AB133-ASA1-AA2,257,109
2. "Degree-granting program" means an education program for which an
10associate, a bachelor's or a graduate degree is awarded upon successful completion.
AB133-ASA1-AA2,257,1411
3. "Qualified postsecondary institution" means a University of Wisconsin
12System institution, a technical college system institution or a regionally accredited
134-year nonprofit college or university having its regional headquarters and principal
14place of business in this state, notwithstanding s. 16.973 (1) (b).
AB133-ASA1-AA2,257,1915
(b) A claimant may claim as a credit against the tax imposed under this
16subchapter an amount equal to 50% of the tuition that the claimant paid or incurred
17during the taxable year for an individual to participate in an education program of
18a qualified postsecondary institution, if the individual is enrolled in a
19degree-granting program.
AB133-ASA1-AA2,257,2220
(c) A claimant may not claim the credit under par. (b) for any tuition amounts
21that the claimant has excluded under s. 71.05 (6) (b) 28. or under section
127 of the
22Internal Revenue Code.
AB133-ASA1-AA2,257,2423
(d) The carry-over provisions of sub. (4) (e) and (f), as they apply to the credit
24under sub. (4), apply to the credit under this subsection.
AB133-ASA1-AA2,258,8
1(e) Partnerships, limited liability companies and tax-option corporations may
2not claim the credit under this subsection, but the eligibility for, and the amount of,
3the credit are based on their payment of tuition under par. (b). A partnership, limited
4liability company or tax-option corporation shall compute the amount of credit that
5each of its partners, members or shareholders may claim and shall provide that
6information to each of them. Partners, members of limited liability companies and
7shareholders of tax-option corporations may claim the credit in proportion to their
8ownership interest.
AB133-ASA1-AA2,258,109
(f) Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies
10to the credit under this subsection.".
AB133-ASA1-AA2,258,1613
71.30
(3) (f) The total of farmers' drought property tax credit under s. 71.28
14(1fd), farmland preservation credit under subch. IX, farmland tax relief credit under
15s. 71.28 (2m)
, education credit under s. 71.28 (5r) and estimated tax payments under
16s. 71.29.".
AB133-ASA1-AA2,259,221
71.362
(1) All tax-option items of nonresident individuals, nonresident estates
22and nonresident trusts derived from a tax-option corporation not requiring
23apportionment under sub. (2) shall follow the situs of the business of the corporation
24from which they are derived
, except that all income that is realized from the sale of
1or purchase and subsequent sale or redemption of lottery prizes if the winning tickets
2were originally bought in this state shall be allocated to this state.
AB133-ASA1-AA2,259,164
71.362
(2) Nonresident individuals, nonresident estates and nonresident
5trusts deriving income from a tax-option corporation which is engaged in business
6within and without this state shall be taxed only on the income of the corporation
7derived from business transacted and property located in this state and losses and
8other items of the corporation deductible by such shareholders shall be limited to
9their proportionate share of the Wisconsin loss or other item
, except that all income
10that is realized from the sale of or purchase and subsequent sale or redemption of
11lottery prizes if the winning tickets were originally bought in this state shall be
12allocated to this state. For purposes of this subsection, all intangible income of
13tax-option corporations passed through to shareholders is business income that
14follows the situs of the business
, except that all income that is realized from the sale
15of or purchase and subsequent sale or redemption of lottery prizes if the winning
16tickets were originally bought in this state shall be allocated to this state.".
AB133-ASA1-AA2,260,1721
71.43
(2) Franchise tax on corporations. For the privilege of exercising its
22franchise
, buying or selling lottery prizes if the winning tickets were originally
23bought in this state or doing business in this state in a corporate capacity, except as
24provided under s. 71.23 (3), every domestic or foreign corporation, except
1corporations specified in ss. 71.26 (1) and 71.45 (1), shall annually pay a franchise
2tax according to or measured by its entire Wisconsin net income of the preceding
3taxable year at the rates set forth in s. 71.46 (2). In addition, except as provided in
4ss. 71.23 (3), 71.26 (1) and 71.45 (1), a corporation that ceases doing business in this
5state shall pay a special franchise tax according to or measured by its entire
6Wisconsin net income for the taxable year during which the corporation ceases doing
7business in this state at the rate under s. 71.46 (2). Every corporation organized
8under the laws of this state shall be deemed to be residing within this state for the
9purposes of this franchise tax. All provisions of this chapter and ch. 73 relating to
10income taxation of corporations shall apply to franchise taxes imposed under this
11subsection, unless the context requires otherwise. The tax imposed by this
12subsection on insurance companies subject to taxation under this chapter shall be
13based on Wisconsin net income computed under s. 71.45, and no other provision of
14this chapter relating to computation of taxable income for other corporations shall
15apply to such insurance companies. All other provisions of this chapter shall apply
16to insurance companies subject to taxation under this chapter unless the context
17clearly requires otherwise.
AB133-ASA1-AA2,261,1219
71.45
(1) Exempt and excludable income. There shall be exempt from taxation
20under this subchapter income of insurers exempt from federal income taxation
21pursuant to section
501 (c) (15) of the internal revenue code, town mutuals organized
22under or subject to ch. 612, foreign insurers, and domestic insurers engaged
23exclusively in life insurance business, domestic insurers insuring against financial
24loss by reason of nonpayment of principal, interest and other sums agreed to be paid
25under the terms of any note or bond or other evidence of indebtedness secured by a
1mortgage, deed of trust or other instrument constituting a lien or charge on real
2estate and corporations organized under ch. 185, but not including income of
3cooperative sickness care associations organized under s. 185.981, or of a service
4insurance corporation organized under ch. 613, that is derived from a health
5maintenance organization as defined in s. 609.01 (2) or a limited service health
6organization as defined in s. 609.01 (3), or operating under subch. I of ch. 616 which
7are bona fide cooperatives operated without pecuniary profit to any shareholder or
8member, or operated on a cooperative plan pursuant to which they determine and
9distribute their proceeds in substantial compliance with s. 185.45.
This subsection
10does not apply to income that is realized from the sale of or purchase and subsequent
11sale or redemption of lottery prizes if the winning tickets were originally bought in
12this state.".
AB133-ASA1-AA2,261,1816
71.45
(2) (a) 15. By subtracting from federal taxable income all income that is
17realized from the purchase and subsequent sale or redemption of lottery prizes that
18is treated as nonapportionable income under sub. (3r).".
AB133-ASA1-AA2,261,2321
71.45
(3r) Allocation of certain proceeds. All income that is realized from
22the purchase and subsequent sale or redemption of lottery prizes if the winning
23tickets were originally bought in this state shall be allocated to this state.".
AB133-ASA1-AA2,262,92
71.46
(3) The tax imposed under this subchapter on each domestic insurer on
3or measured by its entire net income attributable to lines of insurance in this state
4may not exceed 2% of the gross premiums, as defined in s. 76.62, received during the
5taxable year by the insurer on all policies on those lines of insurance if the subject
6of that insurance was resident, located or to be performed in this state
plus 7.9% of
7the income that is realized from the sale of or purchase and subsequent sale or
8redemption of lottery prizes if the winning tickets were originally bought in this
9state.".
AB133-ASA1-AA2,262,2012
71.47
(2m) (b) 1. a. Subject to the limitations provided in this subsection and
13s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income or
14franchise taxes otherwise due, the amount derived under par. (c). If the allowable
15amount of claim exceeds the income or franchise taxes otherwise due on or measured
16by the claimant's income or if there are no Wisconsin income or franchise taxes due
17on or measured by the claimant's income, the amount of the claim not used as an
18offset against income or franchise taxes shall be certified to the department of
19administration for payment to the claimant by check, share draft or other draft paid
20from the appropriation under s. 20.835 (2)
(q) (dn).
AB133-ASA1-AA2, s. 1757be
21Section 1757be. 71.47 (2m) (b) 1. a. of the statutes, as affected by 1999
22Wisconsin Act .... (this act), is repealed and recreated to read:
AB133-ASA1-AA2,263,623
71.47
(2m) (b) 1. a. Subject to the limitations provided in this subsection and
24s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income
1taxes otherwise due, the amount derived under par. (c). If the allowable amount of
2claim exceeds the income taxes otherwise due on the claimant's income or if there are
3no Wisconsin income taxes due on the claimant's income, the amount of the claim not
4used as an offset against income taxes shall be certified to the department of
5administration for payment to the claimant by check, share draft or other draft paid
6from the appropriation under s. 20.835 (2) (q).".
AB133-ASA1-AA2,263,159
71.47
(2m) (c) 1. Any claimant may claim against taxes otherwise due under
10this chapter
10% a percentage, as determined by the department under subd. 3., of
11the property taxes accrued in the taxable year to which the claim relates, up to a
12maximum claim of
$1,000 $2,000 for taxable years ending before January 1, 2001,
13and up to a maximum claim of $1,500 for taxable years beginning after December 31,
142000, except that the credit under this subsection plus the credit under subch. IX
15may not exceed 95% of the property taxes accrued on the farm.
AB133-ASA1-AA2,263,2217
71.47
(2m) (c) 3. The department shall annually adjust the percentage that is
18used to determine the amount of the claim under subd. 1. based on the estimated
19number of claims and the amount estimated to be expended from the appropriation
20under s. 20.835 (2) (q), as determined under s. 79.13. The department shall
21incorporate the annually adjusted percentage into the income tax forms and
22instructions.".
AB133-ASA1-AA2,264,1
171.47
(5r) E
ducation credit. (a) In this subsection:
AB133-ASA1-AA2,264,22
1. "Claimant" means a corporation that files a claim under this subsection.
AB133-ASA1-AA2,264,43
2. "Degree-granting program" means an educational program for which an
4associate, a bachelor's or a graduate degree is awarded upon successful completion.
AB133-ASA1-AA2,264,85
3. "Qualified postsecondary institution" means a University of Wisconsin
6System institution, a technical college system institution or a regionally accredited
74-year nonprofit college or university having its regional headquarters and principal
8place of business in this state, notwithstanding s. 16.973 (1) (b).
AB133-ASA1-AA2,264,139
(b) A claimant may claim as a credit against the tax imposed under this
10subchapter an amount equal to 50% of the tuition that the claimant paid or incurred
11during the taxable year for an individual to participate in an education program of
12a qualified postsecondary institution, if the individual is enrolled in a
13degree-granting program.
AB133-ASA1-AA2,264,1614
(c) A claimant may not claim the credit under par. (b) for any tuition amounts
15that the claimant excluded under s. 71.05 (6) (b) 28. or under section
127 of the
16Internal Revenue Code.
AB133-ASA1-AA2,264,1817
(d) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit
18under s. 71.28 (4), apply to the credit under this subsection.
AB133-ASA1-AA2,265,219
(e) Partnerships, limited liability companies and tax-option corporations may
20not claim the credit under this subsection, but the eligibility for, and the amount of,
21the credit are based on their payment of tuition under par. (b). A partnership, limited
22liability company or tax-option corporation shall compute the amount of credit that
23each of its partners, members or shareholders may claim and shall provide that
24information to each of them. Partners, members of limited liability companies and
1shareholders of tax-option corporations may claim the credit in proportion to their
2ownership interest.
AB133-ASA1-AA2,265,43
(f) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4),
4applies to the credit under this subsection.".
AB133-ASA1-AA2,265,107
71.49
(1) (f) The total of farmers' drought property tax credit under s. 71.47
8(1fd), farmland preservation credit under subch. IX, farmland tax relief credit under
9s. 71.47 (2m)
, education credit under s. 71.47 (5r) and estimated tax payments under
10s. 71.48.".
AB133-ASA1-AA2,265,14
11633. Page 947, line 11: delete lines 11 and 12 and substitute "by multiplying
12the amount of the prize by the highest rate applicable to
individuals under s. 71.06
13(1) or (1m) to the person who claims the prize. The administrator shall deposit the
14amounts".
AB133-ASA1-AA2,266,917
73.01
(4) (a) Subject to the provisions for judicial review contained in s. 73.015,
18the commission shall be the final authority for the hearing and determination of all
19questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss.
2070.11 (21), 70.38 (4) (a), 70.397, 70.64 and 70.995 (8), s. 76.38 (12) (a), 1993 stats., ss.
2176.39 (4) (c), 76.48 (6), 76.91, 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555,
22139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76
and
, 139.78
and 139.97,
23subch. XIV of ch. 71 and subch. VII of ch. 77. Whenever with respect to a pending
24appeal there is filed with the commission a stipulation signed by the department of
1revenue and the adverse party, under s. 73.03 (25), agreeing to an affirmance,
2modification or reversal of the department's position with respect to some or all of the
3issues raised in the appeal, the commission shall enter an order affirming or
4modifying in whole or in part, or canceling the assessment appealed from, or allowing
5in whole or in part or denying the petitioner's refund claim, as the case may be,
6pursuant to and in accordance with the stipulation filed. No responsibility shall
7devolve upon the commission, respecting the signing of an order of dismissal as to
8any pending appeal settled by the department without the approval of the
9commission.".
