Amendment SA15-SSA1-SB44

SB44-SSA1-SA15,39,13 (c) For taxable years beginning after December 31, 2005, a domestic insurer that is subject to apportionment under sub. (3) and this subsection shall multiply the net income figure derived by the application of sub. (2) by the percentage under sub. (3) (a).

SB44-SSA1-SA15, s. 1583dph Section 1583dph. 71.45 (3e) of the statutes is created to read:

SB44-SSA1-SA15,39,19 71.45 (3e) Apportionment formula computation. (a) 1. For taxable years beginning before January 1, 2006, if both the numerator and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income are zero, the percentage under sub. (3) (a) is eliminated from the apportionment formula to determine the taxpayer's income under sub. (3).

SB44-SSA1-SA15,39,23 2. For taxable years beginning after December 31, 2005, if both the numerator and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income are zero, none of the taxpayer's net income is apportioned to this state.

SB44-SSA1-SA15,40,3 (b) 1. For taxable years beginning before January 1, 2006, if the numerator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, the percentage under sub. (3) (a) is zero.

SB44-SSA1-SA15,40,8 2. For taxable years beginning after December 31, 2005, if the numerator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, none of the taxpayer's net income is apportioned to this state.

SB44-SSA1-SA15,40,13 (c) 1. For taxable years beginning before January 1, 2006, if the numerator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is zero or a negative number, the percentage under sub. (3) (a) is one.

SB44-SSA1-SA15,40,18 2. For taxable years beginning after December 31, 2005, if the numerator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under sub. (3) (a) related to a taxpayer's net income is zero or a negative number, all of the taxpayer's net income is apportioned to this state.

SB44-SSA1-SA15, s. 1583dpi Section 1583dpi. 71.45 (3m) of the statutes is amended to read:

SB44-SSA1-SA15,41,2 71.45 (3m) Arithmetic average. The Except as provided in sub. (3d), the arithmetic average of the 2 percentages referred to in sub. (3) shall be applied to the net income figure arrived at by the successive application of sub. (2) (a) and (b) with respect to Wisconsin insurers to which sub. (2) (a) and (b) applies and which have collected received premiums, other than life insurance premiums, written upon for insurance, other than life insurance, where the subject of such insurance was on property or risks resident, located or to be performed outside this state, to arrive at Wisconsin income constituting the measure of the franchise tax.

SB44-SSA1-SA15, s. 1583dpj Section 1583dpj. 71.46 (3) of the statutes is repealed.

SB44-SSA1-SA15, s. 1583dpk Section 1583dpk. 71.48 of the statutes is amended to read:

SB44-SSA1-SA15,41,7 71.48 Payments of estimated taxes. Sections Except as provided in s. 71.255 (11), ss. 71.29 and 71.84 (2) shall apply to insurers subject to taxation under this chapter.".

SB44-SSA1-SA15,41,8 5. Page 677, line 25: after that line insert:

SB44-SSA1-SA15,41,9 " Section 1590m. 71.84 (2) (a) of the statutes is amended to read:

SB44-SSA1-SA15,41,20 71.84 (2) (a) Except as provided in s. 71.29 (7), in the case of any underpayment of estimated tax under s. 71.255, 71.29 or 71.48 there shall be added to the aggregate tax for the taxable year interest at the rate of 12% per year on the amount of the underpayment for the period of the underpayment. For corporations, except as provided in par. (b), "period of the underpayment" means the time period from the due date of the installment until either the 15th day of the 3rd month beginning after the end of the taxable year or the date of payment, whichever is earlier. If 90% of the tax shown on the return is not paid by the 15th day of the 3rd month following the close of the taxable year, the difference between that amount and the estimated taxes paid, along with any interest due, shall accrue delinquent interest under s. 71.91 (1) (a).".

SB44-SSA1-SA15,41,21 6. Page 1072, line 14: after that line insert:

SB44-SSA1-SA15,41,23 "(10wx) Estimate of increased general purpose revenues; Senior Care Program.

SB44-SSA1-SA15,42,3 (a) Upon receipt of the report specified under Section 9145 (1wx), the department of health and family services shall provide to the joint committee on finance all of the following:

SB44-SSA1-SA15,42,7 1. Any recommended decreases in copayments, deductibles, or enrollment fees or any recommended income level eligibility changes for participants in the program of prescription drug assistance for elderly persons under section 49.688 of the statutes, as affected by this act.

SB44-SSA1-SA15,42,9 2. Any recommended increases in the appropriation account under section 20.435 (4) (bv) of the statutes for fiscal years 2005-06 and 2006-07.

SB44-SSA1-SA15,42,10 3. Any statutory language changes necessary to effect subdivision 1.

SB44-SSA1-SA15,42,13 (b) The joint committee on finance shall incorporate the recommendations under paragraph (a) into its concideration of the allocation of revenues and expenditures of the biennial budget bill for the 2005-07 biennium.".

SB44-SSA1-SA15,42,14 7. Page 1090, line 1: before that line insert:

SB44-SSA1-SA15,42,20 "(1ww) Income apportionment for financial organizations; rules. The department of revenue shall submit in proposed form rules related to the apportionment of the income of financial organizations under sections 71.04 (4) (e) and 71.25 (6) (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

SB44-SSA1-SA15,43,4 (1wx) Estimate of increased general purpose revenues; Senior Care Program. By April 15, 2005, the department of revenue shall determine the amounts of any estimated increased general purpose revenues for fiscal years 2005-06 and 2006-07 resulting from application of the single sales factor apportionment under sections 71.04 (4) (d), 71.25 (6) (d), and 71.45 (3d) of the statutes, as created by this act, and the combined reporting required under section 71.255 of the statutes, as created by this act, and shall report these amounts to the department of health and family services.".

SB44-SSA1-SA15,43,5 8. Page 1139, line 6: after that line insert:

SB44-SSA1-SA15,43,8 "(2ww) Single sales factor apportionment. The treatment of section 71.45 (3) (intro.), (a), and (b) and (3m) of the statutes first applies to taxable years beginning after December 31, 2003.

SB44-SSA1-SA15,43,11 (2wx) Combined reporting. The treatment of sections 71.25 (9) (a), 71.255, 71.26 (3) (x) and (4), 71.29 (2), 71.44 (1) (e), 71.46 (3), 71.48, and 71.84 (2) (a) of the statutes first applies to taxable years beginning on January 1, 2004.".

SB44-SSA1-SA15,43,12 (End)