AB794-ASA1,6,1615 (e) Sunset. No new claim may be filed under this subsection for taxable years
16beginning after December 31, 2016.
AB794-ASA1, s. 3 17Section 3. 71.10 (4) (cf) of the statutes is created to read:
AB794-ASA1,6,1818 71.10 (4) (cf) The thermal biomass heating systems credit under s. 71.07 (6f).
AB794-ASA1, s. 4 19Section 4. 71.21 (4) of the statutes, as affected by 2009 Wisconsin Acts 2 and
2028, is amended to read:
AB794-ASA1,6,2421 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
22(2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w),
23(5e), (5f), (5g), (5h), (5i), (5j), (5k), (6f), and (8r) and passed through to partners shall
24be added to the partnership's income.
AB794-ASA1, s. 5
1Section 5. 71.26 (2) (a) 4. of the statutes, as affected by 2009 Wisconsin Acts
22 and 28, is amended to read:
AB794-ASA1,7,83 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
4(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3t),
5(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (6f), and (8r) and not passed through by a
6partnership, limited liability company, or tax-option corporation that has added that
7amount to the partnership's, limited liability company's, or tax-option corporation's
8income under s. 71.21 (4) or 71.34 (1k) (g).
AB794-ASA1, s. 6 9Section 6. 71.28 (6f) of the statutes is created to read:
AB794-ASA1,7,1110 71.28 (6f) Thermal biomass heating systems credit. (a) Definitions. In this
11subsection:
AB794-ASA1,7,1312 1. "Air quality standards" means all requirements under ch. 285 and 42 USC
137401
to 7671q.
AB794-ASA1,7,1414 2. "Biomass" has the meaning given in s. 196.378 (1) (ar).
AB794-ASA1,7,1515 3. "Claimant" means a person who files a claim under this subsection.
AB794-ASA1,7,2316 (b) Filing claims. Subject to the limitations provided in this subsection, a
17claimant may claim as a credit against the tax imposed under s. 71.23, up to the
18amount of those taxes, one of the following amounts that the claimant paid in the
19taxable year to purchase and install in the claimant's place of business in this state
20a stove, furnace, or boiler that generates heat from biomass by providing an energy
21efficiency conversion of at least 75 percent and meets any air quality standards that
22apply to the stove, furnace, or boiler on the day on which the stove, furnace, or boiler
23is purchased:
AB794-ASA1,7,2524 1. For items that are installed on property that is assessed as commercial
25property under s. 70.32 (2) (a) 2.:
AB794-ASA1,8,3
1a. For taxable years beginning after December 31, 2010, and before January
21, 2013, with regard to the amounts paid to purchase and install a furnace or boiler,
3either 30 percent of such amounts or $4,500, whichever is less.
AB794-ASA1,8,64 b. For taxable years beginning after December 31, 2010, and before January
51, 2013, with regard to the amounts paid to purchase and install a stove, either 50
6percent of such amounts or $2,500, whichever is less.
AB794-ASA1,8,97 c. For taxable years beginning after December 31, 2012, and before January
81, 2015, with regard to the amounts paid to purchase and install a furnace or boiler,
9either 25 percent of such amounts or $3,750, whichever is less.
AB794-ASA1,8,1210 d. For taxable years beginning after December 31, 2012, and before January
111, 2015, with regard to the amounts paid to purchase and install a stove, either 40
12percent of such amounts or $2,000, whichever is less.
AB794-ASA1,8,1513 e. For taxable years beginning after December 31, 2014, and before January
141, 2017, with regard to the amounts paid to purchase and install a furnace or boiler,
15either 20 percent of such amounts or $3,000, whichever is less.
AB794-ASA1,8,1816 f. For taxable years beginning after December 31, 2014, and before January 1,
172017, with regard to the amounts paid to purchase and install a stove, either 30
18percent of the such amounts or $1,500, whichever is less.
AB794-ASA1,8,2019 2. For items that are installed on property that is assessed as manufacturing
20property under s. 70.995:
AB794-ASA1,8,2321 a. For taxable years beginning after December 31, 2010, and before January
221, 2013, with regard to the amounts paid to purchase and install a furnace or boiler,
23either 30 percent of such amounts or $45,000, whichever is less.
AB794-ASA1,9,3
1b. For taxable years beginning after December 31, 2010, and before January
21, 2013, with regard to the amounts paid to purchase and install a stove, either 50
3percent of such amounts or $2,500, whichever is less.
AB794-ASA1,9,64 c. For taxable years beginning after December 31, 2012, and before January
51, 2015, with regard to the amounts paid to purchase and install a furnace or boiler,
6either 25 percent of such amounts or $37,500, whichever is less.
AB794-ASA1,9,97 d. For taxable years beginning after December 31, 2012, and before January
81, 2015, with regard to the amounts paid to purchase and install a stove, either 40
9percent of such amounts or $2,000, whichever is less.
AB794-ASA1,9,1210 e. For taxable years beginning after December 31, 2014, and before January
111, 2017, with regard to the amounts paid to purchase and install a furnace or boiler,
12either 20 percent of such amounts or $30,000, whichever is less.
AB794-ASA1,9,1513 f. For taxable years beginning after December 31, 2014, and before January 1,
142017, with regard to the amounts paid to purchase and install a stove, either 30
15percent of such amounts or $1,500, whichever is less.
AB794-ASA1,9,2316 (c) Limitations. 1. Partnerships, limited liability companies, and tax-option
17corporations may not claim the credit under this subsection, but the eligibility for,
18and the amount of, the credit are based on their payment of amounts under par. (b).
19A partnership, limited liability company, or tax-option corporation shall compute
20the amount of credit that each of its partners, members, or shareholders may claim
21and shall provide that information to each of them. Partners, members of limited
22liability companies, and shareholders of tax-option corporations may claim the
23credit in proportion to their ownership interests.
AB794-ASA1,9,2624 2. The maximum amount of the credits that may be claimed under this
25subsection and ss. 71.07 (6f) and 71.47 (6f) for items installed on commercial or

1manufacturing property is $1,000,000 in 2011, $2,000,000 in 2012, $3,000,000 in
22013, $4,000,000 in 2014, $4,000,000 in 2015, and $3,000,000 in 2016, except that
3the department may allocate the amount of any unused credits from one year to
4another year.
AB794-ASA1,10,75 3. The department may prorate the amount of the credits claimed under this
6subsection and ss. 71.07 (6f) and 71.47 (6f) so that the limitations under subd. 2. are
7not exceeded.
AB794-ASA1,10,98 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
9under sub. (4), applies to the credit under this subsection.
AB794-ASA1,10,1510 2. If a credit computed under this subsection is not entirely offset against
11Wisconsin income or franchise taxes otherwise due, the unused balance may be
12carried forward and credited against Wisconsin income or franchise taxes otherwise
13due for the following 3 taxable years to the extent not offset by these taxes otherwise
14due in all intervening years between the year in which the expense was incurred and
15the year in which the carry-forward credit is claimed.
AB794-ASA1,10,1716 (e) Sunset. No new claim may be filed under this subsection for taxable years
17beginning after December 31, 2016.
AB794-ASA1, s. 7 18Section 7. 71.30 (3) (af) of the statutes is created to read:
AB794-ASA1,10,1919 71.30 (3) (af) The thermal biomass heating systems credit under s. 71.28 (6f).
AB794-ASA1, s. 8 20Section 8. 71.34 (1k) (g) of the statutes, as affected by 2009 Wisconsin Acts 2
21and 28, is amended to read:
AB794-ASA1,10,2522 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
23corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
24(3), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (6f),
25and (8r) and passed through to shareholders.
