Amendment SA1-AB40

AB40-SA1,12,11 71.28 (5p) Steve Hilgenberg community development credit. (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection.

AB40-SA1,12,21 (b) Filing claims. Subject to the limitations provided under this subsection and the requirements under s. 238.17, for taxable years beginning after December 31, 2012, and before January 1, 2015, except as provided under s. 238.17 (5) (cm), a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of the tax, for the taxable year in which the investment is made, an amount equal to 10 percent of the claimant's qualified investment in a community development financial institution, if the investment is at least $10,000, but not more than $150,000, or 12 percent of the claimant's qualified investment in a community development financial institution, if the investment is more than $150,000, but not more than $500,000.

AB40-SA1,13,5 (c) Limitations. 1. 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. (b). 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-SA1,13,14 2. A person 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 subsection 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 subdivision .... [LRB inserts date], may not be withdrawn prior to the end of their contractual term and reinvested in a community development financial institution in order to claim a credit under this subsection.

AB40-SA1,13,21 3. A claimant who withdraws a qualified investment from a community development financial institution prior to the date of withdrawal specified in the written notice provided to the claimant under s. 238.17 (5) (b) and who does not immediately reinvest the proceeds of the qualified investment as a qualified investment in another community development financial institution shall add to the claimant's liability for taxes imposed under s. 71.23 one of the following percentages of the amount of the credits received under this subsection:

AB40-SA1,13,23 a. If the withdrawal occurs during the first year after the date on which the claimant made the qualified investment, 100 percent.

AB40-SA1,13,25 b. If the withdrawal occurs during the 2nd year after the date on which the claimant made the qualified investment, 75 percent.

AB40-SA1,14,2 c. If the withdrawal occurs during the 3rd year after the date on which the claimant made the qualified investment, 50 percent.

AB40-SA1,14,4 d. If the withdrawal occurs during the 4th year after the date on which the claimant made the qualified investment, 25 percent.

AB40-SA1,14,6 e. If the withdrawal occurs during the 5th year after the date on which the claimant made the qualified investment, 10 percent.

AB40-SA1,14,8 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.".

AB40-SA1,14,9 35. Page 798, line 24: after that line insert:

AB40-SA1,14,10 " Section 1398Lb. 71.30 (3) (dr) of the statutes is created to read:

AB40-SA1,14,12 71.30 (3) (dr) Steve Hilgenberg community development credit under s. 71.28 (5p).".

AB40-SA1,14,13 36. Page 806, line 20: after "(5k)," insert "(5p),".

AB40-SA1,14,14 37. Page 816, line 12: after that line insert:

AB40-SA1,14,15 " Section 1419db. 71.45 (2) (a) 10. of the statutes is amended to read:

AB40-SA1,14,22 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5p), (5r), (5rm), (6n), (8r), and (9s) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).".

AB40-SA1,14,23 38. Page 832, line 8: after that line insert:

AB40-SA1,14,24 " Section 1432eb. 71.47 (5p) of the statutes is created to read:

AB40-SA1,15,2 71.47 (5p) Steve Hilgenberg community development credit. (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection.

AB40-SA1,15,12 (b) Filing claims. Subject to the limitations provided under this subsection and the requirements under s. 238.17, for taxable years beginning after December 31, 2012, and before January 1, 2015, except as provided under s. 238.17 (5) (cm), a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of the tax, for the taxable year in which the investment is made, an amount equal to 10 percent of the claimant's qualified investment in a community development financial institution, if the investment is at least $10,000, but not more than $150,000, or 12 percent of the claimant's qualified investment in a community development financial institution, if the investment is more than $150,000, but not more than $500,000.

AB40-SA1,15,20 (c) Limitations. 1. 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. (b). 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-SA1,16,4 2. A person 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 subsection 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 subdivision .... [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 subsection.

AB40-SA1,16,11 3. A claimant who withdraws a qualified investment from a community development financial institution prior to the date of withdrawal specified in the written notice provided to the claimant under s. 238.17 (5) (b) and who does not immediately reinvest the proceeds of the qualified investment as a qualified investment in another community development financial institution shall add to the claimant's liability for taxes imposed under s. 71.43 one of the following percentages of the amount of the credits received under this subsection:

AB40-SA1,16,13 a. If the withdrawal occurs during the first year after the date on which the claimant made the qualified investment, 100 percent.

AB40-SA1,16,15 b. If the withdrawal occurs during the 2nd year after the date on which the claimant made the qualified investment, 75 percent.

AB40-SA1,16,17 c. If the withdrawal occurs during the 3rd year after the date on which the claimant made the qualified investment, 50 percent.

AB40-SA1,16,19 d. If the withdrawal occurs during the 4th year after the date on which the claimant made the qualified investment, 25 percent.

AB40-SA1,16,21 e. If the withdrawal occurs during the 5th year after the date on which the claimant made the qualified investment, 10 percent.

AB40-SA1,16,23 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.".

AB40-SA1,16,24 39. Page 834, line 17: after that line insert:

AB40-SA1,17,1 " Section 1434Lb. 71.49 (1) (dr) of the statutes is created to read:

AB40-SA1,17,3 71.49 (1) (dr) Steve Hilgenberg community development credit under s. 71.47 (5p).".

AB40-SA1,17,4 40. Page 850, line 7: after that line insert:

AB40-SA1,17,5 " Section 1467hb. 76.634 of the statutes is created to read:

AB40-SA1,17,15 76.634 Steve Hilgenberg community development credit. (1) Filing claims. Subject to the limitations provided under this subsection and the requirements under s. 238.17, for taxable years beginning after December 31, 2012, and before January 1, 2015, except as provided under s. 238.17 (5) (cm), an insurer may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 for the taxable year in which the investment is made, an amount equal to 10 percent of the insurer's qualified investment in a community development financial institution, if the investment is at least $10,000, but not more than $150,000, or 12 percent of the insurer's qualified investment in a community development financial institution, if the investment is more than $150,000, but not more than $500,000.

