AB40, s. 1913
20Section
1913. 71.28 (1dj) (am) 4. b. of the statutes is amended to read:
AB40,810,221
71.28
(1dj) (am) 4. b. If certified under s. 560.765 (3)
, 2009 stats., for tax
22benefits after December 31, 1991, modify "qualified wages" as defined in section
51 23(b) of the internal revenue code to exclude wages paid before the claimant is certified
24for tax benefits and to exclude wages that are paid to employees for work at any
25location that is not in a development zone under subch. VI of ch. 560
, 2009 stats. For
1purposes of this subd. 4. b., mobile employees and leased or rented employees work
2at their base of operations.
AB40, s. 1914
3Section
1914. 71.28 (1dj) (am) 4c. of the statutes is amended to read:
AB40,810,84
71.28
(1dj) (am) 4c. Modify the rule for ineligible individuals under section
51 5(i) (1) of the internal revenue code to allow credit for the wages of related individuals
6paid by an Indian business, as defined in s. 560.86 (4),
2009 stats., or a tribal
7enterprise, as defined in s. 71.07 (2di) (b) 2., if the Indian business or tribal enterprise
8is located in a development zone designated under s. 560.71 (3) (c) 2.
, 2009 stats.
AB40, s. 1915
9Section
1915. 71.28 (1dj) (am) 4t. of the statutes is amended to read:
AB40,810,1610
71.28
(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.
AB40, s. 1916
17Section
1916. 71.28 (1dj) (e) 1. of the statutes is amended to read:
AB40,810,1918
71.28
(1dj) (e) 1. A copy of the claimant's certification for tax benefits under s.
19560.765 (3)
, 2009 stats.
AB40, s. 1917
20Section
1917. 71.28 (1dj) (e) 3. a. of the statutes is amended to read:
AB40,810,2521
71.28
(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.
AB40, s. 1918
1Section
1918. 71.28 (1dj) (e) 3. b. of the statutes is amended to read:
AB40,811,62
71.28
(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.
AB40, s. 1919
7Section
1919. 71.28 (1dj) (i) of the statutes is amended to read:
AB40,811,168
71.28
(1dj) (i) The development zones credit under this subsection, as it applies
9to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation that
10conducts economic activity in a development opportunity zone under s. 560.795 (1)
,
112009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 12subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
13zone credit under this paragraph may be calculated using expenses incurred by a
14claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
15development opportunity zone designation of the area in which the claimant
16conducts economic activity.
AB40, s. 1920
17Section
1920. 71.28 (1dL) (a) of the statutes is amended to read:
AB40,811,2318
71.28
(1dL) (a) Except as provided in pars. (ag), (ar), (bm) and (f) and s. 73.03
19(35), for any taxable year for which the person is certified under s. 560.765 (3)
, 2009
20stats., for tax benefits, any person may claim as a credit against taxes otherwise due
21under this subchapter an amount equal to 2.5% of the amount expended by that
22person to acquire, construct, rehabilitate or repair real property in a development
23zone under subch. VI of ch. 560
, 2009 stats.
AB40, s. 1921
24Section
1921. 71.28 (1dL) (ag) of the statutes is amended to read:
AB40,812,10
171.28
(1dL) (ag) If the credit under par. (a) is claimed for an amount expended
2to construct, rehabilitate, remodel or repair property, the claimant must have begun
3the physical work of construction, rehabilitation, remodeling or repair, or any
4demolition or destruction in preparation for the physical work, after the place where
5the property is located was designated a development zone under s. 560.71
, 2009
6stats., and the completed project must be placed in service after the claimant is
7certified for tax benefits under s. 560.765 (3)
, 2009 stats. In this paragraph, "physical
8work" does not include preliminary activities such as planning, designing, securing
9financing, researching, developing specifications or stabilizing the property to
10prevent deterioration.
AB40, s. 1922
11Section
1922. 71.28 (1dL) (ar) of the statutes is amended to read:
AB40,812,2112
71.28
(1dL) (ar) If the credit under par. (a) is claimed for an amount expended
13to acquire property, the property must have been acquired by the claimant after the
14place where the property is located was designated a development zone under s.
