Amendment ASA1-AB40

AB40-ASA1, s. 2151 Section 2151. 75.106 (1) (a) of the statutes is amended to read:

AB40-ASA1,868,4 75.106 (1) (a) "Brownfield" has the meaning given in s. 560.13 238.13 (1) (a), except that, for purposes of this section, "brownfield" also means abandoned, idle, or underused residential facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

AB40-ASA1, s. 2152 Section 2152. 76.24 (2) (a) of the statutes is amended to read:

AB40-ASA1,868,14 76.24 (2) (a) All taxes paid by any railroad company derived from or apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators, and their approaches, or car ferries on the basis of the separate valuation provided for in s. 76.16, shall be distributed annually from the transportation fund to the towns, villages, and cities in which they are located, pursuant to certification made by the department of revenue on or before August 15. Beginning with amounts distributed in 2011, the amount distributed to any town, village, or city under this paragraph may not be less than the amount distributed to it in 2010 under this paragraph.

AB40-ASA1, s. 2153 Section 2153. 76.635 (1) (a) of the statutes is amended to read:

AB40-ASA1,868,17 76.635 (1) (a) "Certified capital company" has the meaning given in s. 560.29 (1) (a), 2009 stats.

AB40-ASA1, s. 2154 Section 2154. 76.635 (1) (b) of the statutes is amended to read:

AB40-ASA1,868,20 76.635 (1) (b) "Certified capital investment" has the meaning given in s. 560.29 (1) (b), 2009 stats.

AB40-ASA1, s. 2155 Section 2155. 76.635 (1) (c) of the statutes is amended to read:

AB40-ASA1,868,23 76.635 (1) (c) "Investment date" has the meaning given in s. 560.29 (1) (d), 2009 stats.

AB40-ASA1, s. 2156 Section 2156. 76.635 (1) (d) of the statutes is amended to read:

AB40-ASA1,869,2 76.635 (1) (d) "Investment pool" has the meaning given in s. 560.29 (1) (e), 2009 stats.

AB40-ASA1, s. 2157 Section 2157. 76.635 (1) (e) of the statutes is amended to read:

AB40-ASA1,869,5 76.635 (1) (e) "Qualified investment" has the meaning given in s. 560.29 (1) (g), 2009 stats.

AB40-ASA1, s. 2158 Section 2158. 76.636 (1) (b) 1. of the statutes is amended to read:

AB40-ASA1,869,7 76.636 (1) (b) 1. A development zone under s. 238.30 or s. 560.70, 2009 stats.

AB40-ASA1, s. 2159 Section 2159. 76.636 (1) (b) 2. of the statutes is amended to read:

AB40-ASA1,869,10 76.636 (1) (b) 2. A development opportunity zone under s. 238.395 or s. 560.795, 2009 stats.

AB40-ASA1, s. 2160 Section 2160. 76.636 (1) (b) 3. of the statutes is amended to read:

AB40-ASA1,869,13 76.636 (1) (b) 3. An enterprise development zone under s. 238.397 or s. 560.797, 2009 stats.

AB40-ASA1, s. 2161 Section 2161. 76.636 (1) (b) 4. of the statutes is amended to read:

AB40-ASA1,869,16 76.636 (1) (b) 4. An agricultural development zone under s. 238.398 or s. 560.798, 2009 stats.

AB40-ASA1, s. 2163 Section 2163. 76.636 (2) (intro.) of the statutes is amended to read:

AB40-ASA1,869,24 76.636 (2) Credits. (intro.) Except as provided in s. 73.03 (35), and subject to s. 238.385 or s. 560.785, 2009 stats., for any taxable year for which an insurer is entitled under s. 238.395 or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., the insurer may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the following amounts:

AB40-ASA1, s. 2164 Section 2164. 76.636 (2) (b) of the statutes is amended to read:

AB40-ASA1,870,5 76.636 (2) (b) The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1, s. 2165 Section 2165. 76.636 (2) (c) of the statutes is amended to read:

AB40-ASA1,870,11 76.636 (2) (c) The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1, s. 2166 Section 2166. 76.636 (2) (d) of the statutes is amended to read:

AB40-ASA1,870,20 76.636 (2) (d) The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1, s. 2167 Section 2167. 76.636 (2) (e) of the statutes is amended to read:

AB40-ASA1,871,3 76.636 (2) (e) The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40-ASA1, s. 2168 Section 2168. 76.636 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,871,9 76.636 (4) Credit precluded. (intro.) If the certification of a person for tax benefits under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., is revoked, or if the person becomes ineligible for tax benefits under s. 238.395 (3) or s. 560.795 (3), 2009 stats., that person may not do any of the following:

AB40-ASA1, s. 2169 Section 2169. 76.636 (5) of the statutes is amended to read:

AB40-ASA1,871,18 76.636 (5) Carry-over precluded. If a person who is entitled under s. 238.395 (3) or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

AB40-ASA1, s. 2170 Section 2170. 76.636 (6) of the statutes is amended to read:

AB40-ASA1,871,23 76.636 (6) Administration. Any insurer who claims a credit under sub. (2) shall include with the insurer's annual return under s. 76.64 a copy of its certification for tax benefits and a copy of its verification of expenses from the department of commerce or the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2171 Section 2171. 76.637 (1) of the statutes is amended to read:

AB40-ASA1,872,3 76.637 (1) Definition. In this section, "claimant" means an insurer who files a claim under this section and is certified under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats.

AB40-ASA1, s. 2172 Section 2172. 76.637 (2) of the statutes is amended to read:

AB40-ASA1,872,9 76.637 (2) Filing claims. Subject to the limitations under this section, ss. 238.301 to 238.306, and ss. 560.701 to 560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the amount authorized for the claimant under s. 238.303 or s. 560.703, 2009 stats.

AB40-ASA1, s. 2173 Section 2173. 76.637 (3) of the statutes is amended to read:

AB40-ASA1,872,15 76.637 (3) Limitations. No credit may be allowed under this section unless the insurer includes with the insurer's annual return under s. 76.64 a copy of the claimant's certification under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 238.303 (3) or s. 560.703 (3), 2009 stats.

AB40-ASA1, s. 2174 Section 2174. 76.637 (4) of the statutes is amended to read:

AB40-ASA1,873,2 76.637 (4) Administration. If an insurer's certification is revoked under s. 238.305 or s. 560.705, 2009 stats., or if an insurer becomes ineligible for tax benefits under s. 238.302 or s. 560.702, 2009 stats., the insurer may not claim credits under this section for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years and the insurer may not carry over unused credits from previous years to offset the fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years.

AB40-ASA1, s. 2175 Section 2175. 76.638 (1) of the statutes is amended to read:

AB40-ASA1,873,5 76.638 (1) Definitions. In this section, "fund manager" means an investment fund manager certified under s. 238.15 (2) or s. 560.205 (2), 2009 stats.

AB40-ASA1, s. 2176 Section 2176. 76.638 (2) of the statutes is amended to read:

AB40-ASA1,873,12 76.638 (2) Filing claims. For taxable years beginning after December 31, 2008, subject to the limitations provided under this subsection and s. 238.15 or s. 560.205, 2009 stats., an insurer may claim as a credit against the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67, 25 percent of the insurer's investment paid to a fund manager that the fund manager invests in a business certified under s. 238.15 or s. 560.205 (1), 2009 stats.

AB40-ASA1, s. 2177 Section 2177. Chapter 77 (title) of the statutes is amended to read:

AB40-ASA1,873,14 Chapter 77

AB40-ASA1,874,4 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY, TRANSIT AUTHORITY, AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING economic development SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; PREMIER RESORT AREA TAXES; STATE RENTAL VEHICLE FEE; DRY CLEANING FEES; SOUTHEASTERN REGIONAL TRANSIT AUTHORITY FEE

AB40-ASA1, s. 2177m Section 2177m. Chapter 77 (title) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,874,7 CHAPTER 77

AB40-ASA1,874,21 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY, TRANSIT AUTHORITY, AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; EConomic development SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; SOUTHEASTERN REGIONAL TRANSIT AUTHORITY FEE

AB40-ASA1, s. 2178 Section 2178. 77.22 (2) (d) of the statutes is amended to read:

AB40-ASA1,875,2 77.22 (2) (d) If the real estate transferred is not subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the reason why it is not so subject or the form prescribed by the department of commerce safety and professional services under s. 101.122 (6).

AB40-ASA1, s. 2178m Section 2178m. 77.52 (21) of the statutes is renumbered 77.52 (21) (a) and amended to read:

AB40-ASA1,875,9 77.52 (21) (a) A Except as provided in par. (b), a person who provides a product that is not a distinct and identifiable product because it is provided free of charge, as provided in s. 77.51 (3pf) (b), is the consumer of that the product that is provided free of charge and shall pay the tax imposed under this subchapter on the purchase price of that product.

AB40-ASA1, s. 2178n Section 2178n. 77.52 (21) (b) of the statutes is created to read:

AB40-ASA1,875,15 77.52 (21) (b) A person who provides a product that is not distinct and identifiable because it is provided free of charge to a purchaser who must also purchase another product that is subject to the tax imposed under this subchapter from that person in the same transaction may purchase the product provided free of charge without tax, for resale.

AB40-ASA1, s. 2179 Section 2179. 77.54 (5) (am) of the statutes is created to read:

AB40-ASA1,875,19 77.54 (5) (am) Modular homes, as defined in s. 101.71 (6), and manufactured homes, as defined in s. 101.91 (2), that are used in real property construction activities outside this state.

AB40-ASA1, s. 2180m Section 2180m. 77.54 (9a) (er) of the statutes is repealed.

AB40-ASA1, s. 2181 Section 2181. 77.54 (11m) of the statutes is created to read:

AB40-ASA1,875,24 77.54 (11m) The sales price from the sales of and the storage, use, or other consumption of vegetable oil or animal fat that is converted into motor vehicle fuel that is exempt under s. 78.01 (2n) from the taxes imposed under s. 78.01 (1).

AB40-ASA1, s. 2181n Section 2181n. 77.54 (58) of the statutes is created to read:

AB40-ASA1,876,6 77.54 (58) The sales price from the sale of and the storage, use, or other consumption of snowmaking and snow-grooming machines and equipment, including accessories, attachments, and parts for the machines and equipment and the fuel and electricity used to operate such machines and equipment, that are used exclusively and directly for snowmaking and snow grooming at ski hills, ski slopes, and ski trails.

AB40-ASA1, s. 2181p Section 2181p. 77.54 (59) of the statutes is created to read:

AB40-ASA1,876,9 77.54 (59) The sales price from the sales of and the storage, use, or other consumption of advertising and promotional direct mail.

AB40-ASA1, s. 2183d Section 2183d. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes is amended to read:

AB40-ASA1,876,12 Chapter 77

AB40-ASA1,876,15 subchapter v county, transit authority, and special district sales and use taxes

AB40-ASA1, s. 2183e Section 2183e. 77.708 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 2183f Section 2183f. 77.708 (3) of the statutes is created to read:

AB40-ASA1,876,23 77.708 (3) Retailers and the department of revenue may not collect a tax under sub. (1) for any transit authority created under s. 66.1039 after the effective date of this subsection .... [LRB inserts date], except that the department of revenue may collect from retailers taxes that accrued before the effective date of this subsection .... [LRB inserts date], and fees, interest, and penalties that relate to those taxes.

AB40-ASA1, s. 2183g Section 2183g. 77.71 of the statutes is amended to read:

AB40-ASA1,877,4 77.71 Imposition of county, transit authority, and special district sales and use taxes. Whenever a county sales and use tax ordinance is adopted under s. 77.70, a transit authority resolution is adopted under s. 77.708, or a special district resolution is adopted under s. 77.705 or 77.706, the following taxes are imposed:

AB40-ASA1,877,16 (1) For the privilege of selling, licensing, leasing, or renting tangible personal property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and (d), and for the privilege of selling, licensing, performing, or furnishing services a sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price from the sale, license, lease, or rental of tangible personal property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed under sub. (4), sold, licensed, leased, or rented at retail in the county, or special district, or transit authority's jurisdictional area, or from selling, licensing, performing, or furnishing services described under s. 77.52 (2) in the county, or special district, or transit authority's jurisdictional area.

AB40-ASA1,878,7 (2) An excise tax is imposed at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every person storing, using, or otherwise consuming in the county , or special district, or transit authority's jurisdictional area tangible personal property, or items, property, or goods specified under s. 77.52 (1) (b), (c), or (d), or services if the tangible personal property, item, property, good, or service is subject to the state use tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3), or (4) has been paid relieves the buyer of liability for the tax under this subsection and except that if the buyer has paid a similar local tax in another state on a purchase of the same tangible personal property, item, property, good, or service that tax shall be credited against the tax under this subsection and except that for motor vehicles that are used for a purpose in addition to retention, demonstration, or display while held for sale in the regular course of business by a dealer the tax under this subsection is imposed not on the purchase price but on the amount under s. 77.53 (1m).

AB40-ASA1,878,20 (3) An excise tax is imposed upon a contractor engaged in construction activities within the county, or special district, or transit authority's jurisdictional area, at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the purchase price of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) that are used in constructing, altering, repairing, or improving real property and that became a component part of real property in that county or special district or in the transit authority's jurisdictional area, except that if the contractor has paid the sales tax of a county, transit authority, or special district in this state on that tangible personal property, item, property, or good, or has paid a similar local sales tax in another state on a purchase of the same tangible personal property, item, property, or good, that tax shall be credited against the tax under this subsection.

AB40-ASA1,879,6 (4) An excise tax is imposed at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every person storing, using, or otherwise consuming a motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under s. 77.70, the jurisdictional area of a transit authority that has in effect a resolution under s. 77.708, or in a special district that has in effect a resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.

AB40-ASA1, s. 2183h Section 2183h. 77.73 (2) of the statutes is amended to read:

AB40-ASA1,879,16 77.73 (2) Counties, and special districts, and transit authorities do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except snowmobiles, trailers, semitrailers, and all-terrain vehicles, purchased in a sale that is consummated in another county or special district in this state, or in another transit authority's jurisdictional area, that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county, or special district , or jurisdictional area of the transit authority that has imposed a tax under s. 77.71 (2).

AB40-ASA1, s. 2183i Section 2183i. 77.73 (3) of the statutes is amended to read:

AB40-ASA1,880,3 77.73 (3) Counties, and special districts, and transit authorities have jurisdiction to impose the taxes under this subchapter on retailers who file, or who are required to file, an application under s. 77.52 (7) or who register, or who are required to register, under s. 77.53 (9) or (9m), regardless of whether such retailers are engaged in business in the county, or special district, or transit authority's jurisdictional area, as provided in s. 77.51 (13g). A retailer who files, or is required to file, an application under s. 77.52 (7) or who registers, or is required to register, under s. 77.53 (9) or (9m) shall collect, report, and remit to the department the taxes imposed under this subchapter for all counties, or special districts, and transit authorities that have an ordinance or resolution imposing the taxes under this subchapter.

AB40-ASA1, s. 2183j Section 2183j. 77.75 of the statutes is amended to read:

AB40-ASA1,880,9 77.75 Reports. Every person subject to county, transit authority, or special district sales and use taxes shall, for each reporting period, record that person's sales made in the county, or special district, or jurisdictional area of a transit authority that has imposed those taxes separately from sales made elsewhere in this state and file a report as prescribed by the department of revenue.