Amendment ASA1-SB55

SB55-ASA1,832,2 1. The amount of real and personal property taxes imposed under s. 70.01 that the business paid in the taxable year.

SB55-ASA1,832,4 2. The amount of income and franchise taxes imposed under s. 71.43 that the business paid in the taxable year.

SB55-ASA1,832,6 3. The amount of sales and use taxes imposed under ss. 77.52, 77.53, and 77.71 that the business paid in the taxable year.

SB55-ASA1,832,8 (b) The department of revenue shall notify the department of commerce of all claims under this subsection.

SB55-ASA1,832,10 (c) Section 71.28 (4) (e), (f), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under par. (a).

SB55-ASA1,832,18 (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 their payment of amounts under par. (a). 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.

SB55-ASA1, s. 1207 Section 1207. 71.49 (1) (emb) of the statutes is created to read:

SB55-ASA1,832,21 71.49 (1) (emb) Development zone capital investment credit under s. 71.47 (1dm).

SB55-ASA1, s. 1208 Section 1208. 71.49 (1) (eon) of the statutes is created to read:

SB55-ASA1,832,23 71.49 (1) (eon) Technology zones credit under s. 71.47 (3g).

SB55-ASA1, s. 2200c Section 2200c. 71.93 (1) (a) 4. of the statutes is amended to read:

SB55-ASA1,833,3 71.93 (1) (a) 4. An amount that the department of workforce development may recover under s. 49.125 or 49.195 (3) or 49.793, if the department of workforce development has certified the amount under s. 49.85.

SB55-ASA1, s. 2200cm Section 2200cm. 71.93 (1) (a) 6. of the statutes is created to read:

SB55-ASA1,833,6 71.93 (1) (a) 6. An amount owed to the department of military affairs under s. 21.49 (3m) (b).

SB55-ASA1, s. 2200d Section 2200d. 72.01 (11m) of the statutes is created to read:

SB55-ASA1,833,11 72.01 (11m) "Federal credit" means, for deaths occurring before October 1, 2002, the federal estate tax credit in effect on December 31, 2000, and for deaths occurring after September 30, 2002, the federal estate tax credit in effect on the day of the decedent's death.

SB55-ASA1, s. 2200e Section 2200e. 72.01 (11n) of the statutes is created to read:

SB55-ASA1,833,16 72.01 (11n) "Federal estate tax" means, for deaths occurring before October 1, 2002, the federal estate tax in effect on December 31, 2000, and for deaths occurring after September 30, 2002, the federal estate tax in effect on the day of the decedent's death.

SB55-ASA1, s. 2200g Section 2200g. 72.02 of the statutes is amended to read:

SB55-ASA1,834,2 72.02 Estate tax imposed. An estate tax is imposed upon the transfer of all property that is subject to a federal estate tax and that has a taxable situs in this state. The tax imposed is equal to the federal credit allowed for state death taxes against the federal estate tax as finally determined. If only a portion of a decedent's property has a taxable situs in this state, the tax imposed is the amount obtained by multiplying the federal credit allowed for state death taxes by a fraction the numerator of which is the value of the decedent's estate that has a taxable situs in this state and the denominator of which is the total value of the property in the estate that qualifies for the federal credit allowed for state death taxes.

SB55-ASA1, s. 2200k Section 2200k. 72.30 (1) of the statutes is renumbered 72.30 (1) (a) and amended to read:

SB55-ASA1,834,11 72.30 (1) (a) If Except as provided in par. (b), if a federal estate tax return is required, the personal representative, special administrator, trustee, distributee or other person interested shall prepare the return for the tax under this chapter, compute the tax due under this chapter and on or before the due date, as extended, of the federal estate tax return file the return for the tax under this chapter, a copy of the federal estate tax return and a copy of all documents submitted with the federal estate tax return.

SB55-ASA1, s. 2200L Section 2200L. 72.30 (1) (b) of the statutes is created to read:

SB55-ASA1,834,16 72.30 (1) (b) For deaths occurring after December 31, 2001, and before October 1, 2002, the personal representative, special administrator, trustee, distributee, or other person interested shall prepare the return for the tax under this chapter in the manner prescribed by the department.

