SB148: Bill Text

SB148,154 Section 154. 71.07 (3w) (a) 4. of the statutes is amended to read:

SB148,54,13 71.07 (3w) (a) 4. "Enterprise zone" means a zone designated under s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB148,155 Section 155. 71.07 (3w) (a) 5d. of the statutes is amended to read:

SB148,54,17 71.07 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined under s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB148,156 Section 156. 71.07 (3w) (a) 5e. of the statutes is amended to read:

SB148,54,21 71.07 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined under s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB148,157 Section 157. 71.07 (3w) (b) (intro.) of the statutes is amended to read:

SB148,55,2 71.07 (3w) (b) Filing claims; payroll. (intro.) Subject to the limitations provided in this subsection and s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount calculated as follows:

SB148,158 Section 158. 71.07 (3w) (b) 5. of the statutes is amended to read:

SB148,55,6 71.07 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined by under s. 235.399 or s. 238.399 , 2013 stats., or s. 560.799, 2009 stats., not to exceed 7 percent.

SB148,159 Section 159. 71.07 (3w) (bm) 1. of the statutes is amended to read:

SB148,55,18 71.07 (3w) (bm) 1. In addition to the credits under par. (b) and subds. 2., 3., and 4., and subject to the limitations provided in this subsection and s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to a percentage, as determined under s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.

SB148,160 Section 160. 71.07 (3w) (bm) 2. of the statutes is amended to read:

SB148,56,9 71.07 (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. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage, as determined under s. 235.399 or s. 238.399, 2013 stats., 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 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.

SB148,161 Section 161. 71.07 (3w) (bm) 3. of the statutes is amended to read:

SB148,56,17 71.07 (3w) (bm) 3. In addition to the credits under par. (b) and subds. 1., 2., and 4., and subject to the limitations provided in this subsection and s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 up to 10 percent of the claimant's significant capital expenditures, as determined under s. 235.399 (5m) or s. 238.399 (5m), 2013 stats., or s. 560.799 (5m), 2009 stats.

SB148,162 Section 162. 71.07 (3w) (bm) 4. of the statutes is amended to read:

SB148,57,3 71.07 (3w) (bm) 4. In addition to the credits under par. (b) and subds. 1., 2., and 3., and subject to the limitations provided in this subsection and s. 235.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to 1 percent of the amount that the claimant paid in the taxable year to purchase tangible personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services from Wisconsin vendors, as determined under s. 235.399 (5) (e) or s. 238.399 (5) (e), 2013 stats., or s. 560.799 (5) (e), 2009 stats., except that the claimant may not claim the credit under this subdivision and subd. 3. for the same expenditures.

SB148,163 Section 163. 71.07 (3w) (c) 3. of the statutes is amended to read:

SB148,57,8 71.07 (3w) (c) 3. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 235.399 (5) or (5m) or s. 238.399 (5) or (5m), 2013 stats., or s. 560.799 (5) or (5m), 2009 stats.

SB148,164 Section 164. 71.07 (3w) (d) of the statutes is amended to read:

SB148,57,15 71.07 (3w) (d) Administration. Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection. Claimants shall include with their returns a copy of their certification for tax benefits, and a copy of the verification of their expenses, from the department of commerce or the Wisconsin Economic Development Corporation or the Forward Wisconsin Development Authority.

SB148,165 Section 165. 71.07 (5b) (a) 2. of the statutes is amended to read:

SB148,57,18 71.07 (5b) (a) 2. "Fund manager" means an investment fund manager certified under s. 235.15 (2) or s. 238.15 (2), 2013 stats.,   or s. 560.205 (2), 2009 stats.

SB148,166 Section 166. 71.07 (5b) (b) 1. of the statutes is amended to read:

SB148,58,2 71.07 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject to the limitations provided under this subsection and s. 235.15 or s. 238.15, 2013 stats., or s. 560.205, 2009 stats., and except as provided in subd. 2., a claimant may claim as a credit against the tax imposed under ss. 71.02 and 71.08, up to the amount of those taxes, 25 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 235.15 or s. 238.15 (1), 2013 stats., or s. 560.205 (1), 2009 stats.

SB148,167 Section 167. 71.07 (5b) (b) 2. of the statutes is amended to read:

SB148,58,12 71.07 (5b) (b) 2. In the case of a partnership, limited liability company, or tax-option corporation, the computation of the 25 percent limitation under subd. 1. shall be determined at the entity level rather than the claimant level and may be allocated among the claimants who make investments in the manner set forth in the entity's organizational documents. The entity shall provide to the department of revenue and to the department of commerce or the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority the names and tax identification numbers of the claimants, the amounts of the credits allocated to the claimants, and the computation of the allocations.

