA1,875,96
71.47
(3g) (f) 1. A copy of
a the verification
from the department of commerce 7that the claimant's business is certified under s.
238.23 (3) or s. 560.96 (3)
, 2009
8stats., and that the business
and the department of commerce have has entered into
9an agreement under s.
238.23 (3) (d) or s. 560.96 (3) (d)
, 2009 stats.
SB27-SSA1,875,1411
71.47
(3g) (f) 2. A statement from the department of commerce
or the Wisconsin
12Economic Development Corporation verifying the purchase price of the investment
13described under par. (a) 2. and verifying that the investment fulfills the requirement
14under par. (e) 2.
SB27-SSA1,875,2216
71.47
(3p) (b)
Filing claims. Subject to the limitations provided in this
17subsection and s.
93.535 or s. 560.207,
2009 stats., except as provided in par. (c) 5.,
18for taxable years beginning after December 31, 2006, and before January 1, 2015, a
19claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
20amount of the tax, an amount equal to 10 percent of the amount the claimant paid
21in the taxable year for dairy manufacturing modernization or expansion related to
22the claimant's dairy manufacturing operation.
SB27-SSA1,876,3
171.47
(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. 1254
4Section
1254. 71.47 (3p) (c) 2m. a. of the statutes is amended to read:
SB27-SSA1,876,75
71.47
(3p) (c) 2m. a. The maximum amount of the credits that may be claimed
6under this subsection and ss. 71.07 (3p) and 71.28 (3p) in fiscal year 2007-08 is
7$600,000, as allocated under s. 560.207
, 2009 stats.
SB27-SSA1, s. 1255
8Section
1255. 71.47 (3p) (c) 2m. b. of the statutes is amended to read:
SB27-SSA1,876,129
71.47
(3p) (c) 2m. b. The maximum amount of the credits that may be claimed
10by all claimants, other than members of dairy cooperatives, under this subsection
11and ss. 71.07 (3p) and 71.28 (3p) in fiscal year 2008-09, and in each fiscal year
12thereafter, is $700,000, as allocated under s.
93.535 or s. 560.207
, 2009 stats.
SB27-SSA1, s. 1256
13Section
1256. 71.47 (3p) (c) 2m. bm. of the statutes is amended to read: