Amendment ASA-AB150

AB150-ASA,1154,14 71.45 (2) (a) (intro.) Insurers subject to taxation under this chapter shall pay a tax according to or measured by net income. Such tax is payable under s. 71.44 (1). "Net Except as provided in sub. (5), "net income" of an insurer subject to taxation under this chapter means federal taxable income as determined in accordance with the provisions of the internal revenue code adjusted as follows:

AB150-ASA, s. 3406r Section 3406r. 71.45 (2) (a) 10. of the statutes is amended to read:

AB150-ASA,1154,21 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1di) (1dd) to (1ds) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, limited liability company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (4) and (5).

AB150-ASA, s. 3406v Section 3406v. 71.45 (2) (a) 13. of the statutes is amended to read:

AB150-ASA,1155,10 71.45 (2) (a) 13. By adding or subtracting, as appropriate, the difference between the depreciation deduction under the federal internal revenue code as amended to December 31, 1993 1994, and the depreciation deduction under the federal internal revenue code in effect for the taxable year for which the return is filed, so as to reflect the fact that the insurer may choose between these 2 deductions, except that property first placed in service by the taxpayer on or after January 1, 1983, but before January 1, 1987, that, under s. 71.04 (15) (b) and (br), 1985 stats., is required to be depreciated under the internal revenue code as amended to December 31, 1980, and property first placed in service in taxable year 1981 or thereafter but before January 1, 1987, that, under s. 71.04 (15) (bm), 1985 stats., is required to be depreciated under the internal revenue code as amended to December 31, 1980, shall continue to be depreciated under the internal revenue code as amended to December 31, 1980.

AB150-ASA, s. 3407 Section 3407. 71.45 (5) of the statutes is created to read:

AB150-ASA,1155,18 71.45 (5) Exceptions. The net income of a cooperative sickness care association organized under s. 185.981, or of a service insurance corporation organized under ch. 613, that is derived from a health maintenance organization, as defined in s. 609.01 (2), or a limited service health organization, as defined in s. 609.01 (3), is the net income that would be determined if the cooperative sickness care association or service insurance corporation were subject to federal income taxation and as if that income were that of an insurance company.

AB150-ASA, s. 3407m Section 3407m. 71.47 (1dd) of the statutes is created to read:

AB150-ASA,1155,20 71.47 (1dd) Development zones day care credit. (a) In this subsection:

AB150-ASA,1155,23 1. "Day care center benefits" means benefits provided at a day care facility that is licensed under s. 48.65 or 48.69 and that for compensation provides care for at least 6 children.

AB150-ASA,1156,2 2. "Employment-related day care expenses" means amounts paid or incurred by a claimant for providing or making day care center benefits available to a qualifying child in order to enable a member of a targeted group to be employed by the claimant.

AB150-ASA,1156,4 3. "Qualifying child" means a child of a member of a targeted group who is employed by a claimant.

AB150-ASA,1156,5 4. "Member of a targeted group" means a person under sub. (1dj) (am) 1.

AB150-ASA,1156,13 (b) Except as provided in s. 73.03 (35), for any taxable year for which that person is certified under s. 560.765 (3) and begins business operations in a zone under s. 560.71 after the effective date of this paragraph .... [revisor inserts date], entitled under s. 560.795 (3) (a) and begins business operations in a zone under s. 560.795 after the effective date of this paragraph .... [revisor inserts date], or certified under s. 560.797 (4) (a), for each zone for which the person is certified or entitled a person may credit against taxes otherwise due under this subchapter employment-related day care expenses, up to $1,200 for each qualifying child.

AB150-ASA,1156,15 (c) Subsection (1di) (b), (d), (f) and (g), as it applies to the credit under sub. (1di), applies to the credit under this subsection.

AB150-ASA,1156,17 (d) 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.

AB150-ASA,1156,23 (e) The credit under this subsection, as it applies to a person certified under s. 560.765 (3), applies to a person who conducts economic activity in a zone under s. 560.795 (1) and who is entitled to tax benefits under s. 560.795 (3), subject to the limits under s. 560.795 (2). A credit under this subsection may be credited using expenses incurred by a claimant on the effective date of this paragraph .... [revisor inserts date].

AB150-ASA, s. 3407r Section 3407r. 71.47 (1de) of the statutes is created to read:

AB150-ASA,1157,12 71.47 (1de) Development zones environmental remediation credit. (a) Except as provided in s. 73.03 (35), for any taxable year for which a person is certified under s. 560.765 (3) and begins business operations in a zone under s. 560.71 after the effective date of this paragraph .... [revisor inserts date], entitled under s. 560.795 (3) (a) and begins business operations in a zone under s. 560.795 after the effective date of this paragraph .... [revisor inserts date], or certified under s. 560.797 (4) (a), for each zone for which the person is certified or entitled the person may claim as a credit against taxes otherwise due under this subchapter an amount equal to 7.5% of the amount that the person expends to remove or contain environmental pollution, as defined in s. 144.01 (3), in the zone or to restore soil or groundwater that is affected by environmental pollution, as defined in s. 144.01 (3), in the zone if the person fulfills all of the following requirements:

AB150-ASA,1157,16 1. Begins the work, other than planning and investigating, for which the credit is claimed after the area that includes the site where the work is done is designated a development zone under s. 560.71, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797.

AB150-ASA,1157,19 2. Completes the project for which the credit is claimed after the claimant is certified under s. 560.765 (3), entitled under s. 560.795 (3) (a) or certified under s. 560.797 (4) (a).

AB150-ASA,1157,21 (b) Subsection (1di) (b), (d), (f) and (g), as it applies to the credit under s. 71.07 (2di), applies to the credit under this subsection.

AB150-ASA,1157,23 (c) 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.

AB150-ASA,1158,4 (d) The credit under this subsection, as it applies to a person certified under s. 560.765 (3), applies to a person who conducts economic activity in a zone under s. 560.795 (1) and who is entitled to tax benefits under s. 560.795 (3), subject to the limits under s. 560.795 (2). A credit under this subsection may be credited using expenses incurred by a claimant on the effective date of this paragraph .... [revisor inserts date].

AB150-ASA, s. 3408f Section 3408f. 71.47 (1dj) (am) 4b. of the statutes is created to read:

AB150-ASA,1158,10 71.47 (1dj) (am) 4b. Modify "qualified wages", as defined in section 51 (b) of the internal revenue code, to include up to $2,500 in day care center benefits, as defined in sub. (1dd) (a) 1., if the claimant begins operations in a zone under s. 560.71 or 560.795 after the effective date of this subdivision .... [revisor inserts date], or if the claimant conducts economic activity in a zone under s. 560.797.

AB150-ASA, s. 3408g Section 3408g. 71.47 (1dj) (d) of the statutes is amended to read:

AB150-ASA,1158,17 71.47 (1dj) (d) If the allowable amount of the credit under par. (am) exceeds the taxes otherwise due under this chapter on or measured by the claimant's income, the amount of the credit not used as an offset against those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft unless the claimant does not fulfill the requirements under sub. (1di) (b) 2. and bases the claim on activity in a zone under s. 560.797.

AB150-ASA, s. 3410m Section 3410m. 71.47 (1dj) (f) of the statutes is amended to read:

AB150-ASA,1158,20 71.47 (1dj) (f) The rules under sub. (1di) (b), (f) and (g) as they apply to the credit under that subsection apply to the credit under this subsection.

AB150-ASA, s. 3410r Section 3410r. 71.47 (1ds) (c) of the statutes is amended to read:

AB150-ASA,1159,2 71.47 (1ds) (c) If the allowable amount of the credit under par. (b) exceeds the taxes otherwise due under this chapter on or measured by the claimant's income, the amount of the credit not used as an offset against those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft unless the claimant does not fulfill the requirements under sub. (1di) (b) 2. and bases the claim on activity in a zone under s. 560.797.

AB150-ASA, s. 3411m Section 3411m. 71.47 (1ds) (e) of the statutes is amended to read:

AB150-ASA,1159,5 71.47 (1ds) (e) The rules under sub. (1di) (b), (f) and (g) as they apply to the credit under that subsection apply to the credit under this subsection.

AB150-ASA, s. 3412m Section 3412m. 71.47 (6) (a) of the statutes is amended to read:

AB150-ASA,1159,13 71.47 (6) (a) Any person may credit against taxes otherwise due under this chapter, up to the amount of those taxes, an amount equal to 5% of the costs of qualified rehabilitation expenditures, as defined in section 48 (g) (2) 47 (c) (2) of the internal revenue code, for certified historic structures on property located in this state if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, and the rehabilitated property is placed in service after June 30, 1989.

AB150-ASA, s. 3412r Section 3412r. 71.49 (1) (en) and (eo) of the statutes are created to read:

AB150-ASA,1159,15 71.49 (1) (en) Development zones day care credit under s. 71.47 (1dd).

AB150-ASA,1159,16 (eo) Development zones environmental remediation credit under s. 71.47 (1de).

AB150-ASA, s. 3413 Section 3413. 71.52 (6) of the statutes is amended to read:

AB150-ASA,1161,2 71.52 (6) "Income" means the sum of Wisconsin adjusted gross income and the following amounts, to the extent not included in Wisconsin adjusted gross income: maintenance payments (except foster care maintenance and supplementary payments excludable under section 131 of the internal revenue code), support money, cash public assistance and general relief (not including credit granted under this subchapter and amounts under s. 46.27), cash benefits paid by counties under s. 59.07 (154), the gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the federal social security act and veterans disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, nontaxable interest received on state or municipal bonds, worker's compensation, unemployment compensation, the gross amount of "loss of time" insurance, compensation and other cash benefits received from the United States for past or present service in the armed forces, scholarship and fellowship gifts or income, capital gains, gain on the sale of a personal residence excluded under section 121 of the internal revenue code, dividends, income of a nonresident or part-year resident who is married to a full-year resident, housing allowances provided to members of the clergy, the amount by which a resident manager's rent is reduced, nontaxable income of an American Indian, nontaxable income from sources outside this state and nontaxable deferred compensation. Intangible drilling costs, depletion allowances and depreciation, including first-year depreciation allowances under section 179 of the internal revenue code, amortization, contributions to individual retirement accounts under section 219 of the internal revenue code, contributions to Keogh plans, net operating loss carry-forwards and capital loss carry-forwards deducted in determining Wisconsin adjusted gross income shall be added to "income". "Income" does not include gifts from natural persons, cash reimbursement payments made under title XX of the federal social security act, surplus food or other relief in kind supplied by a governmental agency, the gain on the sale of a personal residence deferred under section 1034 of the internal revenue code or nonrecognized gain from involuntary conversions under section 1033 of the internal revenue code. Amounts not included in adjusted gross income but added to "income" under this subsection in a previous year and repaid may be subtracted from income for the year during which they are repaid. A marital property agreement or unilateral statement under ch. 766 has no effect in computing "income" for a person whose homestead is not the same as the homestead of that person's spouse.

AB150-ASA, s. 3414 Section 3414. 71.54 (2) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1161,8 71.54 (2) (a) (intro.) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received general relief from any municipality or county under s. 59.07 (154) equal to or in excess of $400, or received assistance under s. 49.19, except assistance received:

AB150-ASA, s. 3414m Section 3414m. 71.55 (1) of the statutes is amended to read:

AB150-ASA,1161,13 71.55 (1) Application of credit against any liability. The amount of any claim otherwise payable under this subchapter may be applied by the department of revenue against any amount certified to the department under s. 71.93 or 71.935 or may be credited under s. 71.80 (3) or (3m).

AB150-ASA, s. 3415r Section 3415r. 71.61 (1) of the statutes is amended to read:

AB150-ASA,1161,18 71.61 (1) Department may apply credit against any tax liability. The amount of any claim otherwise payable under this subchapter may be applied by the department against any amount certified to the department under s. 71.93 or 71.935 or may be credited under s. 71.80 (3) or (3m).

AB150-ASA, s. 3417m Section 3417m. 71.67 (4) (a) of the statutes is amended to read:

AB150-ASA,1161,25 71.67 (4) (a) The administrator of the lottery division in the gaming commission department under ch. 565 shall withhold from any lottery prize of $2,000 or more an amount determined by multiplying the amount of the prize by the highest rate applicable to individuals under s. 71.06 (1). The administrator shall deposit the amounts withheld, on a monthly basis, as would an employer depositing under s. 71.65 (3) (a).

AB150-ASA, s. 3419 Section 3419. 71.67 (6) of the statutes is created to read:

AB150-ASA,1162,3 71.67 (6) Withholding registration; fee. Each employer who is required to withhold under this chapter shall obtain a valid certificate under s. 73.03 (50).

AB150-ASA, s. 3419e Section 3419e. 71.74 (13) (a) of the statutes is amended to read:

AB150-ASA,1162,16 71.74 (13) (a) If the tax is increased the department shall proceed to collect the additional tax in the same manner as other income or franchise taxes are collected. If the income or franchise taxes are decreased upon direction of the department the state treasurer secretary of administration shall refund to the taxpayer such part of the overpayment as was actually paid in cash, and the certification of the overpayment by the department shall be sufficient authorization to the treasurer secretary of administration for the refunding of the overpayment. No refund of income or franchise tax shall be made by the treasurer secretary of administration unless the refund is so certified. The part of the overpayment paid to the county and the local taxation district shall be deducted by the state treasurer secretary of administration in the treasurer's next settlement with the county and local treasurer.

AB150-ASA, s. 3419g Section 3419g. 71.74 (13) (b) of the statutes is amended to read:

AB150-ASA,1163,2 71.74 (13) (b) No action or proceeding whatsoever shall be brought against the state or the treasurer thereof secretary of administration for the recovery, refund or credit of any income or surtaxes; except in case the state treasurer secretary of administration shall neglect or refuse for a period of 60 days to refund any overpayment of any income or surtaxes certified, the taxpayer may maintain an action to collect the overpayment against the treasurer secretary of administration so neglecting or refusing to refund such overpayment, without filing a claim for refund with such treasurer the secretary of administration, provided that such action shall be commenced within one year after the certification of such overpayment.

AB150-ASA, s. 3419j Section 3419j. 71.74 (14) of the statutes is amended to read:

AB150-ASA,1163,19 71.74 (14) Additional remedy to collect tax. The department of revenue may also proceed under s. 71.91 (5) for the collection of any additional assessment of income or franchise taxes or surtaxes, after notice thereof has been given under sub. (11) and before the same shall have become delinquent, when it has reasonable grounds to believe that the collection of such additional assessment will be jeopardized by delay. In such cases notice of the intention to so proceed shall be given by registered mail to the taxpayer, and the warrant of the department of revenue shall not issue if the taxpayer within 10 days after such notice furnishes a bond in such amount, not exceeding double the amount of the tax, and with such sureties as the department of revenue shall approve, conditioned upon the payment of so much of the additional taxes as shall finally be determined to be due, together with interest thereon as provided by s. 71.82 (1) (a). Nothing in this subsection shall affect the review of additional assessments provided by ss. 71.88 (1) (a) and (2) (a), 71.89 (2), 73.01 and 73.015, and any amounts collected under this subsection shall be deposited with the state treasurer secretary of administration and disbursed after final determination of the taxes as are amounts deposited under s. 71.90 (2).

AB150-ASA, s. 3419m Section 3419m. 71.75 (1) of the statutes is amended to read:

AB150-ASA,1163,25 71.75 (1) Except as provided in ss. 46.255, 71.77 (5) and (7) (b) and 71.93 and 71.935, the provisions for refunds and credits provided in this section shall be the only method for the filing and review of claims for refund of income and surtaxes, and no person may bring any action or proceeding for the recovery of such taxes other than as provided in this section.

AB150-ASA, s. 3419p Section 3419p. 71.75 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1164,7 71.75 (1) Except as provided in ss. 46.255 49.855, 71.77 (5) and (7) (b) and 71.935, the provisions for refunds and credits provided in this section shall be the only method for the filing and review of claims for refund of income and surtaxes, and no person may bring any action or proceeding for the recovery of such taxes other than as provided in this section.

AB150-ASA, s. 3420m Section 3420m. 71.75 (9) of the statutes is amended to read:

AB150-ASA,1164,10 71.75 (9) All refunds under this chapter are subject to attachment under ss. 46.255 and, 71.93 and 71.935.

AB150-ASA, s. 3420p Section 3420p. 71.75 (9) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1164,14 71.75 (9) All refunds under this chapter are subject to attachment under ss. 46.255 49.855, 71.93 and 71.935.

AB150-ASA, s. 3420v Section 3420v. 71.78 (4) (g) of the statutes is amended to read:

AB150-ASA,1164,20 71.78 (4) (g) Employes of this state, to the extent that the department of revenue deems the examination necessary for the employes to perform their duties under contracts or agreements between the department and any other department, division, bureau, board or commission of this state relating to the administration of tax laws or child and spousal support enforcement under s. 46.25 49.143.

AB150-ASA, s. 3420x Section 3420x. 71.78 (4) (L) of the statutes is amended to read:

AB150-ASA,1164,24 71.78 (4) (L) The administrator of the lottery division in the gaming commission department for the purpose of withholding lottery winnings under s. 565.30 (5).

AB150-ASA, s. 3422 Section 3422. 71.78 (4) (n) of the statutes is created to read:

AB150-ASA,1165,2 71.78 (4) (n) The state public defender for the purpose of seeking payment for legal representation by the state public defender.

AB150-ASA, s. 3423 Section 3423. 71.78 (5) of the statutes is amended to read:

AB150-ASA,1165,8 71.78 (5) Agreement with department. Copies of returns and claims specified in sub. (1) and related schedules, exhibits, writings or audit reports shall not be furnished to the persons listed under sub. (4), except persons under sub. (4) (e) and, (k) and (n) or under an agreement between the department of revenue and another agency of government.

AB150-ASA, s. 3423g Section 3423g. 71.78 (9) of the statutes is amended to read:

AB150-ASA,1165,13 71.78 (9) (title) Disclosure of debtor address to state agency. The department of revenue may supply the address of a debtor to an agency certifying a debt of that debtor under s. 71.93 or to a municipality or county certifying a debt of a debtor under s. 71.935.

AB150-ASA, s. 3423mn Section 3423mn. 71.80 (3) of the statutes is amended to read:

AB150-ASA,1166,3 71.80 (3) Crediting of overpayments on individual or separate returns. In the case of any overpayment, refundable credit or refund on an individual or separate return, the department of revenue, within the applicable period of limitations, may credit the amount of overpayment, refundable credit or refund including any interest allowed, against any liability in respect to any tax collected by the department, a debt under s. 71.93 or 71.935 or a certification under s. 46.255 on the part of the person who made the overpayment or received the refundable credit or the refund and shall refund any balance to the person. The department shall presume that the overpayment, refundable credit or refund is nonmarital property of the filer. Within 2 years after the crediting, the spouse or former spouse of the person filing the return may file a claim for a refund of amounts credited by the department if the spouse or former spouse shows by clear and convincing evidence that all or part of the state tax overpayment, refundable credit or refund was nonmarital property of the nonobligated spouse.

AB150-ASA, s. 3423mp Section 3423mp. 71.80 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1166,19 71.80 (3) Crediting of overpayments on individual or separate returns. In the case of any overpayment, refundable credit or refund on an individual or separate return, the department of revenue, within the applicable period of limitations, may credit the amount of overpayment, refundable credit or refund including any interest allowed, against any liability in respect to any tax collected by the department, a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 on the part of the person who made the overpayment or received the refundable credit or the refund and shall refund any balance to the person. The department shall presume that the overpayment, refundable credit or refund is nonmarital property of the filer. Within 2 years after the crediting, the spouse or former spouse of the person filing the return may file a claim for a refund of amounts credited by the department if the spouse or former spouse shows by clear and convincing evidence that all or part of the state tax overpayment, refundable credit or refund was nonmarital property of the nonobligated spouse.

AB150-ASA, s. 3423s Section 3423s. 71.80 (3m) (a) of the statutes is amended to read:

AB150-ASA,1167,2 71.80 (3m) (a) Against any liability of either spouse or both spouses in respect to an amount owed the department, a certification under s. 46.255 that is subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55 (2) (b) and that was incurred during marriage by a spouse after December 31, 1985, or after both spouses are domiciled in this state, whichever is later, except as provided in s. 71.10 (6) (a) and (b) and (6m).

AB150-ASA, s. 3423sc Section 3423sc. 71.80 (3m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1167,10 71.80 (3m) (a) Against any liability of either spouse or both spouses in respect to an amount owed the department, a certification under s. 46.255 49.855 that is subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55 (2) (b) and that was incurred during marriage by a spouse after December 31, 1985, or after both spouses are domiciled in this state, whichever is later, except as provided in s. 71.10 (6) (a) and (b) and (6m).

AB150-ASA, s. 3423t Section 3423t. 71.80 (3m) (b) 2. of the statutes is amended to read:

AB150-ASA,1167,13 71.80 (3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification under s. 46.255 if that debt or certification is not subject to s. 766.55 (2) (b).

AB150-ASA, s. 3423tm Section 3423tm. 71.80 (3m) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1167,17 71.80 (3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).

AB150-ASA, s. 3424dm Section 3424dm. 71.88 (1) (a) of the statutes is amended to read:

AB150-ASA,1168,3 71.88 (1) (a) Contested assessments and claims for refund. Except for refunds set off under s. 71.93 in respect to which appeal is to the agency to which the debt is owed, except for refunds set off under s. 71.935 in respect to which an appeal is held under procedures that the department of revenue establishes and except for refunds set off under s. 46.255 in respect to which a hearing is held before the circuit court, any person feeling aggrieved by a notice of additional assessment, refund, or notice of denial of refund may, within 60 days after receipt of the notice, petition the department of revenue for redetermination. A petition or an appeal by one spouse is a petition or an appeal by both spouses. The department shall make a redetermination on the petition within 6 months after it is filed.