AB40-ASA1,829,1714
71.47
(5) (c)
Sunset. No credit may be claimed under this subsection for taxable
15years beginning after December 31, 2013. Credits under this subsection for taxable
16years that begin before January 1, 2014, may be carried forward to taxable years that
17begin after December 31, 2013.
AB40-ASA1,1431c
18Section 1431c. 71.47 (5e) (d) of the statutes is renumbered 71.47 (5e) (d) 1.
AB40-ASA1,1431d
19Section 1431d. 71.47 (5e) (d) 2. of the statutes is created to read:
AB40-ASA1,829,2320
71.47
(5e) (d) 2. No credit may be claimed under this subsection for taxable
21years beginning after December 31, 2013. Credits under this subsection for taxable
22years that begin before January 1, 2014, may be carried forward to taxable years that
23begin after December 31, 2013.
AB40-ASA1,1431e
24Section 1431e. 71.47 (5f) (d) 3. of the statutes is created to read:
AB40-ASA1,830,2
171.47
(5f) (d) 3. No credit may be claimed under this subsection for taxable
2years beginning after December 31, 2013.
AB40-ASA1,1431eg
3Section 1431eg. 71.47 (5g) (a) of the statutes is amended to read:
AB40-ASA1,830,54
71.47
(5g) (a)
Definitions. In this subsection, "claimant" means an insurer, as
5defined in s. 149.10 (5),
2011 stats., who files a claim under this subsection.
AB40-ASA1,1431em
6Section 1431em. 71.47 (5g) (b) of the statutes is amended to read:
AB40-ASA1,830,127
71.47
(5g) (b)
Filing claims. Subject to the limitations provided under this
8subsection, for taxable years beginning after December 31, 2005,
and before January
91, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.43
10an amount that is equal to the amount of assessment under s. 149.13
, 2011 stats., 11that the claimant paid in the claimant's taxable year, multiplied by the percentage
12determined under par. (c) 1.
AB40-ASA1,1431es
13Section 1431es. 71.47 (5g) (c) 1. of the statutes is amended to read:
AB40-ASA1,830,2314
71.47
(5g) (c) 1. The department of revenue, in consultation with the office of
15the commissioner of insurance, shall determine the percentage under par. (b) for
16each claimant for each taxable year. The percentage shall be equal to $5,000,000
17divided by the aggregate assessment under s. 149.13
, 2011 stats. The office of the
18commissioner of insurance shall provide to each claimant that participates in the
19cost of administering the plan the aggregate assessment at the time that it notifies
20the claimant of the claimant's assessment. The aggregate amount of the credit under
21this subsection and ss. 71.07 (5g), 71.28 (5g), and 76.655 for all claimants
22participating in the cost of administering the plan under ch. 149
, 2011 stats., shall
23not exceed $5,000,000 in each fiscal year.
AB40-ASA1,1431f
24Section 1431f. 71.47 (5g) (d) of the statutes is renumbered 71.47 (5g) (d) 1.
AB40-ASA1,1431g
25Section 1431g. 71.47 (5g) (d) 2. of the statutes is created to read:
AB40-ASA1,831,4
171.47
(5g) (d) 2. No credit may be claimed under this subsection for taxable
2years beginning after December 31, 2013. Credits under this subsection for taxable
3years that begin before January 1, 2014, may be carried forward to taxable years that
4begin after December 31, 2013.
AB40-ASA1,1431h
5Section 1431h. 71.47 (5h) (d) 3. of the statutes is created to read:
AB40-ASA1,831,76
71.47
(5h) (d) 3. No credit may be claimed under this subsection for taxable
7years beginning after December 31, 2013.
AB40-ASA1,1432
8Section
1432. 71.47 (5i) (b) of the statutes is amended to read:
AB40-ASA1,831,159
71.47
(5i) (b)
Filing claims. Subject to the limitations provided in this
10subsection, for taxable years beginning after December 31, 2011,
and before January
111, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.43,
12up to the amount of those taxes, an amount equal to 50 percent of the amount the
13claimant paid in the taxable year for information technology hardware or software
14that is used to maintain medical records in electronic form, if the claimant is a health
15care provider, as defined in s. 146.81 (1) (a) to (p).