15560.71
, 2009 stats., and the completed project must be placed in service after the
16claimant is certified for tax benefits under s. 560.765 (3)
, 2009 stats., and the
17property must not have been previously owned by the claimant or a related person
18during the 2 years prior to the designation of the development zone under s. 560.71
,
192009 stats. No credit is allowed for an amount expended to acquire property until
20the property, either in its original state as acquired by the claimant or as
21subsequently constructed, rehabilitated, remodeled or repaired, is placed in service.
AB40, s. 1923
22Section
1923. 71.28 (1dL) (bm) of the statutes is amended to read:
AB40,813,423
71.28
(1dL) (bm) In calculating the credit under par. (a) a claimant shall reduce
24the amount expended to acquire property by a percentage equal to the percentage of
25the area of the real property not used for the purposes for which the claimant is
1certified to claim tax benefits under s. 560.765 (3)
, 2009 stats., and shall reduce the
2amount expended for other purposes by the amount expended on the part of the
3property not used for the purposes for which the claimant is certified to claim tax
4benefits under s. 560.765 (3)
, 2009 stats.
AB40, s. 1924
5Section
1924. 71.28 (1dL) (c) of the statutes is amended to read:
AB40,813,136
71.28
(1dL) (c) If the claimant is located on an Indian reservation, as defined
7in s. 560.86 (5),
2009 stats., and is an American Indian, as defined in s. 560.86 (1),
82009 stats., an Indian business, as defined in s. 560.86 (4),
2009 stats., or a tribal
9enterprise, as defined in s. 71.07 (2di) (b) 2., and if the allowable amount of the credit
10under par. (a) exceeds the taxes otherwise due under this chapter on or measured by
11the claimant's income, the amount of the credit not used as an offset against those
12taxes shall be certified to the department of administration for payment to the
13claimant by check, share draft or other draft.
AB40, s. 1925
14Section
1925. 71.28 (1dL) (i) of the statutes is amended to read:
AB40,813,2315
71.28
(1dL) (i) The development zones credit under this subsection, as it
16applies to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation
17that conducts economic activity in a development opportunity zone under s. 560.795
18(1)
, 2009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 19subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
20zone credit under this paragraph may be calculated using expenses incurred by a
21claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
22development opportunity zone designation of the area in which the claimant
23conducts economic activity.
AB40, s. 1926
24Section
1926. 71.28 (1dm) (a) 1. of the statutes is amended to read:
AB40,814,4
171.28
(1dm) (a) 1. "Certified" means entitled under s.
238.395 (3) (a) 4. or s. 2560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
3238.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 4s. or 560.7995 (4)
, 2009 stats.
AB40, s. 1927
5Section
1927. 71.28 (1dm) (a) 3. of the statutes is amended to read:
AB40,814,96
71.28
(1dm) (a) 3. "Development zone" means a development opportunity zone
7under s.
238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1) (e) and (f)
, 2009 stats., or
8s. 560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 9560.7995
, 2009 stats.
AB40, s. 1928
10Section
1928. 71.28 (1dm) (a) 4. of the statutes is amended to read:
AB40,814,1911
71.28
(1dm) (a) 4. "Previously owned property" means real property that the
12claimant or a related person owned during the 2 years prior to the department of
13commerce
or the Wisconsin Economic Development Corporation designating the
14place where the property is located as a development zone and for which the claimant
15may not deduct a loss from the sale of the property to, or an exchange of the property
16with, the related person under section
267 of the Internal Revenue Code, except that
17section
267 (b) of the Internal Revenue Code is modified so that if the claimant owns
18any part of the property, rather than 50% ownership, the claimant is subject to
19section
267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
AB40, s. 1929
20Section
1929. 71.28 (1dm) (f) 1. of the statutes is amended to read:
AB40,814,2421
71.28
(1dm) (f) 1. A copy of
a
the verification
from the department of commerce 22that the claimant may claim tax benefits under s.
238.395 (3) (a) 4. or s. 560.795 (3)
23(a) 4.
, 2009 stats., or is certified under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or
24s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats.
