SB55-ASA1,826,128 2. For taxable years beginning after December 31, 2005, if the numerator used
9to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
10a negative number and the denominator used to determine the percentage under
11sub. (3) (a) related to a taxpayer's net income is not zero, none of the taxpayer's net
12income is apportioned to this state.
SB55-ASA1,826,1713 (c) 1. For taxable years beginning before January 1, 2006, if the numerator used
14to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
15a positive number and the denominator used to determine the percentage under sub.
16(3) (a) related to a taxpayer's net income is zero or a negative number, the percentage
17under sub. (3) (a) is one.
SB55-ASA1,826,2218 2. For taxable years beginning after December 31, 2005, if the numerator used
19to determine the percentage under sub. (3) (a) related to a taxpayer's net income is
20a positive number and the denominator used to determine the percentage under sub.
21(3) (a) related to a taxpayer's net income is zero or a negative number, all of the
22taxpayer's net income is apportioned to this state.
SB55-ASA1, s. 1202 23Section 1202. 71.45 (3m) of the statutes is amended to read:
SB55-ASA1,827,624 71.45 (3m) Arithmetic average. The Except as provided in sub. (3d), the
25arithmetic average of the 2 percentages referred to in sub. (3) shall be applied to the

1net income figure arrived at by the successive application of sub. (2) (a) and (b) with
2respect to Wisconsin insurers to which sub. (2) (a) and (b) applies and which have
3collected received premiums, other than life insurance premiums, written upon for
4insurance, other than life insurance, where the subject of such insurance was on
5property or risks
resident, located or to be performed outside this state, to arrive at
6Wisconsin income constituting the measure of the franchise tax.
SB55-ASA1, s. 1203 7Section 1203. 71.45 (6) of the statutes is created to read:
SB55-ASA1,827,128 71.45 (6) Partnerships and limited liability companies. (a) A general or
9limited partner's share of the numerator and denominator of a partnership's
10apportionment factors under this section are included in the numerator and
11denominator of the general or limited partner's apportionment factors under this
12section.
SB55-ASA1,827,1613 (b) If a limited liability company is treated as a partnership, for federal tax
14purposes, a member's share of the numerator and denominator of a limited liability
15company's apportionment factors under this section are included in the numerator
16and denominator of the member's apportionment factors under this section.
SB55-ASA1, s. 1204 17Section 1204. 71.47 (1dm) of the statutes is created to read:
SB55-ASA1,827,1918 71.47 (1dm) Development zone capital investment credit. (a) In this
19subsection:
SB55-ASA1,827,2120 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or
21certified under s. 560.795 (5).
SB55-ASA1,827,2222 2. "Claimant" means a person who files a claim under this subsection.
SB55-ASA1,827,2423 3. "Development zone" means a development opportunity zone under s. 560.795
24(1) (e).
SB55-ASA1,828,9
14. "Previously owned property" means real property that the claimant or a
2related person owned during the 2 years prior to the department of commerce
3designating the place where the property is located as a development zone and for
4which the claimant may not deduct a loss from the sale of the property to, or an
5exchange of the property with, the related person under section 267 of the Internal
6Revenue Code, except that section 267 (b) of the Internal Revenue Code is modified
7so that if the claimant owns any part of the property, rather than 50% ownership, the
8claimant is subject to section 267 (a) (1) of the Internal Revenue Code for purposes
9of this subsection.
SB55-ASA1,828,1310 (b) Subject to the limitations provided in this subsection and in s. 73.03 (35),
11for any taxable year for which the claimant is certified, a claimant may claim as a
12credit against the taxes imposed under s. 71.43 an amount that is equal to 3% of the
13following:
SB55-ASA1,828,1414 1. The purchase price of depreciable, tangible personal property.
SB55-ASA1,828,1615 2. The amount expended to acquire, construct, rehabilitate, remodel, or repair
16real property in a development zone.
SB55-ASA1,828,2117 (c) A claimant may claim the credit under par. (b) 1., if the tangible personal
18property is purchased after the claimant is certified and the personal property is
19used for at least 50% of its use in the claimant's business at a location in a
20development zone or, if the property is mobile, the property's base of operations for
21at least 50% of its use is at a location in a development zone.
SB55-ASA1,829,522 (d) A claimant may claim the credit under par. (b) 2. for an amount expended
23to construct, rehabilitate, remodel, or repair real property, if the claimant began the
24physical work of construction, rehabilitation, remodeling, or repair, or any
25demolition or destruction in preparation for the physical work, after the place where

1the property is located was designated a development zone, or if the completed
2project is placed in service after the claimant is certified. In this paragraph, "physical
3work" does not include preliminary activities such as planning, designing, securing
4financing, researching, developing specifications, or stabilizing the property to
5prevent deterioration.
SB55-ASA1,829,106 (e) A claimant may claim the credit under par. (b) 2. for an amount expended
7to acquire real property, if the property is not previously owned property and if the
8claimant acquires the property after the place where the property is located was
9designated a development zone, or if the completed project is placed in service after
10the claimant is certified.
SB55-ASA1,829,1211 (f) No credit may be allowed under this subsection unless the claimant includes
12with the claimant's return:
SB55-ASA1,829,1413 1. A copy of a verification from the department of commerce that the claimant
14may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5).
SB55-ASA1,829,1715 2. A statement from the department of commerce verifying the purchase price
16of the investment and verifying that the investment fulfills the requirements under
17par. (b).
SB55-ASA1,829,2218 (g) In calculating the credit under par. (b) a claimant shall reduce the amount
19expended to acquire property by a percentage equal to the percentage of the area of
20the real property not used for the purposes for which the claimant is certified and
21shall reduce the amount expended for other purposes by the amount expended on the
22part of the property not used for the purposes for which the claimant is certified.
SB55-ASA1,829,2423 (h) The carry-over provisions of s. 71.28 (4) (e) and (f) as they relate to the credit
24under s. 71.28 (4) relate to the credit under this subsection.
SB55-ASA1,830,13
1(i) Partnerships, limited liability companies, and tax-option corporations may
2not claim the credit under this subsection, but the eligibility for, and the amount of,
3that credit shall be determined on the basis of their economic activity, not that of their
4shareholders, partners, or members. The corporation, partnership, or limited
5liability company shall compute the amount of credit that may be claimed by each
6of its shareholders, partners, or members and provide that information to its
7shareholders, partners, or members. Partners, members of limited liability
8companies, and shareholders of tax-option corporations may claim the credit based
9on the partnership's, company's, or corporation's activities in proportion to their
10ownership interest and may offset it against the tax attributable to their income from
11the partnership's, company's, or corporation's business operations in the
12development zone and against the tax attributable to their income from the
13partnership's, company's, or corporation's directly related business operations.
SB55-ASA1,830,2214 (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits
15becomes ineligible for such tax benefits, or if a person's certification under s. 560.795
16(5) is revoked, that person may claim no credits under this subsection for the taxable
17year that includes the day on which the person becomes ineligible for tax benefits,
18the taxable year that includes the day on which the certification is revoked, or
19succeeding taxable years, and that person may carry over no unused credits from
20previous years to offset tax under this chapter for the taxable year that includes the
21day on which the person becomes ineligible for tax benefits, the taxable year that
22includes the day on which the certification is revoked, or succeeding taxable years.
SB55-ASA1,831,323 (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits
24or certified under s. 560.795 (5) ceases business operations in the development zone
25during any of the taxable years that that zone exists, that person may not carry over

1to any taxable year following the year during which operations cease any unused
2credits from the taxable year during which operations cease or from previous taxable
3years.
SB55-ASA1,831,54 (L) Section 71.28 (4) (g) and (h) as it applies to the credit under s. 71.28 (4)
5applies to the credit under this subsection.
SB55-ASA1, s. 1205 6Section 1205. 71.47 (1dx) (a) 5. of the statutes is amended to read:
SB55-ASA1,831,197 71.47 (1dx) (a) 5. "Member of a targeted group" means a person under sub. (2dj)
8(am) 1.,
a person who resides in an empowerment zone, or an enterprise community,
9that the U.S. government designates, a person who is employed in an unsubsidized
10job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin
11works employment position, a person who is employed in a trial job, as defined in s.
1249.141 (1) (n), or a person who is eligible for child care assistance under s. 49.155, a
13person who is a vocational rehabilitation referral, an economically disadvantaged
14youth, an economically disadvantaged veteran, a supplemental security income
15recipient, a general assistance recipient, an economically disadvantaged ex-convict,
16a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated
17worker, as defined in 29 USC 2801 (9), or a food stamp recipient
; if the person has
18been certified in the manner under sub. (1dj) (am) 3. by a designated local agency,
19as defined in sub. (1dj) (am) 2.
SB55-ASA1, s. 1206 20Section 1206. 71.47 (3g) of the statutes is created to read:
SB55-ASA1,831,2421 71.47 (3g) Technology zones credit. (a) Subject to the limitations under this
22subsection and ss. 73.03 (35m), and 560.96, a business that is certified under s.
23560.96 (3) may claim as a credit against the taxes imposed under s. 71.43 an amount
24equal to the sum of the following, as established under s. 560.96 (3) (c):
SB55-ASA1,832,2
11. The amount of real and personal property taxes imposed under s. 70.01 that
2the business paid in the taxable year.
SB55-ASA1,832,43 2. The amount of income and franchise taxes imposed under s. 71.43 that the
4business paid in the taxable year.
SB55-ASA1,832,65 3. The amount of sales and use taxes imposed under ss. 77.52, 77.53, and 77.71
6that the business paid in the taxable year.
SB55-ASA1,832,87 (b) The department of revenue shall notify the department of commerce of all
8claims under this subsection.
SB55-ASA1,832,109 (c) Section 71.28 (4) (e), (f), (g), and (h), as it applies to the credit under s. 71.28
10(4), applies to the credit under par. (a).
SB55-ASA1,832,1811 (d) Partnerships, limited liability companies, and tax-option corporations may
12not claim the credit under this subsection, but the eligibility for, and the amount of,
13the credit are based on their payment of amounts under par. (a). A partnership,
14limited liability company, or tax-option corporation shall compute the amount of
15credit that each of its partners, members, or shareholders may claim and shall
16provide that information to each of them. Partners, members of limited liability
17companies, and shareholders of tax-option corporations may claim the credit in
18proportion to their ownership interest.
SB55-ASA1, s. 1207 19Section 1207. 71.49 (1) (emb) of the statutes is created to read:
SB55-ASA1,832,2120 71.49 (1) (emb) Development zone capital investment credit under s. 71.47
21(1dm).
SB55-ASA1, s. 1208 22Section 1208. 71.49 (1) (eon) of the statutes is created to read:
SB55-ASA1,832,2323 71.49 (1) (eon) Technology zones credit under s. 71.47 (3g).
SB55-ASA1, s. 2200c 24Section 2200c. 71.93 (1) (a) 4. of the statutes is amended to read:
SB55-ASA1,833,3
171.93 (1) (a) 4. An amount that the department of workforce development may
2recover under s. 49.125 or 49.195 (3) or 49.793, if the department of workforce
3development has certified the amount under s. 49.85.
SB55-ASA1, s. 2200cm 4Section 2200cm. 71.93 (1) (a) 6. of the statutes is created to read:
SB55-ASA1,833,65 71.93 (1) (a) 6. An amount owed to the department of military affairs under s.
621.49 (3m) (b).