AB40-SA1,17,21 (2) Carry-forward. If the credit under sub. (1) is not entirely offset against the fees under s. 76.60, 76.63, 76.65, 76.66, or 76.67 otherwise due, the unused balance may be carried forward and credited against those fees for the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the expense was made and the year in which the carry-forward credit is claimed.

AB40-SA1,17,24 (3) Limitations. (a) No credit may be allowed under this section unless the insurer includes with the insurer's annual return under s. 76.64 a copy of the insurer's certification for tax benefits under s. 238.17 (5) (b).

AB40-SA1,18,9 (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.

AB40-SA1,18,17 (4) Repayment. An insurer who claims a credit under this section and who withdraws a qualified investment from a community development financial institution prior to the date of withdrawal specified in the written notice provided to the insurer under s. 238.17 (5) (b) and does not immediately reinvest the proceeds of the qualified investment as a qualified investment in another community development financial institution shall add to the insurer's liability for fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67 one of the following percentages of the amount of the credits received under this subsection:

AB40-SA1,18,19 (a) If the withdrawal occurs during the first year after the date on which the insurer made the qualified investment, 100 percent.

AB40-SA1,18,21 (b) If the withdrawal occurs during the 2nd year after the date on which the insurer made the qualified investment, 75 percent.

AB40-SA1,18,23 (c) If the withdrawal occurs during the 3rd year after the date on which the insurer made the qualified investment, 50 percent.

AB40-SA1,18,25 (d) If the withdrawal occurs during the 4th year after the date on which the insurer made the qualified investment, 25 percent.

AB40-SA1,19,2 (e) If the withdrawal occurs during the 5th year after the date on which the insurer made the qualified investment, 10 percent.".

AB40-SA1,19,3 41. Page 852, line 25: after that line insert:

AB40-SA1,19,4 " Section 1473fb. 76.67 (2) of the statutes is amended to read:

AB40-SA1,19,14 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.".

AB40-SA1,19,15 42. Page 910, line 8: delete that line.

AB40-SA1,19,16 43. Page 1084, line 6: delete that line.

AB40-SA1,19,17 44. Page 1084, line 21: delete lines 21 to 24.

AB40-SA1,19,18 45. Page 1110, line 24: after that line insert:

AB40-SA1,19,19 " Section 2068d. 238.17 of the statutes is created to read:

AB40-SA1,19,21 238.17 Certification of investments in community development financial institutions. (1) Definitions. In this section:

AB40-SA1,19,23 (a) "Community development financial institution" means an entity that satisfies all of the following:

AB40-SA1,20,3 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).

AB40-SA1,20,4 2. The entity is organized under the laws of this state.

AB40-SA1,20,6 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.

AB40-SA1,20,8 (b) "Fund" means the Community Development Financial Institutions Fund established under 12 USC 4703 (a).

AB40-SA1,20,11 (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.

AB40-SA1,20,18 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.

AB40-SA1,20,24 (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).

AB40-SA1,21,7 (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.

AB40-SA1,21,13 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:

AB40-SA1,21,15 a. The material events certification form required by the federal department of the treasury.

AB40-SA1,21,18 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.

AB40-SA1,21,19 c. Any other information the corporation considers relevant.

AB40-SA1,21,22 (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.

AB40-SA1,22,4 (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:

AB40-SA1,22,6 1. Subject to s. 71.07 (5p) (c) 3., 71.28 (5p) (c) 3., 71.47 (5p) (c) 3., or 76.634 (4), withdraw the qualified investment.

AB40-SA1,22,9 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.

AB40-SA1,22,11 (4) Limits. No more than $1,000,000 in tax benefits may be claimed under this section in any calendar year.

AB40-SA1,22,12 (5) Duties of the corporation. The corporation shall do all of the following:

AB40-SA1,22,17 (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.

AB40-SA1,22,22 (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.

AB40-SA1,22,24 (c) Notify the department of revenue of each community development financial institution registered under sub. (2) (b).

AB40-SA1,23,3 (cm) 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, 2014, and to notify the department of revenue of that determination.

AB40-SA1,23,4 (d) Establish policies to administer this section.".

AB40-SA1,23,5 46. Page 1277, line 1: delete lines 1 to 11.

AB40-SA1,23,6 47. Page 1363, line 26: after that line insert:

AB40-SA1,23,7 "(1f) Procurement preference for materials manufactured in United States.

AB40-SA1,23,12 (a) The treatment of sections 16.754 (3) (intro.) and (a) and 66.0901 (1m) (b) and (10) of the statutes, the renumbering and amendment of section 16.754 (2) of the statutes, and the creation of section 16.754 (2) (a) and (c) of the statutes first apply to contracts entered into in the fiscal year that begins in the year after this subsection takes effect.

AB40-SA1,23,15 (b) The treatment of section 16.754 (2m) of the statutes first applies to responses made and bids submitted in the fiscal year that begins in the year after this subsection takes effect.".

AB40-SA1,23,16 48. Page 1366, line 19: delete lines 19 to 21.

AB40-SA1,23,17 49. Page 1371, line 12: after that line insert:

AB40-SA1,23,20 "(2h) Procurement preferences. The treatment of section 66.0145 of the statutes first applies to purchases made in the fiscal year that begins in the year after this subsection takes effect.".

AB40-SA1,23,21 (End)