AB40-ASA1,1432b
16Section 1432b. 71.47 (5j) (b) of the statutes is amended to read:
AB40-ASA1,832,217
71.47
(5j) (b)
Filing claims. Subject to the limitations provided in this
18subsection, for taxable years beginning after December 31, 2007, and before January
191,
2018 2014, a claimant may claim as a credit against the taxes imposed under s.
2071.43, up to the amount of the taxes, an amount that is equal to 25 percent of the
21amount that the claimant paid in the taxable year to install or retrofit pumps located
22in this state that dispense motor vehicle fuel marketed as gasoline and 85 percent
23ethanol or a higher percentage of ethanol or motor vehicle fuel marketed as diesel
24fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and
1allow the end user to choose the percentage of gasoline replacement renewable fuel
2or diesel replacement renewable fuel in the motor vehicle fuel dispensed.
AB40-ASA1,1432d
3Section 1432d. 71.47 (5j) (d) of the statutes is renumbered 71.47 (5j) (d) 1.
AB40-ASA1,1432e
4Section 1432e. 71.47 (5j) (d) 2. of the statutes is created to read:
AB40-ASA1,832,85
71.47
(5j) (d) 2. No credit may be claimed under this subsection for taxable
6years beginning after December 31, 2013. Credits under this subsection for taxable
7years that begin before January 1, 2014, may be carried forward to taxable years that
8begin after December 31, 2013.
AB40-ASA1,1434b
9Section 1434b. 71.47 (5r) (d) of the statutes is renumbered 71.47 (5r) (d) 1.
AB40-ASA1,1434c
10Section 1434c. 71.47 (5r) (d) 2. of the statutes is created to read:
AB40-ASA1,832,1411
71.47
(5r) (d) 2. No credit may be claimed under this subsection for taxable
12years beginning after December 31, 2013. Credits under this subsection for taxable
13years that begin before January 1, 2014, may be carried forward to taxable years that
14begin after December 31, 2013.
AB40-ASA1,1434d
15Section 1434d. 71.47 (5rm) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,832,2116
71.47
(5rm) (b)
Filing claims. (intro.) Subject to the limitations provided in
17this subsection, for taxable years beginning after December 31, 2009, and before
18January 1,
2020 2014, a claimant may claim as a credit against the tax imposed
19under s. 71.43, up to the amount of the tax, the amount determined as follows, except
20that the maximum amount that a claimant may claim in a taxable year under this
21subsection is $300,000:
AB40-ASA1,1434e
22Section 1434e. 71.47 (5rm) (d) of the statutes is renumbered 71.47 (5rm) (d)
231.
AB40-ASA1,1434f
24Section 1434f. 71.47 (5rm) (d) 2. of the statutes is created to read:
AB40-ASA1,833,4
171.47
(5rm) (d) 2. No credit may be claimed under this subsection for taxable
2years beginning after December 31, 2013. Credits under this subsection for taxable
3years that begin before January 1, 2014, may be carried forward to taxable years that
4begin after December 31, 2013.
AB40-ASA1,1434fg
5Section 1434fg. 71.47 (6) (a) of the statutes is renumbered 71.47 (6) (a) (intro.)
6and amended to read:
AB40-ASA1,833,137
71.47
(6) (a) (intro.) Any person may credit against taxes otherwise due under
8this chapter, up to the amount of those taxes, an amount equal to
5% one of the
9following percentages of the costs of qualified rehabilitation expenditures, as defined
10in section 47 (c) (2) of the
internal revenue code
Internal Revenue Code, for certified
11historic structures on property located in this state if the physical work of
12construction or destruction in preparation for construction begins after December
1331, 1988, and the rehabilitated property is placed in service after June 30, 1989
.:
AB40-ASA1,1434fm
14Section 1434fm. 71.47 (6) (a) 1. of the statutes is created to read:
AB40-ASA1,833,1515
71.47
(6) (a) 1. For taxable years beginning before January 1, 2013, 5 percent.
AB40-ASA1,1434fs
16Section 1434fs. 71.47 (6) (a) 2. of the statutes is created to read:
AB40-ASA1,833,1817
71.47
(6) (a) 2. For taxable years beginning after December 31, 2012, 10
18percent.
AB40-ASA1,1434g
19Section 1434g. 71.47 (6n) (d) of the statutes is renumbered 71.47 (6n) (d) 1.
AB40-ASA1,1434h
20Section 1434h. 71.47 (6n) (d) 2. of the statutes is created to read:
AB40-ASA1,833,2421
71.47
(6n) (d) 2. No credit may be claimed under this subsection for taxable
22years beginning after December 31, 2012. Credits under this subsection for taxable
23years that begin before January 1, 2013, may be carried forward to taxable years that
24begin after December 31, 2012.
AB40-ASA1,1434i
25Section 1434i. 71.47 (8r) (d) of the statutes is renumbered 71.47 (8r) (d) 1.
AB40-ASA1,1434j
1Section 1434j. 71.47 (8r) (d) 2. of the statutes is created to read:
AB40-ASA1,834,32
71.47
(8r) (d) 2. No credit may be claimed under this subsection for taxable
3years beginning after December 31, 2013.
AB40-ASA1,1434k
4Section 1434k. 71.47 (9s) (b) of the statutes is amended to read:
AB40-ASA1,834,125
71.47
(9s) (b)
Filing claims. Subject to the limitations provided under this
6subsection, for taxable years beginning after December 31, 2010,
and before January
71, 2014, for 2 consecutive taxable years beginning with the taxable year in which the
8claimant's business locates to this state from another state or another country and
9begins doing business in this state, a claimant may claim as a credit against the taxes
10imposed under s. 71.43, up to the amount of the taxes, the amount of the claimant's
11tax liability under this subchapter after applying all other allowable credits,
12deductions, and exclusions.
AB40-ASA1,1434L
13Section 1434L. 71.47 (9s) (d) 3. of the statutes is created to read:
AB40-ASA1,834,1714
71.47
(9s) (d) 3. No credit may be claimed under this subsection for taxable
15years beginning after December 31, 2013. Credits under this subsection for taxable
16years that begin before January 1, 2014, may be carried forward to taxable years that
17begin after December 31, 2013.
AB40-ASA1,1434t
18Section 1434t. 71.61 (6) of the statutes is amended to read:
AB40-ASA1,834,2519
71.61
(6) Prohibition of new claims. For taxable years beginning after
20December 31, 2009, no new claims for a credit may be filed under ss. 71.57 to 71.61,
21but if an otherwise eligible claimant is subject to a farmland preservation agreement,
22as defined in s. 91.01 (7), 2007 stats., that is in effect on July 1, 2010, the claimant
23may continue to file a claim for the credit under ss. 71.57 to 71.61 until the farmland
24preservation agreement expires, except that no claimant who files a claim under ss.
2571.57 to 71.61 may file a claim under s. 71.613
or apply for a grant under s. 91.90.
AB40-ASA1,1435c
1Section 1435c. 71.613 (3) (f) of the statutes is amended to read:
AB40-ASA1,835,62
71.613
(3) (f) The maximum amount of the credits that may be claimed under
3this section in
any the 2011-2012 fiscal year
and the 2012-2013 fiscal year is
4$27,007,200. If the total amount of eligible claims exceed this amount, the excess
5claims shall be paid in the next succeeding fiscal year to ensure that the limit
6specified in this paragraph is not exceeded.
AB40-ASA1,1437c
7Section 1437c. 71.613 (3) (g) of the statutes is amended to read:
AB40-ASA1,835,128
71.613
(3) (g) For the 2011-2012 fiscal year, and for
every succeeding the
92012-2013 fiscal year, the department shall prorate the per acre amounts specified
10in sub. (2) based on the department's estimated amount of eligible claims that will
11be filed for that fiscal year, and to account for any excess claims from the preceding
12fiscal year that are required to be paid under par. (f).
AB40-ASA1,1437e
13Section 1437e. 71.613 (5) of the statutes is created to read:
AB40-ASA1,835,2014
71.613
(5) Prohibition of new claims. For taxable years beginning after
15December 31, 2013, no new claims for a credit may be filed under this section. If an
16otherwise eligible claimant is subject to a farmland preservation agreement that is
17entered into after July 1, 2009, and before the effective date of this subsection ....
18[LRB inserts date], the claimant may continue to claim the benefit for the credit that
19the claimant would otherwise be eligible for under this section, until the farmland
20preservation agreement expires, by filing a claim for a grant under s. 91.90.
AB40-ASA1,1438
21Section
1438. 71.64 (9) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,835,2522
71.64
(9) (b) (intro.) The department shall from time to time adjust the
23withholding tables to reflect any changes in income tax rates, any applicable surtax
24or any changes in dollar amounts in s. 71.06 (1), (1m), (1n), (1p)
, (1q), and (2) resulting
25from statutory changes, except as follows:
AB40-ASA1,1439
2Section
1439. 71.67 (5) (a) of the statutes is amended to read:
AB40-ASA1,836,83
71.67
(5) (a)
Wager winnings. A person holding a license to sponsor and
4manage races under s. 562.05 (1) (b) or (c) shall withhold from the amount of any
5payment of pari-mutuel winnings under s. 562.065 (3) (a) or (3m) (a) an amount
6determined by multiplying the amount of the payment by the highest rate applicable
7to individuals under s. 71.06 (1) (a) to (c), (1m), (1n)
or
, (1p)
, or (1q) if the amount of
8the payment is more than $1,000.
AB40-ASA1,1440
9Section
1440. 71.67 (5m) of the statutes is amended to read:
AB40-ASA1,836,1610
71.67
(5m) Withholding from payments to purchase assignment of lottery
11prize. A person that purchases an assignment of a lottery prize shall withhold from
12the amount of any payment made to purchase the assignment the amount that is
13determined by multiplying the amount of the payment by the highest rate applicable
14to individuals under s. 71.06 (1) (a) to (c), (1m), (1n)
or
, (1p)
, or (1q). Subsection (5)
15(b), (c) and (d), as it applies to the amounts withheld under sub. (5) (a), applies to the
16amount withheld under this subsection.
AB40-ASA1,1440c
17Section 1440c. 71.78 (4) (i) of the statutes is repealed.
AB40-ASA1,1440cm
18Section 1440cm. 71.78 (11) of the statutes is created to read:
AB40-ASA1,836,2219
71.78
(11) Disclosure of information concerning grant eligibility. The
20department may disclose to the department of agriculture, trade and consumer
21protection whether any person in the household of a person who applies for a grant
22under s. 91.90 has claimed a credit under subch. VIII of this chapter.
AB40-ASA1,1440e
24Section 1440e. 71.82 (1) (b) of the statutes is amended to read:
AB40-ASA1,837,14
171.82
(1) (b) Except as otherwise specifically provided, in crediting
2overpayments of income and surtaxes against underpayments or against taxes to be
3subsequently collected and in certifying refunds of such taxes interest shall be added
4at the rate of
9% 3 percent per year from the date on which such taxes when assessed
5would have become delinquent if unpaid to the date on which such overpayment was
6certified for refund except that if any overpayment of tax is certified for refund within
790 days after the last date prescribed for filing the return of such tax or 90 days after
8the date of actual filing of the return of such tax, whichever occurs later, no interest
9shall be allowed on such overpayment. For purposes of this section the return of such
10tax shall not be deemed actually filed by an employee unless and until the employee
11has included the written statement required to be filed under s. 71.65 (1). However
12when any part of a tax paid on an estimate of income, whether paid in connection with
13a tentative return or not, is refunded or credited to a taxpayer, such refund or credit
14shall not draw interest.
AB40-ASA1,1441
15Section
1441. 71.83 (1) (a) 11. of the statutes is created to read:
AB40-ASA1,837,1916
71.83
(1) (a) 11. `Negligently filed claims.' A person who negligently files an
17incorrect claim for refund of tax, or credits, under this chapter is subject to a penalty
18of 25 percent of the difference between the amount claimed and the amount that
19should have been claimed.
AB40-ASA1,1442
20Section
1442. 71.83 (1) (b) 7. of the statutes is created to read:
AB40-ASA1,837,2421
71.83
(1) (b) 7. `Fraudulently filed claims.' A person who fraudulently files an
22incorrect claim for refund of tax, or credits, under this chapter is subject to a penalty
23of 100 percent of the difference between the amount claimed and the amount that
24should have been claimed.