AB40, s. 1930
25Section
1930. 71.28 (1dm) (f) 2. of the statutes is amended to read:
AB40,815,4
171.28
(1dm) (f) 2. A statement from the department of commerce
or the
2Wisconsin Economic Development Corporation verifying the purchase price of the
3investment and verifying that the investment fulfills the requirements under par.
4(b).
AB40, s. 1931
5Section
1931. 71.28 (1dm) (i) of the statutes is amended to read:
AB40,815,196
71.28
(1dm) (i) Partnerships, limited liability companies, and tax-option
7corporations may not claim the credit under this subsection, but the eligibility for,
8and the amount of, that credit shall be determined on the basis of their economic
9activity, not that of their shareholders, partners, or members. The corporation,
10partnership, or limited liability company shall compute the amount of credit that
11may be claimed by each of its shareholders, partners, or members and provide that
12information to its shareholders, partners, or members. Partners, members of limited
13liability companies, and shareholders of tax-option corporations may claim the
14credit based on the partnership's, company's, or corporation's activities in proportion
15to their ownership interest and may offset it against the tax attributable to their
16income from the partnership's, company's, or corporation's business operations in the
17development zone; except that partners, members, and shareholders in a
18development zone under s.
238.395 (1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset
19the credit against the amount of the tax attributable to their income.
AB40, s. 1932
20Section
1932. 71.28 (1dm) (j) of the statutes is amended to read:
AB40,816,621
71.28
(1dm) (j) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 560.795
22(3) (a) 4.
, 2009 stats., to claim tax benefits becomes ineligible for such tax benefits,
23or if a person's certification under s.
238.395 (5), 238.398 (3), or 238.3995 (4) or s. 24560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., is
25revoked, that person may claim no credits under this subsection for the taxable year
1that includes the day on which the person becomes ineligible for tax benefits, the
2taxable year that includes the day on which the certification is revoked, or succeeding
3taxable years, and that person may carry over no unused credits from previous years
4to offset tax under this chapter for the taxable year that includes the day on which
5the person becomes ineligible for tax benefits, the taxable year that includes the day
6on which the certification is revoked, or succeeding taxable years.
AB40, s. 1933
7Section
1933. 71.28 (1dm) (k) of the statutes is amended to read:
AB40,816,158
71.28
(1dm) (k) If a person who is entitled under s.
238.395 (3) (a) 4. or s. 9560.795 (3) (a) 4.
, 2009 stats., to claim tax benefits or certified under s.
238.395 (5),
10239.398 (3), or 238.3995 (4) or s. 560.795 (5),
2009 stats., s. 560.798 (3),
2009 stats., 11or
s. 560.7995 (4)
, 2009 stats., ceases business operations in the development zone
12during any of the taxable years that that zone exists, that person may not carry over
13to any taxable year following the year during which operations cease any unused
14credits from the taxable year during which operations cease or from previous taxable
15years.
AB40, s. 1934
16Section
1934. 71.28 (1ds) (a) 1. of the statutes is amended to read:
AB40,816,1817
71.28
(1ds) (a) 1. "Development zone" means a zone designated under s. 560.71
,
182009 stats.
AB40, s. 1935
19Section
1935. 71.28 (1ds) (b) of the statutes is amended to read:
AB40,817,820
71.28
(1ds) (b) Except as provided in pars. (dm) and (e) and s. 73.03 (35), for
21any taxable year for which the person is certified under s. 560.765 (3)
, 2009 stats., 22for tax benefits, any person may claim as a credit against taxes otherwise due under
23this chapter the taxes paid under subchs. III and V of ch. 77 on their purchases, leases
24and rentals of eligible property. Partnerships, limited liability companies and
25tax-option corporations may not claim the credit under this subsection, but the
1eligibility for, and the amount of, that credit shall be determined on the basis of their
2economic activity, not that of their partners, members or shareholders. The
3partnership, limited liability company or corporation shall compute the amount of
4credit that may be claimed by each of its partners, members or shareholders and
5shall provide that information to its partners, members or shareholders. Partners,
6members of limited liability companies and shareholders of tax-option corporations
7may claim the credit based on the partnership's, company's or corporation's activities
8in proportion to their ownership interest.