SB55-ASA1, s. 1209 Section 1209. 73.01 (4) (a) of the statutes is amended to read:

SB55-ASA1,835,10 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015, the commission shall be the final authority for the hearing and determination of all questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss. 70.11 (21), 70.38 (4) (a), 70.397, 70.64, and 70.995 (8), s. 76.38 (12) (a), 1993 stats., ss. 76.39 (4) (c), 76.48 (6), 76.91, 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76, 139.78, 341.405 , and 341.45, subch. XIV of ch. 71, and subch. VII of ch. 77. Whenever with respect to a pending appeal there is filed with the commission a stipulation signed by the department of revenue and the adverse party, under s. 73.03 (25), or the department of transportation and the adverse party agreeing to an affirmance, modification, or reversal of the department of revenue's or department of transportation's position with respect to some or all of the issues raised in the appeal, the commission shall enter an order affirming or modifying in whole or in part, or canceling the assessment appealed from, or allowing in whole or in part or denying the petitioner's refund claim, as the case may be, pursuant to and in accordance with the stipulation filed. No responsibility shall devolve upon the commission, respecting the signing of an order of dismissal as to any pending appeal settled by the department of revenue or the department of transportation without the approval of the commission.

SB55-ASA1, s. 1210 Section 1210. 73.01 (5) (a) of the statutes is amended to read:

SB55-ASA1,836,21 73.01 (5) (a) Any person who is aggrieved by a determination of the state board of assessors under s. 70.995 (8) or by the department of revenue under s. 70.11 (21) or who has filed a petition for redetermination with the department of revenue and who is aggrieved by the redetermination of the department of revenue may, within 60 days of the determination of the state board of assessors or of the department of revenue or, in all other cases, within 60 days after the redetermination but not thereafter, file with the clerk of the commission a petition for review of the action of the department of revenue and the number of copies of the petition required by rule adopted by the commission. Any person who is aggrieved by a determination of the department of transportation under s. 341.405 or 341.45 may, within 30 days after the determination of the department of transportation, file with the clerk of the commission a petition for review of the action of the department of transportation and the number of copies of the petition required by rule adopted by the commission. If a municipality appeals, its appeal shall set forth that the appeal has been authorized by an order or resolution of its governing body and the appeal shall be verified by a member of that governing body as pleadings in courts of record are verified. The clerk of the commission shall transmit one copy to the department of revenue, or to the department of transportation, and to each party. In the case of appeals from manufacturing property assessments, the person assessed shall be a party to a proceeding initiated by a municipality. At the time of filing the petition, the petitioner shall pay to the commission a $25 filing fee. The commission shall deposit the fee in the general fund. Within 30 days after such transmission the department of revenue, except for petitions objecting to manufacturing property assessments, or the department of transportation, shall file with the clerk of the commission an original and the number of copies of an answer to the petition required by rule adopted by the commission and shall serve one copy on the petitioner or the petitioner's attorney or agent. Within 30 days after service of the answer, the petitioner may file and serve a reply in the same manner as the petition is filed. Any person entitled to be heard by the commission under s. 76.38 (12) (a), 1993 stats., or s. 76.39 (4) (c), 76.48, or 76.91 may file a petition with the commission within the time and in the manner provided for the filing of petitions in income or franchise tax cases. Such papers may be served as a circuit court summons is served or by certified mail. For the purposes of this subsection, a petition for review is considered timely filed if mailed by certified mail in a properly addressed envelope, with postage duly prepaid, which envelope is postmarked before midnight of the last day for filing.

SB55-ASA1, s. 1211 Section 1211. 73.03 (35) of the statutes is amended to read:

SB55-ASA1,837,4 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds) or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dm), (1dL), (1ds), (1dx), or (4) (am) or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), or (4) (am) if granting the full amount claimed would violate a requirement under s. 560.785 or would bring the total of the credits granted to that claimant under all of those subsections over the limit for that claimant under s. 560.768, 560.795 (2) (b), or 560.797 (5) (b).

