SB40-SSA1,1017,2519
(b)
Filing claims. Subject to the limitations provided in this subsection, for
20taxable years beginning after December 31, 2008, a claimant may claim as a credit
21against the taxes imposed under s. 71.43, up to the amount of those taxes, an amount
22equal to 50 percent of the amount the claimant paid in the taxable year for
23information technology hardware or software that is used to maintain medical
24records in electronic form, if the claimant is a health care provider, as defined in s.
25146.81 (1).
SB40-SSA1,1018,3
1(c)
Limitations. 1. The maximum amount of the credits that may be claimed
2under this subsection and ss. 71.07 (5i) and 71.28 (5i) in a taxable year is
3$10,000,000, as allocated under s. 560.204.
SB40-SSA1,1018,114
2. Partnerships, limited liability companies, and tax-option corporations may
5not claim the credit under this subsection, but the eligibility for, and the amount of,
6the credit are based on their payment of amounts under par. (b). A partnership,
7limited liability company, or tax-option corporation shall compute the amount of
8credit that each of its partners, members, or shareholders may claim and shall
9provide that information to each of them. Partners, members of limited liability
10companies, and shareholders of tax-option corporations may claim the credit in
11proportion to their ownership interests.
SB40-SSA1,1018,1312
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
13s. 71.28 (4), applies to the credit under this subsection.
SB40-SSA1,1018,1615
71.47
(5j) Ethanol and biodiesel fuel pump credit. (a)
Definitions. In this
16subsection:
SB40-SSA1,1018,1717
1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).
SB40-SSA1,1018,1818
2. "Claimant" means a person who files a claim under this subsection.
SB40-SSA1,1018,1919
3. "Motor vehicle fuel" has the meaning given in s. 78.005 (13).
SB40-SSA1,1019,220
(b)
Filing claims. Subject to the limitations provided in this subsection, for
21taxable years beginning after December 31, 2007, and before January 1, 2018, a
22claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
23amount of the taxes, an amount that is equal to 25 percent of the amount that the
24claimant paid in the taxable year to install or retrofit pumps located in this state that
1dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20
2percent biodiesel fuel.
SB40-SSA1,1019,63
(c)
Limitations. 1. The maximum amount of the credit that a claimant may
4claim under this subsection in a taxable year is an amount that is equal to $5,000 for
5each service station for which the claimant has installed or retrofitted pumps as
6described under par. (b).
SB40-SSA1,1019,147
2. Partnerships, limited liability companies, and tax-option corporations may
8not claim the credit under this subsection, but the eligibility for, and the amount of,
9the credit are based on their payment of amounts under par. (b). A partnership,
10limited liability company, or tax-option corporation shall compute the amount of
11credit that each of its partners, members, or shareholders may claim and shall
12provide that information to each of them. Partners, members of limited liability
13companies, and shareholders of tax-option corporations may claim the credit in
14proportion to their ownership interests.
SB40-SSA1,1019,1615
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
16s. 71.28 (4), applies to the credit under this subsection.
SB40-SSA1,1019,1918
71.47
(5k) Community rehabilitation program credit. (a)
Definitions. In this
19subsection:
SB40-SSA1,1019,2020
1. "Claimant" means a person who files a claim under this subsection.
SB40-SSA1,1019,2521
2. "Community rehabilitation program" means a nonprofit entity, county,
22municipality, or state or federal agency that directly provides, or facilitates the
23provision of, vocational rehabilitation services to individuals who have disabilities
24to maximize the employment opportunities, including career advancement, of such
25individuals.
SB40-SSA1,1020,2
13. "Vocational rehabilitation services" include education, training,
2employment, counseling, therapy, placement, and case management.
SB40-SSA1,1020,53
4. "Work" includes production, packaging, assembly, food service, custodial
4service, clerical service, and other commercial activities that improve employment
5opportunities for individuals who have disabilities.
SB40-SSA1,1020,116
(b)
Filing claims. Subject to the limitations provided in this subsection, for
7taxable years beginning after July 1, 2007, a claimant may claim as a credit against
8the tax imposed under s. 71.43, up to the amount of those taxes, an amount equal to
95 percent of the amount the claimant paid in the taxable year to a community
10rehabilitation program to perform work for the claimant's business, pursuant to a
11contract.
SB40-SSA1,1020,1512
(c)
Limitations. 1. The maximum amount of the credit that any claimant may
13claim under this subsection in a taxable year is $25,000 for each community
14rehabilitation program for which the claimant enters into a contract to have the
15community rehabilitation program perform work for the claimant's business.
SB40-SSA1,1020,2016
2. No credit may be claimed under this subsection unless the claimant submits
17with the claimant's return a form, as prescribed by the department of revenue, that
18verifies that the claimant has entered into a contract with a community
19rehabilitation program and that the program has received payment from the
20claimant for work provided by the program, consistent with par. (b).
SB40-SSA1,1021,321
3. Partnerships, limited liability companies, and tax-option corporations may
22not claim the credit under this subsection, but the eligibility for, and the amount of,
23the credit are based on their payment of amounts under par. (b). A partnership,
24limited liability company, or tax-option corporation shall compute the amount of
25credit that each of its partners, members, or shareholders may claim and shall
1provide that information to each of them. Partners, members of limited liability
2companies, and shareholders of tax-option corporations may claim the credit in
3proportion to their ownership interests.
SB40-SSA1,1021,54
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
5s. 71.28 (4), applies to the credit under this subsection.
SB40-SSA1,1021,77
71.49
(1) (bn) Community rehabilitation program credit under s. 71.47 (5k).
SB40-SSA1,1021,109
71.49
(1) (dd) Dairy manufacturing facility investment credit under s. 71.47
10(3p).
SB40-SSA1,1021,1212
71.49
(1) (ds)
Ethanol and biodiesel fuel pump credit under s. 71.47 (5j).
SB40-SSA1,1021,1414
71.49
(1) (epa) Electronic medical records credit under s. 71.47 (5i).
SB40-SSA1, s. 2120
15Section
2120. 71.49 (1) (epp) of the statutes is renumbered 71.49 (1) (eps) and
16amended to read:
SB40-SSA1,1021,1717
71.49
(1) (eps) Film production services credit under s. 71.47 (5f)
(b) 1. and 3.
SB40-SSA1,1021,2219
71.49
(1) (f) The total of farmers' drought property tax credit under s. 71.47
20(1fd), farmland preservation credit under subch. IX, farmland tax relief credit under
21s. 71.47 (2m), enterprise zone jobs credit under s. 71.47 (3w),
film production services
22credit under s. 71.28 (5f) (b) 2., and estimated tax payments under s. 71.48.
SB40-SSA1, s. 2121s
23Section 2121s. 71.54 (1) (f) (intro.) of the statutes is amended to read:
SB40-SSA1,1022,3
171.54
(1) (f)
2001 and thereafter. (intro.)
The Subject to sub. (2m), the amount
2of any claim filed in 2001 and thereafter and based on property taxes accrued or rent
3constituting property taxes accrued during the previous year is limited as follows:
SB40-SSA1,1022,65
71.54
(2) (b) 3.
In Subject to sub. (2m), in calendar year 1990 or any subsequent
6calendar year, $1,450.
SB40-SSA1,1022,218
71.54
(2m) Indexing for inflation;
2007 and thereafter. (a) For taxable years
9beginning after December 31, 2006, the dollar amounts for the threshold income
10under sub. (1) (f) 1. and 2., the maximum household income under sub. (1) (f) 3., and
11the maximum property taxes under sub. (2) (b) 3. shall be increased each year by a
12percentage equal to the percentage change between the U.S. consumer price index
13for all urban consumers, U.S. city average, for the month of August of the previous
14year and the U.S. consumer price index for all urban consumers, U.S. city average,
15for the month of August 2005, as determined by the federal department of labor.
16Each amount that is revised under this paragraph shall be rounded to the nearest
17multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount
18is a multiple of $5, such an amount shall be increased to the next higher multiple of
19$10. The department of revenue shall annually adjust the changes in dollar amounts
20required under this paragraph and incorporate the changes into the income tax
21forms and instructions.
SB40-SSA1,1023,222
(b) The department of revenue shall annually adjust the slope under sub. (1)
23(f) 2. such that as a claimant's income increases from the threshold income as
24calculated under par. (a), to an amount that exceeds the maximum household income
25as calculated under par. (a), the credit that may be claimed is reduced to $0 and the
1department of revenue shall incorporate the changes into the income tax forms and
2instructions.