AB40, s. 1936
9Section
1936. 71.28 (1ds) (d) 1. of the statutes is amended to read:
AB40,817,1110
71.28
(1ds) (d) 1. A copy of the claimant's certification for tax benefits under
11s. 560.765 (3)
, 2009 stats.
AB40, s. 1937
12Section
1937. 71.28 (1ds) (i) of the statutes is amended to read:
AB40,817,2113
71.28
(1ds) (i) The development zones credit under this subsection, as it applies
14to a person certified under s. 560.765 (3),
2009 stats., applies to a corporation that
15conducts economic activity in a development opportunity zone under s. 560.795 (1)
,
162009 stats., and that is entitled to tax benefits under s. 560.795 (3),
2009 stats., 17subject to the limits under s. 560.795 (2)
, 2009 stats. A development opportunity
18zone credit under this paragraph may be calculated using expenses incurred by a
19claimant beginning on the effective date under s. 560.795 (2) (a)
, 2009 stats., of the
20development opportunity zone designation of the area in which the claimant
21conducts economic activity.
AB40, s. 1938
22Section
1938. 71.28 (1dx) (a) 2. of the statutes is amended to read:
AB40,818,323
71.28
(1dx) (a) 2. "Development zone" means a development zone under s.
24238.30 or s. 560.70,
2009 stats., a development opportunity zone under s.
238.395 or
25s. 560.795,
2009 stats., an enterprise development zone under s.
238.397 or s.
1560.797,
2009 stats., an agricultural development zone under s.
238.398 or s. 2560.798,
2009 stats., or an airport development zone under s.
238.3995 or s. 3560.7995
, 2009 stats.
AB40, s. 1939
4Section
1939. 71.28 (1dx) (a) 5. of the statutes is amended to read:
AB40,818,185
71.28
(1dx) (a) 5. "Member of a targeted group" means a person who resides
6in an area designated by the federal government as an economic revitalization area,
7a person who is employed in an unsubsidized job but meets the eligibility
8requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position,
9a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work,
10real pay project position under s. 49.147 (3m), a person who is eligible for child care
11assistance under s. 49.155, a person who is a vocational rehabilitation referral, an
12economically disadvantaged youth, an economically disadvantaged veteran, a
13supplemental security income recipient, a general assistance recipient, an
14economically disadvantaged ex-convict, a qualified summer youth employee, as
15defined in
26 USC 51 (d) (7), a dislocated worker, as defined in
29 USC 2801 (9), or
16a
food stamp recipient
of benefits under the supplemental nutrition assistance
17program under 7 USC 2011 to 2036, if the person has been certified in the manner
18under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.
AB40, s. 1940
19Section
1940. 71.28 (1dx) (b) (intro.) of the statutes is amended to read:
AB40,819,220
71.28
(1dx) (b)
Credit. (intro.) Except as provided in pars. (be) and (bg) and
21in s. 73.03 (35), and subject to s.
238.385 or s. 560.785,
2009 stats., for any taxable
22year for which the person is entitled under s.
238.395 (3) or s. 560.795 (3)
, 2009 stats., 23to claim tax benefits or certified under s.
238.365 (3), 238.397 (4), 238.398 (3), or
24238.3995 (4) or s. 560.765 (3),
2009 stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
12009 stats., or
s. 560.7995 (4),
2009 stats., any person may claim as a credit against
2the taxes otherwise due under this chapter the following amounts:
AB40, s. 1941
3Section
1941. 71.28 (1dx) (b) 2. of the statutes is amended to read:
AB40,819,84
71.28
(1dx) (b) 2. The amount determined by multiplying the amount
5determined under s.
238.385 (1) (b) or s. 560.785 (1) (b)
, 2009 stats., by the number
6of full-time jobs created in a development zone and filled by a member of a targeted
7group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the
8subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40, s. 1942
9Section
1942. 71.28 (1dx) (b) 3. of the statutes is amended to read:
AB40,819,1410
71.28
(1dx) (b) 3. The amount determined by multiplying the amount
11determined under s.
238.385 (1) (c) or s. 560.785 (1) (c)
, 2009 stats., by the number
12of full-time jobs created in a development zone and not filled by a member of a
13targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or
14the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40, s. 1943
15Section
1943. 71.28 (1dx) (b) 4. of the statutes is amended to read:
AB40,819,2316
71.28
(1dx) (b) 4. The amount determined by multiplying the amount
17determined under s.
