The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB60-SSA1, s. 1 5Section 1. 71.05 (6) (a) 15. of the statutes, as affected by 2011 Wisconsin Act
632
, is amended to read:
SB60-SSA1,1,127 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
8(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r),
9(3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm), and
10(8r) and not passed through by a partnership, limited liability company, or
11tax-option corporation that has added that amount to the partnership's, company's,
12or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).
SB60-SSA1, s. 2
1Section 2. 71.07 (5p) of the statutes is created to read:
SB60-SSA1,2,32 71.07 (5p) Small business expansion credit. (a) Definitions. In this
3subsection:
SB60-SSA1,2,54 1. "Claimant" means a person who files a claim under this subsection and is
5certified under s. 238.18 (2).
SB60-SSA1,2,66 2. "Full-time job" has the meaning given in s. 238.18 (1) (a).
SB60-SSA1,2,77 3. "Small business" has the meaning given in s. 238.18 (1) (b).
SB60-SSA1,2,148 (b) Filing claims. Subject to the limitations provided in this subsection and s.
9238.18, for taxable years beginning after December 31, 2011, a claimant may claim
10as a credit against the taxes imposed under s. 71.02, up to the amount of the taxes,
11an amount equal to the actual cost of improvements to real property and acquisitions
12of personal property reported to the department under s. 238.18 (3) (a), if such real
13and personal property is subject to taxation under ch. 70, made by the claimant's
14small business in the taxable year, multiplied by one of the following:
SB60-SSA1,2,1615 1. If the small business employs one more employee in a full-time job in the
16taxable year than it did in the previous taxable year, 0.002.
SB60-SSA1,2,1817 2. If the small business employs 2 more employees in full-time jobs in the
18taxable year than it did in the previous taxable year, 0.004.
SB60-SSA1,2,2019 3. If the small business employs 3 more employees in full-time jobs in the
20taxable year than it did in the previous taxable year, 0.006.
SB60-SSA1,2,2221 4. If the small business employs 4 more employees in full-time jobs in the
22taxable year than it did in the previous taxable year, 0.008.
SB60-SSA1,2,2423 5. If the small business employs at least 5 more employees in full-time jobs in
24the taxable year than it did in the previous taxable year, 0.01.
SB60-SSA1,3,10
1(c) Limitations. 1. A claimant may only claim a credit under this subsection
2for 2 consecutive taxable years. The amount that the claimant may claim as a credit
3under this subsection for the 2nd taxable year is equal to the amount that the
4claimant claimed as a credit under this subsection for the first taxable year, except
5that, if the claimant employs more or fewer employees in full-time jobs in the 2nd
6taxable year than in the first taxable year, the amount that the claimant may claim
7as a credit under this subsection for the 2nd taxable year is based on the number of
8employees that it employs in full-time jobs in the 2nd taxable year that is in excess
9of the number of employees that it employed in full-time jobs in the taxable year
10previous to the first taxable year.
SB60-SSA1,3,1811 2. Partnerships, limited liability companies, and tax-option corporations may
12not claim the credit under this subsection, but the eligibility for, and the amount of,
13the credit are based on their payment of amounts under par. (b). A partnership,
14limited liability company, or tax-option corporation shall compute the amount of
15credit that each of its partners, members, or shareholders may claim and shall
16provide that information to each of them. Partners, members of limited liability
17companies, and shareholders of tax-option corporations may claim the credit in
18proportion to their ownership interests.
SB60-SSA1,3,2019 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
20s. 71.28 (4), applies to the credit under this subsection.
SB60-SSA1, s. 3 21Section 3. 71.10 (4) (ct) of the statutes is created to read:
SB60-SSA1,3,2222 71.10 (4) (ct) Small business expansion credit under s. 71.07 (5p).
SB60-SSA1, s. 4 23Section 4. 71.21 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
24amended to read:
SB60-SSA1,4,4
171.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
2(2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s),
3(3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm), and (8r) and passed
4through to partners shall be added to the partnership's income.
SB60-SSA1, s. 5 5Section 5. 71.26 (2) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 32,
6is amended to read:
SB60-SSA1,4,137 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
8(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r),
9(3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm), (8r),
10and (9s) and not passed through by a partnership, limited liability company, or
11tax-option corporation that has added that amount to the partnership's, limited
12liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k)
13(g).
SB60-SSA1, s. 6 14Section 6. 71.28 (5p) of the statutes is created to read:
SB60-SSA1,4,1615 71.28 (5p) Small business expansion credit. (a) Definitions. In this
16subsection:
SB60-SSA1,4,1817 1. "Claimant" means a person who files a claim under this subsection and is
18certified under s. 238.18 (2).
SB60-SSA1,4,1919 2. "Full-time job" has the meaning given in s. 238.18 (1) (a).
SB60-SSA1,4,2020 3. "Small business" has the meaning given in s. 238.18 (1) (b).
SB60-SSA1,5,221 (b) Filing claims. Subject to the limitations provided in this subsection and s.
22238.18, for taxable years beginning after December 31, 2011, a claimant may claim
23as a credit against the taxes imposed under s. 71.23, up to the amount of the taxes,
24an amount equal to the actual cost of improvements to real property and acquisitions
25of personal property reported to the department under s. 238.18 (3) (a), if such real