SB40-SSA1,1023,216
71.74
(14) Additional remedy to collect tax. The department may also
7proceed under s. 71.91 (5) for the collection of any additional assessment of income
8or franchise taxes or surtaxes, after notice thereof has been given under sub. (11) and
9before the same shall have become delinquent, when it has reasonable grounds to
10believe that the collection of such additional assessment will be jeopardized by delay.
11In such cases notice of the intention to so proceed shall be given by registered mail
12to the taxpayer, and the warrant of the department shall not issue if the taxpayer
13within 10 days after such notice furnishes a bond in such amount, not exceeding
14double the amount of the tax, and with such sureties as the department shall
15approve, conditioned upon the payment of so much of the additional taxes as shall
16finally be determined to be due, together with interest thereon as provided by s. 71.82
17(1) (a). Nothing in this subsection shall affect the review of additional assessments
18provided by ss. 71.88 (1) (a) and (2) (a), 71.89 (2), 73.01, and 73.015, and any amounts
19collected under this subsection shall be deposited with the
secretary of
20administration department and disbursed after final determination of the taxes as
21are amounts deposited under s. 71.90 (2).
SB40-SSA1,1024,224
71.775
(3) (a) 2. The
partner, member, shareholder, or beneficiary has no
25Wisconsin income other than his or her partner's, member's, shareholder's, or
1beneficiary's share of income from the pass-through entity that is attributable to this
2state
and his or her share of such income is less than $1,000.
SB40-SSA1,1024,114
71.775
(3) (a) 3. The nonresident partner, member, shareholder, or beneficiary
5files an affidavit with the department, in the form and manner prescribed by the
6department, whereby the nonresident partner, member, shareholder, or beneficiary
7agrees to file a Wisconsin income or franchise tax return and be subject to the
8personal jurisdiction of the department, the tax appeals commission, and the courts
9of this state for the purpose of determining and collecting Wisconsin income and
10franchise taxes, including estimated tax payments, together with any related
11interest and penalties.
SB40-SSA1,1024,2413
71.775
(4) (b) 2.
A pass-through entity that pays the tax withheld under sub.
14(2) as provided under subd. 1. is not subject to an underpayment of estimated tax
15under s. 71.09 or 71.29, if 90 percent of the tax that is due for the current taxable year
16is paid by the unextended due date or if 100 percent of the tax that is due for the
17taxable year immediately preceding the current taxable year is paid by the
18unextended due date and the taxable year immediately preceding the current
19taxable year was a 12-month period. Interest Except as provided in par. (f), interest 20at the rate of 12 percent shall be imposed on the unpaid amount of the tax
withheld 21due under sub. (2) during any extension period and interest at the rate of 18 percent
22shall be imposed on the unpaid amount of the tax
withheld due under sub. (2) for the
23period beginning with the extended due date and ending with the date that the
24unpaid amount is paid in full.
SB40-SSA1,1025,9
171.775
(4) (d) A nonresident partner, member, shareholder, or beneficiary of a
2pass-through entity may claim a credit, as prescribed by the department, on his or
3her Wisconsin income or franchise tax return for the amount withheld under sub. (2)
4on his or her behalf
for the tax period for which the income of the pass-through entity
5is reported. For purposes of
this paragraph
determining whether interest under s.
671.84 applies to a nonresident partner, member, shareholder, or beneficiary, the
7amount withheld under sub. (2) is considered to be paid
on the last day of the
8pass-through entity's taxable year for which the tax is paid in 4 equal quarterly
9installments.
SB40-SSA1,1025,2111
71.775
(4) (f) If a pass-through entity subject to withholding under this section
12fails to
withhold pay the tax as required by this section, the pass-through entity shall
13be liable for any
unpaid tax, interest, and penalties
otherwise assessable to the
14nonresident partner, member, shareholder, or beneficiary with respect to income
15from the pass-through entity. If a nonresident partner, member, shareholder, or
16beneficiary of the pass-through entity files a return and pays the tax due, the
17pass-through entity shall not be liable for the tax, but shall be liable for
any interest
18and penalties otherwise applicable for failure to withhold, as
the penalty provided
19under
ss. 71.82 (2) (d) and s. 71.83
(1) (a) 1. and for any interest otherwise assessable
20to the nonresident partner, member, shareholder, or beneficiary with respect to
21income from the pass-through entity.
SB40-SSA1,1026,323
71.80
(20) Magnetic media
Electronic filing. If the internal revenue service
24requires a person to file information returns or wage statements
on magnetic media
25or in other machine-readable form electronically for federal income tax purposes, the
1person shall also file the comparable state information returns or wage statements
2on magnetic media or in other machine-readable form
electronically with the
3department of revenue for income or franchise tax purposes.
SB40-SSA1,1026,6
571.805 Tax avoidance transactions voluntary compliance program. (1)
6Definitions. In this section:
SB40-SSA1,1026,137
(a) "Tax avoidance transaction" means a transaction, plan, or arrangement
8devised for the principal purpose of avoiding federal or Wisconsin income or
9franchise tax. "Tax avoidance transaction" includes a listed transaction as provided
10under U.S. department of the treasury regulations as of the effective date of this
11paragraph .... [revisor inserts date], and may include a transaction, as determined
12by the department, that provides a tax benefit for Wisconsin income or franchise tax
13purposes without providing a similar benefit for federal income tax purposes.
SB40-SSA1,1026,1614
(b) "Taxpayer" means a person who is subject to the taxes imposed under this
15chapter and who has a tax liability attributable to using a tax avoidance transaction
16for any taxable year beginning before January 1, 2007.
SB40-SSA1,1026,18
17(2) Penalty waiver or abatement. All of the following apply with regard to a
18taxpayer who satisfies the conditions under sub. (3):
SB40-SSA1,1026,2219
(a) Except as provided under sub. (4) (b), the department shall waive or abate
20all penalties that are applicable to the underreporting or underpayment of Wisconsin
21income or franchise taxes attributable to using a tax avoidance transaction for any
22taxable year for which the taxpayer satisfies the conditions under sub. (3).
SB40-SSA1,1026,2523
(b) The department shall not seek a criminal prosecution against the taxpayer
24with respect to using a tax avoidance transaction for any taxable year for which the
25taxpayer satisfies the conditions under sub. (3).
SB40-SSA1,1027,3
1(3) Taxpayer eligibility. A taxpayer is eligible for the benefits described under
2sub. (2) (a) and (b), if, during the period beginning on October 1, 2007, and ending
3on February 29, 2008, the taxpayer does the following:
SB40-SSA1,1027,94
(a) Files an amended Wisconsin tax return for each taxable year for which the
5taxpayer has previously filed a Wisconsin tax return that uses a tax avoidance
6transaction to underreport the taxpayer's Wisconsin income or franchise tax liability
7and the amended return reports the total Wisconsin net income and tax for the
8taxable year, computed without regard to any tax avoidance transaction and without
9regard to any other adjustment that is unrelated to any tax avoidance transaction.
SB40-SSA1,1027,1710
(b) Pays, in full, for each taxable year for which an amended return is filed
11under par. (a), the entire amount of Wisconsin income or franchise tax and interest
12due that is attributable to using a tax avoidance transaction, except that the
13secretary of revenue may enter into an agreement with the taxpayer to make
14payments in installments. A taxpayer who does not comply with an installment
15agreement provided under this paragraph is ineligible to receive the benefits
16described under sub. (2) (a) and (b) and the total amount of tax, interest, and
17penalties shall be immediately due and payable.
SB40-SSA1,1027,21
18(4) Limitations and administration. (a) A taxpayer who receives the benefits
19described under sub. (2) may not file an appeal or a claim for credit or refund with
20respect to the tax avoidance transactions for the taxable years for which the taxpayer
21satisfied the conditions under sub. (3).
SB40-SSA1,1027,2522
(b) The department may not waive or abate a penalty as provided under sub.
23(2) (a) if the penalty relates to an amount of Wisconsin income and franchise tax that
24is attributable to a tax avoidance transaction and assessed or paid prior to October
251, 2007, or after February 29, 2008.
SB40-SSA1,1028,2
271.81 Disclosing reportable transactions. (1) Definitions. In this section:
SB40-SSA1,1028,83
(a) "Listed transaction" means any reportable transaction that is the same as,
4or substantially similar to, a transaction, plan, or arrangement specifically identified
5by the U.S. secretary of the treasury as a listed transaction, for purposes of section
66011 of the Internal Revenue Code and that is specifically identified by the U.S.
7secretary of the treasury as a listed transaction on or after the date the transaction
8occurred.
SB40-SSA1,1028,139
(b) "Material advisor" means any person who provides any material aid,
10assistance, or advice with respect to organizing, managing, promoting, selling,
11implementing, insuring, or carrying out any reportable transaction and who, directly
12or indirectly, derives gross income from providing such aid, assistance, or advice in
13an amount that exceeds the threshold amount.
SB40-SSA1,1028,1814
(c) "Reportable transaction" means any transaction, plan, or arrangement,
15including a listed transaction, for which a taxpayer is required to submit information
16to the department because the taxpayer is required to disclose the transaction, plan,
17or arrangement for federal income tax purposes for the taxable year in which the
18transaction occurred, as provided under U.S. department of treasury regulations.
SB40-SSA1,1028,2119
(d) "Tax shelter" means any entity, plan, or arrangement, if avoiding or evading
20federal income tax or Wisconsin income or franchise tax is a significant purpose of
21the entity, plan, or arrangement.
SB40-SSA1,1028,2222
(e) "Threshold amount" means the following:
SB40-SSA1,1028,2423
1. In the case of a reportable transaction, not including a listed transaction,
24from which the tax benefits are provided primarily to an individual, $50,000.
SB40-SSA1,1029,2
12. In the case of a listed transaction from which the tax benefits are provided
2primarily to an individual, $10,000.
SB40-SSA1,1029,53
3. In the case of a reportable transaction, not including a listed transaction,
4from which the tax benefits are provided primarily to an entity and not an individual,
5$250,000.
SB40-SSA1,1029,76
4. In the case of a listed transaction, from which the tax benefits are provided
7primarily to an entity and not an individual, $25,000.
SB40-SSA1,1029,24
8(2) Disclosure. For each taxable year in which a taxpayer has participated in
9a reportable transaction, the taxpayer shall file with the department a copy of any
10form required by the internal revenue service for disclosing the reportable
11transaction for federal income tax purposes no later than 60 days after the date for
12which the taxpayer is required to file the form for federal income tax purposes, except
13that, if the taxpayer has filed a form with the internal revenue service on or before
14the effective date of this subsection .... [revisor inserts date], the taxpayer shall file
15a copy of the form with the department no later than February 29, 2008. The
16department may require that forms filed with the department under this subsection
17be filed separately from this state's income or franchise tax return. This subsection
18applies to any reportable transaction entered into on or after January 1, 2001, or any
19reportable transaction entered into prior to January 1, 2001, that reduced the
20taxpayer's tax liability for taxable years beginning on or after January 1, 2001, for
21any taxable year for which the transaction remains undisclosed and for which the
22statute of limitations on assessment, including any extension provided under sub.
23(6), has not expired as of the date that is 60 days after the effective date of this
24subsection .... [revisor inserts date].
SB40-SSA1,1030,3
1(3) Penalty for failing to disclose. (a) Any taxpayer who does not file the
2form under sub. (2) and who is required to file the form is subject to the following
3penalty:
SB40-SSA1,1030,64
1. If the taxpayer participated in a reportable transaction that is not a listed
5transaction, the lesser of $15,000 or 10 percent of the tax benefit obtained from the
6reportable transaction.
SB40-SSA1,1030,77
2. If the taxpayer participated in a listed transaction, $30,000.
SB40-SSA1,1030,138
(b) The secretary of revenue may waive or abate any penalty imposed under
9this subsection, or any portion of such penalty, related to a reportable transaction
10that is not a listed transaction, if the waiver or abatement promotes compliance with
11this section and effective tax administration. Notwithstanding any other law or rule,
12a determination by the secretary of revenue under this paragraph may not be
13reviewed in any judicial proceeding.
SB40-SSA1,1030,2314
(c) The penalties imposed under this subsection apply to any failure to disclose
15a listed transaction entered into on or after January 1, 2001, or entered into prior to
16January 1, 2001, that reduced the taxpayer's tax liability for taxable years beginning
17on or after January 1, 2001, including transactions that were not listed transactions
18when entered into, but became listed transactions before the effective date of this
19paragraph .... [revisor inserts date], or any other reportable transaction entered into
20after the effective date of this paragraph .... [revisor inserts date], for any taxable
21year for which the statute of limitations on assessment, including any extension
22under sub. (6), has not expired as of the effective date of this paragraph .... [revisor
23inserts date].