238.385 (1) (bm) or s. 560.785 (1) (bm)
, 2009 stats., by the
18number of full-time jobs retained, as provided in the rules under s.
238.385 or s. 19560.785,
2009 stats., excluding jobs for which a credit has been claimed under sub.
20(1dj), in an enterprise development zone under s.
238.397 or s. 560.797
, 2009 stats., 21and for which significant capital investment was made and by then subtracting the
22subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid
23under s. 49.147 (3m) (c) for those jobs.
AB40, s. 1944
24Section
1944. 71.28 (1dx) (b) 5. of the statutes is amended to read:
AB40,820,7
171.28
(1dx) (b) 5. 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 retained, as provided in the rules under s.
238.385 or s. 560.785,
42009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in
5a development zone and not filled by a member of a targeted group and by then
6subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and
7reimbursements paid under s. 49.147 (3m) (c) for those jobs.
AB40, s. 1945
8Section
1945. 71.28 (1dx) (be) of the statutes is amended to read:
AB40,820,149
71.28
(1dx) (be)
Offset. A claimant in a development zone under s.
238.395
10(1) (e) or s. 560.795 (1) (e)
, 2009 stats., may offset any credits claimed under this
11subsection, including any credits carried over, against the amount of the tax
12otherwise due under this subchapter attributable to all of the claimant's income and
13against the tax attributable to income from directly related business operations of
14the claimant.
AB40, s. 1946
15Section
1946. 71.28 (1dx) (bg) of the statutes is amended to read:
AB40,821,216
71.28
(1dx) (bg)
Other entities. For claimants in a development zone under s.
17238.395 (1) (e) or s. 560.795 (1) (e),
2009 stats., partnerships, limited liability
18companies, and tax-option corporations may not claim the credit under this
19subsection, but the eligibility for, and amount of, that credit shall be determined on
20the basis of their economic activity, not that of their shareholders, partners, or
21members. The corporation, partnership, or company shall compute the amount of
22the credit that may be claimed by each of its shareholders, partners, or members and
23shall provide that information to each of its shareholders, partners, or members.
24Partners, members of limited liability companies, and shareholders of tax-option
25corporations may claim the credit based on the partnership's, company's, or
1corporation's activities in proportion to their ownership interest and may offset it
2against the tax attributable to their income.
AB40, s. 1947
3Section
1947. 71.28 (1dx) (c) of the statutes is amended to read:
AB40,821,154
71.28
(1dx) (c)
Credit precluded. If the certification of a person for tax benefits
5under s.
238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009
6stats., s. 560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009
7stats., is revoked, or if the person becomes ineligible for tax benefits under s.
238.395
8(3) or s. 560.795 (3),
2009 stats., that person 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 person becomes
11ineligible for tax benefits; or succeeding taxable years and that person may not carry
12over unused credits from previous years to offset tax under this chapter for the
13taxable year that includes the day on which certification is revoked; the taxable year
14that includes the day on which the person becomes ineligible for tax benefits; or
15succeeding taxable years.
AB40, s. 1948
16Section
1948. 71.28 (1dx) (d) of the statutes is amended to read:
AB40,821,2417
71.28
(1dx) (d)
Carry-over precluded. If a person who is entitled under s.
18238.395 (3) or s. 560.795 (3)
, 2009 stats., to claim tax benefits or certified under s.
19238.365 (3), 238.397 (4), 238.398 (3), or 238.3995 (4) or s. 560.765 (3),
2009 stats., s. 20560.797 (4),
2009 stats., s. 560.798 (3),
2009 stats., or
s. 560.7995 (4)
, 2009 stats., for
21tax benefits ceases business operations in the development zone during any of the
22taxable years that that zone exists, that person may not carry over to any taxable
23year following the year during which operations cease any unused credits from the
24taxable year during which operations cease or from previous taxable years.
AB40, s. 1949
25Section
1949. 71.28 (1dy) (a) of the statutes is amended to read:
AB40,822,4
171.28
(1dy) (a)
Definition. In this subsection, "claimant" means a person who
2files a claim under this subsection and is certified under s.
238.301 (2) or s. 560.701
3(2)
, 2009 stats., and authorized to claim tax benefits under s.
238.303 or s. 560.703
,
42009 stats.
AB40, s. 1950
5Section
1950. 71.28 (1dy) (b) of the statutes is amended to read:
AB40,822,106
71.28
(1dy) (b)
Filing claims. Subject to the limitations under this subsection
7and ss.
238.301 to 238.306 or s. 560.701 to 560.706,
2009 stats., for taxable years
8beginning after December 31, 2008, a claimant may claim as a credit against the tax
9imposed under s. 71.23, up to the amount of the tax, the amount authorized for the
10claimant under s.
238.303 or s. 560.703
, 2009 stats.
AB40, s. 1951
11Section
1951. 71.28 (1dy) (c) 1. of the statutes is amended to read:
AB40,822,1512
71.28
(1dy) (c) 1. No credit may be allowed under this subsection unless the
13claimant includes with the claimant's return a copy of the claimant's certification
14under s.
238.301 (2) or s. 560.701 (2)
, 2009 stats., and a copy of the claimant's notice
15of eligibility to receive tax benefits under s.
238.303 (3) or s. 560.703 (3)
, 2009 stats.
AB40, s. 1952
16Section
1952. 71.28 (1dy) (c) 2. of the statutes is amended to read:
AB40,822,2517
71.28
(1dy) (c) 2. Partnerships, limited liability companies, and tax-option
18corporations may not claim the credit under this subsection, but the eligibility for,
19and the amount of, the credit are based on their authorization to claim tax benefits
20under s.
238.303 or s. 560.703
, 2009 stats. A partnership, limited liability company,
21or tax-option corporation shall compute the amount of credit that each of its
22partners, members, or shareholders may claim and shall provide that information
23to each of them. Partners, members of limited liability companies, and shareholders
24of tax-option corporations may claim the credit in proportion to their ownership
25interests.
AB40, s. 1953
1Section
1953. 71.28 (1dy) (d) 2. of the statutes is amended to read:
AB40,823,112
71.28
(1dy) (d) 2. If a claimant's certification is revoked under s.
238.305 or s. 3560.705,
2009 stats., or if a claimant becomes ineligible for tax benefits under s.
4238.302 or s. 560.702,
2009 stats., the claimant may not claim credits under this
5subsection for the taxable year that includes the day on which the certification is
6revoked; the taxable year that includes the day on which the claimant becomes
7ineligible for tax benefits; or succeeding taxable years and the claimant may not
8carry over unused credits from previous years to offset the tax imposed under s. 71.23
9for the taxable year that includes the day on which certification is revoked; the
10taxable year that includes the day on which the claimant becomes ineligible for tax
11benefits; or succeeding taxable years.
AB40, s. 1954
12Section
1954. 71.28 (3g) (a) (intro.) of the statutes is amended to read:
AB40,823,1713
71.28
(3g) (a) (intro.) Subject to the limitations under this subsection and ss.
1473.03 (35m)
and 238.23 and
s. 560.96,
2009 stats., a business that is certified under
15s.
238.23 (3) or s. 560.96 (3)
, 2009 stats., may claim as a credit against the taxes
16imposed under s. 71.23 an amount equal to the sum of the following, as established
17under s.
238.23 (3) (c) or s. 560.96 (3) (c)
, 2009 stats.:
AB40, s. 1955
18Section
1955. 71.28 (3g) (b) of the statutes is amended to read:
AB40,823,2119
71.28
(3g) (b) The department of revenue shall notify the department of
20commerce
or the Wisconsin Economic Development Corporation of all claims under
21this subsection.
AB40, s. 1956
22Section
1956. 71.28 (3g) (e) 2. of the statutes is amended to read:
AB40,824,223
71.28
(3g) (e) 2. The investments that relate to the amount described under par.
24(a) 2. for which a claimant makes a claim under this subsection must be retained for
1use in the technology zone for the period during which the claimant's business is
2certified under s.
238.23 (3) or s. 560.96 (3)
, 2009 stats.
AB40, s. 1957
3Section
1957. 71.28 (3g) (f) 1. of the statutes is amended to read: