SB21: Bill Text

SB21,2144 Section 2144. 71.07 (2dx) (b) (intro.), 2., 3., 4. and 5. of the statutes are amended to read:

SB21,851,2 71.07 (2dx) (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 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:

SB21,851,7 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.

SB21,851,12 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.

SB21,851,20 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. (2dj), 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.

SB21,852,2 5. 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 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. (2dj), 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.

SB21,2145 Section 2145. 71.07 (2dx) (be) of the statutes is amended to read:

SB21,852,9 71.07 (2dx) (be) Offset. A claimant 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 any credits claimed under this subsection, including any credits carried over, against the amount of the tax otherwise due under this subchapter attributable to all of the claimant's income and against the tax attributable to income from directly related business operations of the claimant.

SB21,2146 Section 2146. 71.07 (2dx) (bg) of the statutes is amended to read:

SB21,852,22 71.07 (2dx) (bg) Other entities. For claimants 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., partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and 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 company shall compute the amount of the credit that may be claimed by each of its shareholders, partners, or members and shall provide that information to each of 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.

SB21,2147 Section 2147. 71.07 (2dx) (c) of the statutes is amended to read:

SB21,853,11 71.07 (2dx) (c) Credit precluded. If the certification of a person for tax benefits 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., is revoked, or if the person becomes ineligible for tax benefits under s. 235.395 (3) or s. 238.395 (3), 2013 stats., or s. 560.795 (3), 2009 stats., that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.

SB21,2148 Section 2148. 71.07 (2dx) (d) of the statutes is amended to read:

SB21,853,22 71.07 (2dx) (d) Carry-over precluded. If a person who 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 (4), 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., for tax benefits 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.

SB21,2149 Section 2149. 71.07 (2dx) (e) of the statutes is renumbered 71.07 (2dx) (e) 1. and amended to read:

SB21,854,5 71.07 (2dx) (e) 1. 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. Subsection (2dj) (c), as it applies to the credit under sub. (2dj), 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 department of commerce's verification of their expenses.

SB21,2150 Section 2150. 71.07 (2dx) (e) 2. of the statutes is created to read:

SB21,854,15 71.07 (2dx) (e) 2. The credit under this subsection may not be claimed by partnerships, limited liability companies and tax-option corporations 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 shall provide that information to each of its shareholders, partners or members. That credit may be claimed by partners, members of limited liability companies and shareholders of tax-option corporations in proportion to their ownership interests.

SB21,2151 Section 2151. 71.07 (2dy) (a) of the statutes is amended to read:

SB21,854,20 71.07 (2dy) (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection and is certified under s. 235.301 (2) or s. 238.301 (2), 2013 stats., or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 235.303 or s. 238.303, 2013 stats., or s. 560.703, 2009 stats.

SB21,2152 Section 2152. 71.07 (2dy) (b) of the statutes is amended to read:

SB21,855,2 71.07 (2dy) (b) Filing claims. Subject to the limitations under this subsection and ss. 235.301 to 235.306 or ss. 238.301 to 238.306 , 2013 stats., or ss. 560.701 to 560.706, 2009 stats., for taxable years beginning after December 31, 2008, and before January 1, 2016, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to the amount of the tax, the amount authorized for the claimant under s. 235.303 or s. 238.303, 2013 stats., or s. 560.703, 2009 stats.

SB21,2153 Section 2153. 71.07 (2dy) (c) 1. of the statutes is amended to read:

SB21,855,8 71.07 (2dy) (c) 1. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification under s. 235.301 (2) or s. 238.301 (2), 2013 stats., or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 235.303 (3) or s. 238.303 (3), 2013 stats., or s. 560.703 (3), 2009 stats.

SB21,2154 Section 2154. 71.07 (2dy) (c) 2. of the statutes is amended to read:

SB21,855,18 71.07 (2dy) (c) 2. 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 authorization to claim tax benefits under s. 235.303 or s. 238.303, 2013 stats., or s. 560.703, 2009 stats. 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.

SB21,2155 Section 2155. 71.07 (2dy) (d) 2. of the statutes is amended to read:

SB21,856,5 71.07 (2dy) (d) 2. If a claimant's certification is revoked under s. 235.305 or s. 238.305, 2013 stats., or s. 560.705, 2009 stats., or if a claimant becomes ineligible for tax benefits under s. 235.302 or s. 238.302, 2013 stats., or s. 560.702, 2009 stats., the claimant may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years and the claimant may not carry over unused credits from previous years to offset the tax imposed under s. 71.02 or 71.08 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years.

SB21,2156 Section 2156. 71.07 (2dy) (d) 4. of the statutes is created to read:

SB21,856,9 71.07 (2dy) (d) 4. Credits claimed under this subsection for taxable years beginning after December 31, 2008, and before January 1, 2016, may be carried forward for taxable years beginning after December 31, 2015.

SB21,2157 Section 2157. 71.07 (3g) (a) (intro.) of the statutes is amended to read:

SB21,856,16 71.07 (3g) (a) (intro.) Subject to the limitations under this subsection and ss. 73.03 (35m) and 235.23 and s. 238.23, 2013 stats., and s. 560.96, 2009 stats., a business that is certified under s. 235.23 (3) or s. 238.23 (3), 2013 stats., or s. 560.96 (3), 2009 stats., may claim as a credit against the taxes imposed under s. 71.02 an amount equal to the sum of the following, as established under s. 235.23 (3) (c) or s. 238.23 (3) (c), 2013 stats., or s. 560.96 (3) (c), 2009 stats.:

SB21,2158 Section 2158. 71.07 (3g) (b) of the statutes is amended to read:

SB21,856,20 71.07 (3g) (b) The department of revenue shall notify the department of commerce or the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority of all claims under this subsection.

SB21,2159 Section 2159. 71.07 (3g) (e) 2. of the statutes is amended to read:

SB21,856,25 71.07 (3g) (e) 2. The investments that relate to the amount described under par. (a) 2. for which a claimant makes a claim under this subsection must be retained for use in the technology zone for the period during which the claimant's business is certified under s. 235.23 (3) or s. 238.23 (3), 2013 stats., or s. 560.96 (3), 2009 stats.

SB21,2160 Section 2160. 71.07 (3g) (f) 1. of the statutes is amended to read:

SB21,857,5 71.07 (3g) (f) 1. A copy of the verification that the claimant's business is certified under s. 235.23 (3) or s. 238.23 (3), 2013 stats., or s. 560.96 (3), 2009 stats., and that the business has entered into an agreement under s. 235.23 (3) (d) or s. 238.23 (3) (d), 2013 stats., or s. 560.96 (3) (d), 2009 stats.

SB21,2161 Section 2161. 71.07 (3g) (f) 2. of the statutes is amended to read:

SB21,857,10 71.07 (3g) (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 described under par. (a) 2. and verifying that the investment fulfills the requirement under par. (e) 2.

SB21,2162 Section 2162. 71.07 (3q) (a) 1. of the statutes is amended to read:

SB21,857,13 71.07 (3q) (a) 1. "Claimant" means a person certified to receive tax benefits under s. 235.16 (2) or s. 238.16 (2), 2013 stats., or s. 560.2055 (2), 2009 stats.

SB21,2163 Section 2163. 71.07 (3q) (a) 2. of the statutes is amended to read:

SB21,857,20 71.07 (3q) (a) 2. "Eligible employee" means, for taxable years beginning before January 1, 2011, an eligible employee under s. 560.2055 (1) (b), 2009 stats., who satisfies the wage requirements under s. 560.2055 (3) (a) or (b), 2009 stats., or, for taxable years beginning after December 31, 2010, an eligible employee under s. 238.16 235.16 (1) (b) who satisfies the wage requirements under s. 238.16 235.16 (3) (a) or (b).

SB21,2164 Section 2164. 71.07 (3q) (b) (intro.) of the statutes is amended to read:

SB21,858,2 71.07 (3q) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection and s. 235.16 or s. 238.16, 2013 stats., or s. 560.2055, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2016, a claimant may claim as a credit against the taxes imposed under ss. 71.02 and 71.08 any of the following:

SB21,2165 Section 2165. 71.07 (3q) (b) 1. of the statutes is amended to read:

SB21,858,8 71.07 (3q) (b) 1. The amount of wages that the claimant paid to an eligible employee in the taxable year, not to exceed 10 percent of such wages, as determined by the Forward Wisconsin Development Authority under s. 235.16 or the Wisconsin Economic Development Corporation under s. 238.16, 2013 stats., or the department of commerce under s. 560.2055, 2009 stats.

SB21,2166 Section 2166. 71.07 (3q) (b) 2. of the statutes is amended to read:

SB21,858,13 71.07 (3q) (b) 2. The amount of the costs incurred by the claimant in the taxable year, as determined under s. 235.16 or s. 238.16, 2013 stats., or s. 560.2055, 2009 stats., to undertake the training activities described under s. 235.16 (3) (c) or s. 238.16 (3) (c), 2013 stats., or s. 560.2055 (3) (c), 2009 stats.

SB21,2167 Section 2167. 71.07 (3q) (c) 2. of the statutes is amended to read:

SB21,858,18 71.07 (3q) (c) 2. 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. 235.16 (2) or s. 238.16 (2) , 2013 stats., or s. 560.2055 (2), 2009 stats.

SB21,2168 Section 2168. 71.07 (3q) (c) 3. of the statutes is amended to read:

SB21,858,24 71.07 (3q) (c) 3. The maximum amount of credits that may be awarded under this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of any credits reallocated under s. 238.15 (3) (d), 2013 stats., or s. 560.205 (3) (d), 2009 stats.

SB21,2169 Section 2169. 71.07 (3q) (d) 3. of the statutes is created to read:

SB21,859,3 71.07 (3q) (d) 3. Credits claimed under this subsection for taxable years beginning after December 31, 2008, and before January 1, 2016, may be carried forward for taxable years beginning after December 31, 2015.

SB21,2170 Section 2170. 71.07 (3w) (a) 2. of the statutes is amended to read:

SB21,859,7 71.07 (3w) (a) 2. "Claimant" means a person who is certified to claim tax benefits under s. 235.399 (5) or s. 238.399 (5), 2013 stats., or s. 560.799 (5), 2009 stats., and who files a claim under this subsection.

SB21,2171 Section 2171. 71.07 (3w) (a) 3. of the statutes is amended to read:

SB21,859,11 71.07 (3w) (a) 3. "Full-time employee" means a full-time employee, as defined in s. 235.399 (1) (am) or s. 238.399 (1) (am), 2013 stats., or s. 560.799 (1) (am), 2009 stats.

SB21,2172 Section 2172. 71.07 (3w) (a) 4. of the statutes is amended to read:

SB21,859,14 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.

SB21,2173 Section 2173. 71.07 (3w) (a) 5d. of the statutes is amended to read:

SB21,859,18 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.

SB21,2174 Section 2174. 71.07 (3w) (a) 5e. of the statutes is amended to read:

SB21,859,22 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.

SB21,2175 Section 2175. 71.07 (3w) (b) (intro.) of the statutes is amended to read:

SB21,860,2 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:

SB21,2176 Section 2176. 71.07 (3w) (b) 5. of the statutes is amended to read:

SB21,860,6 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.

SB21,2177 Section 2177. 71.07 (3w) (bm) 1. of the statutes is amended to read:

SB21,860,18 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.

SB21,2178 Section 2178. 71.07 (3w) (bm) 2. of the statutes is amended to read:

SB21,861,9 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.

SB21,2179 Section 2179. 71.07 (3w) (bm) 3. of the statutes is amended to read:

SB21,861,17 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.

SB21,2180 Section 2180. 71.07 (3w) (bm) 4. of the statutes is amended to read:

SB21,862,3 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.

SB21,2181 Section 2181. 71.07 (3w) (c) 3. of the statutes is amended to read:

SB21,862,8 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.

SB21,2182 Section 2182. 71.07 (3w) (d) of the statutes is amended to read:

SB21,862,15 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.

SB21,2183 Section 2183. 71.07 (3y) of the statutes is created to read:

SB21,862,17 71.07 (3y) Business development credit. (a) Definitions. In this subsection:

SB21,862,18 1. "Claimant" means a person certified to receive tax benefits under s. 235.308.