Amendment ASA1-AB40

AB40-ASA1,783,14 71.28 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1,1390 Section 1390. 71.28 (1dx) (b) 5. of the statutes is amended to read:

AB40-ASA1,783,22 71.28 (1dx) (b) 5. The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under sub. (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1,1390b Section 1390b. 71.28 (3h) (b) of the statutes is amended to read:

AB40-ASA1,784,5 71.28 (3h) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2011, and before January 1, 2015 2014, for a claimant who produces at least 2,500,000 gallons of biodiesel fuel in this state in the taxable year, a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of the tax, an amount that is equal to the number of gallons of biodiesel fuel produced by the claimant in this state in the taxable year multiplied by 10 cents.

AB40-ASA1,1390c Section 1390c. 71.28 (3h) (d) of the statutes is renumbered 71.28 (3h) (d) 1.

AB40-ASA1,1390d Section 1390d. 71.28 (3h) (d) 2. of the statutes is created to read:

AB40-ASA1,784,11 71.28 (3h) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1390e Section 1390e. 71.28 (3n) (a) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,784,18 71.28 (3n) (a) 2. (intro.) "Dairy farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or acquiring equipment, for dairy animal housing, confinement, animal feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals and if acquired and placed in service in this state during taxable years that begin after December 31, 2003, and before January 1, 2017 2014:

AB40-ASA1,1390f Section 1390f. 71.28 (3n) (a) 5. (intro.) of the statutes is amended to read:

AB40-ASA1,784,25 71.28 (3n) (a) 5. (intro.) "Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for livestock housing, confinement, feeding, or waste management, including the following, if used exclusively related to livestock and if acquired and placed in service in this state during taxable years that begin after December 31, 2005, and before January 1, 2017 2014:

AB40-ASA1,1390g Section 1390g. 71.28 (3n) (a) 6. b. of the statutes is amended to read:

AB40-ASA1,785,5 71.28 (3n) (a) 6. b. For taxable years that begin after December 31, 2005, and before January 1, 2017 2014, "used exclusively," related to livestock, dairy animals, or both, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

AB40-ASA1,1390h Section 1390h. 71.28 (3n) (b) 1. of the statutes is amended to read:

AB40-ASA1,785,11 71.28 (3n) (b) 1. Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2003, and before January 1, 2017 2014, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 10% of the amount the claimant paid in the taxable year for dairy farm modernization or expansion related to the operation of the claimant's dairy farm.

AB40-ASA1,1390i Section 1390i. 71.28 (3n) (b) 2. of the statutes is amended to read:

AB40-ASA1,785,18 71.28 (3n) (b) 2. Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2005, and before January 1, 2017 2014, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 10 percent of the amount the claimant paid in the taxable year for livestock farm modernization or expansion related to the operation of the claimant's livestock farm.

AB40-ASA1,1390j Section 1390j. 71.28 (3n) (g) of the statutes is created to read:

AB40-ASA1,785,23 71.28 (3n) (g) No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1390k Section 1390k. 71.28 (3p) (a) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,786,8 71.28 (3p) (a) 3. (intro.) "Dairy manufacturing modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for dairy manufacturing, including the following, if used exclusively for dairy manufacturing and if acquired and placed in service in this state during taxable years that begin after December 31, 2006, and before January 1, 2015 2014, or, in the case of dairy cooperatives, if acquired and placed in service in this state during taxable years that begin after December 31, 2008, and before January 1, 2017 2014:

AB40-ASA1,1390L Section 1390L. 71.28 (3p) (b) of the statutes is amended to read:

AB40-ASA1,786,16 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 2014, 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.

AB40-ASA1,1390m Section 1390m. 71.28 (3p) (c) 5. of the statutes is amended to read:

AB40-ASA1,787,2 71.28 (3p) (c) 5. A claimant who is a member of a dairy cooperative may claim the credit in the year after the year in which the dairy manufacturing modernization or expansion occurs, based on amounts described under par. (b) that are paid by the dairy cooperative, for taxable years beginning after December 31, 2008, and before January 1, 2018 2014. The amount of the credits computed and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) shall be added to a claimant's income in the year in which the cooperative member is allowed to claim the credit.

AB40-ASA1,1390n Section 1390n. 71.28 (3p) (d) 4. of the statutes is created to read:

AB40-ASA1,787,5 71.28 (3p) (d) 4. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1390p Section 1390p. 71.28 (3r) (a) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,787,11 71.28 (3r) (a) 3. (intro.) "Meat processing modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for meat processing, including the following, if used exclusively for meat processing and if acquired and placed in service in this state during taxable years that begin after December 31, 2008, and before January 1, 2017 2014:

AB40-ASA1,1390q Section 1390q. 71.28 (3r) (b) of the statutes is amended to read:

AB40-ASA1,787,19 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 2014, 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.

AB40-ASA1,1390r Section 1390r. 71.28 (3r) (d) 3. of the statutes is created to read:

AB40-ASA1,787,22 71.28 (3r) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1390rd Section 1390rd. 71.28 (3rm) (b) of the statutes is amended to read:

AB40-ASA1,788,5 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 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 equipment that is used primarily to harvest or process woody biomass that is used as fuel or as a component of fuel.

AB40-ASA1,1390rf Section 1390rf. 71.28 (3rm) (d) 3. of the statutes is created to read:

AB40-ASA1,788,8 71.28 (3rm) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2014.

AB40-ASA1,1390s Section 1390s. 71.28 (3rn) (a) 4. (intro.) of the statutes is amended to read:

AB40-ASA1,788,15 71.28 (3rn) (a) 4. (intro.) "Food processing plant or food warehouse modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for food processing or food warehousing, including the following, if used exclusively for food processing or food warehousing and if acquired and placed in service in this state during taxable years that begin after December 31, 2009, and before January 1, 2017 2014:

AB40-ASA1,1390t Section 1390t. 71.28 (3rn) (b) of the statutes is amended to read:

AB40-ASA1,788,23 71.28 (3rn) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.54 or s. 560.2056, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2017 2014, 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.

AB40-ASA1,1390u Section 1390u. 71.28 (3rn) (d) 3. of the statutes is created to read:

AB40-ASA1,789,2 71.28 (3rn) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1391 Section 1391. 71.28 (3w) (b) 1. a. of the statutes is amended to read:

AB40-ASA1,789,12 71.28 (3w) (b) 1. a. The number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the area that comprises the enterprise zone in the base year.

AB40-ASA1,1392 Section 1392. 71.28 (3w) (b) 1. b. of the statutes is amended to read:

AB40-ASA1,789,22 71.28 (3w) (b) 1. b. The number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the base year.

AB40-ASA1,1393 Section 1393. 71.28 (3w) (b) 2. of the statutes is amended to read:

AB40-ASA1,790,8 71.28 (3w) (b) 2. Determine the claimant's average zone payroll by dividing total wages for full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year.

AB40-ASA1,1394 Section 1394. 71.28 (3w) (b) 3. of the statutes is amended to read:

AB40-ASA1,790,14 71.28 (3w) (b) 3. For employees in a tier I county or municipality, subtract $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage from the amount determined under subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under subd. 2.

AB40-ASA1,1395 Section 1395. 71.28 (3w) (bm) 2. of the statutes is amended to read:

AB40-ASA1,791,4 71.28 (3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and 4., and 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 equal to the percentage, as determined under s. 238.399 or s. 560.799, 2009 stats., not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB40-ASA1,1395am Section 1395am. 71.28 (4) (i) of the statutes is amended to read:

AB40-ASA1,791,12 71.28 (4) (i) Nonclaimants. The Except as provided in par. (j), the credits under this subsection may not be claimed by a partnership, except a publicly traded partnership treated as a corporation under s. 71.22 (1k), limited liability company, except a limited liability company treated as a corporation under s. 71.22 (1k), or tax-option corporation or by partners, including partners of a publicly traded partnership, members of a limited liability company or shareholders of a tax-option corporation.

AB40-ASA1,1395ar Section 1395ar. 71.28 (4) (j) of the statutes is created to read:

AB40-ASA1,791,21 71.28 (4) (j) Pass-through entities. 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 payment of amounts under par. (ad). 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.

AB40-ASA1,1395b Section 1395b. 71.28 (4m) (d) 3. of the statutes is created to read:

AB40-ASA1,792,2 71.28 (4m) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1395bb Section 1395bb. 71.28 (5) (ad) 1. of the statutes is amended to read:

AB40-ASA1,792,11 71.28 (5) (ad) 1. Except as provided in subds. 2. and 3., for taxable year 1986 and subsequent for taxable years that begin before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1395bc Section 1395bc. 71.28 (5) (ad) 2. of the statutes is amended to read:

AB40-ASA1,792,24 71.28 (5) (ad) 2. For taxable years beginning after June 30, 2007, and before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses paid or incurred by the claimant for research related to designing internal combustion engines for vehicles, including expenses related to designing vehicles that are powered by such engines and improving production processes for such engines and vehicles. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1395bd Section 1395bd. 71.28 (5) (ad) 3. of the statutes is amended to read:

AB40-ASA1,793,12 71.28 (5) (ad) 3. For taxable years beginning after June 30, 2007, and before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses paid or incurred by the claimant for research related to the design and manufacturing of energy efficient lighting systems, building automation and control systems, or automotive batteries for use in hybrid-electric vehicles, that reduce the demand for natural gas or electricity or improve the efficiency of its use. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1395be Section 1395be. 71.28 (5) (c) of the statutes is created to read:

AB40-ASA1,793,17 71.28 (5) (c) Sunset. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1395c Section 1395c. 71.28 (5e) (d) of the statutes is renumbered 71.28 (5e) (d) 1.

AB40-ASA1,1395d Section 1395d. 71.28 (5e) (d) 2. of the statutes is created to read:

AB40-ASA1,793,23 71.28 (5e) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1395e Section 1395e. 71.28 (5f) (d) 3. of the statutes is created to read:

AB40-ASA1,794,2 71.28 (5f) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1395eh Section 1395eh. 71.28 (5g) (a) of the statutes is amended to read:

AB40-ASA1,794,5 71.28 (5g) (a) Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10 (5), 2011 stats., who files a claim under this subsection.

AB40-ASA1,1395em Section 1395em. 71.28 (5g) (b) of the statutes is amended to read:

AB40-ASA1,794,12 71.28 (5g) (b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after December 31, 2005, and before January 1, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.23 an amount that is equal to the amount of assessment under s. 149.13 , 2011 stats., that the claimant paid in the claimant's taxable year, multiplied by the percentage determined under par. (c) 1.

AB40-ASA1,1395es Section 1395es. 71.28 (5g) (c) 1. of the statutes is amended to read:

AB40-ASA1,794,23 71.28 (5g) (c) 1. The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under par. (b) for each claimant for each taxable year. The percentage shall be equal to $5,000,000 divided by the aggregate assessment under s. 149.13, 2011 stats. The office of the commissioner of insurance shall provide to each claimant that participates in the cost of administering the plan the aggregate assessment at the time that it notifies the claimant of the claimant's assessment. The aggregate amount of the credit under this subsection and ss. 71.07 (5g), 71.47 (5g), and 76.655 for all claimants participating in the cost of administering the plan under ch. 149, 2011 stats., shall not exceed $5,000,000 in each fiscal year.

AB40-ASA1,1395f Section 1395f. 71.28 (5g) (d) of the statutes is renumbered 71.28 (5g) (d) 1.

AB40-ASA1,1395g Section 1395g. 71.28 (5g) (d) 2. of the statutes is created to read:

AB40-ASA1,795,4 71.28 (5g) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1395h Section 1395h. 71.28 (5h) (d) 3. of the statutes is created to read:

AB40-ASA1,795,7 71.28 (5h) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1396 Section 1396. 71.28 (5i) (b) of the statutes is amended to read:

AB40-ASA1,795,15 71.28 (5i) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2011, and before January 1, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in s. 146.81 (1) (a) to (p).

AB40-ASA1,1396b Section 1396b. 71.28 (5j) (b) of the statutes is amended to read:

AB40-ASA1,796,2 71.28 (5j) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018 2014, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.

AB40-ASA1,1396d Section 1396d. 71.28 (5j) (d) of the statutes is renumbered 71.28 (5j) (d) 1.