AB40-ASA1,1443
25Section
1443. 71.83 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,838,9
171.83
(2) (b) 1. `False income tax return; fraud.' Any person, other than a
2corporation or limited liability company, who renders a false or fraudulent income
3tax return with intent to defeat or evade any assessment required by this chapter
,
4or to obtain a refund or credit with fraudulent intent, is guilty of a Class H felony and
5may be assessed the cost of prosecution. In this subdivision, "return" includes a
6separate return filed by a spouse with respect to a taxable year for which a joint
7return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and
8a joint return filed by the spouses with respect to a taxable year for which a separate
9return is filed under s. 71.03 (2) (m) after the filing of that joint return.
AB40-ASA1,1444
10Section
1444. 71.83 (5) of the statutes is created to read:
AB40-ASA1,838,1211
71.83
(5) Ineligibility to claim certain credits. (a)
Definitions. In this
12subsection:
AB40-ASA1,838,1513
1. "Credit" means the earned income tax credit under s. 71.07 (9e), the
14homestead credit under subch. VIII, the farmland preservation credit under subch.
15IX, or any refundable credit under s. 71.07, 71.28, or 71.47.
AB40-ASA1,838,1716
2. "Fraudulent claim" means a claim for a credit, filed by a person, that is false
17or excessive and filed with fraudulent intent, as determined by the department.
AB40-ASA1,838,2018
3. "Reckless claim" means a claim for a credit, filed by a person, that is
19improper, due to reckless or intentional disregard of the provisions in this chapter
20or of rules and regulations of the department, as determined by the department.
AB40-ASA1,838,2421
(b)
Disallowance period. 1. A person who files a fraudulent claim may not file
22a claim for a credit for 10 successive taxable years, beginning with the taxable year
23that begins immediately after the taxable year for which the department determined
24that the person filed a fraudulent claim.
AB40-ASA1,839,4
12. A person who files a reckless claim may not file a claim for a credit for 2
2successive taxable years, beginning with the taxable year that begins immediately
3after the taxable year for which the department determined that the person filed a
4reckless claim.
AB40-ASA1,839,85
(c)
Reinstatement. After the period described under par. (b) during which a
6person may not file a claim for a credit, the person may file a claim for a credit, subject
7to any requirements that the department may impose on the person to demonstrate
8that the person is eligible to claim the credit.
AB40-ASA1,1444d
9Section 1444d. 71.90 (1) of the statutes is amended to read:
AB40-ASA1,839,2510
71.90
(1) Deposit. The department shall notify any person who files a petition
11for redetermination that the person may deposit the amount of an additional
12assessment, including any interest or penalty, with the department, or with a person
13that the department prescribes, at any time before the department makes its
14redetermination. The department shall notify spouses jointly except that, if the
15spouses have different addresses and if either spouse notifies the department in
16writing of those addresses, the department shall serve a duplicate of the original
17notice on the spouse who has the address other than the address to which the original
18notice was sent. Amounts deposited under this subsection shall be subject to the
19interest provided by s. 71.82 only to the extent of the interest accrued prior to the first
20day of the month succeeding the date of deposit. Any deposited amount which is
21refunded shall bear interest at the rate of
9% 3 percent per year during the time the
22funds were on deposit. A person may also pay any portion of an assessment which
23is admitted to be correct and the payment shall be considered an admission of the
24validity of that portion of the assessment and may not be recovered in an appeal or
25in any other action or proceeding.
AB40-ASA1,1445
1Section
1445. 71.91 (6) (a) 1. of the statutes is renumbered 71.91 (6) (a) 1g.
AB40-ASA1,1446
2Section
1446. 71.91 (6) (a) 1d. of the statutes is created to read:
AB40-ASA1,840,53
71.91
(6) (a) 1d. "Continuous levy" means a levy that is in effect from the date
4on which it is served on a 3rd party until the liability out of which the levy arose is
5satisfied or until the levy is released, whichever occurs first.
AB40-ASA1,1447
6Section
1447. 71.91 (6) (a) 2n. of the statutes is created to read: