Amendment SA49-AB100

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.

AB100-SA49,11,15 (2) Corporations required to use combined reporting. (a) Except as provided in par. (b), and subject to sub. (6), a corporation that is subject to the tax imposed under s. 71.23 (1) or (2) or 71.43, that is a member of a commonly controlled group, and that is engaged, in whole or in part, in a unitary business with one or more members of the commonly controlled group shall compute the corporation's income attributable to this state by using the income computation under s. 71.26 or 71.45, the apportionment formula under s. 71.25 (6) or 71.45, and the tax credits under s. 71.28 or 71.47 of all of the following that are members of the commonly controlled group:

AB100-SA49,11,20 1. Any corporation organized or incorporated under the laws of the United States, any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, or any political subdivision of the United States, including corporations under sections 931 to 936 of the Internal Revenue Code.

AB100-SA49,11,22 2. Any domestic international sales corporation under sections 991 to 994 of the Internal Revenue Code.

AB100-SA49,11,24 3. Any foreign sales corporation under sections 921 to 927 of the Internal Revenue Code.

AB100-SA49,12,2 4. Any export trade corporation under sections 970 and 971 of the Internal Revenue Code.

AB100-SA49,12,7 5. Any corporation, regardless of its place of incorporation if the average of its property factor under s. 71.25 (7) and its payroll factor under s. 71.25 (8), for property and payroll within the United States and computed on an annual basis, is at least 20 percent during any part of the taxable year that a corporation is a member of the commonly controlled group.

AB100-SA49,12,11 6. Any corporation not described in subds. 1. to 5. to the extent of the corporation's income within the United States and the corporation's property factor under s. 71.25 (7) and payroll factor under s. 71.25 (8) assignable to a location within the United States.

AB100-SA49,12,22 (b) A corporation that is subject to the tax imposed under s. 71.23 (1) or (2) or 71.43, that is a member of a commonly controlled group, and that is engaged, in whole or in part, in a unitary business with one or more members of the commonly controlled group may, subject to sub. (6), compute the corporation's income attributable to this state by using the income computation under s. 71.26 or 71.45, the apportionment formula under s. 71.25 (6) or 71.45, and the tax credits under s. 71.28 or 71.47 of all the members of the commonly controlled group, regardless of the country in which any member of the commonly controlled group is organized or incorporated or conducts business, if all top-tier corporations that are members of the commonly controlled group elect under sub. (3) to compute the corporation's income as provided under this paragraph.

AB100-SA49,13,5 (3) Computation election. (a) A top-tier corporation that is a member of a commonly controlled group may elect on the commonly controlled group's behalf, and in the manner prescribed by the department, to compute the income of each corporation that is a member of the commonly controlled group under sub. (2) (b). If more than one member of the commonly controlled group is a top-tier corporation, an election under this subsection is not effective unless all top-tier corporations elect on the commonly controlled group's behalf, and in the manner prescribed by the department, to compute income under sub. (2) (b).

AB100-SA49,13,13 (b) A top-tier corporation shall file an election made under par. (a) with the department before the last day of the taxable year. The top-tier corporation shall designate a taxable year that corresponds with the taxable year of any taxpayer member that is subject to the tax imposed under s. 71.23 (1) or (2) or 71.43. If the top-tier corporation fails to file the election before the last day of the taxable year designated under this paragraph, all members of the commonly controlled group to which the top-tier corporation belongs, including the top-tier corporation, shall compute income under sub. (2) (a).

AB100-SA49,13,24 (c) Except as provided under par. (d), the members of the commonly controlled group subject to an election under this subsection shall compute their income under sub. (2) (b) for 7 taxable years, beginning with the taxable year designated under par. (b). Thereafter, the members of the commonly controlled group shall compute their income under sub. (2) (b) for periods of 7 taxable years and until any top-tier corporation that is a member of the commonly controlled group notifies the department, in a manner prescribed by the department, before the last day of the last taxable year in any period of 7 taxable years that the top-tier corporation is terminating the election under this subsection. A termination under this paragraph takes effect on the first day of the first taxable year beginning after the top-tier corporation notifies the department under this paragraph.