Amendment ASA1-AB124

LRBs0093/1

JK:jld:km

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 124

April 24, 2001 - Offered by Representative Plale.

AB124-ASA1,1,5 An Act to amend 71.05 (6) (a) 15., 71.21 (4), 71.26 (2) (a), 71.34 (1) (g), 71.45 (2) (a) 10. and 77.92 (4); and to create 71.07 (5d), 71.10 (4) (dw), 71.28 (5d), 71.30 (3) (dm), 71.47 (5d) and 71.49 (1) (dm) of the statutes; relating to: an income and franchise tax credit for a business that constructs or equips a facility for its employees to pump and store breast milk.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB124-ASA1, s. 1 Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:

AB124-ASA1,1,11 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (3s), and (5d) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

AB124-ASA1, s. 2 Section 2. 71.07 (5d) of the statutes is created to read:

AB124-ASA1,2,1 71.07 (5d) Breast-milk facility credit. (a) In this subsection:

AB124-ASA1,2,5 1. "Breast-milk facility" means a private location that has a clean water source, a sink, and equipment for the pumping and storage of breast milk, and is used exclusively by a claimant's employees to pump and store breast milk during the employees' working hours.

AB124-ASA1,2,8 2. "Claimant" means a sole proprietor, a partner, a member of a limited liability company, or a shareholder of a tax option corporation who files a claim under this subsection.

AB124-ASA1,2,13 (b) A claimant may claim as a credit against the tax imposed under s. 71.02 an amount equal to 50% of the amount paid or incurred to construct or equip a breast-milk facility in this state, up to a maximum credit of $5,000. A claimant may claim a credit in each succeeding taxable year that the claimant constructs or equips an additional breast-milk facility.

AB124-ASA1,2,15 (c) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit under s. 71.28 (4), apply to the credit under this subsection.

AB124-ASA1,2,23 (d) 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 the amount paid or incurred under par. (b). 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 interest.

AB124-ASA1,2,25 (e) 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.

AB124-ASA1, s. 3 Section 3. 71.10 (4) (dw) of the statutes is created to read:

AB124-ASA1,3,2 71.10 (4) (dw) Breast-milk facility credit under s. 71.07 (5d).

AB124-ASA1, s. 4 Section 4. 71.21 (4) of the statutes is amended to read:

AB124-ASA1,3,6 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2ds), (2dx) and, (3s) , and (5d) and passed through to partners shall be added to the partnership's income.

AB124-ASA1, s. 5 Section 5. 71.26 (2) (a) of the statutes is amended to read:

AB124-ASA1,3,22 71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the internal revenue code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1) and (3) to (5) plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds) and , (1dx), and (5d) 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) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the internal revenue code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

AB124-ASA1, s. 6 Section 6. 71.28 (5d) of the statutes is created to read:

AB124-ASA1,3,24 71.28 (5d) Breast-milk facility credit. (a) In this subsection:

AB124-ASA1,4,4 1. "Breast-milk facility" means a private location that has a clean water source, a sink, and equipment for the pumping and storage of breast milk, and is used exclusively by a claimant's employees to pump and store breast milk during the employees' working hours.

AB124-ASA1,4,5 2. "Claimant" means a person who files a claim under this subsection.

AB124-ASA1,4,10 (b) A claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 50% of the amount paid to construct or equip a breast-milk facility in this state, up to a maximum credit of $5,000. A claimant may claim a credit in each succeeding taxable year that the claimant constructs or equips an additional breast-milk facility.

AB124-ASA1,4,12 (c) The carry-over provisions of sub. (4) (e) and (f), as they apply to the credit under sub. (4), apply to the credit under this subsection.

AB124-ASA1,4,20 (d) 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 the amount paid or incurred under par. (b). 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 interest.

AB124-ASA1,4,22 (e) Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

AB124-ASA1, s. 7 Section 7. 71.30 (3) (dm) of the statutes is created to read:

AB124-ASA1,4,24 71.30 (3) (dm) Breast-milk facility credit under s. 71.28 (5d).

AB124-ASA1, s. 8 Section 8. 71.34 (1) (g) of the statutes is amended to read:

AB124-ASA1,5,3 71.34 (1) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx) and, (3), and (5d) and passed through to shareholders.

AB124-ASA1, s. 9 Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:

AB124-ASA1,5,10 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx) and (5d) 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).

AB124-ASA1, s. 10 Section 10. 71.47 (5d) of the statutes is created to read:

AB124-ASA1,5,12 71.47 (5d) Breast-milk facility credit. (a) In this subsection:

AB124-ASA1,5,16 1. "Breast-milk facility" means a private location that has a clean water source, a sink, and equipment for the pumping and storage of breast milk, and is used exclusively by a claimant's employees to pump and store breast milk during the employees' working hours.

AB124-ASA1,5,17 2. "Claimant" means a person who files a claim under this subsection.

AB124-ASA1,5,22 (b) A claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to 50% of the amount paid or incurred to construct or equip a breast-milk facility in this state, up to a maximum credit of $5,000. A claimant may claim a credit in each succeeding taxable year that the claimant constructs or equips an additional breast-milk facility.

AB124-ASA1,5,24 (c) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit under s. 71.28 (4), apply to the credit under this subsection.

AB124-ASA1,6,8 (d) 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 the amount paid or incurred under par. (b). 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 interest.

AB124-ASA1,6,10 (e) 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.

AB124-ASA1, s. 11 Section 11. 71.49 (1) (dm) of the statutes is created to read:

AB124-ASA1,6,12 71.49 (1) (dm) Breast-milk facility credit under s. 71.47 (5d).

AB124-ASA1, s. 12 Section 12. 77.92 (4) of the statutes is amended to read:

AB124-ASA1,7,3 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (3s), and (5d); and plus or minus, as appropriate, transitional adjustments, depreciation differences and basis differences under s. 71.05 (13), (15), (16), (17) and (19); but excluding income, gain, loss and deductions from farming. "Net business income", with respect to a natural person, estate or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB124-ASA1, s. 13 Section 13. Initial applicability.

AB124-ASA1,7,9 (1) Breast-milk facility credit. This act first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this act first applies to taxable years beginning on January 1 of the year after the year in which this subsection takes effect.

AB124-ASA1,7,10 (End)