Amendment AA122-ASA1-AB75

AB75-ASA1-AA122,45,4 71.255 (2m) Election to include every member of commonly controlled group. (a) The designated agent as provided in sub. (7) may elect, without first obtaining written approval from the department, to include in its combined group every corporation in its commonly controlled group, regardless of whether such corporations are engaged in the same unitary business as the designated agent. Corporations included in the combined group by operation of this election are required to use combined reporting only to the extent described in sub. (2). The commonly controlled group shall calculate its Wisconsin income and apportionment factors as provided under subs. (3), (4), and (5), and all income of all members of the commonly controlled group, whether or not such income would otherwise be subject to apportionment or allocable to a particular state in the absence of an election under this subsection, shall be treated as apportionable income for purposes of the combined report.

AB75-ASA1-AA122,45,8 (b) The election under this subsection shall be executed by the designated agent on an original, timely filed combined report. Any corporation that becomes includable in the commonly controlled group subsequent to the year of election shall have waived any objection to its inclusion in the combined report.

AB75-ASA1-AA122,45,17 (c) An election under this subsection shall be binding for and applicable to the taxable year for which it is made and for the next 9 taxable years. An election may be renewed for another 10 taxable years, without prior written approval from the department after it has been in effect for 10 taxable years. The renewal shall be made on an original, timely filed return for the first taxable year after the completion of a 10-year period for which an election under this subsection was in place. An election that is not renewed shall be revoked. In the case of a revocation, a new election under this subsection shall not be permitted in any of the immediately following 3 taxable years.

AB75-ASA1-AA122,45,21 (d) The department shall disregard the tax effect of an election under this subsection, or disallow the election, with respect to any controlled group member or members for any year of the election period, if the department determines that the election has the effect of tax avoidance.".

AB75-ASA1-AA122,45,22 179. Page 838, line 5: after that line insert:

AB75-ASA1-AA122,45,24 " Section 1621km. 71.255 (6) (a) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1-AA122,46,9 71.255 (6) (a) Except as provided in par. pars. (b) and (c), no tax credit, Wisconsin net business loss carry-forward, or other post-apportionment deduction earned by one member of the combined group, but not fully used by or allowed to that member, may be used in whole or in part by another member of the combined group or applied in whole or in part against the total income of the combined group. A member of a combined group may use a carry-forward of a credit, Wisconsin net business loss carry-forward, or other post-apportionment deduction otherwise allowable under s. 71.26 or 71.45, that was incurred by that same member in a taxable year beginning before March 6 January 1, 2009.".

AB75-ASA1-AA122,46,10 180. Page 838, line 20: after that line insert:

AB75-ASA1-AA122,46,11 " Section 1621Ld. 71.255 (6) (c) of the statutes is created to read:

AB75-ASA1-AA122,46,18 71.255 (6) (c) 1. Subject to the limitations provided under s. 71.26 (3) (n), for each taxable year that a corporation that is a member of a combined group has an unused credit or credit carry-forward under s. 71.28 (4) or (5) or 71.47 (4) or (5), the corporation may, after using that credit or credit carry-forward to offset its own tax liability for the taxable year, use that credit or credit carry-forward to offset the tax liability of all other members of the combined group on a proportionate basis, to the extent such tax liability is attributable to the unitary business.

AB75-ASA1-AA122,46,21 2. Unless otherwise provided by the department by rule, if the corporation may no longer be included in the combined group, as determined by this section, the corporation's unused credits shall be available only to that corporation.".

AB75-ASA1-AA122,46,22 181. Page 839, line 24: after "under s." insert "66.1038 or".

AB75-ASA1-AA122,46,23 182. Page 887, line 2: delete "2011" and substitute "2009".

AB75-ASA1-AA122,46,24 183. Page 887, line 20: after that line insert:

AB75-ASA1-AA122,47,3 "3. The maximum amount of credits that may be awarded under this subsection and ss. 71.07 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000.".

AB75-ASA1-AA122,47,7 184. Page 888, line 2: after "(bb)" insert ", except that the amounts certified under this subdivision for taxable years beginning after December 31, 2009, and before January 1, 2012, shall be paid in taxable years beginning after December 31, 2011".

AB75-ASA1-AA122,47,8 185. Page 888, line 2: after that line insert:

AB75-ASA1-AA122,47,10 " Section 1655m. 71.28 (3w) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 11, is amended to read:

AB75-ASA1-AA122,47,20 71.28 (3w) (bm) 1. In addition to the credits under par. (b) and subd. subds. 2. and 3., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to a percentage, as determined by the department of commerce, not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.

AB75-ASA1-AA122, s. 1655n Section 1655n. 71.28 (3w) (bm) 2. of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB75-ASA1-AA122,48,11 71.28 (3w) (bm) 2. In addition to the credits under par. (b) and subd. subds. 1. and 3., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to the percentage, as determined by the department of commerce under s. 560.799, not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB75-ASA1-AA122, s. 1655p Section 1655p. 71.28 (3w) (bm) 3. of the statutes is created to read:

AB75-ASA1-AA122,48,18 71.28 (3w) (bm) 3. In addition to the credits under par. (b) and subds. 1. and 2., and subject to the limitations provided in this subsection and s. 560.799, for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.23 up to 10 percent of the claimant's significant capital expenditures, as determined by the department of commerce under s. 560.799 (5m).

AB75-ASA1-AA122, s. 1655r Section 1655r. 71.28 (3w) (c) 3. of the statutes is amended to read:

AB75-ASA1-AA122,48,22 71.28 (3w) (c) 3. 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. 560.799 (5) or (5m).".

AB75-ASA1-AA122,48,23 186. Page 940, line 20: delete "2011" and substitute "2009".

AB75-ASA1-AA122,48,24 187. Page 941, line 14: after that line insert:

AB75-ASA1-AA122,49,3 "3. The maximum amount of credits that may be awarded under this subsection and ss. 71.07 (3q) and 71.28 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000.".

AB75-ASA1-AA122,49,7 188. Page 941, line 21: after "(bb)" insert ", except that the amounts certified under this subdivision for taxable years beginning after December 31, 2009, and before January 1, 2012, shall be paid in taxable years beginning after December 31, 2011".

AB75-ASA1-AA122,49,8 189. Page 941, line 21: after that line insert:

AB75-ASA1-AA122,49,10 " Section 1721m. 71.47 (3w) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 11, is amended to read:

AB75-ASA1-AA122,49,20 71.47 (3w) (bm) 1. In addition to the credits under par. (b) and subd. subds. 2. and 3., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to a percentage, as determined by the department of commerce, not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.

AB75-ASA1-AA122, s. 1721n Section 1721n. 71.47 (3w) (bm) 2. of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB75-ASA1-AA122,50,11 71.47 (3w) (bm) 2. In addition to the credits under par. (b) and subd. subds. 1. and 3., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to the percentage, as determined by the department of commerce under s. 560.799, not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB75-ASA1-AA122, s. 1721p Section 1721p. 71.47 (3w) (bm) 3. of the statutes is created to read:

AB75-ASA1-AA122,50,18 71.47 (3w) (bm) 3. In addition to the credits under par. (b) and subds. 1. and 2., and subject to the limitations provided in this subsection and s. 560.799, for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.43 up to 10 percent of the claimant's significant capital expenditures, as determined by the department of commerce under s. 560.799 (5m).

AB75-ASA1-AA122, s. 1721r Section 1721r. 71.47 (3w) (c) 3. of the statutes is amended to read:

AB75-ASA1-AA122,50,22 71.47 (3w) (c) 3. 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. 560.799 (5) or (5m).".

AB75-ASA1-AA122,50,23 190. Page 954, line 12: after that line insert:

AB75-ASA1-AA122,50,24 " Section 1741w. 71.54 (1) (f) (intro.) of the statutes is amended to read:

AB75-ASA1-AA122,51,3 71.54 (1) (f) 2001 and thereafter. (intro.) The Subject to sub. (2m), the amount of any claim filed in 2001 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB75-ASA1-AA122, s. 1741we Section 1741we. 71.54 (2) (b) 3. of the statutes is amended to read:

AB75-ASA1-AA122,51,6 71.54 (2) (b) 3. In Subject to sub. (2m), in calendar year 1990 or any subsequent calendar year, $1,450.".

AB75-ASA1-AA122,51,8 191. Page 954, line 15: delete "amount for" and substitute "amounts of the threshold income under sub. (1) (f) 1. and 2.,".

AB75-ASA1-AA122,51,10 192. Page 954, line 16: after "sub. (1) (f) 3." insert "and the maximum property taxes under sub. (2) (b) 3.".

AB75-ASA1-AA122,51,11 193. Page 954, line 23: delete "number. The" and substitute "number. Each".

AB75-ASA1-AA122,51,12 194. Page 955, line 6: delete "under".

AB75-ASA1-AA122,51,14 195. Page 955, line 7: delete "sub. (1) (f) 1. and 2." and substitute "as calculated under par. (a)".

AB75-ASA1-AA122,51,16 196. Page 971, line 10: after "withhold" insert ", not more frequently than on a quarterly basis,".

AB75-ASA1-AA122,51,17 197. Page 971, line 12: delete lines 12 to 18.

AB75-ASA1-AA122,51,19 198. Page 972, line 18: delete the material beginning with that line and ending with page 973, line 10.

AB75-ASA1-AA122,51,20 199. Page 982, line 22: after that line insert:

AB75-ASA1-AA122,51,22 "(h) Exceptions. This subsection does not apply to a financial institution that has assets of less than $10,000,000.".

AB75-ASA1-AA122,52,2 200. Page 987, line 24: delete the material beginning with that line and ending with page 988, line 22.

AB75-ASA1-AA122,52,3 201. Page 989, line 23: after "REGIONAL" insert "SOUTHEASTERN".

AB75-ASA1-AA122,52,5 202. Page 989, line 24: delete "TRANSIT KRM" and substitute "REGIONAL TRANSIT".

AB75-ASA1-AA122,52,7 203. Page 989, line 25: delete "PROFITS TAX" and substitute "ASSESSMENT".

AB75-ASA1-AA122,52,8 204. Page 1008, line 25: after "under s." insert "66.1038 or".

AB75-ASA1-AA122,52,10 205. Page 1017, line 17: delete the material beginning with that line and ending with page 1018, line 3.

AB75-ASA1-AA122,52,11 206. Page 1020, line 10: after that line insert:

AB75-ASA1-AA122,52,13 " Section 1856d. 77.70 of the statutes is renumbered 77.70 (1) and amended to read:

AB75-ASA1-AA122,53,2 77.70 (1) Any county desiring to impose county sales and use taxes under this subchapter may do so by the adoption of an ordinance, stating its purpose and referring to this subchapter. The rate of the tax imposed under this subsection is 0.5 percent of the gross receipts or sales price. The county sales and use taxes may be imposed only for the purpose of directly reducing the property tax levy and only in their entirety as provided in this subchapter. That ordinance shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 60 days before the effective date of the repeal.

AB75-ASA1-AA122, s. 1856e Section 1856e. 77.70 (1) of the statutes, as affected by Wisconsin Acts 2 and ... (this act), is repealed and recreated to read:

AB75-ASA1-AA122,53,16 77.70 (1) Any county desiring to impose county sales and use taxes under this subchapter may do so by the adoption of an ordinance, stating its purpose and referring to this subchapter. The rate of the tax imposed under this subsection is 0.5 percent of the sales price or purchase price. The county sales and use taxes may be imposed only for the purpose of directly reducing the property tax levy and only in their entirety as provided in this subchapter. That ordinance shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB75-ASA1-AA122, s. 1856f Section 1856f. 77.70 (2) of the statutes is created to read:

AB75-ASA1-AA122,54,6 77.70 (2) In addition to the taxes imposed under subs. (1) and (3), if Milwaukee County satisfies the conditions under s. 66.1038 (5) (b), Milwaukee County may adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.5 percent of the gross receipts or sales price. The taxes may be imposed only in their entirety. If Milwaukee County imposes the taxes under this subsection, it shall not levy property taxes for transit purposes. If Milwaukee County imposes the taxes under this subsection, it shall distribute the tax revenue price to the Milwaukee Transit Authority created under s. 66.1038. An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB75-ASA1-AA122, s. 1856g Section 1856g. 77.70 (2) of the statutes, as created by 2009 Wisconsin Act ... (this act), is repealed and recreated to read:

AB75-ASA1-AA122,54,22 77.70 (2) In addition to the taxes imposed under subs. (1) and (3), if the Milwaukee County satisfies the conditions under s. 66.1038 (5) (b), Milwaukee County may adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.5 percent of the sales price or purchase price. The taxes may be imposed only in their entirety. If Milwaukee County imposes the taxes under this subsection, it shall not levy property taxes for transit purposes. If Milwaukee County imposes the taxes under this subsection, it shall distribute the tax revenue to the Milwaukee Transit Authority created under s. 66.1038. An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB75-ASA1-AA122, s. 1856h Section 1856h. 77.70 (3) of the statutes is created to read:

AB75-ASA1-AA122,55,10 77.70 (3) In addition to the taxes imposed under subs. (1) and (2), Milwaukee County may adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.15 percent of the gross receipts or sales price. The taxes may be imposed only in their entirety. Milwaukee County shall distribute the tax revenue to the municipalities located in whole or in part in Milwaukee County in proportion to the number of police and fire personnel employed in each municipality. An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB75-ASA1-AA122, s. 1856i Section 1856i. 77.70 (3) of the statutes, as created by 2009 Wisconsin Act ... (this act), is repealed and recreated to read:

AB75-ASA1-AA122,55,24 77.70 (3) In addition to the taxes imposed under subs. (1) and (2), Milwaukee County may adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.15 percent of the sales price or purchase price. The taxes may be imposed only in their entirety. Milwaukee County shall distribute the tax revenue to the municipalities located in whole or in part in Milwaukee County in proportion to the number of police and fire personnel employed in each municipality. An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.".

AB75-ASA1-AA122,56,2 207. Page 1021, line 15: delete the material beginning with ", or 1.0" and ending with "(2) (a)," on line 16.

AB75-ASA1-AA122,56,4 208. Page 1022, line 18: delete "rate of 0.5%" and substitute "rate of 0.5% rates under s. 77.70".

AB75-ASA1-AA122,56,6 209. Page 1023, line 6: delete "rate of 0.5 percent" and substitute "rates under s. 77.70".

AB75-ASA1-AA122,56,8 210. Page 1023, line 16: delete "rate of 0.5%" and substitute "rate of 0.5% rates under s. 77.70".

AB75-ASA1-AA122,56,10 211. Page 1024, line 7: delete "rate of 0.5 percent" and substitute "rates under s. 77.70".

AB75-ASA1-AA122,56,12 212. Page 1025, line 1: delete "rate of 0.5%" and substitute "rate of 0.5% rates under s. 77.70".

AB75-ASA1-AA122,56,14 213. Page 1025, line 15: delete "rate of 0.5 percent" and substitute "rates under s. 77.70".

AB75-ASA1-AA122,56,16 214. Page 1026, line 2: delete "rate of 0.5 percent" and substitute " rate of 0.5 percent rates under s. 77.70".

AB75-ASA1-AA122,56,18 215. Page 1026, line 16: delete "rate of 0.5 percent" and substitute "rates under s. 77.70".

AB75-ASA1-AA122,56,20 216. Page 1036, line 19: delete "REGIONAL TRANSIT KRM" and substitute "SOUTHEASTERN REGIONAL TRANSIT".

AB75-ASA1-AA122,56,22 217. Page 1036, line 23: delete " A regional transit The KRM" and substitute " A The southeastern regional transit".

AB75-ASA1-AA122,56,23 218. Page 1036, line 24: delete "$16" and substitute " $18".

AB75-ASA1-AA122,57,2 219. Page 1037, line 7: delete the material beginning with "regional" and ending with "KRM" on line 8 and substitute " southeastern regional transit".

AB75-ASA1-AA122,57,4 220. Page 1037, line 13: on lines 13 and 20, delete "KRM" and substitute "southeastern regional transit".

AB75-ASA1-AA122,57,6 221. Page 1038, line 1: on lines 1, 8, 9, 17 and 18, delete "KRM" and substitute "southeastern regional transit".

AB75-ASA1-AA122,57,8 222. Page 1039, line 2: delete "PROFITS TAX" and substitute "ASSESSMENT".

AB75-ASA1-AA122,57,9 223. Page 1039, line 9: delete lines 9 to 16 and substitute: