Amendment ASA1-AB40

AB40-ASA1,1304h Section 1304h. 71.05 (8) (a) of the statutes is amended to read:

AB40-ASA1,709,24 71.05 (8) (a) The carry back of losses to reduce income of prior years shall not may be permitted for 2 taxable years. There shall be added any amount deducted as a federal net operating loss carry-back or carry-over and there shall be subtracted for the first taxable year for which the subtraction may be made any Wisconsin net operating loss carry-back or carry-forward allowable under par. (b) in an amount not in excess of the Wisconsin taxable income computed before the deduction of the Wisconsin net operating loss carry-back or carry-forward.

AB40-ASA1,1304he Section 1304he. 71.05 (8) (b) of the statutes is amended to read:

AB40-ASA1,710,15 71.05 (8) (b) A Wisconsin net operating loss may be carried back against Wisconsin taxable income of the previous 2 years and then carried forward against Wisconsin taxable incomes of the next 15 20 taxable years, if the taxpayer was subject to taxation under this chapter in the taxable year in which the loss was sustained, to the extent not offset against other income of the year of loss and to the extent not offset against Wisconsin modified taxable income of the 2 years preceding the loss and of any year between the loss year and the taxable year for which the loss carry-forward is claimed. In this paragraph, "Wisconsin modified taxable income" means Wisconsin taxable income with the following exceptions: a net operating loss deduction or offset for the loss year or any taxable year before or thereafter is not allowed, the deduction for long-term capital gains under subs. (6) (b) 9. and 9m. and (25) is not allowed, the amount deductible for losses from sales or exchanges of capital assets may not exceed the amount includable in income for gains from sales or exchanges of capital assets and "Wisconsin modified taxable income" may not be less than zero.

AB40-ASA1,1304i Section 1304i. 71.05 (16) of the statutes is amended to read:

AB40-ASA1,710,21 71.05 (16) Depreciation continuation. Property For taxable years beginning before January 1, 2014, property that, under s. 71.02 (2) (d) 12., 1985 stats., is required to be depreciated for taxable year 1986 under the internal revenue code as amended to December 31, 1980, shall continue to be depreciated under the internal revenue code as amended to December 31, 1980.

AB40-ASA1,1304j Section 1304j. 71.05 (17) of the statutes is amended to read:

AB40-ASA1,711,5 71.05 (17) Difference in basis. With For taxable years beginning before January 1, 2014, with respect to depreciable property that, under s. 71.02 (2) (d) 12., 1985 stats., is required to be depreciated for taxable year 1986 under the internal revenue code as amended to December 31, 1980, and that was disposed of in taxable year 1986 and thereafter, any difference between the adjusted basis for federal income tax purposes and the adjusted basis under this chapter shall be taken into account in determining net income or loss in the year or years that the gain or loss is reportable under this chapter.

AB40-ASA1,1304m Section 1304m. 71.05 (18) of the statutes is amended to read:

AB40-ASA1,711,16 71.05 (18) Carry-over basis precluded. With For taxable years beginning before January 1, 2014, with respect to property that, under s. 71.02 (2) (d) 12., 1985 stats., is required to be depreciated for taxable year 1986 under the internal revenue code as amended to December 31, 1980, and that was acquired in a transaction occurring in taxable year 1986 and thereafter in which the adjusted basis of the property in the hands of the transferee is the same as the adjusted basis of the property in the hands of the transferor, the Wisconsin adjusted basis of that property on the date of transfer is the adjusted basis allowable under the depreciation provisions of the internal revenue code as defined for Wisconsin purposes for the property in the hands of the transferor.

AB40-ASA1,1305 Section 1305. 71.05 (24) (a) 4. of the statutes is amended to read:

AB40-ASA1,711,19 71.05 (24) (a) 4. "Qualified new business venture" means a business certified under s. 238.20, 2011 stats., or s. 560.2085, 2009 stats.

AB40-ASA1,1306 Section 1306. 71.05 (24) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,711,24 71.05 (24) (b) (intro.) For taxable years beginning after December 31, 2010, and before January 1, 2014, a claimant may subtract from federal adjusted gross income any amount, up to $10,000,000, of a long-term capital gain if the claimant does all of the following:

AB40-ASA1,1307 Section 1307. 71.05 (25) (title) of the statutes is amended to read:

AB40-ASA1,712,2 71.05 (25) (title) Capital gains exclusion; Wisconsin-source assets qualified Wisconsin business.