1and personal property is subject to taxation under ch. 70, made by the claimant's
2small business in the taxable year, multiplied by one of the following:
SB60-SSA1,5,43 1. If the small business employs one more employee in a full-time job in the
4taxable year than it did in the previous taxable year, 0.002.
SB60-SSA1,5,65 2. If the small business employs 2 more employees in full-time jobs in the
6taxable year than it did in the previous taxable year, 0.004.
SB60-SSA1,5,87 3. If the small business employs 3 more employees in full-time jobs in the
8taxable year than it did in the previous taxable year, 0.006.
SB60-SSA1,5,109 4. If the small business employs 4 more employees in full-time jobs in the
10taxable year than it did in the previous taxable year, 0.008.
SB60-SSA1,5,1211 5. If the small business employs at least 5 more employees in full-time jobs in
12the taxable year than it did in the previous taxable year, 0.01.
SB60-SSA1,5,2213 (c) Limitations. 1. A claimant may only claim a credit under this subsection
14for 2 consecutive taxable years. The amount that the claimant may claim as a credit
15under this subsection for the 2nd taxable year is equal to the amount that the
16claimant claimed as a credit under this subsection for the first taxable year, except
17that, if the claimant employs more or fewer employees in full-time jobs in the 2nd
18taxable year than in the first taxable year, the amount that the claimant may claim
19as a credit under this subsection for the 2nd taxable year is based on the number of
20employees that it employs in full-time jobs in the 2nd taxable year that is in excess
21of the number of employees that it employed in full-time jobs in the taxable year
22previous to the first taxable year.
SB60-SSA1,6,523 2. Partnerships, limited liability companies, and tax-option corporations may
24not claim the credit under this subsection, but the eligibility for, and the amount of,
25the credit are based on their payment of amounts under par. (b). A partnership,

1limited liability company, or tax-option corporation shall compute the amount of
2credit that each of its partners, members, or shareholders may claim and shall
3provide that information to each of them. Partners, members of limited liability
4companies, and shareholders of tax-option corporations may claim the credit in
5proportion to their ownership interests.
SB60-SSA1,6,76 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
7sub. (4), applies to the credit under this subsection.
SB60-SSA1, s. 7 8Section 7. 71.30 (3) (dt) of the statutes is created to read:
SB60-SSA1,6,99 71.30 (3) (dt) Small business expansion credit under s. 71.28 (5p).
SB60-SSA1, s. 8 10Section 8. 71.34 (1k) (g) of the statutes, as affected by 2011 Wisconsin Act 32,
11is amended to read:
SB60-SSA1,6,1512 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
13corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
14(3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j),
15(5k), (5n), (5p), (5r), (5rm), and (8r) and passed through to shareholders.
SB60-SSA1, s. 9 16Section 9. 71.45 (2) (a) 10. of the statutes, as affected by 2011 Wisconsin Act
1732
, is amended to read:
SB60-SSA1,6,2418 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
19computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn),
20(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm), (8r), and (9s) and not
21passed through by a partnership, limited liability company, or tax-option
22corporation that has added that amount to the partnership's, limited liability
23company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and
24the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).
SB60-SSA1, s. 10 25Section 10. 71.47 (5p) of the statutes is created to read:
SB60-SSA1,7,2
171.47 (5p) Small business expansion credit. (a) Definitions. In this
2subsection:
SB60-SSA1,7,43 1. "Claimant" means a person who files a claim under this subsection and is
4certified under s. 238.18 (2).
SB60-SSA1,7,55 2. "Full-time job" has the meaning given in s. 238.18 (1) (a).
SB60-SSA1,7,66 3. "Small business" has the meaning given in s. 238.18 (1) (b).
SB60-SSA1,7,137 (b) Filing claims. Subject to the limitations provided in this subsection and s.
8238.18, for taxable years beginning after December 31, 2011, a claimant may claim
9as a credit against the taxes imposed under s. 71.43, up to the amount of the taxes,
10an amount equal to the actual cost of improvements to real property and acquisitions
11of personal property reported to the department under s. 238.18 (3) (a), if such real
12and personal property is subject to taxation under ch. 70, made by the claimant's
13small business in the taxable year, multiplied by one of the following:
SB60-SSA1,7,1514 1. If the small business employs one more employee in a full-time job in the
15taxable year than it did in the previous taxable year, 0.002.
SB60-SSA1,7,1716 2. If the small business employs 2 more employees in full-time jobs in the
17taxable year than it did in the previous taxable year, 0.004.
SB60-SSA1,7,1918 3. If the small business employs 3 more employees in full-time jobs in the
19taxable year than it did in the previous taxable year, 0.006.
SB60-SSA1,7,2120 4. If the small business employs 4 more employees in full-time jobs in the
21taxable year than it did in the previous taxable year, 0.008.
SB60-SSA1,7,2322 5. If the small business employs at least 5 more employees in full-time jobs in
23the taxable year than it did in the previous taxable year, 0.01.
SB60-SSA1,8,824 (c) Limitations. 1. A claimant may only claim a credit under this subsection
25for 2 consecutive taxable years. The amount that the claimant may claim as a credit

1under this subsection for the 2nd taxable year is equal to the amount that the
2claimant claimed as a credit under this subsection for the first taxable year, except
3that, if the claimant employs more or fewer employees in full-time jobs in the 2nd
4taxable year than in the first taxable year, the amount that the claimant may claim
5as a credit under this subsection for the 2nd taxable year is based on the number of
6employees that it employs in full-time jobs in the 2nd taxable year that is in excess
7of the number of employees that it employed in full-time jobs in the taxable year
8previous to the first taxable year.
SB60-SSA1,8,169 2. Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on their payment of amounts under par. (b). A partnership,
12limited liability company, or tax-option corporation shall compute the amount of
13credit that each of its partners, members, or shareholders may claim and shall
14provide that information to each of them. Partners, members of limited liability
15companies, and shareholders of tax-option corporations may claim the credit in
16proportion to their ownership interests.
SB60-SSA1,8,1817 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
18s. 71.28 (4), applies to the credit under this subsection.
SB60-SSA1, s. 11 19Section 11. 71.49 (1) (dt) of the statutes is created to read:
SB60-SSA1,8,2020 71.49 (1) (dt) Small business expansion credit under s. 71.47 (5p).
SB60-SSA1, s. 12 21Section 12. 77.92 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
22amended to read:
SB60-SSA1,9,1323 77.92 (4) "Net business income," with respect to a partnership, means taxable
24income as calculated under section 703 of the Internal Revenue Code; plus the items
25of income and gain under section 702 of the Internal Revenue Code, including taxable

1state and municipal bond interest and excluding nontaxable interest income or
2dividend income from federal government obligations; minus the items of loss and
3deduction under section 702 of the Internal Revenue Code, except items that are not
4deductible under s. 71.21; plus guaranteed payments to partners under section 707
5(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
6(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r),
7(3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5p), (5r), (5rm),
8and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation
9differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but
10excluding income, gain, loss, and deductions from farming. "Net business income,"
11with respect to a natural person, estate, or trust, means profit from a trade or
12business for federal income tax purposes and includes net income derived as an
13employee as defined in section 3121 (d) (3) of the Internal Revenue Code.
SB60-SSA1, s. 13 14Section 13. 238.18 of the statutes is created to read:
SB60-SSA1,9,16 15238.18 Small business expansion tax credit. (1) Definitions. In this
16section:
SB60-SSA1,9,1917 (a) "Full-time job" means a regular, nonseasonal, full-time position in which
18an individual, as a condition of employment, is required to work at least 2,080 hours
19per year, including paid leave and holidays.
SB60-SSA1,9,2320 (b) "Small business" means a business entity, including its affiliates, that is
21independently owned and operated and not dominant in its field, and that employs
2225 or fewer full-time employees or that has gross annual sales of less than
23$5,000,000.
SB60-SSA1,9,25 24(2) Certification. (a) The corporation may certify a person under this section
25to claim tax credits under s. 71.07 (5p), 71.28 (5p), or 71.47 (5p) for one taxable year

1if the person applies to the corporation on a form prepared by the corporation and
2submits evidence satisfactory to the corporation that the person is operating a small
3business that did all of the following in the taxable year:
SB60-SSA1,10,54 1. Made improvements to real property and acquisitions of personal property
5as part of expanding the small business.
SB60-SSA1,10,76 2. Employed more employees in full-time jobs than in the previous taxable
7year.
SB60-SSA1,10,128 (b) The corporation may certify a person certified under par. (a) to claim tax
9credits under s. 71.07 (5p), 71.28 (5p), or 71.47 (5p) for an additional taxable year if
10the person's small business retains one or more of the full-time jobs that were used
11to calculate the amount of the tax credit claimed by the person under s. 71.07 (5p),
1271.28 (5p), or 71.47 (5p) in the first taxable year.
SB60-SSA1,10,1413 (c) The corporation may only certify a person to claim tax credits under s. 71.07
14(5p), 71.28 (5p), or 71.47 (5p) for 2 consecutive taxable years.
SB60-SSA1,10,19 15(3) Duties of the corporation. (a) The corporation shall report to the
16department of revenue every certification issued under sub. (2), the improvements
17and acquisitions described in sub. (2) (a) 1. for which each certification is provided,
18the number of full-time jobs the certified person's small business added in the
19taxable year, and the date on which any certification is revoked or expires.
SB60-SSA1,10,2120 (b) The corporation shall adopt policies and procedures for the implementation
21and operation of this section.
Loading...
Loading...