AB794-ASA1, s. 9
1Section 9. 71.45 (2) (a) 10. of the statutes, as affected by 2009 Wisconsin Acts
22 and 28, is amended to read:
AB794-ASA1,11,93 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
4computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3w), (5e), (5f),
5(5g), (5h), (5i), (5j), (5k), (6f), and (8r) and not passed through by a partnership,
6limited liability company, or tax-option corporation that has added that amount to
7the partnership's, limited liability company's, or tax-option corporation's income
8under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47
9(1), (3), (3t), (4), (4m), and (5).
AB794-ASA1, s. 10 10Section 10. 71.47 (6f) of the statutes is created to read:
AB794-ASA1,11,1211 71.47 (6f) Thermal biomass heating systems credit. (a) Definitions. In this
12subsection:
AB794-ASA1,11,1413 1. "Air quality standards" means all requirements under ch. 285 and 42 USC
147401
to 7671q.
AB794-ASA1,11,1515 2. "Biomass" has the meaning given in s. 196.378 (1) (ar).
AB794-ASA1,11,1616 3. "Claimant" means a person who files a claim under this subsection.
AB794-ASA1,11,2417 (b) Filing claims. Subject to the limitations provided in this subsection, a
18claimant may claim as a credit against the tax imposed under s. 71.43, up to the
19amount of those taxes, one of the following amounts that the claimant paid in the
20taxable year to purchase and install in the claimant's place of business in this state
21a stove, furnace, or boiler that generates heat from biomass by providing an energy
22efficiency conversion of at least 75 percent and meets any air quality standards that
23apply to the stove, furnace, or boiler on the day on which the stove, furnace, or boiler
24is purchased:
AB794-ASA1,12,2
11. For items that are installed on property that is assessed as commercial
2property under s. 70.32 (2) (a) 2.:
AB794-ASA1,12,53 a. For taxable years beginning after December 31, 2010, and before January
41, 2013, with regard to the amounts paid to purchase and install a furnace or boiler,
5either 30 percent of such amounts or $4,500, whichever is less.
AB794-ASA1,12,86 b. For taxable years beginning after December 31, 2010, and before January
71, 2013, with regard to the amounts paid to purchase and install a stove, either 50
8percent of such amounts or $2,500, whichever is less.
AB794-ASA1,12,119 c. For taxable years beginning after December 31, 2012, and before January
101, 2015, with regard to the amounts paid to purchase and install a furnace or boiler,
11either 25 percent of such amounts or $3,750, whichever is less.
AB794-ASA1,12,1412 d. For taxable years beginning after December 31, 2012, and before January
131, 2015, with regard to the amounts paid to purchase and install a stove, either 40
14percent of such amounts or $2,000, whichever is less.
AB794-ASA1,12,1715 e. For taxable years beginning after December 31, 2014, and before January
161, 2017, with regard to the amounts paid to purchase and install a furnace or boiler,
17either 20 percent of such amounts or $3,000, whichever is less.
AB794-ASA1,12,2018 f. For taxable years beginning after December 31, 2014, and before January 1,
192017, with regard to the amounts paid to purchase and install a stove, either 30
20percent of the such amounts or $1,500, whichever is less.
AB794-ASA1,12,2221 2. For items that are installed on property that is assessed as manufacturing
22property under s. 70.995:
AB794-ASA1,12,2523 a. For taxable years beginning after December 31, 2010, and before January
241, 2013, with regard to the amounts paid to purchase and install a furnace or boiler,
25either 30 percent of such amounts or $45,000, whichever is less.
AB794-ASA1,13,3
1b. For taxable years beginning after December 31, 2010, and before January
21, 2013, with regard to the amounts paid to purchase and install a stove, either 50
3percent of such amounts or $2,500, whichever is less.
AB794-ASA1,13,64 c. For taxable years beginning after December 31, 2012, and before January
51, 2015, with regard to the amounts paid to purchase and install a furnace or boiler,
6either 25 percent of such amounts or $37,500, whichever is less.
AB794-ASA1,13,97 d. For taxable years beginning after December 31, 2012, and before January
81, 2015, with regard to the amounts paid to purchase and install a stove, either 40
9percent of such amounts or $2,000, whichever is less.
AB794-ASA1,13,1210 e. For taxable years beginning after December 31, 2014, and before January
111, 2017, with regard to the amounts paid to purchase and install a furnace or boiler,
12either 20 percent of such amounts or $30,000, whichever is less.
AB794-ASA1,13,1513 f. For taxable years beginning after December 31, 2014, and before January 1,
142017, with regard to the amounts paid to purchase and install a stove, either 30
15percent of such amounts or $1,500, whichever is less.
AB794-ASA1,13,2316 (c) Limitations. 1. Partnerships, limited liability companies, and tax-option
17corporations may not claim the credit under this subsection, but the eligibility for,
18and the amount of, the credit are based on their payment of amounts under par. (b).
19A partnership, limited liability company, or tax-option corporation shall compute
20the amount of credit that each of its partners, members, or shareholders may claim
21and shall provide that information to each of them. Partners, members of limited
22liability companies, and shareholders of tax-option corporations may claim the
23credit in proportion to their ownership interests.
AB794-ASA1,14,424 2. The maximum amount of the credits that may be claimed under this
25subsection and ss. 71.07 (6f) and 71.28 (6f) for items installed on commercial or

1manufacturing property is $1,000,000 in 2011, $2,000,000 in 2012, $3,000,000 in
22013, $4,000,000 in 2014, $4,000,000 in 2015, and $3,000,000 in 2016, except that
3the department may allocate the amount of any unused credits from one year to
4another year.
AB794-ASA1,14,75 3. The department may prorate the amount of the credits claimed under this
6subsection and ss. 71.07 (6f) and 71.28 (6f) so that the limitations under subd. 2. are
7not exceeded.
AB794-ASA1,14,98 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
9credit under s. 71.28 (4), applies to the credit under this subsection.
AB794-ASA1,14,1510 2. If a credit computed under this subsection is not entirely offset against
11Wisconsin income or franchise taxes otherwise due, the unused balance may be
12carried forward and credited against Wisconsin income or franchise taxes otherwise
13due for the following 3 taxable years to the extent not offset by these taxes otherwise
14due in all intervening years between the year in which the expense was incurred and
15the year in which the carry-forward credit is claimed.
AB794-ASA1,14,1716 (e) Sunset. No new claim may be filed under this subsection for taxable years
17beginning after December 31, 2016.
AB794-ASA1, s. 11 18Section 11. 71.49 (1) (af) of the statutes is created to read:
AB794-ASA1,14,1919 71.49 (1) (af) The thermal biomass heating systems credit under s. 71.47 (6f).
AB794-ASA1, s. 12 20Section 12. 77.92 (4) of the statutes, as affected by 2009 Wisconsin Acts 2 and
2128, is amended to read:
AB794-ASA1,15,1222 77.92 (4) "Net business income," with respect to a partnership, means taxable
23income as calculated under section 703 of the Internal Revenue Code; plus the items
24of income and gain under section 702 of the Internal Revenue Code, including taxable
25state and municipal bond interest and excluding nontaxable interest income or

1dividend income from federal government obligations; minus the items of loss and
2deduction under section 702 of the Internal Revenue Code, except items that are not
3deductible under s. 71.21; plus guaranteed payments to partners under section 707
4(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
5(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s),
6(3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (6f), and (8r); and plus or minus, as
7appropriate, transitional adjustments, depreciation differences, and basis
8differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain,
9loss, and deductions from farming. "Net business income," with respect to a natural
10person, estate, or trust, means profit from a trade or business for federal income tax
11purposes and includes net income derived as an employee as defined in section 3121
12(d) (3) of the Internal Revenue Code.
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