AB75-SSA1-CA1,110,516
71.255
(2m) Election to include every member of commonly controlled
17group. (a) The designated agent as provided in sub. (7) may elect, without first
18obtaining written approval from the department, to include in its combined group
19every corporation in its commonly controlled group, regardless of whether such
20corporations are engaged in the same unitary business as the designated agent.
21Corporations included in the combined group by operation of this election are
22required to use combined reporting only to the extent described in sub. (2). The
23commonly controlled group shall calculate its Wisconsin income and apportionment
1factors as provided under subs. (3), (4), and (5), and all income of all members of the
2commonly controlled group, whether or not such income would otherwise be subject
3to apportionment or allocable to a particular state in the absence of an election under
4this subsection, shall be treated as apportionable income for purposes of the
5combined report.
AB75-SSA1-CA1,110,96
(b) The election under this subsection shall be executed by the designated agent
7on an original, timely filed combined report. Any corporation that becomes
8includable in the commonly controlled group subsequent to the year of election shall
9have waived any objection to its inclusion in the combined report.
AB75-SSA1-CA1,110,1810
(c) An election under this subsection shall be binding for and applicable to the
11taxable year for which it is made and for the next 9 taxable years. An election may
12be renewed for another 10 taxable years, without prior written approval from the
13department after it has been in effect for 10 taxable years. The renewal shall be made
14on an original, timely filed return for the first taxable year after the completion of
15a 10-year period for which an election under this subsection was in place. An election
16that is not renewed shall be revoked. In the case of a revocation, a new election under
17this subsection shall not be permitted in any of the immediately following 3 taxable
18years.
AB75-SSA1-CA1,110,2219
(d) The department shall disregard the tax effect of an election under this
20subsection, or disallow the election, with respect to any controlled group member or
21members for any year of the election period, if the department determines that the
22election has the effect of tax avoidance.".
AB75-SSA1-CA1,111,113
71.255
(6) (a) Except as provided in
par. pars. (b)
and (c), no tax credit,
4Wisconsin net business loss carry-forward, or other post-apportionment deduction
5earned by one member of the combined group, but not fully used by or allowed to that
6member, may be used in whole or in part by another member of the combined group
7or applied in whole or in part against the total income of the combined group. A
8member of a combined group may use a carry-forward of a credit, Wisconsin net
9business loss carry-forward, or other post-apportionment deduction otherwise
10allowable under s. 71.26 or 71.45, that was incurred by that same member in a
11taxable year beginning before
March 6 January 1, 2009.".
AB75-SSA1-CA1,111,2014
71.255
(6) (c) 1. Subject to the limitations provided under s. 71.26 (3) (n), for
15each taxable year that a corporation that is a member of a combined group has an
16unused credit or credit carry-forward under s. 71.28 (4) or (5) or 71.47 (4) or (5), the
17corporation may, after using that credit or credit carry-forward to offset its own tax
18liability for the taxable year, use that credit or credit carry-forward to offset the tax
19liability of all other members of the combined group on a proportionate basis, to the
20extent such tax liability is attributable to the unitary business.
AB75-SSA1-CA1,111,2321
2. Unless otherwise provided by the department by rule, if the corporation may
22no longer be included in the combined group, as determined by this section, the
23corporation's unused credits shall be available only to that corporation.".
AB75-SSA1-CA1,113,1913
71.28
(3h) (b)
Filing claims. Subject to the limitations provided in this
14subsection, for taxable years beginning after December 31,
2009 2011, and before
15January 1,
2013 2015, for a claimant who produces at least 2,500,000 gallons of
16biodiesel fuel in this state in the taxable year, a claimant may claim as a credit
17against the tax imposed under s. 71.23, up to the amount of the tax, an amount that
18is equal to the number of gallons of biodiesel fuel produced by the claimant in this
19state in the taxable year multiplied by 10 cents.".
AB75-SSA1-CA1,114,3
1"3. The maximum amount of credits that may be awarded under this subsection
2and ss. 71.07 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and
3ending on June 30, 2013, is $14,500,000.".
AB75-SSA1-CA1,114,7
4507. Page 888, line 2: after "(bb)" insert ", except that the amounts certified
5under this subdivision for taxable years beginning after December 31, 2009, and
6before January 1, 2012, shall be paid in taxable years beginning after December 31,
72011".
AB75-SSA1-CA1,114,2011
71.28
(3w) (bm) 1. In addition to the credits under par. (b) and
subd. subds. 2.
12and 3., and subject to the limitations provided in this subsection and s. 560.799, a
13claimant may claim as a credit against the tax imposed under s. 71.23 an amount
14equal to a percentage, as determined by the department of commerce, not to exceed
15100 percent, of the amount the claimant paid in the taxable year to upgrade or
16improve the job-related skills of any of the claimant's full-time employees, to train
17any of the claimant's full-time employees on the use of job-related new technologies,
18or to provide job-related training to any full-time employee whose employment with
19the claimant represents the employee's first full-time job. This subdivision does not
20apply to employees who do not work in an enterprise zone.
AB75-SSA1-CA1,115,1123
71.28
(3w) (bm) 2. In addition to the credits under par. (b) and
subd. subds. 1.
24and 3., and subject to the limitations provided in this subsection and s. 560.799, a
1claimant may claim as a credit against the tax imposed under s. 71.23 an amount
2equal to the percentage, as determined by the department of commerce under s.
3560.799, not to exceed 7 percent, of the claimant's zone payroll paid in the taxable
4year to all of the claimant's full-time employees whose annual wages are greater
5than $20,000 in a tier I county or municipality, not including the wages paid to the
6employees determined under par. (b) 1., or greater than $30,000 in a tier II county
7or municipality, not including the wages paid to the employees determined under
8par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year,
9if the total number of such employees is equal to or greater than the total number
10of such employees in the base year. A claimant may claim a credit under this
11subdivision for no more than 5 consecutive taxable years.
AB75-SSA1-CA1,115,1813
71.28
(3w) (bm) 3. In addition to the credits under par. (b) and subds. 1. and
142., and subject to the limitations provided in this subsection and s. 560.799, for
15taxable years beginning after December 31, 2008, a claimant may claim as a credit
16against the tax imposed under s. 71.23 up to 10 percent of the claimant's significant
17capital expenditures, as determined by the department of commerce under s.
18560.799 (5m).
AB75-SSA1-CA1,115,2220
71.28
(3w) (c) 3. No credit may be allowed under this subsection unless the
21claimant includes with the claimant's return a copy of the claimant's certification for
22tax benefits under s. 560.799 (5)
or (5m).".
AB75-SSA1-CA1,117,521
71.47
(3h) (b)
Filing claims. Subject to the limitations provided in this
22subsection, for taxable years beginning after December 31,
2009 2011, and before
1January 1,
2013 2015, for a claimant who produces at least 2,500,000 gallons of
2biodiesel fuel in this state in the taxable year, a claimant may claim as a credit
3against the tax imposed under s. 71.43, up to the amount of the tax, an amount that
4is equal to the number of gallons of biodiesel fuel produced by the claimant in this
5state in the taxable year multiplied by 10 cents.".
AB75-SSA1-CA1,117,10
8"3. The maximum amount of credits that may be awarded under this subsection
9and ss. 71.07 (3q) and 71.28 (3q) for the period beginning on January 1, 2010, and
10ending on June 30, 2013, is $14,500,000.".
AB75-SSA1-CA1,117,14
11530. Page 941, line 21: after "(bb)" insert ", except that the amounts certified
12under this subdivision for taxable years beginning after December 31, 2009, and
13before January 1, 2012, shall be paid in taxable years beginning after December 31,
142011".