AB40-ASA1,1308 Section 1308. 71.05 (25) (a) 2. of the statutes is amended to read:

AB40-ASA1,712,12 71.05 (25) (a) 2. "Qualifying gain" means the a long-term capital gain under the Internal Revenue Code realized from the sale of any asset which is a Wisconsin capital asset in the year it is purchased by the claimant and for at least 2 of the subsequent 4 years; that is purchased an investment made after December 31, 2010; that is, and held for at least 5 uninterrupted years ; and that is treated as a long-term gain under the Internal Revenue Code in a business that for the year of investment and at least 2 of the 4 subsequent years was a qualified Wisconsin business; except that a qualifying gain may not include any amount for which the claimant claimed a subtraction under sub. (24) (b) or any gain described under sub. (26) (b) 1.

AB40-ASA1,1309 Section 1309. 71.05 (25) (a) 3. of the statutes is renumbered 71.05 (25) (a) 1s. and amended to read:

AB40-ASA1,712,17 71.05 (25) (a) 1s. "Qualified Wisconsin business" means a business certified by the Wisconsin Economic Development Corporation under s. 238.145, 2011 stats., or registered with the department under s. 73.03 (69).

AB40-ASA1,1310 Section 1310. 71.05 (25) (a) 4. of the statutes is repealed.

AB40-ASA1,1311 Section 1311. 71.05 (25) (b) (intro.) of the statutes is renumbered 71.05 (25) (b) and amended to read:

AB40-ASA1,713,2 71.05 (25) (b) For taxable years beginning after December 31, 2015, for a Wisconsin capital asset that is purchased an investment in a qualified Wisconsin business made after December 31, 2010, and held for at least 5 uninterrupted years, a claimant may subtract from federal adjusted gross income the lesser of one of the following amounts amount of the claimant's qualifying gain in the year to which the claim relates, to the extent that it is not subtracted under sub. (6) (b) 9. or 9m.:

AB40-ASA1,1312 Section 1312. 71.05 (25) (b) 1. of the statutes is repealed.

AB40-ASA1,1313 Section 1313. 71.05 (25) (b) 2. of the statutes is repealed.

AB40-ASA1,1314 Section 1314. 71.05 (26) (title) of the statutes is amended to read:

AB40-ASA1,713,7 71.05 (26) (title) Income tax deferral; long-term Wisconsin capital assets qualified Wisconsin business.

AB40-ASA1,1315 Section 1315. 71.05 (26) (a) 4. of the statutes is amended to read:

AB40-ASA1,713,11 71.05 (26) (a) 4. "Qualified Wisconsin business" means a business certified by the Wisconsin Economic Development Corporation under s. 238.146, 2011 stats., or registered with the department under s. 73.03 (69).

AB40-ASA1,1316 Section 1316. 71.05 (26) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,713,15 71.05 (26) (b) (intro.) For taxable years beginning after December 31, 2010, and before January 1, 2014, a claimant may subtract from federal adjusted gross income any amount of a long-term capital gain if the claimant does all of the following:

AB40-ASA1,1317 Section 1317. 71.05 (26) (bm) of the statutes is created to read:

AB40-ASA1,713,19 71.05 (26) (bm) For taxable years beginning after December 31, 2013, a claimant may subtract from federal adjusted gross income any amount of a long-term capital gain if the claimant does all of the following:

AB40-ASA1,713,21 1. Within 180 days after the sale of the asset that generated the gain, invests all of the gain in a qualified Wisconsin business.

AB40-ASA1,714,2 2. After making the investment as described under subd. 1., notifies the department, on a form prepared by the department, that the claimant will not declare the gain on the claimant's income tax return because the claimant has reinvested the capital gain as described under subd. 1. The form shall be sent to the department along with the claimant's income tax return for the year to which the claim relates.

AB40-ASA1,1318 Section 1318. 71.05 (26) (c) of the statutes is amended to read:

AB40-ASA1,714,8 71.05 (26) (c) The basis of the investment described in par. (b) 2. shall be calculated by subtracting the gain described in par. (b) 1. from the amount of the investment described in par. (b) 2. The basis of the investment described in par. (bm) 1. shall be calculated by subtracting the gain described in par. (bm) 1. from the amount of the investment described in par. (bm) 1.

AB40-ASA1,1319 Section 1319. 71.05 (26) (d) of the statutes is amended to read:

AB40-ASA1,714,12 71.05 (26) (d) If a claimant defers the payment of income taxes on a capital gain under this subsection, the claimant may not use the gain described under par. (b) 1. to net capital gains and losses, as described under sub. (10) (c).

AB40-ASA1,1320 Section 1320. 71.05 (26) (f) of the statutes is amended to read:

AB40-ASA1,714,16 71.05 (26) (f) If a claimant claims the a subtraction for a capital gain under this subsection par. (b) or (bm), the gain described under par. (b) 1. may not be used as a qualifying gain under sub. (25).

AB40-ASA1,1321 Section 1321. 71.06 (1p) (intro.) of the statutes is amended to read:

AB40-ASA1,714,23 71.06 (1p) Fiduciaries, single individuals and heads of households; after 2000 2001 to 2012. (intro.) The tax to be assessed, levied and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2000, and before January 1, 2013:

AB40-ASA1,1322 Section 1322. 71.06 (1q) of the statutes is created to read:

AB40-ASA1,715,5 71.06 (1q) Fiduciaries, single individuals, and heads of households; after 2012. (intro.) The tax to be assessed, levied, and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2012:

AB40-ASA1,715,6 (a) On all taxable income from $0 to $7,500, 4.40 percent.

AB40-ASA1,715,8 (b) On all taxable income exceeding $7,500 but not exceeding $15,000, 5.84 percent.

AB40-ASA1,715,10 (c) On all taxable income exceeding $15,000 but not exceeding $225,000, 6.27 percent.

AB40-ASA1,715,11 (d) On all taxable income exceeding $225,000, 7.65 percent.

AB40-ASA1,1323 Section 1323. 71.06 (2) (g) (intro.) of the statutes is amended to read:

AB40-ASA1,715,14 71.06 (2) (g) (intro.) For joint returns, for taxable years beginning after December 31, 2000, and before January 1, 2013:

AB40-ASA1,1324 Section 1324. 71.06 (2) (h) (intro.) of the statutes is amended to read:

AB40-ASA1,715,17 71.06 (2) (h) (intro.) For married persons filing separately, for taxable years beginning after December 31, 2000, and before January 1, 2013:

AB40-ASA1,1325 Section 1325. 71.06 (2) (i) of the statutes is created to read:

AB40-ASA1,715,20 71.06 (2) (i) For joint returns, for taxable years beginning after December 31, 2012:

AB40-ASA1,715,21 1. On all taxable income from $0 to $10,000, 4.40 percent.

AB40-ASA1,715,23 2. On all taxable income exceeding $10,000 but not exceeding $20,000, 5.84 percent.

AB40-ASA1,715,25 3. On all taxable income exceeding $20,000 but not exceeding $300,000, 6.27 percent.

AB40-ASA1,716,1 4. On all taxable income exceeding $300,000, 7.65 percent.

AB40-ASA1,1326 Section 1326. 71.06 (2) (j) of the statutes is created to read:

AB40-ASA1,716,4 71.06 (2) (j) For married persons filing separately, for taxable years beginning after December 31, 2012:

AB40-ASA1,716,5 1. On all taxable income from $0 to $5,000, 4.40 percent.

AB40-ASA1,716,7 2. On all taxable income exceeding $5,000 but not exceeding $10,000, 5.84 percent.

AB40-ASA1,716,9 3. On all taxable income exceeding $10,000 but not exceeding $150,000, 6.27 percent.

AB40-ASA1,716,10 4. On all taxable income exceeding $150,000, 7.65 percent.

AB40-ASA1,1327 Section 1327. 71.06 (2e) (a) of the statutes is amended to read:

AB40-ASA1,717,12 71.06 (2e) (a) For taxable years beginning after December 31, 1998, and before January 1, 2000, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1m) and (2) (c) and (d), and for taxable years beginning after December 31, 1999, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1n), (1p) (a) to (c), (1q) (a) and (b), and (2) (e), (f), (g) 1. to 3., and (h) 1. to 3., (i) 1. and 2., and (j) 1. and 2., shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2000, and before January 1, 2002, the dollar amount in the top bracket under subs. (1p) (c) and (d), (2) (g) 3. and 4. and (h) 3. and 4. shall be increased by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1999, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2011, the adjustment may occur only if the resulting amount is greater than the corresponding amount that was calculated for the previous year. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

AB40-ASA1,1328 Section 1328. 71.06 (2e) (b) of the statutes is amended to read:

AB40-ASA1,718,5 71.06 (2e) (b) For taxable years beginning after December 31, 2009, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1p) (d), (1q) (c), and (2) (g) 4. and, (h) 4., (i) 3., and (j) 3., and the dollar amount in the top bracket under subs. (1p) (e), (1q) (d), and (2) (g) 5. and, (h) 5., (i) 4., and (j) 4., shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2008, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2011, the adjustment may occur only if the resulting amount is greater than the corresponding amount that was calculated for the previous year. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

AB40-ASA1,1329 Section 1329. 71.06 (2e) (c) of the statutes is created to read:

AB40-ASA1,718,12 71.06 (2e) (c) Each amount that is revised under this subsection shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this subsection and incorporate the changes into the income tax forms and instructions.

AB40-ASA1,1330 Section 1330. 71.06 (2m) of the statutes is amended to read:

AB40-ASA1,718,17 71.06 (2m) Rate changes. If a rate under sub. (1), (1m), (1n), (1p), (1q), or (2) changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section 15 of the internal revenue code Internal Revenue Code.

AB40-ASA1,1331 Section 1331. 71.06 (2s) (d) of the statutes is amended to read:

AB40-ASA1,719,6 71.06 (2s) (d) For taxable years beginning after December 31, 2000, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1p), (1q), and (2) (g) and, (h), (i), and (j) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1p), (1q), and (2) (g) and, (h), (i), and (j) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.

AB40-ASA1,1331d Section 1331d. 71.07 (2) of the statutes is amended to read:

AB40-ASA1,719,15 71.07 (2) Community development finance authority credit. Any individual receiving a credit under s. 71.09 (12m), 1985 stats., may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year of purchase to the extent not offset by those taxes otherwise due in all intervening years between the year for which the credit was computed and the year for which the carry-forward is claimed. No unused credits may be carried forward and claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1332 Section 1332. 71.07 (2dj) (am) 4h. of the statutes is amended to read:

AB40-ASA1,719,22 71.07 (2dj) (am) 4h. Modify section 51 (a) of the internal revenue code Internal Revenue Code so that the amount of the credit is 25% of the qualified first-year wages if the wages are paid to an applicant for a Wisconsin works Works employment position for service either in an unsubsidized position or in a trial job under s. 49.147 (3), 2011 stats., and so that the amount of the credit is 20% of the qualified first-year wages if the wages are not paid to such an applicant.

AB40-ASA1,1333 Section 1333. 71.07 (2dx) (a) 4. of the statutes is amended to read:

AB40-ASA1,720,5 71.07 (2dx) (a) 4. "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and receives benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins has the meaning given in s. 238.30 (2m).

AB40-ASA1,1334 Section 1334. 71.07 (2dx) (a) 5. of the statutes is amended to read:

AB40-ASA1,720,20 71.07 (2dx) (a) 5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats., or in a real work, real pay project position under s. 49.147 (3m) trial employment match program job, as defined in s. 49.141 (1) (n), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.

AB40-ASA1,1335 Section 1335. 71.07 (2dx) (b) 2. of the statutes is amended to read:

AB40-ASA1,721,2 71.07 (2dx) (b) 2. 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-ASA1,1336 Section 1336. 71.07 (2dx) (b) 3. of the statutes is amended to read:

AB40-ASA1,721,8 71.07 (2dx) (b) 3. 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-ASA1,1337 Section 1337. 71.07 (2dx) (b) 4. of the statutes is amended to read:

AB40-ASA1,721,17 71.07 (2dx) (b) 4. 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 sub. (2dj), 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.