Amendment ASA1-AB75

AB75-ASA1, s. 1557 Section 1557. 71.07 (3m) (a) 4. of the statutes is amended to read:

AB75-ASA1,781,15 71.07 (3m) (a) 4. "Gross farm profits" means gross receipts, excluding rent, from agricultural use, as defined in s. 91.01 (1), 2007 stats., including the fair market value at the time of disposition of payments in kind for placing land in federal programs or payments from the federal dairy termination program under 7 USC 1446 (d), less the cost or other basis of livestock or other items purchased for resale which are sold or otherwise disposed of during the taxable year.

AB75-ASA1, s. 1558 Section 1558. 71.07 (3m) (e) of the statutes is created to read:

AB75-ASA1,781,18 71.07 (3m) (e) Sunset. No new claim may be filed under this subsection for a taxable year that begins after December 31, 2009.

AB75-ASA1, s. 1569 Section 1569. 71.07 (3q) of the statutes is created to read:

AB75-ASA1,781,20 71.07 (3q) Jobs tax credit. (a) Definitions. In this subsection:

AB75-ASA1,781,22 1. "Claimant" means a person certified to receive tax benefits under s. 560.2055 (2).

AB75-ASA1,781,24 2. "Eligible employee" means an eligible employee under s. 560.2055 (1) (b) who satisfies the wage requirements under s. 560.2055 (3) (a) or (b).

AB75-ASA1,782,3 (b) Filing claims. Subject to the limitations provided in this subsection and s. 560.2055, for taxable years beginning after December 31, 2011, a claimant may claim as a credit against the taxes imposed under s. 71.02 any of the following.

AB75-ASA1,782,6 1. The amount of wages that the claimant paid to an eligible employee in the taxable year, not to exceed 10 percent of such wages, as determined by the department of commerce under s. 560.2055.

AB75-ASA1,782,9 2. The amount of the costs incurred by the claimant in the taxable year, as determined under s. 560.2055, to undertake the training activities described under s. 560.2055 (3) (c).

AB75-ASA1,782,17 (c) Limitations. 1. 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 amounts 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 interests.

AB75-ASA1,782,20 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.2055 (2).

AB75-ASA1,782,22 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB75-ASA1,783,2 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise due under s. 71.02, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (bb).

AB75-ASA1, s. 1571 Section 1571. 71.07 (3s) (a) 1. of the statutes is amended to read:

AB75-ASA1,783,5 71.07 (3s) (a) 1. "Manufacturing" has the meaning given in s. 77.54 (6m), 2007 stats.

AB75-ASA1, s. 1572 Section 1572. 71.07 (5) (a) 3. of the statutes is amended to read:

AB75-ASA1,783,9 71.07 (5) (a) 3. Casualty and theft deductions under section 165 (c) (3) of the internal revenue code, except for casualty losses that are directly related to a presidentially declared disaster under 26 USC 7508A.

AB75-ASA1, s. 1575 Section 1575. 71.07 (5b) (d) 3. of the statutes is created to read:

AB75-ASA1,783,15 71.07 (5b) (d) 3. For calendar years beginning after December 31, 2007, if an investment for which a claimant claims a credit under par. (b) is held by the claimant for less than 3 years, the claimant shall pay to the department, in the manner prescribed by the department, the amount of the credit that the claimant received related to the investment.

AB75-ASA1, s. 1579 Section 1579. 71.07 (5d) (d) 1. of the statutes is amended to read:

AB75-ASA1,783,21 71.07 (5d) (d) 1. If For calendar years beginning after December 31, 2007, if an investment for which a claimant claims a credit under par. (b) is held by the claimant for less than one year 3 years, the claimant shall pay to the department, in the manner prescribed by the department, the amount of the credit that the claimant received related to the investment.

AB75-ASA1, s. 1579x Section 1579x. 71.07 (5f) of the statutes is repealed and recreated to read:

AB75-ASA1,783,23 71.07 (5f) Film production services credit. (a) Definitions. In this subsection:

AB75-ASA1,784,9 1. "Accredited production" means a film, video, broadcast advertisement, or television production, as approved by the department of commerce, for which the aggregate salary and wages included in the cost of the production for the period ending 12 months after the month in which the principal filming or taping of the production begins exceeds $100,000 for a production that is 30 minutes or longer or $50,000 for a production that is less than 30 minutes. "Accredited production" also means an electronic game, as approved by the department of commerce, for which the aggregate salary and wages included in the cost of the production for the period ending 36 months after the month in which the principal programming, filming, or taping of the production begins exceeds $100,000. "Accredited production" does not include any of the following, regardless of the production costs:

AB75-ASA1,784,11 a. News, current events, or public programming or a program that includes weather or market reports.

AB75-ASA1,784,12 b. A talk show.

AB75-ASA1,784,13 c. A production with respect to a questionnaire or contest.

AB75-ASA1,784,14 d. A sports event or sports activity.

AB75-ASA1,784,15 e. A gala presentation or awards show.

AB75-ASA1,784,16 f. A finished production that solicits funds.

AB75-ASA1,784,19 g. A production for which the production company is required under 18 USC 2257 to maintain records with respect to a performer portrayed in a single media or multimedia program.

AB75-ASA1,784,21 h. A production produced primarily for industrial, corporate, or institutional purposes.

AB75-ASA1,784,22 2. "Claimant" means a person who files a claim under this subsection.

AB75-ASA1,785,6 3. "Production expenditures" means any expenditures that are incurred in this state and directly used to produce an accredited production, including expenditures for set construction and operation, wardrobes, make-up, clothing accessories, photography, sound recording, sound synchronization, sound mixing, lighting, editing, film processing, film transferring, special effects, visual effects, renting or leasing facilities or equipment, renting or leasing motor vehicles, food, lodging, and any other similar expenditure as determined by the department of commerce. "Production expenditures" do not include salary, wages, or labor-related contract payments.

AB75-ASA1,785,9 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 any of the following amounts:

AB75-ASA1,785,19 1. An amount equal to 25 percent of the salary, wages, or labor-related contract payments paid by the claimant in the taxable year to individuals, including actors, who were residents of this state at the time that they were paid and who worked on an accredited production in this state, not including the salary, wages, or contract payments paid to any individual who was paid more than $250,000. A claimant may claim an additional amount equal to 3 percent of any salary, wages, or contract payments described in this subdivision if the individual who received the salary, wages, or contract payments was also living in an economically distressed area of this state, as determined by the department of commerce under s. 560.706 (2) (e), at the time that the individual was paid.

AB75-ASA1,786,2 2. An amount equal to 20 percent of the salary, wages, or labor-related contract payments paid by the claimant in the taxable year to individuals who were not residents of this state at the time that they were paid and who worked on an accredited production in this state, not including the salary, wages, or contract payments paid to any individual who was paid more than $250,000 or paid as above-the-line expenses to individuals such as nontechnical crew members, producers, writers, casting directors, and actors.

AB75-ASA1,786,4 3. An amount equal to 25 percent of the production expenditures paid by the claimant in the taxable year to produce an accredited production.

AB75-ASA1,786,7 (c) Limitations. 1. A claimant may not claim a credit under this subsection if less than 35 percent of the total budget for the accredited production is spent in this state.

AB75-ASA1,786,11 2. The total amount of the credits that a claimant may claim under par. (b) 2. in a taxable year shall not exceed an amount equal to the first $20,000 of salary, wages, or labor-related contract payments paid to each individual described in par. (b) 2. in the taxable year.

AB75-ASA1,786,14 3. No credit may be claimed under par. (b) 3. for the purchase of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) the sale of which is not sourced to this state, as provided under s. 77.522.

AB75-ASA1,786,16 4. The maximum amount of all credits that a claimant may claim under this subsection for each accredited production is $10,000,000.

AB75-ASA1,786,21 5. The maximum amount of the credits that may be claimed under this subsection and sub. (5h) and ss. 71.28 (5f) and (5h) and 71.47 (5f) and (5h) in fiscal year 2009-10 is $1,500,000. The maximum amount of the credits that may be claimed under this subsection and sub. (5h) and ss. 71.28 (5f) and (5h) and 71.47 (5f) and (5h) in fiscal year 2010-11 is $1,500,000.

AB75-ASA1,787,3 6. No credit may be allowed under this subsection unless the claimant files an application with the department of commerce, at the time and in the manner prescribed by the department of commerce, and the department of commerce approves the application. The claimant shall submit a fee with the application in an amount equal to 2 percent of the claimant's budgeted production expenditures or to $5,000, whichever is less. The claimant shall submit a copy of the approved application with the claimant's return.

AB75-ASA1,787,11 7. 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 amounts 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.

AB75-ASA1,787,13 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credits under this subsection.

AB75-ASA1,787,18 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise due under s. 71.02 or 71.08 or no tax is due under s. 71.02 or 71.08, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (bm).

AB75-ASA1, s. 1580x Section 1580x. 71.07 (5h) (a) 2. of the statutes is amended to read:

AB75-ASA1,787,23 71.07 (5h) (a) 2. "Film production company" means an entity that exclusively creates films, videos, electronic games, broadcast advertisement, or television productions, not including the productions described under s. 71.07 accredited productions, as defined in sub. (5f) (a) 1. a. to h.

AB75-ASA1, s. 1580yb Section 1580yb. 71.07 (5h) (b) (intro.) of the statutes is amended to read:

AB75-ASA1,788,7 71.07 (5h) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007 2008, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of the taxes, for the first 3 taxable years that the claimant is doing business in this state as a film production company, or 71.08 an amount that is equal to 15 percent of the following that the claimant paid in the taxable year to establish or operate a film production company in this state:

AB75-ASA1, s. 1580yc Section 1580yc. 71.07 (5h) (b) 1. of the statutes is amended to read:

AB75-ASA1,788,12 71.07 (5h) (b) 1. The purchase price of depreciable, tangible personal property and items, property, and goods under s. 77.52 (1) (b), (c), and (d), if the sale of the tangible personal property, items, property, or goods is sourced to this state under s. 77.522.

AB75-ASA1, s. 1580ye Section 1580ye. 71.07 (5h) (c) 1. of the statutes is amended to read:

AB75-ASA1,788,18 71.07 (5h) (c) 1. A claimant may claim the credit under par. (b) 1., if the tangible personal property, or item, property, or good under s. 77.52 (1) (b), (c), or (d), is purchased after December 31, 2007 2008, and the tangible personal property, item, property, or good is used for at least 50 percent of its use in the claimant's business as a film production company.

AB75-ASA1, s. 1580yf Section 1580yf. 71.07 (5h) (c) 2. of the statutes is amended to read:

AB75-ASA1,788,25 71.07 (5h) (c) 2. A claimant may claim the credit under par. (b) 2. for an amount expended to construct, rehabilitate, remodel, or repair real property, if the claimant began the physical work of construction, rehabilitation, remodeling, or repair, or any demolition or destruction in preparation for the physical work, after December 31, 2007 2008, and the completed project is placed in service after December 31, 2007 2008.

AB75-ASA1, s. 1580yg Section 1580yg. 71.07 (5h) (c) 3. of the statutes is amended to read:

AB75-ASA1,789,5 71.07 (5h) (c) 3. A claimant may claim the credit under par. (b) 2. for an amount expended to acquire real property, if the property is not previously owned property and if the claimant acquires the property after December 31, 2007 2008, and the completed project is placed in service after December 31, 2007 2008.

AB75-ASA1, s. 1580yh Section 1580yh. 71.07 (5h) (c) 4. of the statutes is amended to read:

AB75-ASA1,789,11 71.07 (5h) (c) 4. No claim may be allowed under this subsection unless the department of commerce certifies, in writing, that the credits claimed under this subsection are for expenses related to establishing or operating a film production company in this state and the claimant submits a copy of the certification with the claimant's return.

AB75-ASA1, s. 1580yj Section 1580yj. 71.07 (5h) (c) 4d. of the statutes is created to read:

AB75-ASA1,789,15 71.07 (5h) (c) 4d. The maximum amount of all credits that a claimant may claim under this subsection for each project for which expenses are certified under subd. 4. is $10,000,000.

AB75-ASA1, s. 1580yk Section 1580yk. 71.07 (5h) (c) 4m. of the statutes is created to read:

AB75-ASA1,789,21 71.07 (5h) (c) 4m. The maximum amount of the credits that may be claimed under this subsection and sub. (5f) and ss. 71.28 (5f) and (5h) and 71.47 (5f) and (5h) in fiscal year 2009-10 is $1,500,000. The maximum amount of the credits that may be claimed under this subsection and sub. (5f) and ss. 71.28 (5f) and (5h) and 71.47 (5f) and (5h) in fiscal year 2010-11 is $1,500,000.

AB75-ASA1, s. 1580yL Section 1580yL. 71.07 (5h) (d) of the statutes is renumbered 71.07 (5h) (d) 1. and amended to read:

AB75-ASA1,789,25 71.07 (5h) (d) 1. Section 71.28 (4) (e) to , (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credits under this subsection.

AB75-ASA1, s. 1580ym Section 1580ym. 71.07 (5h) (d) 2. of the statutes is created to read:

AB75-ASA1,790,7 71.07 (5h) (d) 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise due under s. 71.02 or 71.08 or no tax is due under s. 71.02 or 71.08, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (bL).

AB75-ASA1, s. 1582 Section 1582. 71.07 (5i) (b) of the statutes is amended to read:

AB75-ASA1,790,15 71.07 (5i) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2009 2011, a claimant may claim as a credit against the taxes imposed under s. ss. 71.02 and 71.08, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in s. 146.81 (1) (a) to (p).

AB75-ASA1, s. 1583 Section 1583. 71.07 (5j) (b) of the statutes is amended to read:

AB75-ASA1,790,23 71.07 (5j) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under s. ss. 71.02 and 71.08, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.

AB75-ASA1, s. 1583d Section 1583d. 71.07 (5k) (b) of the statutes is amended to read:

AB75-ASA1,791,6 71.07 (5k) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after July 1, 2009 2011, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to 5 percent of the amount the claimant paid in the taxable year to a community rehabilitation program to perform work for the claimant's business, pursuant to a contract.

AB75-ASA1, s. 1584 Section 1584. 71.07 (8r) of the statutes is created to read:

AB75-ASA1,791,9 71.07 (8r) Beginning farmer and farm asset owner tax credit. (a) Definitions. In this subsection:

AB75-ASA1,791,11 1. "Agricultural assets" means machinery, equipment, facilities, or livestock that is used in farming.

AB75-ASA1,791,13 2. "Beginning farmer" means a person who meets the conditions specified in s. 93.53 (2).

AB75-ASA1,791,15 3. "Claimant" means a beginning farmer who files a claim under this subsection or an established farmer who files a claim under this subsection.

AB75-ASA1,791,19 4. "Educational institution" means the Wisconsin Technical College System, the University of Wisconsin-Extension, the University of Wisconsin-Madison, or any other institution that is approved by the department of agriculture, trade and consumer protection under s. 93.53 (6) (a).

AB75-ASA1,791,21 5. "Established farmer" means a person who meets the conditions specified in s. 93.53 (3).

AB75-ASA1,791,23 6. "Farming" has the meaning given in section 464 (e) (1) of the Internal Revenue Code.

AB75-ASA1,791,25 7. "Financial management program" means a course in farm financial management that is offered by an educational institution.

AB75-ASA1,792,3 8. "Lease amount" is the amount of the cash payment paid by a beginning farmer to an established farmer each year for leasing the established farmer's agricultural assets.

AB75-ASA1,792,12 (b) Filing claims. 1. For taxable years beginning after December 31, 2010, and subject to the limitations provided in this subsection, a beginning farmer may claim as a credit against the tax imposed under s. 71.02 or 71.08, on a one-time basis, the amount paid by the beginning farmer to enroll in a financial management program in the year to which the claim relates. If the allowable amount of the claim exceeds the income taxes otherwise due on the beginning farmer's income, the amount of the claim not used as an offset against those taxes shall be certified by the department of revenue to the department of administration for payment to the claimant by check, share draft, or other draft from the appropriation under s. 20.835 (2) (en).

AB75-ASA1,792,21 2. For taxable years beginning after December 31, 2010, and subject to the limitations provided in this subsection, an established farmer may claim as a credit against the tax imposed under s. 71.02 or 71.08 15 percent of the lease amount received by the established farmer in the year to which the claim relates. If the allowable amount of the claim exceeds the income taxes otherwise due on the established farmer's income, the amount of the claim not used as an offset against those taxes shall be certified by the department of revenue to the department of administration for payment to the claimant by check, share draft, or other draft from the appropriation under s. 20.835 (2) (en).