AB133-ASA1-AA2,266,1412
73.0301
(1) (d) 2. A license issued by the department of health and family
13services under s. 48.66 (1)
(a) to a child welfare agency, group home, shelter care
14facility or day care center, as required by s. 48.60, 48.625, 48.65 or 938.22 (7).".
AB133-ASA1-AA2,266,2117
74.01
(5) "Special tax" means any amount entered in the tax roll which is not
18a general property tax, special assessment or special charge. "Special tax" includes
19any interest and penalties assessed for nonpayment of the tax before it is placed in
20the tax roll
and any charge under s. 66.606 (1) (a) 2. that is placed on the tax roll under
21s. 66.606 (2).".
AB133-ASA1-AA2,267,6
176.02
(1) "Air carrier company" means any person engaged in the business of
2transportation in aircraft of persons or property for hire on regularly scheduled
3flights
, except an air carrier company that operates a hub terminal facility, as defined
4in s. 70.11 (40). In this subsection, "aircraft" means a completely equipped operating
5unit, including spare flight equipment, used as a means of conveyance in air
6commerce.".
AB133-ASA1-AA2,267,139
77.21
(1) "Conveyance" includes deeds and other instruments for the passage
10of ownership interests in real estate, including contracts and assignments of a
11vendee's interest therein
, including instruments that are evidence of a sale of
12time-share property, as defined in s. 707.02 (32), and including leases for at least 99
13years but excluding leases for less than 99 years, easements and wills.".
AB133-ASA1-AA2,267,1816
77.54
(30) (a) 3. Electricity sold
during the months of November, December,
17January, February, March and April for use in farming, including but not limited to
18agriculture, dairy farming, floriculture and horticulture.".
AB133-ASA1-AA2,267,2321
77.51
(9) (e) An auction which is the sale of personal farm property or household
22goods and not held
at regular intervals more than 5 times at the same location during
23a year.".
AB133-ASA1-AA2,268,52
77.54
(20) (c) 4m. Taxable sales do not include food and beverage items under
3pars. (b) 4. and (c) 2., and disposable products that are transferred with such items,
4that are provided by a restaurant to the restaurant's employe during the employe's
5work hours.".
AB133-ASA1-AA2,269,69
77.52
(2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers,
10motel operators and other persons furnishing accommodations that are available to
11the public, irrespective of whether membership is required for use of the
12accommodations
, including the furnishing of rooms or lodging through the sale of a
13time-share property, as defined in s. 707.02 (32), if the use of the rooms or lodging
14is not fixed at the time of sale as to the starting day or the lodging unit. In this
15subdivision, "transient" means any person residing for a continuous period of less
16than one month in a hotel, motel or other furnished accommodations available to the
17public. In this subdivision, "hotel" or "motel" means a building or group of buildings
18in which the public may obtain accommodations for a consideration, including,
19without limitation, such establishments as inns, motels, tourist homes, tourist
20houses or courts, lodging houses, rooming houses, summer camps, apartment hotels,
21resort lodges and cabins and any other building or group of buildings in which
22accommodations are available to the public, except accommodations, including
23mobile homes as defined in s. 66.058 (1) (d), rented for a continuous period of more
24than one month and accommodations furnished by any hospitals, sanatoriums, or
1nursing homes, or by corporations or associations organized and operated
2exclusively for religious, charitable or educational purposes provided that no part of
3the net earnings of such corporations and associations inures to the benefit of any
4private shareholder or individual. In this subdivision, "one month" means a calendar
5month or 30 days, whichever is less, counting the first day of the rental and not
6counting the last day of the rental.
AB133-ASA1-AA2,269,178
77.52
(2) (a) 2. The sale of admissions to amusement, athletic, entertainment
9or recreational events or places except county fairs, the sale, rental or use of regular
10bingo cards, extra regular cards, special bingo cards and the sale of bingo supplies
11to players and the furnishing, for dues, fees or other considerations, the privilege of
12access to clubs or the privilege of having access to or the use of amusement,
13entertainment, athletic or recreational devices or facilities, including
, in connection
14with the sale or use of time-share property, as defined in s. 707.02 (32), the sale or
15furnishing of use of recreational facilities on a periodic basis or other recreational
16rights, including but not limited to membership rights, vacation services and club
17memberships.".
