SB468: Bill Text

SB468,63,24 71.28 (3g) (b) The department of revenue shall notify the department of commerce or the Wisconsin Economic Development Corporation department of economic opportunity of all claims under this subsection.

SB468,187 Section 187. 71.28 (3g) (e) 2. of the statutes is amended to read:

SB468,64,4 71.28 (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. 555.23 (3) or s. 238.23 (3), 2013 stats., or s. 560.96 (3), 2009 stats.

SB468,188 Section 188. 71.28 (3g) (f) 1. of the statutes is amended to read:

SB468,64,9 71.28 (3g) (f) 1. A copy of the verification that the claimant's business is certified under s. 555.23 (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. 555.23 (3) (d) or s. 238.23 (3) (d), 2013 stats., or s. 560.96 (3) (d), 2009 stats.

SB468,189 Section 189. 71.28 (3g) (f) 2. of the statutes is amended to read:

SB468,64,14 71.28 (3g) (f) 2. A statement from the department of commerce or the Wisconsin Economic Development Corporation or the department of economic opportunity verifying the purchase price of the investment described under par. (a) 2. and verifying that the investment fulfills the requirement under par. (e) 2.

SB468,190 Section 190. 71.28 (3q) (a) 1. of the statutes is amended to read:

SB468,64,17 71.28 (3q) (a) 1. "Claimant" means a person certified to receive tax benefits under s. 555.16 (2) or s. 238.16 (2), 2013 stats., or s. 560.2055 (2), 2009 stats.

SB468,191 Section 191. 71.28 (3q) (a) 2. of the statutes is amended to read:

SB468,64,24 71.28 (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. 555.16 (1) (b) or s. 238.16 (1) (b), 2013 stats., who satisfies the wage requirements under s. 555.16 (3) (a) or (b) or s. 238.16 (3) (a) or (b), 2013 stats.

SB468,192 Section 192. 71.28 (3q) (b) of the statutes is amended to read:

SB468,65,4 71.28 (3q) (b) Filing claims. Subject to the limitations provided in this subsection and s. 555.16 or s. 238.16, 2013 stats., or s. 560.2055, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the taxes imposed under s. 71.23 any of the following:

SB468,65,7 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 under s. 555.16 or s. 238.16, 2013 stats., or s. 560.2055, 2009 stats.

SB468,65,11 2. The amount of the costs incurred by the claimant in the taxable year, as determined under s. 555.16 or s. 238.16, 2013 stats., or s. 560.2055, 2009 stats., to undertake the training activities described under s. 555.16 (3) (c) or s. 238.16 (3) (c), 2013 stats., or s. 560.2055 (3) (c), 2009 stats.

SB468,193 Section 193. 71.28 (3q) (c) 2. of the statutes is amended to read:

SB468,65,16 71.28 (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. 555.16 (2) or s. 238.16 (2) , 2013 stats., or s. 560.2055 (2), 2009 stats.

SB468,194 Section 194. 71.28 (3q) (c) 3. of the statutes is amended to read:

SB468,65,22 71.28 (3q) (c) 3. The maximum amount of credits that may be awarded under this subsection and ss. 71.07 (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 555.15 (3) (d) or s. 238.15 (3) (d), 2013 stats., or s. 560.205 (3) (d), 2009 stats.

SB468,195 Section 195. 71.28 (3w) (a) 2. of the statutes is amended to read:

SB468,66,3 71.28 (3w) (a) 2. "Claimant" means a person who is certified to claim tax benefits under s. 555.399 (5) or s. 238.399 (5), 2013 stats., or s. 560.799 (5), 2009 stats., and who files a claim under this subsection.

SB468,196 Section 196. 71.28 (3w) (a) 3. of the statutes is amended to read:

SB468,66,7 71.28 (3w) (a) 3. "Full-time employee" means a full-time employee, as defined in s. 555.399 (1) (am) or s. 238.399 (1) (am), 2013 stats., or s. 560.799 (1) (am), 2009 stats.

SB468,197 Section 197. 71.28 (3w) (a) 4. of the statutes is amended to read:

SB468,66,10 71.28 (3w) (a) 4. "Enterprise zone" means a zone designated under s. 555.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB468,198 Section 198. 71.28 (3w) (a) 5d. of the statutes is amended to read:

SB468,66,14 71.28 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined under s. 555.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB468,199 Section 199. 71.28 (3w) (a) 5e. of the statutes is amended to read:

SB468,66,18 71.28 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined under s. 555.399 or s. 238.399, 2013 stats., or s. 560.799, 2009 stats.

