Amendment SA49-AB100

LRBb0787/1

JK:kjf:pg

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 49, TO 2005 ASSEMBLY BILL 100

June 29, 2005 - Offered by Senator Robson.

AB100-SA49,1,1 At the locations indicated, amend the engrossed bill as follows:

AB100-SA49,1,2 1. Page 323, line 9: after that line insert:

AB100-SA49,1,3 " Section 455n. 20.855 (4) (fn) of the statutes is created to read:

AB100-SA49,1,8 20.855 (4) (fn) Transfer to transportation fund; additional general fund tax revenues. Beginning on April 1, 2006, and on each April 1 thereafter, to be transferred to the transportation fund, a sum sufficient in an amount equal to the amount to be paid into the transportation fund, as determined under s. 78.018 (2) and (3).".

AB100-SA49,1,9 2. Page 572, line 24: after that line insert:

AB100-SA49,1,10 " Section 1292e. 71.06 (1p) (intro.) of the statutes is amended to read:

AB100-SA49,2,3 71.06 (1p) Fiduciaries, single individuals and heads of households; after 2000 to 2005. (intro.) The tax to be assessed, levied, and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2000, and before January 1, 2006:

AB100-SA49, s. 1292f Section 1292f. 71.06 (1q) of the statutes is created to read:

AB100-SA49,2,9 71.06 (1q) Fiduciaries, single individuals and heads of households; after 2005. The tax to be assessed, levied, and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2005:

AB100-SA49,2,10 (a) On all taxable income from $0 to $7,500 , 4.6 percent.

AB100-SA49,2,12 (b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.15 percent.

AB100-SA49,2,14 (c) On all taxable income exceeding $15,000 but not exceeding $112,500, 6.5 percent.

AB100-SA49,2,16 (d) On all taxable income exceeding $112,500 but not exceeding $1,000,000, 6.75 percent.

AB100-SA49,2,17 (e) On all taxable income exceeding $1,000,000, 7.75 percent.

AB100-SA49, s. 1292g Section 1292g. 71.06 (2) (g) (intro.) of the statutes is amended to read:

AB100-SA49,2,20 71.06 (2) (g) (intro.) For joint returns, for taxable years beginning after December 31, 2000, and before January 1, 2006:

AB100-SA49, s. 1292h Section 1292h. 71.06 (2) (h) (intro.) of the statutes is amended to read:

AB100-SA49,2,23 71.06 (2) (h) (intro.) For married persons filing separately, for taxable years beginning after December 31, 2000, and before January 1, 2006:

AB100-SA49, s. 1292i Section 1292i. 71.06 (2) (i) of the statutes is created to read:

AB100-SA49,3,2 71.06 (2) (i) For joint returns, for taxable years beginning after December 31, 2005:

AB100-SA49,3,3 1. On all taxable income from $0 to $10,000, 4.6 percent.

AB100-SA49,3,5 2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.15 percent.

AB100-SA49,3,7 3. On all taxable income exceeding $20,000 but not exceeding $150,000, 6.5 percent.

AB100-SA49,3,9 4. On all taxable income exceeding $150,000 but not exceeding $1,000,000, 6.75 percent.

AB100-SA49,3,10 5. On all taxable income exceeding $1,000,000, 7.75 percent.

AB100-SA49, s. 1292j Section 1292j. 71.06 (2) (j) of the statutes is created to read:

AB100-SA49,3,13 71.06 (2) (j) For married persons filing separately, for taxable years beginning after December 31, 2005:

AB100-SA49,3,14 1. On all taxable income from $0 to $5,000, 4.6 percent.

AB100-SA49,3,16 2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.15 percent.

AB100-SA49,3,18 3. On all taxable income exceeding $10,000 but not exceeding $75,000, 6.5 percent.

AB100-SA49,3,20 4. On all taxable income exceeding $75,000 but not exceeding $500,000, 6.75 percent.

AB100-SA49,3,21 5. On all taxable income exceeding $500,000, 7.75 percent.