SB55-ASA1, s. 1212 Section 1212. 73.03 (35m) of the statutes is created to read:

SB55-ASA1,837,9 73.03 (35m) To deny a portion of a credit claimed under s. 71.07 (3g), 71.28 (3g), or 71.47 (3g), if granting the full amount claimed would violate a requirement under s. 560.96 or would bring the total of the credits claimed under ss. 71.07 (3g), 71.28 (3g), and 71.47 (3g) over the limit for all claimants under s. 560.96 (2).

SB55-ASA1, s. 2204m Section 2204m. 73.03 (46) of the statutes is repealed.

SB55-ASA1, s. 1213 Section 1213. 73.03 (52m) of the statutes is created to read:

SB55-ASA1,837,15 73.03 (52m) To enter into agreements with other states that provide for offsetting state tax refunds against tax obligations of other states and offsetting tax refunds of other states against state tax obligations, if the agreements provide that setoffs under ss. 71.93 and 71.935 occur before the setoffs under those agreements.

SB55-ASA1, s. 2205m Section 2205m. 73.03 (56) of the statutes is created to read:

SB55-ASA1,837,18 73.03 (56) To work with the Internal Revenue Service and the University of Wisconsin-Extension to undertake a program that accomplishes all of the following:

SB55-ASA1,837,20 (a) Promotes volunteering among the state's financial and legal professionals in the volunteer income tax assistance program.

SB55-ASA1,837,21 (b) Provides training for the volunteers.

SB55-ASA1,837,24 (c) Assists in the creation of mobile sites that offer assistance to individuals who are eligible to participate in the volunteer income tax assistance program and who reside in rural and underserved areas.

SB55-ASA1, s. 1214 Section 1214. 73.0305 of the statutes is amended to read:

SB55-ASA1,838,7 73.0305 Revenue limits and intradistrict transfer aid calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase under s. 121.85 (6) (ar) and subch. VII of ch. 121. The allowable rate of increase is the percentage change in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.

SB55-ASA1, s. 1215 Section 1215. 74.23 (1) (a) 2. of the statutes is amended to read:

SB55-ASA1,838,12 74.23 (1) (a) 2. Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes under ch. 77 shall be settled for under s. 74.25 (1) (a) 1. to 8.

SB55-ASA1, s. 1216 Section 1216. 74.23 (1) (a) 5. of the statutes is created to read:

SB55-ASA1,838,15 74.23 (1) (a) 5. Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under s. 70.995 (12) (a).

SB55-ASA1, s. 1217 Section 1217. 74.25 (1) (a) 2. of the statutes is amended to read:

SB55-ASA1,838,20 74.25 (1) (a) 2. Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes under ch. 77 shall be settled for under subds. 5. to 8.

SB55-ASA1, s. 1218 Section 1218. 74.25 (1) (a) 3. of the statutes is amended to read:

SB55-ASA1,838,25 74.25 (1) (a) 3. Retain all collections of special assessments, special charges and special taxes due to the taxation district, except that occupational taxes under ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes under ch. 77 shall be settled for under subds. 5. to 8.

SB55-ASA1, s. 1219 Section 1219. 74.25 (1) (a) 4m. of the statutes is created to read:

SB55-ASA1,839,3 74.25 (1) (a) 4m. Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under s. 70.995 (12) (a).

SB55-ASA1, s. 1220 Section 1220. 74.30 (1) (b) of the statutes is amended to read:

SB55-ASA1,839,8 74.30 (1) (b) Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes under ch. 77 shall be settled for under pars. (e) to (h).

SB55-ASA1, s. 1221 Section 1221. 74.30 (1) (c) of the statutes is amended to read:

SB55-ASA1,839,13 74.30 (1) (c) Retain all collections of special assessments, special charges and special taxes due to the taxation district, except that occupational taxes under ss. 70.40 to 70.425 70.421 and forest cropland, woodland and managed forest land taxes under ch. 77 shall be settled for under pars. (e) to (h).

SB55-ASA1, s. 1222 Section 1222. 74.30 (1) (dm) of the statutes is created to read:

SB55-ASA1,839,16 74.30 (1) (dm) Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under s. 70.995 (12) (a).

