LRBa0692/2
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2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2001 ASSEMBLY BILL 380
October 9, 2001 - Offered by Economic Development.
AB380-AA1,1,11 At the locations indicated, amend the bill as follows:
AB380-AA1,1,2 21. Page 4, line 15: after that line insert:
AB380-AA1,1,3 3" Section 6m. 71.04 (4m) of the statutes is created to read:
AB380-AA1,1,84 71.04 (4m) Apportionment formula computation. (a) 1. For taxable years
5beginning before January 1, 2005, if both the numerator and the denominator of the
6sales factor under sub. (7) related to a taxpayer's remaining net income are zero, the
7sales factor under sub. (7) is eliminated from the apportionment formula to
8determine the taxpayer's remaining net income under sub. (4).
AB380-AA1,1,129 2. For taxable years beginning after December 31, 2004, if both the numerator
10and the denominator of the sales factor under sub. (7) related to a taxpayer's
11remaining net income are zero, none of the taxpayer's remaining net income is
12apportioned to this state.
AB380-AA1,2,5
1(b) 1. For taxable years beginning before January 1, 2005, if the numerator of
2the sales factor under sub. (7) related to a taxpayer's remaining net income is a
3negative number and the denominator of the sales factor under sub. (7) related to a
4taxpayer's remaining net income is a positive number, a negative number, or zero,
5the sales factor under sub. (7) is zero.
AB380-AA1,2,106 2. For taxable years beginning after December 31, 2004, if the numerator of the
7sales factor under sub. (7) related to a taxpayer's remaining net income is a negative
8number and the denominator of the sales factor under sub. (7) related to a taxpayer's
9remaining net income is a positive number, a negative number, or zero, none of the
10taxpayer's remaining net income is apportioned to this state.
AB380-AA1,2,1511 (c) 1. For taxable years beginning before January 1, 2005, if the numerator of
12the sales factor under sub. (7) related to a taxpayer's remaining net income is a
13positive number and the denominator of the sales factor under sub. (7) related to a
14taxpayer's remaining net income is zero or a negative number, the sales factor under
15sub. (7) is one.
AB380-AA1,2,2016 2. For taxable years beginning after December 31, 2004, if the numerator of the
17sales factor under sub. (7) related to a taxpayer's remaining net income is a positive
18number and the denominator of the sales factor under sub. (7) related to a taxpayer's
19remaining net income is zero or a negative number, all of the taxpayer's remaining
20net income is apportioned to this state.".
AB380-AA1,2,21 212. Page 8, line 13: after that line insert:
AB380-AA1,2,22 22" Section 18m. 71.25 (6m) of the statutes is created to read:
AB380-AA1,3,323 71.25 (6m) Apportionment formula computation. (a) 1. For taxable years
24beginning before January 1, 2005, if both the numerator and the denominator of the

1sales factor under sub. (9) related to a taxpayer's remaining net income are zero, the
2sales factor under sub. (9) is eliminated from the apportionment formula to
3determine the taxpayer's remaining net income under sub. (6).
AB380-AA1,3,74 2. For taxable years beginning after December 31, 2004, if both the numerator
5and the denominator of the sales factor under sub. (9) related to a taxpayer's
6remaining net income are zero, none of the taxpayer's remaining net income is
7apportioned to this state.
AB380-AA1,3,128 (b) 1. For taxable years beginning before January 1, 2005, if the numerator of
9the sales factor under sub. (9) related to a taxpayer's remaining net income is a
10negative number and the denominator of the sales factor under sub. (9) related to a
11taxpayer's remaining net income is a positive number, a negative number, or zero,
12the sales factor under sub. (9) is zero.
AB380-AA1,3,1713 2. For taxable years beginning after December 31, 2004, if the numerator of the
14sales factor under sub. (9) related to a taxpayer's remaining net income is a negative
15number and the denominator of the sales factor under sub. (9) related to a taxpayer's
16remaining net income is a positive number, a negative number, or zero, none of the
17taxpayer's remaining net income is apportioned to this state.
AB380-AA1,3,2218 (c) 1. For taxable years beginning before January 1, 2005, if the numerator of
19the sales factor under sub. (9) related to a taxpayer's remaining net income is a
20positive number and the denominator of the sales factor under sub. (9) related to a
21taxpayer's remaining net income is zero or a negative number, the sales factor under
22sub. (9) is one.
AB380-AA1,4,223 2. For taxable years beginning after December 31, 2004, if the numerator of the
24sales factor under sub. (9) related to a taxpayer's remaining net income is a positive
25number and the denominator of the sales factor under sub. (9) related to a taxpayer's

1remaining net income is zero or a negative number, all of the taxpayer's remaining
2net income is apportioned to this state.".
AB380-AA1,4,3 33. Page 12, line 21: after that line insert:
AB380-AA1,4,4 4" Section 28m. 71.45 (3e) of the statutes is created to read:
AB380-AA1,4,95 71.45 (3e) Apportionment formula computation. (a) 1. For taxable years
6beginning before January 1, 2005, if both the numerator and the denominator used
7to determine the percentage under sub. (3) (a) related to a taxpayer's net income are
8zero, the percentage under sub. (3) (a) is eliminated from the apportionment formula
9to determine the taxpayer's income under sub. (3).
AB380-AA1,4,1310 2. For taxable years beginning after December 31, 2004, if both the numerator
11and the denominator used to determine the percentage under sub. (3) (a) related to
12a taxpayer's net income are zero, none of the taxpayer's net income is apportioned
13to this state.
AB380-AA1,4,1814 (b) 1. For taxable years beginning before January 1, 2005, if the numerator
15used to determine the percentage under sub. (3) (a) related to a taxpayer's net income
16is a negative number and the denominator used to determine the percentage under
17sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number,
18or zero, the percentage under sub. (3) (a) is zero.
AB380-AA1,4,2319 2. For taxable years beginning after December 31, 2004, if the numerator used
20to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
21a negative number and the denominator used to determine the percentage under
22sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number,
23or zero, none of the taxpayer's net income is apportioned to this state.
AB380-AA1,5,5
1(c) 1. For taxable years beginning before January 1, 2005, if the numerator used
2to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
3a positive number and the denominator used to determine the percentage under sub.
4(3) (a) related to a taxpayer's net income is zero or a negative number, the percentage
5under sub. (3) (a) is one.
AB380-AA1,5,106 2. For taxable years beginning after December 31, 2004, if the numerator used
7to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
8a positive number and the denominator used to determine the percentage under sub.
9(3) (a) related to a taxpayer's net income is zero or a negative number, all of the
10taxpayer's net income is apportioned to this state.".
AB380-AA1,5,11 114. Page 13, line 12: after that line insert:
AB380-AA1,5,12 12" Section 30m. Initial applicability.
AB380-AA1,5,15 13"(1x) Single sales factor apportionment. The treatment of section 71.45 (3)
14(intro.), (a), and (b) and (3m) of the statutes first applies to taxable years beginning
15after December 31, 2002.".
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