SB148,132
12Section
132. 71.07 (2dx) (bg) of the statutes is amended to read:
SB148,48,2413
71.07
(2dx) (bg)
Other entities. For claimants in a development zone under
s.
14235.395 (1) (e) or s. 238.395 (1) (e)
, 2013 stats., or s. 560.795 (1) (e), 2009 stats.,
15partnerships, limited liability companies, and tax-option corporations may not
16claim the credit under this subsection, but the eligibility for, and amount of, that
17credit shall be determined on the basis of their economic activity, not that of their
18shareholders, partners, or members. The corporation, partnership, or company shall
19compute the amount of the credit that may be claimed by each of its shareholders,
20partners, or members and shall provide that information to each of its shareholders,
21partners, or members. Partners, members of limited liability companies, and
22shareholders of tax-option corporations may claim the credit based on the
23partnership's, company's, or corporation's activities in proportion to their ownership
24interest and may offset it against the tax attributable to their income.
SB148,133
25Section
133. 71.07 (2dx) (c) of the statutes is amended to read:
SB148,49,13
171.07
(2dx) (c)
Credit precluded. If the certification of a person for tax benefits
2under
s. 235.365 (3), 235.397 (4), 235.398 (3), or 235.3995 (4) or s. 238.365 (3),
2013
3stats., s. 238.397 (4),
2013 stats., s. 238.398 (3)
, 2013 stats., or
s. 238.3995 (4)
, 2013
4stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., s. 560.798 (3), 2009
5stats., or s. 560.7995 (4), 2009 stats., is revoked, or if the person becomes ineligible
6for tax benefits under
s. 235.395 (3) or s. 238.395 (3)
, 2013 stats., or s. 560.795 (3),
72009 stats., that person may not claim credits under this subsection for the taxable
8year that includes the day on which the certification is revoked; the taxable year that
9includes the day on which the person becomes ineligible for tax benefits; or
10succeeding taxable years and that person may not carry over unused credits from
11previous years to offset tax under this chapter for the taxable year that includes the
12day on which certification is revoked; the taxable year that includes the day on which
13the person becomes ineligible for tax benefits; or succeeding taxable years.
SB148,134
14Section
134. 71.07 (2dx) (d) of the statutes is amended to read:
SB148,49,2415
71.07
(2dx) (d)
Carry-over precluded. If a person who is entitled under
s.
16235.395 (3) or s. 238.395 (3)
, 2013 stats., or s. 560.795 (3), 2009 stats., to claim tax
17benefits or certified under
s. 235.365 (3), 235.397 (4), 235.398 (4), or 235.3995 (4) or 18s. 238.365 (3),
2013 stats., s. 238.397 (4),
2013 stats., s. 238.398 (3)
, 2013 stats., or
19s. 238.3995 (4)
, 2013 stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats.,
20s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., for tax benefits ceases
21business operations in the development zone during any of the taxable years that
22that zone exists, that person may not carry over to any taxable year following the
23year during which operations cease any unused credits from the taxable year during
24which operations cease or from previous taxable years.
SB148,135
25Section
135. 71.07 (2dy) (a) of the statutes is amended to read:
SB148,50,4
171.07
(2dy) (a)
Definition. In this subsection, "claimant" means a person who
2files a claim under this subsection and is certified under
s. 235.301 (2) or s. 238.301
3(2)
, 2013 stats., or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits
4under
s. 235.303 or s. 238.303
, 2013 stats., or s. 560.703, 2009 stats.
SB148,136
5Section
136. 71.07 (2dy) (b) of the statutes is amended to read:
SB148,50,116
71.07
(2dy) (b)
Filing claims. Subject to the limitations under this subsection
7and
ss. 235.301 to 235.306 or ss. 238.301 to 238.306
, 2013 stats., or ss. 560.701 to
8560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant
9may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to the
10amount of the tax, the amount authorized for the claimant under
s. 235.303 or s.
11238.303
, 2013 stats., or s. 560.703, 2009 stats.
SB148,137
12Section
137. 71.07 (2dy) (c) 1. of the statutes is amended to read:
SB148,50,1713
71.07
(2dy) (c) 1. No credit may be allowed under this subsection unless the
14claimant includes with the claimant's return a copy of the claimant's certification
15under
s. 235.301 (2) or s. 238.301 (2)
, 2013 stats., or s. 560.701 (2), 2009 stats., and
16a copy of the claimant's notice of eligibility to receive tax benefits under
s. 235.303
17(3) or s. 238.303 (3)
, 2013 stats., or s. 560.703 (3), 2009 stats.
SB148,138
18Section
138. 71.07 (2dy) (c) 2. of the statutes is amended to read:
SB148,51,219
71.07
(2dy) (c) 2. Partnerships, limited liability companies, and tax-option
20corporations may not claim the credit under this subsection, but the eligibility for,
21and the amount of, the credit are based on their authorization to claim tax benefits
22under
s. 235.303 or s. 238.303
, 2013 stats., or s. 560.703, 2009 stats. A partnership,
23limited liability company, or tax-option corporation shall compute the amount of
24credit that each of its partners, members, or shareholders may claim and shall
25provide that information to each of them. Partners, members of limited liability
1companies, and shareholders of tax-option corporations may claim the credit in
2proportion to their ownership interests.
SB148,139
3Section
139. 71.07 (2dy) (d) 2. of the statutes is amended to read:
SB148,51,144
71.07
(2dy) (d) 2. If a claimant's certification is revoked under
s. 235.305 or s.
5238.305
, 2013 stats., or s. 560.705, 2009 stats., or if a claimant becomes ineligible for
6tax benefits under
s. 235.302 or s. 238.302
, 2013 stats., or s. 560.702, 2009 stats., the
7claimant may not claim credits under this subsection for the taxable year that
8includes the day on which the certification is revoked; the taxable year that includes
9the day on which the claimant becomes ineligible for tax benefits; or succeeding
10taxable years and the claimant may not carry over unused credits from previous
11years to offset the tax imposed under s. 71.02 or 71.08 for the taxable year that
12includes the day on which certification is revoked; the taxable year that includes the
13day on which the claimant becomes ineligible for tax benefits; or succeeding taxable
14years.
SB148,140
15Section
140. 71.07 (3g) (a) (intro.) of the statutes is amended to read:
SB148,51,2116
71.07
(3g) (a) (intro.) Subject to the limitations under this subsection and ss.
1773.03 (35m) and
235.23 and s. 238.23
, 2013 stats., and s. 560.96, 2009 stats., a
18business that is certified under
s. 235.23 (3) or s. 238.23 (3)
, 2013 stats., or s. 560.96
19(3), 2009 stats., may claim as a credit against the taxes imposed under s. 71.02 an
20amount equal to the sum of the following, as established under
s. 235.23 (3) (c) or s.
21238.23 (3) (c)
, 2013 stats., or s. 560.96 (3) (c), 2009 stats.:
SB148,141
22Section
141. 71.07 (3g) (b) of the statutes is amended to read:
SB148,51,2523
71.07
(3g) (b) The department of revenue shall notify the
department of
24commerce or the Wisconsin Economic Development Corporation Forward Wisconsin
25Development Authority of all claims under this subsection.
SB148,142
1Section
142. 71.07 (3g) (e) 2. of the statutes is amended to read:
SB148,52,52
71.07
(3g) (e) 2. The investments that relate to the amount described under par.
3(a) 2. for which a claimant makes a claim under this subsection must be retained for
4use in the technology zone for the period during which the claimant's business is
5certified under
s. 235.23 (3) or s. 238.23 (3)
, 2013 stats., or s. 560.96 (3), 2009 stats.
SB148,143
6Section
143. 71.07 (3g) (f) 1. of the statutes is amended to read:
SB148,52,107
71.07
(3g) (f) 1. A copy of the verification that the claimant's business is
8certified under
s. 235.23 (3) or s. 238.23 (3)
, 2013 stats., or s. 560.96 (3), 2009 stats.,
9and that the business has entered into an agreement under
s. 235.23 (3) (d) or s.
10238.23 (3) (d)
, 2013 stats., or s. 560.96 (3) (d), 2009 stats.
SB148,144
11Section
144. 71.07 (3g) (f) 2. of the statutes is amended to read:
SB148,52,1512
71.07
(3g) (f) 2. A statement from the department of commerce or the Wisconsin
13Economic Development Corporation
or the Forward Wisconsin Development
14Authority verifying the purchase price of the investment described under par. (a) 2.
15and verifying that the investment fulfills the requirement under par. (e) 2.
SB148,145
16Section
145. 71.07 (3q) (a) 1. of the statutes is amended to read:
SB148,52,1817
71.07
(3q) (a) 1. "Claimant" means a person certified to receive tax benefits
18under
s. 235.16 (2) or s. 238.16 (2)
, 2013 stats., or s. 560.2055 (2), 2009 stats.
SB148,146
19Section
146. 71.07 (3q) (a) 2. of the statutes is amended to read:
SB148,52,2520
71.07
(3q) (a) 2. "Eligible employee" means, for taxable years beginning before
21January 1, 2011, an eligible employee under s. 560.2055 (1) (b), 2009 stats., who
22satisfies the wage requirements under s. 560.2055 (3) (a) or (b), 2009 stats., or, for
23taxable years beginning after December 31, 2010, an eligible employee under s.
24238.16 235.16 (1) (b) who satisfies the wage requirements under s.
238.16 235.16 (3)
25(a) or (b).
SB148,147
1Section
147. 71.07 (3q) (b) (intro.) of the statutes is amended to read:
SB148,53,52
71.07
(3q) (b)
Filing claims. (intro.) Subject to the limitations provided in this
3subsection and
s. 235.16 or s. 238.16
, 2013 stats., or s. 560.2055, 2009 stats., for
4taxable years beginning after December 31, 2009, a claimant may claim as a credit
5against the taxes imposed under ss. 71.02 and 71.08 any of the following:
SB148,148
6Section
148. 71.07 (3q) (b) 1. of the statutes is amended to read:
SB148,53,117
71.07
(3q) (b) 1. The amount of wages that the claimant paid to an eligible
8employee in the taxable year, not to exceed 10 percent of such wages, as determined
9by the
Forward Wisconsin Development Authority under s. 235.16 or the Wisconsin
10Economic Development Corporation under s. 238.16
, 2013 stats., or the department
11of commerce under s. 560.2055, 2009 stats.
SB148,149
12Section
149. 71.07 (3q) (b) 2. of the statutes is amended to read:
SB148,53,1613
71.07
(3q) (b) 2. The amount of the costs incurred by the claimant in the taxable
14year, as determined under
s. 235.16 or s. 238.16
, 2013 stats., or s. 560.2055, 2009
15stats., to undertake the training activities described under
s. 235.16 (3) (c) or s.
16238.16 (3) (c)
, 2013 stats., or s. 560.2055 (3) (c), 2009 stats.
SB148,150
17Section
150. 71.07 (3q) (c) 2. of the statutes is amended to read:
SB148,53,2118
71.07
(3q) (c) 2. No credit may be allowed under this subsection unless the
19claimant includes with the claimant's return a copy of the claimant's certification for
20tax benefits under
s. 235.16 (2) or s. 238.16 (2)
, 2013 stats., or s. 560.2055 (2), 2009
21stats.
SB148,151
22Section
151. 71.07 (3q) (c) 3. of the statutes is amended to read:
SB148,54,223
71.07
(3q) (c) 3. The maximum amount of credits that may be awarded under
24this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January
251, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of
1any credits reallocated under s. 238.15 (3) (d)
, 2013 stats., or s. 560.205 (3) (d), 2009
2stats.
SB148,152
3Section
152. 71.07 (3w) (a) 2. of the statutes is amended to read:
SB148,54,64
71.07
(3w) (a) 2. "Claimant" means a person who is certified to claim tax
5benefits under
s. 235.399 (5) or s. 238.399 (5)
, 2013 stats., or s. 560.799 (5), 2009
6stats., and who files a claim under this subsection.
SB148,153
7Section
153. 71.07 (3w) (a) 3. of the statutes is amended to read:
SB148,54,108
71.07
(3w) (a) 3. "Full-time employee" means a full-time employee, as defined
9in
s. 235.399 (1) (am) or s. 238.399 (1) (am)
, 2013 stats., or s. 560.799 (1) (am), 2009
10stats.
SB148,154
11Section
154. 71.07 (3w) (a) 4. of the statutes is amended to read:
SB148,54,1312
71.07
(3w) (a) 4. "Enterprise zone" means a zone designated under
s. 235.399
13or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats.
SB148,155
14Section
155. 71.07 (3w) (a) 5d. of the statutes is amended to read:
SB148,54,1715
71.07
(3w) (a) 5d. "Tier I county or municipality" means a tier I county or
16municipality, as determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
172009 stats.
SB148,156
18Section
156. 71.07 (3w) (a) 5e. of the statutes is amended to read:
SB148,54,2119
71.07
(3w) (a) 5e. "Tier II county or municipality" means a tier II county or
20municipality, as determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
212009 stats.
SB148,157
22Section
157. 71.07 (3w) (b) (intro.) of the statutes is amended to read:
SB148,55,223
71.07
(3w) (b)
Filing claims; payroll. (intro.) Subject to the limitations
24provided in this subsection and
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
12009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02
2or 71.08 an amount calculated as follows:
SB148,158
3Section
158. 71.07 (3w) (b) 5. of the statutes is amended to read:
SB148,55,64
71.07
(3w) (b) 5. Multiply the amount determined under subd. 4. by the
5percentage determined by under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
62009 stats., not to exceed 7 percent.
SB148,159
7Section
159. 71.07 (3w) (bm) 1. of the statutes is amended to read:
SB148,55,188
71.07
(3w) (bm) 1. In addition to the credits under par. (b) and subds. 2., 3., and
94., and subject to the limitations provided in this subsection and
s. 235.399 or s.
10238.399
, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit
11against the tax imposed under s. 71.02 or 71.08 an amount equal to a percentage, as
12determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats., not
13to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade
14or improve the job-related skills of any of the claimant's full-time employees, to train
15any of the claimant's full-time employees on the use of job-related new technologies,
16or to provide job-related training to any full-time employee whose employment with
17the claimant represents the employee's first full-time job. This subdivision does not
18apply to employees who do not work in an enterprise zone.
SB148,160
19Section
160. 71.07 (3w) (bm) 2. of the statutes is amended to read:
SB148,56,920
71.07
(3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and
214., and subject to the limitations provided in this subsection and
s. 235.399 or s.
22238.399
, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit
23against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage,
24as determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats.,
25not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all
1of the claimant's full-time employees whose annual wages are greater than the
2amount determined by multiplying 2,080 by 150 percent of the federal minimum
3wage in a tier I county or municipality, not including the wages paid to the employees
4determined under par. (b) 1., or greater than $30,000 in a tier II county or
5municipality, not including the wages paid to the employees determined under par.
6(b) 1., and who the claimant employed in the enterprise zone in the taxable year, if
7the total number of such employees is equal to or greater than the total number of
8such employees in the base year. A claimant may claim a credit under this
9subdivision for no more than 5 consecutive taxable years.
SB148,161
10Section
161. 71.07 (3w) (bm) 3. of the statutes is amended to read:
SB148,56,1711
71.07
(3w) (bm) 3. In addition to the credits under par. (b) and subds. 1., 2., and
124., and subject to the limitations provided in this subsection and
s. 235.399 or s.
13238.399
, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after
14December 31, 2008, a claimant may claim as a credit against the tax imposed under
15s. 71.02 or 71.08 up to 10 percent of the claimant's significant capital expenditures,
16as determined under
s. 235.399 (5m) or s. 238.399 (5m)
, 2013 stats., or s. 560.799
17(5m), 2009 stats.
SB148,162
18Section
162. 71.07 (3w) (bm) 4. of the statutes is amended to read:
SB148,57,319
71.07
(3w) (bm) 4. In addition to the credits under par. (b) and subds. 1., 2., and
203., and subject to the limitations provided in this subsection and
s. 235.399 or s.
21238.399
, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after
22December 31, 2009, a claimant may claim as a credit against the tax imposed under
23s. 71.02 or 71.08, up to 1 percent of the amount that the claimant paid in the taxable
24year to purchase tangible personal property, items, property, or goods under s. 77.52
25(1) (b), (c), or (d), or services from Wisconsin vendors, as determined under
s. 235.399
1(5) (e) or s. 238.399 (5) (e)
, 2013 stats., or s. 560.799 (5) (e), 2009 stats., except that
2the claimant may not claim the credit under this subdivision and subd. 3. for the
3same expenditures.
SB148,163
4Section
163. 71.07 (3w) (c) 3. of the statutes is amended to read:
SB148,57,85
71.07
(3w) (c) 3. No credit may be allowed under this subsection unless the
6claimant includes with the claimant's return a copy of the claimant's certification for
7tax benefits under
s. 235.399 (5) or (5m) or s. 238.399 (5) or (5m)
, 2013 stats., or s.
8560.799 (5) or (5m), 2009 stats.
SB148,164
9Section
164. 71.07 (3w) (d) of the statutes is amended to read:
SB148,57,1510
71.07
(3w) (d)
Administration. Section 71.28 (4) (g) and (h), as it applies to the
11credit under s. 71.28 (4), applies to the credit under this subsection. Claimants shall
12include with their returns a copy of their certification for tax benefits, and a copy of
13the verification of their expenses, from the department of commerce or the Wisconsin
14Economic Development Corporation
or the Forward Wisconsin Development
15Authority.
SB148,165
16Section
165. 71.07 (5b) (a) 2. of the statutes is amended to read:
SB148,57,1817
71.07
(5b) (a) 2. "Fund manager" means an investment fund manager certified
18under
s. 235.15 (2) or s. 238.15 (2)
, 2013 stats., or s. 560.205 (2), 2009 stats.