AB100-SA49, s. 1292k Section 1292k. 71.06 (2e) of the statutes is renumbered 71.06 (2e) (a) and amended to read:

AB100-SA49,4,24 71.06 (2e) Bracket indexing. (a) For taxable years beginning after December 31, 1998, and before January 1, 2000, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1m) and (2) (c) and (d), and for taxable years beginning after December 31, 1999, and before January 1, 2006, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1n), (1p), and (2) (e), (f), (g), and (h), and for taxable years beginning after December 31, 2006, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1q) and (2) (i) and (j), shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2000, and before January 1, 2002, the dollar amount in the top bracket under subs. (1p) (c) and (d), (2) (g) 3. and 4. and (h) 3. and 4. shall be increased by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1999, as determined by the federal department of labor. Each amount that is revised under this subsection paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this subsection paragraph and incorporate the changes into the income tax forms and instructions.

AB100-SA49, s. 1292L Section 1292L. 71.06 (2e) (b) of the statutes is created to read:

AB100-SA49,5,14 71.06 (2e) (b) For taxable years beginning after December 31, 2004, and before January 1, 2006, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1q) (a), (b), (c), and (d) and (2) (i) 1., 2., 3., and 4. and (j) 1., 2., 3., and 4., shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

AB100-SA49, s. 1292m Section 1292m. 71.06 (2m) of the statutes is amended to read:

AB100-SA49,5,19 71.06 (2m) Rate changes. If a rate under sub. (1), (1m), (1n), (1p), (1q), or (2) changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section 15 of the internal revenue code Internal Revenue Code.

AB100-SA49, s. 1292n Section 1292n. 71.06 (2s) (d) of the statutes is amended to read:

AB100-SA49,6,8 71.06 (2s) (d) For taxable years beginning after December 31, 2000, and before January 1, 2006, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1p) and (2) (g) and (h) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1p) and (2) (g) and (h) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.

AB100-SA49, s. 1202o Section 1202o. 71.06 (2s) (e) of the statutes is created to read:

AB100-SA49,6,22 71.06 (2s) (e) For taxable years beginning after December 31, 2005, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1q) and (2) (i) and (j) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1q) and (2) (i) and (j) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.".

AB100-SA49,6,23 3. Page 588, line 3: after that line insert:

AB100-SA49,6,24 " Section 1318e. 71.125 of the statutes is amended to read:

AB100-SA49,7,5 71.125 Imposition of tax. (1) Except as provided in sub. (2), the tax imposed by this chapter on individuals and the rates under s. 71.06 (1), (1m), (1n), (1p), (1q), and (2) shall apply to the Wisconsin taxable income of estates or trusts, except nuclear decommissioning trust or reserve funds, and that tax shall be paid by the fiduciary.

AB100-SA49,7,10 (2) Each electing small business trust, as defined in section 1361 (e) (1) of the Internal Revenue Code, is subject to tax at the highest rate under s. 71.06 (1), (1m), (1n) or, (1p), or (1q), whichever taxable year is applicable, on its income as computed under section 641 of the Internal Revenue Code, as modified by s. 71.05 (6) to (12), (19), and (20).

AB100-SA49, s. 1318s Section 1318s. 71.17 (6) of the statutes is amended to read:

AB100-SA49,7,15 71.17 (6) Funeral trusts. If a qualified funeral trust makes the election under section 685 of the Internal Revenue Code for federal income tax purposes, that election applies for purposes of this chapter and each trust shall compute its own tax and shall apply the rates under s. 71.06 (1), (1m), (1n) or , (1p), or (1q).".

AB100-SA49,7,16 4. Page 614, line 11: after that line insert:

AB100-SA49,7,17 " Section 1343g. 71.25 (9) (a) of the statutes is amended to read:

AB100-SA49,8,4 71.25 (9) (a) The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period. For sales of tangible personal property, the numerator of the sales factor is the sales of the taxpayer during the tax period under par. (b) 1. and 2. plus 50% of the sales of the taxpayer during the tax period under pars. (b) 2m. and 3. and (c). For purposes of determining the numerator of the sales factor for a member of a combined reporting group under s. 71.255 (7), "taxpayer" means the member of a combined reporting group, as defined in s. 71.255 (1) (c), that transferred title to tangible personal property or, for sales other than sales of tangible personal property, that made the sale.".

AB100-SA49,8,5 5. Page 616, line 12: after that line insert:

AB100-SA49,8,6 " Section 1349e. 71.255 of the statutes is created to read:

AB100-SA49,8,7 71.255 Combined reporting. (1) Definitions. In this section:

AB100-SA49,8,11 (a) "Brother-sister parent corporation" means a parent corporation that is a member of a commonly controlled group, if any members of the commonly controlled group are not connected to the parent corporation by stock ownership or interest ownership as described in par. (d).