SB55-ASA1, s. 2200d 7Section 2200d. 72.01 (11m) of the statutes is created to read:
SB55-ASA1,833,118 72.01 (11m) "Federal credit" means, for deaths occurring before October 1,
92002, the federal estate tax credit in effect on December 31, 2000, and for deaths
10occurring after September 30, 2002, the federal estate tax credit in effect on the day
11of the decedent's death.
SB55-ASA1, s. 2200e 12Section 2200e. 72.01 (11n) of the statutes is created to read:
SB55-ASA1,833,1613 72.01 (11n) "Federal estate tax" means, for deaths occurring before October 1,
142002, the federal estate tax in effect on December 31, 2000, and for deaths occurring
15after September 30, 2002, the federal estate tax in effect on the day of the decedent's
16death.
SB55-ASA1, s. 2200g 17Section 2200g. 72.02 of the statutes is amended to read:
SB55-ASA1,834,2 1872.02 Estate tax imposed. An estate tax is imposed upon the transfer of all
19property that is subject to a federal estate tax and that has a taxable situs in this
20state. The tax imposed is equal to the federal credit allowed for state death taxes
21against the federal estate tax as finally determined. If only a portion of a decedent's
22property has a taxable situs in this state, the tax imposed is the amount obtained by
23multiplying the federal credit allowed for state death taxes by a fraction the
24numerator of which is the value of the decedent's estate that has a taxable situs in

1this state and the denominator of which is the total value of the property in the estate
2that qualifies for the federal credit allowed for state death taxes.
SB55-ASA1, s. 2200k 3Section 2200k. 72.30 (1) of the statutes is renumbered 72.30 (1) (a) and
4amended to read:
SB55-ASA1,834,115 72.30 (1) (a) If Except as provided in par. (b), if a federal estate tax return is
6required, the personal representative, special administrator, trustee, distributee or
7other person interested shall prepare the return for the tax under this chapter,
8compute the tax due under this chapter and on or before the due date, as extended,
9of the federal estate tax return file the return for the tax under this chapter, a copy
10of the federal estate tax return and a copy of all documents submitted with the
11federal estate tax return.
SB55-ASA1, s. 2200L 12Section 2200L. 72.30 (1) (b) of the statutes is created to read:
SB55-ASA1,834,1613 72.30 (1) (b) For deaths occurring after December 31, 2001, and before October
141, 2002, the personal representative, special administrator, trustee, distributee, or
15other person interested shall prepare the return for the tax under this chapter in the
16manner prescribed by the department.
SB55-ASA1, s. 1209 17Section 1209. 73.01 (4) (a) of the statutes is amended to read:
SB55-ASA1,835,1018 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015,
19the commission shall be the final authority for the hearing and determination of all
20questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss.
2170.11 (21), 70.38 (4) (a), 70.397, 70.64, and 70.995 (8), s. 76.38 (12) (a), 1993 stats.,
22ss. 76.39 (4) (c), 76.48 (6), 76.91, 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555,
23139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76, 139.78, 341.405 , and 341.45,
24subch. XIV of ch. 71, and subch. VII of ch. 77. Whenever with respect to a pending
25appeal there is filed with the commission a stipulation signed by the department of

1revenue and the adverse party, under s. 73.03 (25), or the department of
2transportation and the adverse party agreeing to an affirmance, modification, or
3reversal of the department of revenue's or department of transportation's position
4with respect to some or all of the issues raised in the appeal, the commission shall
5enter an order affirming or modifying in whole or in part, or canceling the assessment
6appealed from, or allowing in whole or in part or denying the petitioner's refund
7claim, as the case may be, pursuant to and in accordance with the stipulation filed.
8No responsibility shall devolve upon the commission, respecting the signing of an
9order of dismissal as to any pending appeal settled by the department of revenue or
10the department of transportation without the approval of the commission.