SB148,168 Section 168. 71.07 (5b) (d) 3. of the statutes is amended to read:

SB148,58,18 71.07 (5b) (d) 3. Except as provided under s. 238.15 235.15 (3) (d) (intro.), for investments made after December 31, 2007, if an investment for which a claimant claims a credit under par. (b) is held by the claimant for less than 3 years, the claimant shall pay to the department, in the manner prescribed by the department, the amount of the credit that the claimant received related to the investment.

SB148,169 Section 169. 71.07 (5d) (a) 1. (intro.) of the statutes is amended to read:

SB148,58,22 71.07 (5d) (a) 1. (intro.) "Bona fide angel investment" means a purchase of an equity interest, or any other expenditure, as determined by rule under s. 235.15 or s. 238.15, 2013 stats., or s. 560.205, 2009 stats., that is made by any of the following:

SB148,170 Section 170. 71.07 (5d) (a) 2m. of the statutes is amended to read:

SB148,59,2 71.07 (5d) (a) 2m. "Person" means a partnership or limited liability company that is a nonoperating entity, as determined by the department of commerce or the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, a natural person, or fiduciary.

SB148,171 Section 171. 71.07 (5d) (a) 3. of the statutes is amended to read:

SB148,59,5 71.07 (5d) (a) 3. "Qualified new business venture" means a business that is certified under s. 235.15 (1) or s. 238.15 (1), 2013 stats., or s. 560.205 (1), 2009 stats.

SB148,172 Section 172. 71.07 (5d) (b) (intro.) of the statutes is amended to read:

SB148,59,10 71.07 (5d) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection and in s. 235.15 or s. 238.15, 2013 stats., or s. 560.205, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to the amount of those taxes, the following:

SB148,173 Section 173. 71.07 (5d) (b) 1. of the statutes is amended to read:

SB148,59,17 71.07 (5d) (b) 1. For taxable years beginning before January 1, 2008, in each taxable year for 2 consecutive years, beginning with the taxable year as certified by the department of commerce or, the Wisconsin Economic Development Corporation, or the Forward Wisconsin Development Authority, an amount equal to 12.5 percent of the claimant's bona fide angel investment made directly in a qualified new business venture.

SB148,174 Section 174. 71.07 (5d) (b) 2. of the statutes is amended to read:

SB148,59,23 71.07 (5d) (b) 2. For taxable years beginning after December 31, 2007, for the taxable year certified by the department of commerce or , the Wisconsin Economic Development Corporation, or the Forward Wisconsin Development Authority, an amount equal to 25 percent of the claimant's bona fide angel investment made directly in a qualified new business venture.

SB148,175 Section 175. 71.07 (5d) (c) 2. of the statutes is amended to read:

SB148,60,5 71.07 (5d) (c) 2. For taxable years beginning before January 1, 2008, the maximum amount of a claimant's investment that may be used as the basis for a credit under this subsection is $2,000,000 for each investment made directly in a business certified under s. 235.15 (1) or s. 238.15 (1), 2013 stats., or s. 560.205 (1), 2009 stats.

SB148,176 Section 176. 71.07 (5d) (d) 1. of the statutes is amended to read:

SB148,60,11 71.07 (5d) (d) 1. Except as provided under s. 238.15 235.15 (3) (d) (intro.), for investments made after December 31, 2007, if an investment for which a claimant claims a credit under par. (b) is held by the claimant for less than 3 years, the claimant shall pay to the department, in the manner prescribed by the department, the amount of the credit that the claimant received related to the investment.

SB148,177 Section 177. 71.07 (9m) (c) (intro.) of the statutes is amended to read:

SB148,60,17 71.07 (9m) (c) (intro.) No person may claim the credit under par. (a) 2m. unless the claimant includes with the claimant's return a copy of the claimant's certification under s. 238.17 235.17. For certification purposes under s. 238.17 235.17, the claimant shall provide to the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority all of the following:

SB148,178 Section 178. 71.26 (1) (be) of the statutes is amended to read:

SB148,60,22 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and of the Wisconsin Aerospace Authority.

SB148,179 Section 179. 71.26 (1m) (e) of the statutes is amended to read:

SB148,61,3 71.26 (1m) (e) Those issued under s. 234.65 , 2013 stats., to fund an economic development loan to finance construction, renovation or development of property that would be exempt under s. 70.11 (36).