SB148,166
19Section
166. 71.07 (5b) (b) 1. of the statutes is amended to read:
SB148,58,220
71.07
(5b) (b) 1. For taxable years beginning after December 31, 2004, subject
21to the limitations provided under this subsection and
s. 235.15 or s. 238.15
, 2013
22stats., or s. 560.205, 2009 stats., and except as provided in subd. 2., a claimant may
23claim as a credit against the tax imposed under ss. 71.02 and 71.08, up to the amount
24of those taxes, 25 percent of the claimant's investment paid to a fund manager that
1the fund manager invests in a business certified under
s. 235.15 or s. 238.15 (1)
, 2013
2stats., or s. 560.205 (1), 2009 stats.
SB148,167
3Section
167. 71.07 (5b) (b) 2. of the statutes is amended to read:
SB148,58,124
71.07
(5b) (b) 2. In the case of a partnership, limited liability company, or
5tax-option corporation, the computation of the 25 percent limitation under subd. 1.
6shall be determined at the entity level rather than the claimant level and may be
7allocated among the claimants who make investments in the manner set forth in the
8entity's organizational documents. The entity shall provide to the department of
9revenue and to the
department of commerce or the Wisconsin Economic
10Development Corporation Forward Wisconsin Development Authority the names
11and tax identification numbers of the claimants, the amounts of the credits allocated
12to the claimants, and the computation of the allocations.
SB148,168
13Section
168. 71.07 (5b) (d) 3. of the statutes is amended to read:
SB148,58,1814
71.07
(5b) (d) 3. Except as provided under s.
238.15 235.15 (3) (d) (intro.), for
15investments made after December 31, 2007, if an investment for which a claimant
16claims a credit under par. (b) is held by the claimant for less than 3 years, the
17claimant shall pay to the department, in the manner prescribed by the department,
18the amount of the credit that the claimant received related to the investment.
SB148,169
19Section
169. 71.07 (5d) (a) 1. (intro.) of the statutes is amended to read:
SB148,58,2220
71.07
(5d) (a) 1. (intro.) "Bona fide angel investment" means a purchase of an
21equity interest, or any other expenditure, as determined
by rule under
s. 235.15 or 22s. 238.15
, 2013 stats., or s. 560.205, 2009 stats., that is made by any of the following:
SB148,170
23Section
170. 71.07 (5d) (a) 2m. of the statutes is amended to read:
SB148,59,224
71.07
(5d) (a) 2m. "Person" means a partnership or limited liability company
25that is a nonoperating entity, as determined by the
department of commerce or the
1Wisconsin Economic Development Corporation Forward Wisconsin Development
2Authority, a natural person, or fiduciary.
SB148,171
3Section
171. 71.07 (5d) (a) 3. of the statutes is amended to read:
SB148,59,54
71.07
(5d) (a) 3. "Qualified new business venture" means a business that is
5certified under
s. 235.15 (1) or s. 238.15 (1)
, 2013 stats., or s. 560.205 (1), 2009 stats.
SB148,172
6Section
172. 71.07 (5d) (b) (intro.) of the statutes is amended to read:
SB148,59,107
71.07
(5d) (b)
Filing claims. (intro.) Subject to the limitations provided in this
8subsection and in
s. 235.15 or s. 238.15
, 2013 stats., or s. 560.205, 2009 stats., a
9claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up
10to the amount of those taxes, the following:
SB148,173
11Section
173. 71.07 (5d) (b) 1. of the statutes is amended to read:
SB148,59,1712
71.07
(5d) (b) 1. For taxable years beginning before January 1, 2008, in each
13taxable year for 2 consecutive years, beginning with the taxable year as certified by
14the department of commerce
or, the Wisconsin Economic Development Corporation
,
15or the Forward Wisconsin Development Authority, an amount equal to 12.5 percent
16of the claimant's bona fide angel investment made directly in a qualified new
17business venture.
SB148,174
18Section
174. 71.07 (5d) (b) 2. of the statutes is amended to read:
SB148,59,2319
71.07
(5d) (b) 2. For taxable years beginning after December 31, 2007, for the
20taxable year certified by the department of commerce
or
, the Wisconsin Economic
21Development Corporation
, or the Forward Wisconsin Development Authority, an
22amount equal to 25 percent of the claimant's bona fide angel investment made
23directly in a qualified new business venture.
SB148,175
24Section
175. 71.07 (5d) (c) 2. of the statutes is amended to read:
SB148,60,5
171.07
(5d) (c) 2. For taxable years beginning before January 1, 2008, the
2maximum amount of a claimant's investment that may be used as the basis for a
3credit under this subsection is $2,000,000 for each investment made directly in a
4business certified under
s. 235.15 (1) or s. 238.15 (1)
, 2013 stats., or s. 560.205 (1),
52009 stats.
SB148,176
6Section
176. 71.07 (5d) (d) 1. of the statutes is amended to read: