Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,579,19 959. Page 722, line 5: delete "excluding sections 162 and 165 of P.L. 106-554,".

SB55-ASA1-AA1,579,20 960. Page 722, line 10: after "106-230," insert "P.L. 106-519,".

SB55-ASA1-AA1,579,22 961. Page 722, line 11: delete "excluding sections 162 and 165 of P.L. 106-554,".

SB55-ASA1-AA1,580,1 962. Page 722, line 13: after "106-230," insert "P.L. 106-519,".

SB55-ASA1-AA1,580,3 963. Page 722, line 13: delete "excluding sections 162 and 165 of P.L. 106-554,".

SB55-ASA1-AA1,580,4 964. Page 723, line 5: after "106-230," insert "P.L. 106-519,".

SB55-ASA1-AA1,580,6 965. Page 723, line 5: delete "excluding sections 162 and 165 of P.L. 106-554,".

SB55-ASA1-AA1,580,7 966. Page 723, line 9: after that line insert:

SB55-ASA1-AA1,580,8 " Section 2130ds. 71.01 (6) (pm) of the statutes is created to read:

SB55-ASA1-AA1,580,18 71.01 (6) (pm) For taxable years beginning after December 31, 2000, and before January 1, 2002, for natural persons, fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, "Internal Revenue Code" means the federal Internal Revenue Code as amended by sections 411, 412 (a), 611 (a), 635, 636 (b), 641 to 646, 655, 658, and 701 of P.L. 107-16 and as indirectly affected by sections 411, 412 (a), 611 (a), 635, 636 (b), 641 to 646, 655, 658, and 701 of P.L. 107-16. The Internal Revenue Code applies for Wisconsin purposes at the same time as for federal purposes. Amendments to the federal Internal Revenue Code enacted after June 30, 2001, do not apply to this paragraph with respect to taxable years beginning after December 31, 2000, and before January 1, 2002.".

SB55-ASA1-AA1,580,19 967. Page 728, line 17: after that line insert:

SB55-ASA1-AA1,580,20 " Section 2142m. 71.05 (1) (am) of the statutes is created to read:

SB55-ASA1-AA1,580,23 71.05 (1) (am) Military retirement systems. All retirement payments, other than surviving spouse benefits, received from the U.S. military employee retirement system, to the extent that such payments are not exempt under par. (a).

SB55-ASA1-AA1, s. 2142n Section 2142n. 71.05 (1) (an) of the statutes is created to read:

SB55-ASA1-AA1,581,5 71.05 (1) (an) Uniformed services retirement benefits. All retirement payments received by an individual from the U.S. government that relate to the individual's service with the coast guard, the commissioned corps of the national oceanic and atmospheric administration, or the commissioned corps of the public health service, to the extent that such payments are not exempt under par. (a) or (am).".

SB55-ASA1-AA1,581,6 968. Page 728, line 20: after "(3s)" insert ", and (5d)".

SB55-ASA1-AA1,581,7 969. Page 728, line 20: delete "and (3s)" and substitute "(3s), and (5r)".

SB55-ASA1-AA1,581,9 970. Page 728, line 20: delete that line and substitute "(2di), (2dj), (2dL), (2dm) (2dr), (2ds), (2dx) and, (3g), (3s), and (5s) and not passed through".

SB55-ASA1-AA1,581,10 971. Page 728, line 23: after that line insert:

SB55-ASA1-AA1,581,11 " Section 2143v. 71.05 (11) (a) of the statutes is amended to read:

SB55-ASA1-AA1,582,12 71.05 (11) (a) The federal adjusted basis at the end of the calendar year 1968 or corresponding fiscal year of waste treatment plant or pollution abatement equipment acquired pursuant to order or recommendation of the committee on water pollution, state board of health, city council, village board or county board pursuant to s. 59.07 (53) or (85), 1971 stats., may be treated as a subtraction modification on the return of the calendar year 1969 or corresponding fiscal year but not in later years. In case of such subtraction an add modification shall be made in 1969 and later taxable years to reverse federal depreciation or amortization of such basis or to correct gain or loss on disposition. The cost of such plant or equipment acquired in 1969 or thereafter pursuant to order, recommendation or approval of the committee on water pollution, department of resource development, department of natural resources fish, wildlife, parks, and forestry, department of environmental management, state board of health, city council, village board, or county board pursuant to s. 59.07 (53) or (85), 1971 stats., (less any federal depreciation or amortization taken) may be deducted as a subtraction modification or as subtraction modifications in the year or years in which paid or accrued, dependent on the method of accounting employed. In case of such election, appropriate add modifications shall be made in subsequent years to reverse federal depreciation or amortization or to correct gain or loss on disposition. This paragraph is intended to apply only to depreciable property except that where wastes are disposed of through a lagoon process, lagooning costs and the cost of land containing such lagoons may be treated as depreciable property for purposes of this paragraph. In no event may any amount in excess of cost be deducted. The taxpayer shall file with the department copies of all recommendations, orders or approvals relating to installation of such property and such other documents or data relating thereto as the department requests.".

SB55-ASA1-AA1,582,13 972. Page 728, line 23: after that line insert:

SB55-ASA1-AA1,582,15 " Section 2143r. 71.05 (6) (b) 32. (intro.) of the statutes, as created by 1999 Wisconsin Act 44, is amended to read:

SB55-ASA1-AA1,582,19 71.05 (6) (b) 32. (intro.) An amount paid into a college savings account, as described in s. 14.64, if the beneficiary of the account either is the claimant or; is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code,; or is the claimant's grandchild; calculated as follows:

SB55-ASA1-AA1, s. 2143rm Section 2143rm. 71.05 (6) (b) 32. a. of the statutes, as created by 1999 Wisconsin Act 44, is amended to read:

SB55-ASA1-AA1,583,13 71.05 (6) (b) 32. a. An amount equal to not more than $3,000 per beneficiary by a claimant for contributions to an account for each year to which the claim relates, except that the total amount for which a deduction may be claimed under this subdivision and under subd. 33., per beneficiary by any claimant may not exceed $3,000 each year. The deduction limit under this subdivision for a married couple that files a joint income tax return is $3,000 per beneficiary for each year. The total deduction that may be claimed by a married couple under this subdivision and under subd. 33., per beneficiary, is $3,000 each year if the couple files a joint income tax return. The deduction limit under this subdivision for a grandparent is $1,500 per beneficiary for each year, or $3,000 if the grandparent is widowed or a widower. The total deduction that may be claimed by a grandmother and a grandfather who are married to each other, or by a grandparent who is widowed or a widower, under this subdivision and under subd. 33., per beneficiary, is $3,000 each year. The total deduction that may be claimed by a grandmother and a grandfather, who are not married to each other, under this subdivision and under subd. 33., per beneficiary, is $3,000 each year.

SB55-ASA1-AA1, s. 2143s Section 2143s. 71.05 (6) (b) 33. (intro.) of the statutes, as created by 1999 Wisconsin Act 44, is amended to read:

SB55-ASA1-AA1,583,20 71.05 (6) (b) 33. (intro.) An amount paid into a college tuition and expenses program, as described in s. 14.63, if the beneficiary of the account either is the claimant or; is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code,; or is the claimant's grandchild; calculated as follows:

SB55-ASA1-AA1, s. 2143sm Section 2143sm. 71.05 (6) (b) 33. a. of the statutes, as created by 1999 Wisconsin Act 44, is amended to read:

SB55-ASA1-AA1,584,12 71.05 (6) (b) 33. a. An amount equal to not more than $3,000 per beneficiary by a claimant for contributions to an account for each year to which the claim relates, except that the total amount for which a deduction may be claimed under this subdivision and under subd. 32., per beneficiary by any claimant may not exceed $3,000 each year. The deduction limit under this subdivision for a married couple that files a joint income tax return is $3,000 per beneficiary for each year. The total deduction that may be claimed by a married couple under this subdivision and under subd. 32., per beneficiary, is $3,000 each year if the couple files a joint income tax return. The deduction limit under this subdivision for a grandparent is $1,500 per beneficiary for each year, or $3,000 if the grandparent is widowed or a widower. The total deduction that may be claimed by a grandmother and a grandfather, or by a grandparent who is widowed or a widower, under this subdivision and under subd. 32., per beneficiary, is $3,000 each year. The total deduction that may be claimed by a grandmother and a grandfather, who are not married to each other, under this subdivision and under subd. 32., per beneficiary, is $3,000 each year.".

SB55-ASA1-AA1,584,13 973. Page 728, line 23: after that line insert:

SB55-ASA1-AA1,584,14 " Section 2143e. 71.05 (6) (b) 21. of the statutes is amended to read:

SB55-ASA1-AA1,584,18 71.05 (6) (b) 21. The difference between the amount of social security benefits included in federal adjusted gross income for the current year and the amount as calculated under section 86 of the internal revenue code as that section existed on December 31, 1992 Internal Revenue Code.".