AB100-SA49,8,14 (b) "Combined report" means a form prescribed by the department that specifies the income of each taxpayer member of a commonly controlled group operating as a unitary business.

AB100-SA49,8,16 (c) "Combined reporting group" means the members of a commonly controlled group that are included in a combined report under sub. (2).

AB100-SA49,8,18 (d) "Commonly controlled group" means any of the following, but does not include an insurer that is exempt from taxation under s. 71.45 (1):

AB100-SA49,9,2 1. A parent corporation and any corporation or chain of corporations that are connected to the parent corporation by direct or indirect ownership by the parent corporation if the parent corporation owns stock representing more than 50 percent of the voting power of at least one of the connected corporations or if the parent corporation or any of the connected corporations own stock that cumulatively represents more than 50 percent of the voting power of each of the connected corporations.

AB100-SA49,9,5 2. Any 2 or more corporations if a common owner directly or indirectly owns stock representing more than 50 percent of the voting power of the corporations or the connected corporations.

AB100-SA49,9,9 3. A partnership or limited liability company if a parent corporation or any corporation connected to the parent corporation by common ownership directly or indirectly owns more than a 50 percent interest in the capital and profits of the partnership or limited liability company.

AB100-SA49,9,11 4. Any 2 or more corporations if stock representing more than 50 percent of the voting power in each corporation is interest that cannot be separately transferred.

AB100-SA49,9,16 5. Any 2 or more corporations if stock representing more than 50 percent of the voting power in each corporation is directly owned by, or for the benefit of, family members. In this subdivision, "family member" means an individual related by blood, marriage, or adoption within the 2nd degree of kinship as computed under s. 852.03 (2), 1995 stats., or the spouse of such an individual.

AB100-SA49,9,21 6. A corporation, partnership, or limited liability company if a parent corporation or any corporation connected to the parent corporation by common ownership does not hold more than a 50 percent ownership interest in the corporation, partnership, or limited liability company but effectively controls the corporation, partnership, or limited liability company.

AB100-SA49,9,22 (e) "Corporation" has the meaning given in s. 71.22 (1) or 71.42 (1).

AB100-SA49,9,23 (f) "Department" means the department of revenue.

AB100-SA49,10,3 (g) "Designated agent" means the taxpayer member of a commonly controlled group that files a group return on behalf of the taxpayer members of a combined reporting group.

AB100-SA49,10,5 (h) "Group return" means a tax return filed on behalf of the taxpayer members of a combined reporting group.

AB100-SA49,10,8 (i) "Intercompany transaction" means a transaction between corporations, partnerships, or limited liability companies that become members of the same combined reporting group immediately after the transaction.

AB100-SA49,10,10 (im) "Partnership" means any entity considered a partnership under section 7701 of the Internal Revenue Code.

AB100-SA49,10,13 (j) "Separate return" means a return filed by a corporation, regardless of whether the corporation is a member of a combined reporting group or is required to file a tax return under s. 71.24 or 71.44.

AB100-SA49,10,16 (k) "Taxpayer member" means a corporation that is subject to tax under s. 71.23 (1) or (2) or 71.43, that is a member of a combined reporting group, and that files a combined report under this section.

AB100-SA49,10,22 (L) "Top-tier corporation" means a member of a commonly controlled group that is not connected with a parent corporation by stock ownership or interest ownership as described in par. (d), is a parent corporation, or is a brother-sister parent corporation, regardless of whether it is doing business in this state or deriving income from sources in this state, and regardless of whether its income and apportionment factors are excluded from a combined report filed under this section.

AB100-SA49,11,6 (m) "Unitary business" includes the business activities or operations of an entity that are of mutual benefit to, integrated with, or dependent upon or that contribute to activities of at least one other entity, including transactions that serve an operational function, as determined by the department. Two or more businesses are presumed to be a unitary business if the businesses have unity of ownership, operation, and use as indicated by centralized management or a centralized executive force; centralized purchasing, advertising, or accounting; intercorporate sales or leases; intercorporate services; intercorporate debts; intercorporate use of proprietary materials; interlocking directorates; or interlocking corporate officers.