SB468,200 Section 200. 71.28 (3w) (b) (intro.) of the statutes is amended to read:

SB468,66,23 71.28 (3w) (b) Filing claims; payroll. (intro.) Subject to the limitations provided in this subsection and s. 555.399 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. 71.23 an amount calculated as follows:

SB468,201 Section 201. 71.28 (3w) (b) 5. of the statutes is amended to read:

SB468,67,3 71.28 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined under s. 555.399 or s. 238.399 , 2013 stats., or s. 560.799, 2009 stats., not to exceed 7 percent.

SB468,202 Section 202. 71.28 (3w) (bm) 1. of the statutes is amended to read:

SB468,67,15 71.28 (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. 555.399 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. 71.23 an amount equal to a percentage, as determined under s. 555.399 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.

SB468,203 Section 203. 71.28 (3w) (bm) 2. of the statutes is amended to read:

SB468,68,6 71.28 (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. 555.399 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. 71.23 an amount equal to the percentage, as determined under s. 555.399 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.

SB468,204 Section 204. 71.28 (3w) (bm) 3. of the statutes is amended to read:

SB468,68,14 71.28 (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. 555.399 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. 71.23 up to 10 percent of the claimant's significant capital expenditures, as determined under s. 555.399 (5m) or s. 238.399 (5m) , 2013 stats., or s. 560.799 (5m), 2009 stats.

SB468,205 Section 205. 71.28 (3w) (bm) 4. of the statutes is amended to read:

SB468,68,25 71.28 (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. 555.399 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. 71.23, 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. 555.399 (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.

SB468,206 Section 206. 71.28 (3w) (c) 3. of the statutes is amended to read:

SB468,69,5 71.28 (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. 555.399 (5) or (5m) or s. 238.399 (5) or (5m), 2013 stats., or s. 560.799 (5) or (5m), 2009 stats.

SB468,207 Section 207. 71.28 (3w) (d) of the statutes is amended to read:

SB468,69,11 71.28 (3w) (d) Administration. Subsection (4) (g) and (h), as it applies to the credit under sub. (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 department of economic opportunity.

SB468,208 Section 208. 71.28 (3y) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,69,15 71.28 (3y) (a) 1. "Claimant" means a person certified to receive tax benefits under s. 238.308 555.308.

SB468,209 Section 209. 71.28 (3y) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,69,19 71.28 (3y) (a) 2. "Eligible employee" has the meaning given in s. 238.308 555.308 (1) (a).

SB468,210 Section 210. 71.28 (3y) (b) (intro.) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,69,25 71.28 (3y) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection and s. 238.308 555.308, for taxable years beginning after December 31, 2015, a claimant may claim as a credit against the tax imposed under s. 71.23 all of the following:

SB468,211 Section 211. 71.28 (3y) (b) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,70,6 71.28 (3y) (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 Wisconsin Economic Development Corporation department of economic opportunity under s. 238.308 555.308.

SB468,212 Section 212. 71.28 (3y) (b) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,70,13 71.28 (3y) (b) 2. In addition to any amount claimed for an eligible employee under subd. 1., the amount of wages that the claimant paid to the eligible employee in the taxable year, not to exceed 5 percent of such wages, if the eligible employee is employed in an economically distressed area, as determined by the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,213 Section 213. 71.28 (3y) (b) 3. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,70,19 71.28 (3y) (b) 3. The amount of training costs that the claimant incurred under s. 238.308 555.308 (4) (a) 3., not to exceed 50 percent of such costs, as determined by the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,214 Section 214. 71.28 (3y) (b) 4. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,71,2 71.28 (3y) (b) 4. The amount of the personal property investment, not to exceed 3 percent of such investment, and the amount of the real property investment, not to exceed 5 percent of such investment, in a capital investment project that satisfies s. 238.308 555.308 (4) (a) 4., as determined by the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,215 Section 215. 71.28 (3y) (b) 5. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,71,12 71.28 (3y) (b) 5. An amount, as determined by the Wisconsin Economic Development Corporation department of economic opportunity under s. 238.308 555.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

SB468,216 Section 216. 71.28 (3y) (c) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,71,17 71.28 (3y) (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. 238.308 555.308.