SB55-ASA1-AA1,584,19 974. Page 728, line 23: after that line insert:

SB55-ASA1-AA1,584,20 " Section 2143d. 71.05 (6) (b) 20. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,585,2 71.05 (6) (b) 20. (intro.) For taxable years beginning on or after January 1, 1995, and before January 1, 2002, an amount paid by a person who is the employee of another person if the person's employer pays no amount of money toward the person's medical care insurance, for medical care insurance for the person, his or her spouse and the person's dependents, calculated as follows:

SB55-ASA1-AA1, s. 2143ss Section 2143ss. 71.05 (6) (b) 34. of the statutes is created to read:

SB55-ASA1-AA1,585,9 71.05 (6) (b) 34. For taxable years beginning after December 31, 2001, an amount paid by an individual, other than a person to whom subd. 19. applies, who has no employer or who is the employee of another person if the individual's employer pays no amount of money toward the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:

SB55-ASA1-AA1,585,18 a. One hundred percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.

SB55-ASA1-AA1,585,21 b. From the amount calculated under subd. 34. a., subtract the amounts deducted from gross income for medical care insurance in the calculation of federal adjusted gross income.

SB55-ASA1-AA1,586,8 c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 34. a. or b., by a fraction the numerator of which is the individual's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 34. c., for married persons filing separately "wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

SB55-ASA1-AA1,586,11 d. Reduce the amount calculated under subd. 34. a., b., or c. to the individual's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.".

SB55-ASA1-AA1,586,12 975. Page 730, line 23: after "(5)" insert "or 560.798 (3)".

SB55-ASA1-AA1,586,13 976. Page 731, line 2: after "(e)" insert "or 560.798".

SB55-ASA1-AA1,586,14 977. Page 732, line 16: after "(5)" insert "or 560.798 (3)".

SB55-ASA1-AA1,586,15 978. Page 733, line 18: after "(5)" insert "or 560.798 (3)".

SB55-ASA1-AA1,586,16 979. Page 734, line 2: after "(5)" insert "or 560.798 (3)".

SB55-ASA1-AA1,586,17 980. Page 734, line 8: after that line insert:

SB55-ASA1-AA1,586,18 " Section 2146m. 71.07 (2dx) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,586,22 71.07 (2dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or , an enterprise development zone under s. 560.797, or an agricultural development zone under s. 560.798.".

SB55-ASA1-AA1,586,23 981. Page 734, line 22: after that line insert:

SB55-ASA1-AA1,586,24 " Section 2147d. 71.07 (2dx) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,587,5 71.07 (2dx) (b) Credit. (intro.) Except as provided in s. 73.03 (35) and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3) or, 560.797 (4) or 560.798 (3), any person may claim as a credit against taxes imposed on the person's income from the person's business activities in a development zone the following amounts:

SB55-ASA1-AA1, s. 2147g Section 2147g. 71.07 (2dx) (c) of the statutes is amended to read:

SB55-ASA1-AA1,587,16 71.07 (2dx) (c) Credit precluded. If the certification of a person for tax benefits under s. 560.765 (3) or, 560.797 (4) or 560.798 (3) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.

SB55-ASA1-AA1, s. 2147h Section 2147h. 71.07 (2dx) (d) of the statutes is amended to read:

SB55-ASA1-AA1,587,24 71.07 (2dx) (d) Carry-over precluded. If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3) or, 560.797 (4) or 560.798 (3) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.".

SB55-ASA1-AA1,588,1 982. Page 735, line 20: after that line insert:

SB55-ASA1-AA1,588,2 " Section 2148m. 71.07 (5r) of the statutes is created to read:

SB55-ASA1-AA1,588,3 71.07 (5r) Education credit. (a) In this subsection:

SB55-ASA1-AA1,588,6 1. "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.

SB55-ASA1-AA1,588,8 2. "Degree-granting program" means an educational program for which an associate, a bachelor's, or a graduate degree is awarded upon successful completion.

SB55-ASA1-AA1,588,9 3. "Family member" has the meaning given in s. 157.061 (7).

SB55-ASA1-AA1,588,12 4. "Managing employee" means an individual who wholly or partially exercises operational or managerial control over, or who directly or indirectly conducts, the operation of the claimant's business.

SB55-ASA1-AA1,588,13 5. "Poverty line" has the meaning given under s. 49.001 (5).

SB55-ASA1-AA1,588,14 6. "Qualified postsecondary institution" means all of the following:

SB55-ASA1-AA1,588,17 a. A University of Wisconsin System institution, a technical college system institution, or a regionally accredited 4-year nonprofit college or university having its regional headquarters and principal place of business in this state.

SB55-ASA1-AA1,588,19 b. A school approved under s. 45.54, if the school has a physical presence, and the delivery of education occurs, in this state.

SB55-ASA1-AA1,588,21 (b) Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 an amount equal to the following:

SB55-ASA1-AA1,589,2 1. Fifty percent of the tuition that the claimant paid or incurred during the taxable year for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a degree-granting program.

SB55-ASA1-AA1,589,8 2. Seventy five percent of the tuition that the claimant paid or incurred during the taxable year for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a degree-granting program and if the individual's taxable income in the year prior to commencing participation in the education program in connection with which a credit is claimed is not more than 185% of the poverty line.

SB55-ASA1-AA1,589,11 (c) A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant excluded under s. 71.05 (6) (b) 28. or under section 127 of the Internal Revenue Code.

SB55-ASA1-AA1,589,14 (cm) A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for a family member of the claimant or for a family member of a managing employee unless all of the following apply:

SB55-ASA1-AA1,589,18 1. The family member was employed an average of at least 20 hours a week as an employee of the claimant, or the claimant's business, during the one-year period prior to commencing participation in the education program in connection with which the claimant claims a credit under par. (b).

SB55-ASA1-AA1,589,20 2. The family member is enrolled in a degree-granting program that is substantially related to the claimant's business.

SB55-ASA1-AA1,589,22 3. The family member is making satisfactory progress towards completing the degree-granting program under subd. 2.

SB55-ASA1-AA1,589,24 (d) 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.

SB55-ASA1-AA1,590,8 (e) 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 tuition 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.

SB55-ASA1-AA1,590,10 (f) 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.".

SB55-ASA1-AA1,590,11 983. Page 735, line 20: after that line insert:

SB55-ASA1-AA1,590,12 " Section 2148n. 71.07 (5d) of the statutes is created to read:

SB55-ASA1-AA1,590,14 71.07 (5d) Industrial, service, and skilled trades apprenticeship credit. (a) In this subsection:

SB55-ASA1-AA1,590,21 1. "Apprentice" means a person who participates in a 2-year to 5-year apprenticeship program, as determined and approved by the department, in which the person receives instruction leading to qualification as a skilled journeyman in any industrial manufacturing trade or private sector service occupation or receives instruction in the construction trades leading to qualification as a skilled journeyman carpenter, including a floor coverer, millwright, or pile driver; laborer; ironworker; or painter, including a taper.

SB55-ASA1-AA1,590,23 2. "Claimant" means a person who files a claim under this subsection and who is a trades trainer, as determined and approved by the department.

SB55-ASA1-AA1,590,24 3. "Department" means the department of workforce development.

SB55-ASA1-AA1,591,8 (b) Subject to the limitations provided in this subsection, for taxable years beginning after June 30, 2003, a claimant may claim as a credit against the taxes imposed under s. 71.02 an amount that is equal to 5% of the wages that the claimant paid to an apprentice in the taxable year, but not to exceed $1,400, except that a claimant may claim as a credit against the taxes imposed under s. 71.02 an amount that is equal to 8% of the wages that the claimant paid to an apprentice in the taxable year in which the apprentice completes an apprenticeship program, but not to exceed $3,000.

SB55-ASA1-AA1,591,12 (c) No claimant may receive a credit under this subsection unless the claimant enters into an agreement with the department permitting the department to post on the department's Internet site the claimant's name and address and the number of apprentices employed by the claimant during the calendar year.

SB55-ASA1-AA1,591,23 (d) This subsection does not apply to taxable years that begin after June 30, 2006, if the number of employers training apprentices in department-approved programs does not increase by more than 40% from July 1, 2003, to June 30, 2006, as determined by the department, except that a claimant who has claimed a credit for an apprentice's wages in any taxable year beginning before July 1, 2006, may continue to claim a credit for the apprentice's wages in succeeding taxable years, until the apprentice completes the apprenticeship program. As soon as practicable after June 30, 2006, the department shall certify to the department of revenue the number of employers training apprentices in approved programs on July 1, 2003, and the number of employers training apprentices in approved programs on June 30, 2006.

SB55-ASA1-AA1,591,25 (e) 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.