SB55-ASA1, s. 1210 11Section 1210. 73.01 (5) (a) of the statutes is amended to read:
SB55-ASA1,836,2112 73.01 (5) (a) Any person who is aggrieved by a determination of the state board
13of assessors under s. 70.995 (8) or by the department of revenue under s. 70.11 (21)
14or who has filed a petition for redetermination with the department of revenue and
15who is aggrieved by the redetermination of the department of revenue may, within
1660 days of the determination of the state board of assessors or of the department of
17revenue or, in all other cases, within 60 days after the redetermination but not
18thereafter, file with the clerk of the commission a petition for review of the action of
19the department of revenue and the number of copies of the petition required by rule
20adopted by the commission. Any person who is aggrieved by a determination of the
21department of transportation under s. 341.405 or 341.45 may, within 30 days after
22the determination of the department of transportation, file with the clerk of the
23commission a petition for review of the action of the department of transportation
24and the number of copies of the petition required by rule adopted by the commission.
25If a municipality appeals, its appeal shall set forth that the appeal has been

1authorized by an order or resolution of its governing body and the appeal shall be
2verified by a member of that governing body as pleadings in courts of record are
3verified. The clerk of the commission shall transmit one copy to the department of
4revenue, or to the department of transportation, and to each party. In the case of
5appeals from manufacturing property assessments, the person assessed shall be a
6party to a proceeding initiated by a municipality. At the time of filing the petition,
7the petitioner shall pay to the commission a $25 filing fee. The commission shall
8deposit the fee in the general fund. Within 30 days after such transmission the
9department of revenue, except for petitions objecting to manufacturing property
10assessments, or the department of transportation, shall file with the clerk of the
11commission an original and the number of copies of an answer to the petition
12required by rule adopted by the commission and shall serve one copy on the petitioner
13or the petitioner's attorney or agent. Within 30 days after service of the answer, the
14petitioner may file and serve a reply in the same manner as the petition is filed. Any
15person entitled to be heard by the commission under s. 76.38 (12) (a), 1993 stats., or
16s. 76.39 (4) (c), 76.48, or 76.91 may file a petition with the commission within the time
17and in the manner provided for the filing of petitions in income or franchise tax cases.
18Such papers may be served as a circuit court summons is served or by certified mail.
19For the purposes of this subsection, a petition for review is considered timely filed
20if mailed by certified mail in a properly addressed envelope, with postage duly
21prepaid, which envelope is postmarked before midnight of the last day for filing.
SB55-ASA1, s. 1211 22Section 1211. 73.03 (35) of the statutes is amended to read:
SB55-ASA1,837,423 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di),
24(2dj), (2dL), (2dm), (2dr), (2ds) or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dm), (1dL),
25(1ds), (1dx), or (4) (am) or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), or

1(4) (am) if granting the full amount claimed would violate a requirement under s.
2560.785 or would bring the total of the credits granted to that claimant under all of
3those subsections over the limit for that claimant under s. 560.768, 560.795 (2) (b),
4or 560.797 (5) (b).
SB55-ASA1, s. 1212 5Section 1212. 73.03 (35m) of the statutes is created to read:
SB55-ASA1,837,96 73.03 (35m) To deny a portion of a credit claimed under s. 71.07 (3g), 71.28 (3g),
7or 71.47 (3g), if granting the full amount claimed would violate a requirement under
8s. 560.96 or would bring the total of the credits claimed under ss. 71.07 (3g), 71.28
9(3g), and 71.47 (3g) over the limit for all claimants under s. 560.96 (2).
SB55-ASA1, s. 2204m 10Section 2204m. 73.03 (46) of the statutes is repealed.
SB55-ASA1, s. 1213 11Section 1213. 73.03 (52m) of the statutes is created to read:
SB55-ASA1,837,1512 73.03 (52m) To enter into agreements with other states that provide for
13offsetting state tax refunds against tax obligations of other states and offsetting tax
14refunds of other states against state tax obligations, if the agreements provide that
15setoffs under ss. 71.93 and 71.935 occur before the setoffs under those agreements.