SB468,217 Section 217. 71.28 (4) (am) 1. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB468,72,20 71.28 (4) (am) 1. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. II of ch. 555 or subch. II of ch. 238, 2013 stats., or subch. VI of ch. 560, 2009 stats., except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include research expenses incurred before the claimant is certified for tax benefits under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., or the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1. and 2., (dh) 1., 2., and 3., (dj), and (dk) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., and a statement from the department of commerce or the Wisconsin Economic Development Corporation or the department of economic opportunity verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this subdivision. Section 41 (h) of the Internal Revenue Code does not apply to the credit under this subdivision.

SB468,218 Section 218. 71.28 (4) (am) 2. of the statutes is amended to read:

SB468,73,7 71.28 (4) (am) 2. The development zones credit under subd. 1., as it applies to a person certified under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., applies to a corporation that conducts economic activity in a development opportunity zone under s. 555.395 (1) or s. 238.395 (1), 2013 stats., or s. 560.795 (1), 2009 stats., and that is entitled to tax benefits under s. 555.395 (3) or s. 238.395 (3), 2013 stats., or s. 560.795 (3), 2009 stats., subject to the limits under s. 555.395 (2) or s. 238.395 (2), 2013 stats., or s. 560.795 (2), 2009 stats. A development opportunity zone credit under this subdivision may be calculated using expenses incurred by a claimant beginning on the effective date under s. 555.395 (2) (a) or s. 238.395 (2) (a), 2013 stats., or s. 560.795 (2) (a), 2009 stats., of the development opportunity zone designation of the area in which the claimant conducts economic activity.

SB468,219 Section 219. 71.28 (5b) (a) 2. of the statutes is amended to read:

SB468,73,10 71.28 (5b) (a) 2. "Fund manager" means an investment fund manager certified under s. 555.15 (2) or s. 238.15 (2), 2013 stats., or s. 560.205 (2), 2009 stats.

SB468,220 Section 220. 71.28 (5b) (b) 1. of the statutes is amended to read:

SB468,73,18 71.28 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject to the limitations provided under this subsection and s. 555.15 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 s. 71.23, 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. 555.15 (1) or s. 238.15 (1), 2013 stats., or s. 560.205 (1), 2009 stats.

SB468,221 Section 221. 71.28 (5b) (b) 2. of the statutes is amended to read:

SB468,74,3 71.28 (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 department of economic opportunity the names and tax identification numbers of the claimants, the amounts of the credits allocated to the claimants, and the computation of the allocations.

SB468,222 Section 222. 71.28 (5b) (d) 3. of the statutes is amended to read:

SB468,74,9 71.28 (5b) (d) 3. Except as provided under s. 238.15 555.15 (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.

SB468,223 Section 223. 71.28 (6) (c) (intro.) of the statutes is amended to read:

SB468,74,15 71.28 (6) (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. 238.17 555.17. For certification purposes under s. 238.17 555.17, the claimant shall provide to the Wisconsin Economic Development Corporation department of economic opportunity all of the following:

SB468,224 Section 224. 71.47 (1dm) (a) 1. of the statutes is amended to read:

SB468,74,21 71.47 (1dm) (a) 1. "Certified" means entitled under s. 555.395 (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. 555.395 (5), 555.398 (3), or 555.3995 (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.

SB468,225 Section 225. 71.47 (1dm) (a) 3. of the statutes is amended to read:

SB468,75,2 71.47 (1dm) (a) 3. "Development zone" means a development opportunity zone under s. 555.395 (1) (e) and (f) or 555.398 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. 555.3995 or s. 238.3995, 2013 stats., or s. 560.7995, 2009 stats.

SB468,226 Section 226. 71.47 (1dm) (a) 4. of the statutes is amended to read:

SB468,75,13 71.47 (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 department of economic opportunity 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.

SB468,227 Section 227. 71.47 (1dm) (f) 1. of the statutes is amended to read:

SB468,75,19 71.47 (1dm) (f) 1. A copy of the verification that the claimant may claim tax benefits under s. 555.395 (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. 555.395 (5), 555.398 (3), or 555.3995 (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.

SB468,228 Section 228. 71.47 (1dm) (f) 2. of the statutes is amended to read:

SB468,75,24 71.47 (1dm) (f) 2. A statement from the department of commerce or the Wisconsin Economic Development Corporation or the department of economic opportunity verifying the purchase price of the investment and verifying that the investment fulfills the requirements under par. (b).

SB468,229 Section 229. 71.47 (1dm) (i) of the statutes is amended to read:

SB468,76,15 71.47 (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. 555.395 (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.