SB148,180 Section 180. 71.26 (1m) (em) of the statutes is amended to read:

SB148,61,8 71.26 (1m) (em) Those issued under s. 234.08, 2013 stats., or s. 234.61, 2013 stats., on or after January 1, 2004, or the Forward Wisconsin Development Authority under s. 235.02 or 235.61, if the obligations are issued to fund multifamily affordable housing projects or elderly housing projects.

SB148,181 Section 181. 71.26 (1m) (k) 1. of the statutes is amended to read:

SB148,61,14 71.26 (1m) (k) 1. The bonds or notes are used to fund multifamily affordable housing projects or elderly housing projects in this state, and the Wisconsin Housing and Economic Development Authority under ch. 234, 2013 stats., or the Forward Wisconsin Development Authority has the authority to issue its bonds or notes for the project being funded.

SB148,182 Section 182. 71.26 (1m) (m) of the statutes is amended to read:

SB148,61,19 71.26 (1m) (m) Those issued by the Wisconsin Housing and Economic Development Authority or the Forward Wisconsin Development Authority to provide loans to a public affairs network under s. 235.75 (4) or s. 234.75 (4), 2013 stats.

SB148,183 Section 183. 71.28 (1) (a) of the statutes is amended to read:

SB148,62,6 71.28 (1) (a) Any corporation which contributes an amount to the community development finance authority under s. 233.03, 1985 stats., or to the housing and economic development authority under s. 234.03 (32), 2013 stats., or to the Forward Wisconsin Development Authority on behalf of the community development finance company under s. 235.95 and, in the same year, purchases common stock or partnership interests of the community development finance company issued under s. 233.05 (2), 1985 stats., or s. 234.95 (2), 2013 stats., or 235.95 in an amount no greater than the contribution to the authority may credit against taxes otherwise due an amount equal to 75% of the purchase price of the stock or partnership interests. The credit received under this paragraph may not exceed 75% of the contribution to the community development finance authority.

SB148,184 Section 184. 71.28 (1dm) (a) 1. of the statutes is amended to read:

SB148,62,12 71.28 (1dm) (a) 1. "Certified" means entitled under s. 235.395 (3) (a) 4. or s. 238.395 (3) (a) 4., 2013 stats., or s. 560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 235.395 (5), 235.398 (3), or 235.3995 (4) or s. 238.395 (5), 2013 stats., s. 238.398 (3), 2013 stats., or s. 238.3995 (4), 2013 stats., or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats.

SB148,185 Section 185. 71.28 (1dm) (a) 3. of the statutes is amended to read:

SB148,62,18 71.28 (1dm) (a) 3. "Development zone" means a development opportunity zone under s. 235.395 (1) (e) and (f) or 235.398 or s. 238.395 (1) (e) and (f), 2013 stats., or s. 238.398, 2013 stats., or s. 560.795 (1) (e) and (f), 2009 stats., or s. 560.798, 2009 stats., or an airport development zone under s. 235.3995 or s. 238.3995, 2013 stats., or s. 560.7995, 2009 stats.

SB148,186 Section 186. 71.28 (1dm) (a) 4. of the statutes is amended to read:

SB148,63,4 71.28 (1dm) (a) 4. "Previously owned property" means real property that the claimant or a related person owned during the 2 years prior to the department of commerce or the Wisconsin Economic Development Corporation or the Forward Wisconsin Development Authority designating the place where the property is located as a development zone and for which the claimant may not deduct a loss from the sale of the property to, or an exchange of the property with, the related person under section 267 of the Internal Revenue Code, except that section 267 (b) of the Internal Revenue Code is modified so that if the claimant owns any part of the property, rather than 50% ownership, the claimant is subject to section 267 (a) (1) of the Internal Revenue Code for purposes of this subsection.

SB148,187 Section 187. 71.28 (1dm) (f) 1. of the statutes is amended to read:

SB148,63,10 71.28 (1dm) (f) 1. A copy of the verification that the claimant may claim tax benefits under s. 235.395 (3) (a) 4. or s. 238.395 (3) (a) 4., 2013 stats., or s. 560.795 (3) (a) 4., 2009 stats., or is certified under s. 235.395 (5), 235.398 (3), or 235.3995 (4) or s. 238.395 (5), 2013 stats., s. 238.398 (3) , 2013 stats., or s. 238.3995 (4), 2013 stats., or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats.

SB148,188 Section 188. 71.28 (1dm) (f) 2. of the statutes is amended to read:

SB148,63,15 71.28 (1dm) (f) 2. A statement from the department of commerce or the Wisconsin Economic Development Corporation or the Forward Wisconsin Development Authority verifying the purchase price of the investment and verifying that the investment fulfills the requirements under par. (b).

SB148,189 Section 189. 71.28 (1dm) (i) of the statutes is amended to read:

SB148,64,6 71.28 (1dm) (i) Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, that credit shall be determined on the basis of their economic activity, not that of their shareholders, partners, or members. The corporation, partnership, or limited liability company shall compute the amount of credit that may be claimed by each of its shareholders, partners, or members and provide that information to its shareholders, partners, or members. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit based on the partnership's, company's, or corporation's activities in proportion to their ownership interest and may offset it against the tax attributable to their income from the partnership's, company's, or corporation's business operations in the development zone; except that partners, members, and shareholders in a development zone under s. 235.395 (1) (e) or s. 238.395 (1) (e), 2013 stats., or s. 560.795 (1) (e), 2009 stats., may offset the credit against the amount of the tax attributable to their income.

SB148,190 Section 190. 71.28 (1dm) (j) of the statutes is amended to read:

SB148,64,20 71.28 (1dm) (j) If a person who is entitled under s. 235.395 (3) (a) 4. or s. 238.395 (3) (a) 4., 2013 stats., or s. 560.795 (3) (a) 4., 2009 stats., to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 235.395 (5), 235.398 (3), or 235.3995 (4) or s. 238.395 (5), 2013 stats., s. 238.398 (3), 2013 stats., or s. 238.3995 (4), 2013 stats., or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

SB148,191 Section 191. 71.28 (1dm) (k) of the statutes is amended to read:

SB148,65,5 71.28 (1dm) (k) If a person who is entitled under s. 235.395 (3) (a) 4. or s. 238.395 (3) (a) 4., 2013 stats., or s. 560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 235.395 (5), 235.398 (3), or 235.3995 (4) or s. 238.395 (5), 2013 stats., s. 238.398 (3), 2013 stats., or s. 238.3995 (4), 2013 stats., or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

SB148,192 Section 192. 71.28 (1dx) (a) 2. of the statutes is amended to read:

SB148,65,13 71.28 (1dx) (a) 2. "Development zone" means a development zone under s. 235.30 or s. 238.30, 2013 stats., or s. 560.70, 2009 stats., a development opportunity zone under s. 235.395 or s. 238.395, 2013 stats., or s. 560.795, 2009 stats., an enterprise development zone under s. 235.397 or s. 238.397, 2013 stats., or s. 560.797, 2009 stats., an agricultural development zone under s. 235.398 or s. 238.398, 2013 stats., or s. 560.798, 2009 stats., or an airport development zone under s. 235.3995 or s. 238.3995, 2013 stats., or s. 560.7995, 2009 stats.

SB148,193 Section 193. 71.28 (1dx) (a) 4. of the statutes is amended to read:

SB148,65,16 71.28 (1dx) (a) 4. "Full-time job" has the meaning given in s. 238.30 235.30 (2m).

SB148,194 Section 194. 71.28 (1dx) (b) (intro.) of the statutes is amended to read:

SB148,66,2 71.28 (1dx) (b) Credit. (intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 235.385 or s. 238.385, 2013 stats., or s. 560.785, 2009 stats., for any taxable year for which the person is entitled under s. 235.395 (3) or s. 238.395 (3), 2013 stats., or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 235.365 (3), 235.397 (4), 235.398 (3), or 235.3995 (4) or s. 238.365 (3), 2013 stats., s. 238.397 (4), 2013 stats., s. 238.398 (3), 2013 stats., or s. 238.3995 (4), 2013 stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:

SB148,195 Section 195. 71.28 (1dx) (b) 2. of the statutes is amended to read:

SB148,66,8 71.28 (1dx) (b) 2. The amount determined by multiplying the amount determined under s. 235.385 (1) (b) or s. 238.385 (1) (b), 2013 stats., or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.

SB148,196 Section 196. 71.28 (1dx) (b) 3. of the statutes is amended to read:

SB148,66,14 71.28 (1dx) (b) 3. The amount determined by multiplying the amount determined under s. 235.385 (1) (c) or s. 238.385 (1) (c), 2013 stats., or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created 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) for those jobs.

SB148,197 Section 197. 71.28 (1dx) (b) 4. of the statutes is amended to read:

SB148,66,23 71.28 (1dx) (b) 4. The amount determined by multiplying the amount determined under s. 235.385 (1) (bm) or s. 238.385 (1) (bm), 2013 stats., or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 235.385 or s. 238.385, 2013 stats., 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. 235.397 or s. 238.397, 2013 stats., 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) for those jobs.

SB148,198 Section 198. 71.28 (1dx) (b) 5. of the statutes is amended to read: