SE1 SB17: Bill Text

SB17,11,15 1. If the withdrawal occurs during the first year after the date on which the insurer made the qualified investment, 100 percent.

SB17,11,17 2. If the withdrawal occurs during the 2nd year after the date on which the insurer made the qualified investment, 75 percent.

SB17,11,19 3. If the withdrawal occurs during the 3rd year after the date on which the insurer made the qualified investment, 50 percent.

SB17,11,21 4. If the withdrawal occurs during the 4th year after the date on which the insurer made the qualified investment, 25 percent.

SB17,11,23 5. If the withdrawal occurs during the 5th year after the date on which the insurer made the qualified investment, 10 percent.

SB17,12,7 (b) An insurer who makes an investment in a community development financial institution in a taxable year, withdraws the investment in that taxable year, and immediately reinvests the proceeds into another community development financial institution may claim only one credit under this section for that taxable year, based on the lesser of all such investments in that taxable year. Investments in a community development financial institution made before the effective date of this paragraph .... [LRB inserts date], may not be withdrawn prior to the end of their contractual term and reinvested in a community development financial institution in order to claim a credit under this section.

SB17, s. 13 Section 13. 76.67 (2) of the statutes is amended to read:

SB17,12,18 76.67 (2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credits under ss. 76.634, 76.635, 76.636, 76.637, 76.638, and 76.655, except that the amount imposed shall not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under s. 76.62, less offsets allowed under s. 646.51 (7) or under ss. 76.634, 76.635, 76.636, 76.637, 76.638, and 76.655 against that total, and except that the amount imposed shall not be less than the amount due under s. 601.93.

SB17, s. 14 Section 14. 77.92 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB17,13,11 77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm), and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

SB17, s. 15 Section 15. 238.17 of the statutes is created to read:

SB17,13,14 238.17 Certification of investments in community development financial institutions. (1) Definitions. In this section:

SB17,13,16 (a) "Community development financial institution" means an entity that satisfies all of the following:

SB17,13,19 1. The entity is certified by the fund under 12 CFR 1805.201 as meeting the eligibility requirements for a community development financial institution under 12 CFR 1805.200 and 1805.201 (b).

SB17,13,20 2. The entity is organized under the laws of this state.

SB17,13,22 3. The entity uses qualified investments for which a person may be certified for tax credits under sub. (2) (a) for projects that are based in this state.

SB17,13,24 (b) "Fund" means the Community Development Financial Institutions Fund established under 12 USC 4703 (a).

SB17,14,3 (c) 1. Subject to subd. 2., "qualified investment" means a deposit or loan that pays no interest to the person who made the deposit or loan, if the deposit or loan has a value of at least $10,000 and is made for a period of at least 60 months.

SB17,14,10 2. A community development financial institution that receives an investment described under subd. 1. shall have complete control over the entire investment amount, including any interest earned on the investment, for the duration of the investment period, but the investment may be subject to any additional terms and conditions of the investment agreement between the community development financial institution and the investor which are not inconsistent with the requirements of this section.

SB17,14,16 (2) Certification; registration and reporting required. (a) Subject to the limits under sub. (4), the corporation may certify a person under this section to claim tax credits under s. 71.07 (5p), 71.28 (5p), 71.47 (5p), or 76.634 if the person applies to the corporation on a form prepared by the corporation and submits evidence satisfactory to the corporation that the person has made a qualified investment in a community development financial institution that is registered under par. (b).

SB17,14,23 (b) 1. The corporation may register a community development financial institution if the community development financial institution applies to the corporation on a form prepared by the corporation. The corporation may revoke the registration of a community development financial institution if the entity no longer meets the eligibility requirements for certification as a community development financial institution by the fund or fails to comply with the requirements of this paragraph.

SB17,15,4 2. A community development financial institution registered under this section shall annually, within 90 days after the last day of the preceding calendar year, submit a report containing financial statements of the community development financial institution, prepared according to generally accepted accounting principles and including all of the following information for the preceding calendar year, to the corporation:

SB17,15,6 a. The material events certification form required by the U.S. department of the treasury.

SB17,15,9 b. Certification, in the form and manner prescribed by the corporation, that the community development financial institution satisfies the criteria under sub. (1) (a) 1. to 3.

SB17,15,10 c. Any other information the corporation considers relevant.

SB17,15,13 (3) Eligibility. (a) Except as provided in par. (b), a person certified under sub. (2) (a) is eligible to claim tax credits under s. 71.07 (5p), 71.28 (5p), 71.47 (5p), or 76.634.

SB17,15,20 (b) If the registration of a community development financial institution in which a person certified under sub. (2) (a) has made a qualified investment is revoked by the corporation, and not reinstated by the corporation within 120 days following the revocation, or if the entity fails to meet the eligibility requirements for more than 120 consecutive days for certification as a community development financial institution by the fund, the person certified under sub. (2) (a) may do any of the following:

SB17,15,22 1. Subject to s. 71.07 (5p) (c) 2., 71.28 (5p) (c) 2., 71.47 (5p) (c) 2., or 76.634 (4) (a), withdraw the qualified investment.

SB17,15,25 2. Immediately reinvest the proceeds of the qualified investment as a qualified investment in another community development financial institution for the duration of the investment period.

SB17,16,2 (4) Limits. No more than $1,000,000 in tax benefits may be claimed under this section in any calendar year.

SB17,16,3 (5) Duties of the corporation. The corporation shall do all of the following:

SB17,16,8 (a) Notify the department of revenue of every certification issued under sub. (2) (a) and include the dates on which any such certification is granted and the date on which the applicant may withdraw a qualified investment made in a community development financial institution, which date shall be no earlier than the first day of the 61st month after the qualified investment was made.

SB17,16,13 (b) Provide to each applicant for certification under sub. (2) (a) a dated written notice indicating the corporation's decision to grant or deny certification. If certification is granted, the notice shall include the date on which the applicant may withdraw the qualified investment, which date shall be no earlier than the first day of the 61st month after the qualified investment was made.

SB17,16,15 (c) Notify the department of revenue of each community development financial institution registered under sub. (2) (b).

SB17,16,18 (d) Determine whether to certify persons to claim tax credits under ss. 71.07 (5p), 71.28 (5p), 71.47 (5p), and 76.634 for taxable years beginning after December 31, 2013, and to notify the department of revenue of that determination.

SB17,16,19 (e) Adopt rules to administer this section.

SB17,16,20 (End)