SB55-ASA1, s. 1223 Section 1223. 74.41 (1) (d) of the statutes is created to read:

SB55-ASA1,839,18 74.41 (1) (d) Have been corrected under s. 70.73 (1m).

SB55-ASA1, s. 1224 Section 1224. 76.02 (1) of the statutes is amended to read:

SB55-ASA1,839,25 76.02 (1) "Air carrier company" means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights, except an air carrier company whose property is exempt from taxation under s. 70.11 (42) (b). In this subsection, "aircraft" means a completely equipped operating unit, including spare flight equipment, used as a means of conveyance in air commerce.

SB55-ASA1, s. 1225 Section 1225. 76.28 (1) (f) of the statutes is amended to read:

SB55-ASA1,840,20 76.28 (1) (f) "Payroll factor" means a fraction the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period, except that compensation solely related to the production of nonoperating revenues shall be excluded from the numerator and denominator of the payroll factor and except that compensation related to the production of both operating and nonoperating revenue shall be partially excluded from the numerator and denominator of the payroll factor so as to exclude as near as possible the portion of compensation related to the production of nonoperating revenue. Compensation is paid in this state if the individual's service is performed entirely within this state, or if the individual's service is performed both within and outside this state but the service performed outside this state is incidental to the individual's service within this state, or if some of the service is performed in this state and the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which part of the service is performed and the individual's residence is in this state. In this paragraph, "compensation" includes management and service fees paid to an affiliated service corporation pursuant to 15 USC 79.

SB55-ASA1, s. 2234m Section 2234m. 76.28 (1) (gm) of the statutes is renumbered 76.28 (1) (gm) (intro.) and amended to read:

SB55-ASA1,840,24 76.28 (1) (gm) (intro.) "Qualified wholesale electric company" means any all of the following:

SB55-ASA1,841,6 1. Any person that owns or operates facilities for the generation and sale of electricity to a public utility, as defined in s. 196.01 (5), or to any other entity that sells electricity directly to the public, except that "qualified wholesale electric company" does not include any person that sells less than 95% of its net production of electricity or that does not own, operate, or control electric generating facilities that have a total power production capacity of at least 50 megawatts.

SB55-ASA1, s. 2234n Section 2234n. 76.28 (1) (gm) 2. of the statutes is created to read:

SB55-ASA1,841,9 76.28 (1) (gm) 2. A wholesale merchant plant, as defined in s. 196.491 (1) (w), that has a total power production capacity of at least 50 megawatts.

SB55-ASA1, s. 1226 Section 1226. 76.28 (2) (a) of the statutes is amended to read:

SB55-ASA1,841,20 76.28 (2) (a) There Except as provided in s. 76.29, there is imposed on every light, heat and power company an annual license fee to be assessed by the department on or before May 1, 1985, and every May 1 thereafter measured by the gross revenues of the preceding year; excluding for the tax period, as defined in s. 76.29 (1) (f), gross revenues that are subject to the license fee under s. 76.29; at the rates and by the methods set forth under pars. (b) to (d). The fee shall become delinquent if not paid when due and when delinquent shall be subject to interest at the rate of 1.5% per month until paid. Payment in full of the May 1 assessment constitutes a license to carry on business for the 12-month period commencing on the preceding January 1.

SB55-ASA1, s. 1227 Section 1227. 76.29 of the statutes is created to read:

SB55-ASA1,841,23 76.29 License fee for selling electricity at wholesale. (1) Definitions. In this section:

SB55-ASA1,841,24 (a) "Apportionment factor" has the meaning given in s. 76.28 (1) (a).

SB55-ASA1,841,25 (b) "Department" means the department of revenue.

SB55-ASA1,842,1 (c) "Electric cooperative" has the meaning given in s. 76.48 (1g) (c).

SB55-ASA1,842,3 (d) "Gross revenues" means total revenues from the sale of electricity for resale by the purchaser of the electricity.

SB55-ASA1,842,5 (e) "Light, heat, and power companies" has the meaning given in s. 76.28 (1) (e).

SB55-ASA1,842,7 (f) "Tax period" means each calendar year or portion of a calender year from January 1, 2004, to December 31, 2009.

SB55-ASA1,842,18 (2) Imposition. There is imposed on every light, heat, and power company and electric cooperative that owns an electric utility plant, an annual license fee to be assessed by the department on or before May 1, 2005, and every May 1 thereafter, ending with the assessment on May 1, 2010, measured by the gross revenues of the preceding tax period in an amount equal to the apportionment factor multiplied by gross revenues multiplied by 1.59%. The fee shall become delinquent if not paid when due and when delinquent shall be subject to interest at the rate of 1.5% per month until paid. Gross revenues earned by a light, heat, and power company after December 31, 2009, are subject to the license fee imposed under s. 76.28 (2). Gross revenues earned by an electric cooperative after December 31, 2009, are subject to the license fee imposed under s. 76.48 (1r).

SB55-ASA1,842,20 (3) Administration. Section 76.28 (3) (c) and (4) to (11), as it applies to the fee imposed under s. 76.28 (2), applies to the fee imposed under this section.

SB55-ASA1, s. 2236m Section 2236m. 76.31 of the statutes is created to read:

SB55-ASA1,843,4 76.31 Determination of ad valorem tax receipts for hub facility exemptions. By July 1, 2004, and every July 1 thereafter, the department shall determine the total amount of the tax imposed under subch. I of ch. 76 that was paid by each air carrier company, as defined in s. 70.11 (42) (a) 1., whose property is exempt from taxation under s. 70.11 (42) (b) for the most recent taxable year that the air carrier company paid the tax imposed under subch. I of ch. 76. The total amount determined under this section shall be transferred under s. 20.855 (4) (fm) to the transportation fund.

SB55-ASA1, s. 1228 Section 1228. 76.48 (1r) of the statutes is amended to read:

SB55-ASA1,843,18 76.48 (1r) Every Except as provided in s. 76.29, every electric cooperative shall pay, in lieu of other general property and income or franchise taxes, an annual license fee equal to its apportionment factor multiplied by its gross revenues ; excluding for the tax period, as defined in s. 76.29 (1) (f), gross revenues that are subject to the license fee under s. 76.29; multiplied by 3.19%. Real estate and personal property not used primarily for the purpose of generating, transmitting or distributing electric energy are subject to general property taxes. If a general structure is used in part to generate, transmit or distribute electric energy and in part for nonoperating purposes, the license fee imposed by this section is in place of the percentage of all other general property taxes that fairly measures and represents the extent of the use in generating, transmitting or distributing electric energy, and the balance is subject to local assessment and taxation, except that the entire general structure is subject to special assessments for local improvements.

SB55-ASA1, s. 1229 Section 1229. 76.81 of the statutes is amended to read:

SB55-ASA1,844,5 76.81 Imposition. There is imposed a tax on the real property of, and the tangible personal property of, every telephone company, excluding property that is exempt from the property tax under s. 70.11 (39), motor vehicles that are exempt under s. 70.112 (5), property that is used less than 50% in the operation of a telephone company, as provided under s. 70.112 (4) (b), and treatment plant and pollution abatement equipment that is exempt under s. 70.11 (21) (a). Except as provided in s. 76.815, the rate for the tax imposed on each description of real property and on each item of tangible personal property is the net rate for the prior year for the tax under ch. 70 in the taxing jurisdictions where the description or item is located. The real and tangible personal property of a telephone company shall be assessed as provided under s. 70.112 (4) (b).

SB55-ASA1, s. 1230 Section 1230. 77.51 (20) of the statutes is amended to read:

SB55-ASA1,844,14 77.51 (20) "Tangible personal property" means all tangible personal property of every kind and description and includes electricity, natural gas, steam, and water, and also leased property affixed to realty if the lessor has the right to remove the property upon breach or termination of the lease agreement, unless the lessor of the property is also the lessor of the realty to which the property is affixed. "Tangible personal property" also includes coins and stamps of the United States sold or traded as collectors' items above their face value and computer programs except, including custom computer programs.