SB55-ASA1, s. 2205m 16Section 2205m. 73.03 (56) of the statutes is created to read:
SB55-ASA1,837,1817 73.03 (56) To work with the Internal Revenue Service and the University of
18Wisconsin-Extension to undertake a program that accomplishes all of the following:
SB55-ASA1,837,2019 (a) Promotes volunteering among the state's financial and legal professionals
20in the volunteer income tax assistance program.
SB55-ASA1,837,2121 (b) Provides training for the volunteers.
SB55-ASA1,837,2422 (c) Assists in the creation of mobile sites that offer assistance to individuals who
23are eligible to participate in the volunteer income tax assistance program and who
24reside in rural and underserved areas.
SB55-ASA1, s. 1214 25Section 1214. 73.0305 of the statutes is amended to read:
SB55-ASA1,838,7
173.0305 Revenue limits and intradistrict transfer aid calculations. The
2department of revenue shall annually determine and certify to the state
3superintendent of public instruction, no later than the 4th Monday in June, the
4allowable rate of increase under s. 121.85 (6) (ar) and subch. VII of ch. 121. The
5allowable rate of increase is the percentage change in the consumer price index for
6all urban consumers, U.S. city average, between the preceding March 31 and the 2nd
7preceding March 31, as computed by the federal department of labor.
SB55-ASA1, s. 1215 8Section 1215. 74.23 (1) (a) 2. of the statutes is amended to read:
SB55-ASA1,838,129 74.23 (1) (a) 2. Pay to the proper treasurer all collections of special
10assessments, special charges and special taxes, except that occupational taxes under
11ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land
12taxes under ch. 77 shall be settled for under s. 74.25 (1) (a) 1. to 8.
SB55-ASA1, s. 1216 13Section 1216. 74.23 (1) (a) 5. of the statutes is created to read:
SB55-ASA1,838,1514 74.23 (1) (a) 5. Pay to each taxing jurisdiction within the district its
15proportionate share of the taxes and interest under s. 70.995 (12) (a).
SB55-ASA1, s. 1217 16Section 1217. 74.25 (1) (a) 2. of the statutes is amended to read:
SB55-ASA1,838,2017 74.25 (1) (a) 2. Pay to the proper treasurer all collections of special
18assessments, special charges and special taxes, except that occupational taxes under
19ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land
20taxes under ch. 77 shall be settled for under subds. 5. to 8.
SB55-ASA1, s. 1218 21Section 1218. 74.25 (1) (a) 3. of the statutes is amended to read:
SB55-ASA1,838,2522 74.25 (1) (a) 3. Retain all collections of special assessments, special charges and
23special taxes due to the taxation district, except that occupational taxes under ss.
2470.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes
25under ch. 77 shall be settled for under subds. 5. to 8.
SB55-ASA1, s. 1219
1Section 1219. 74.25 (1) (a) 4m. of the statutes is created to read:
SB55-ASA1,839,32 74.25 (1) (a) 4m. Pay to each taxing jurisdiction within the district its
3proportionate share of the taxes and interest under s. 70.995 (12) (a).
SB55-ASA1, s. 1220 4Section 1220. 74.30 (1) (b) of the statutes is amended to read:
SB55-ASA1,839,85 74.30 (1) (b) Pay to the proper treasurer all collections of special assessments,
6special charges and special taxes, except that occupational taxes under ss. 70.40 to
770.425 70.421 and forest cropland, woodland and managed forest land taxes under
8ch. 77 shall be settled for under pars. (e) to (h).
SB55-ASA1, s. 1221 9Section 1221. 74.30 (1) (c) of the statutes is amended to read:
SB55-ASA1,839,1310 74.30 (1) (c) Retain all collections of special assessments, special charges and
11special taxes due to the taxation district, except that occupational taxes under ss.
1270.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes
13under ch. 77 shall be settled for under pars. (e) to (h).
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