Amendment ASA1-AB40

AB40-ASA1,845,15 (b) A business may register under this subsection if, in the business's taxable year ending immediately before the date of the businesses registration, all of the following apply:

AB40-ASA1,845,18 1. The business has at least 2 full-time employees and the amount of payroll compensation paid by the business in this state is equal to at least 50 percent of the amount of all payroll compensation paid by the business.

AB40-ASA1,845,21 2. The value of real and tangible personal property owned or rented and used by the business in this state is equal to at least 50 percent of the value of all real and tangible personal property owned or rented and used by the business.

AB40-ASA1,845,22 (c) The department may adopt rules for the administration of this subsection.

AB40-ASA1,845,25 (d) For each year beginning after December 31, 2013, the department shall compile a list of businesses registered under this subsection and shall make the list available to the public at the department's Internet site.

AB40-ASA1,1460d Section 1460d. 73.03 (71) of the statutes is created to read:

AB40-ASA1,846,8 73.03 (71) (a) To determine the amount of additional revenue that the department collected from the taxes imposed under subch. III of ch. 77 as a result of any federal law to expand the state's authority to require out-of-state retailers to collect and remit the taxes imposed under subch. III of ch. 77 on purchases by Wisconsin residents during the first 12 months following the date on which the department begins collecting the additional revenue as a result of a change in federal law.

AB40-ASA1,846,16 (b) After the department makes the determination under par. (a), the department shall determine how much the individual income tax rates under s. 71.06 may be reduced in the following taxable year in order to eliminate the alternative minimum tax under s. 71.08 and decrease individual income tax revenue by the amount determined under par. (a). For purposes of this paragraph, the department shall calculate the tax rate reductions in proportion to the share of gross tax attributable to each of the tax brackets under s. 71.06 in effect during the most recently completed taxable year.

AB40-ASA1,846,21 (c) The department shall certify the determinations made under pars. (a) and (b) to the secretary of the department of administration, to the governor, and to the legislature and specify with that certification that the elimination of the alternative minimum tax and the new tax rates take effect in the taxable year following the taxable year in which the department makes the certification under this paragraph.

AB40-ASA1,1461 Section 1461. 73.0301 (1) (d) 6. of the statutes is amended to read:

AB40-ASA1,847,2 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

AB40-ASA1,1462 Section 1462. 73.0301 (1) (d) 6m. of the statutes is created to read:

AB40-ASA1,847,4 73.0301 (1) (d) 6m. A certificate or registration issued under 168.23 (3).

AB40-ASA1,1462n Section 1462n. 73.0301 (1) (d) 12. of the statutes is amended to read:

AB40-ASA1,847,8 73.0301 (1) (d) 12. A license issued under s. 628.04, 628.92 (1), 632.69 (2), or 633.14, a registration under s. 628.92 (2), or a temporary license issued under s. 628.09.

AB40-ASA1,1463 Section 1463. 73.0301 (1) (e) of the statutes is amended to read:

AB40-ASA1,847,17 73.0301 (1) (e) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of safety and professional services; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

AB40-ASA1,1464 Section 1464. 73.16 (1) (a) of the statutes is repealed.

AB40-ASA1,1465 Section 1465. 73.16 (1) (ab) of the statutes is created to read:

AB40-ASA1,847,20 73.16 (1) (ab) "Combined group" has the meaning given in s. 71.255 (1) (a).

AB40-ASA1,1466 Section 1466. 73.16 (3) of the statutes is created to read:

AB40-ASA1,848,2 73.16 (3) Relying on past audits. (a) A person who is subject to an audit determination by the department, including all other members of that person's combined group for purposes of determining the tax due under s. 71.23 for taxable years beginning after December 31, 2008, shall not be liable for any amount that the department asserts that the person owes if all of the following conditions are satisfied:

AB40-ASA1,848,6 1. The liability asserted by the department is the result of a tax issue during the period associated with a prior audit determination for which the person is subject to and the tax issue is the same as the tax issue during the period associated with the current audit determination.

AB40-ASA1,848,12 2. A department employee who was involved in the prior audit determination identified or reviewed the tax issue before completing the prior audit determination, as shown by any schedules, exhibits, audit reports, documents, or other written evidence pertaining to the audit determination, and the schedules, exhibits, reports, documents and other written evidence show that the department did not adjust the person's treatment of the tax issue.

AB40-ASA1,848,14 3. The liability asserted by the department as described under subd. 1. was not asserted in the prior audit determination.

AB40-ASA1,848,25 (b) This subsection does not apply to any period associated with an audit determination, if the period begins after the promulgation of a rule, dissemination of written guidance to the public or to the person who is subject to the audit determination, the effective date of a statute, or the date on which a tax appeals commission or court decision becomes final and conclusive and if the rule, guidance, statute, or decision imposes the liability as a result of the tax issue described in par. (a) 1. This subsection does not apply to any period associated with an audit determination if the taxpayer did not give the department employee adequate and accurate information regarding the tax issue in the prior audit determination or if the tax issue was settled in the prior audit determination by a written agreement between the department and the taxpayer.

AB40-ASA1,1467 Section 1467. 76.14 of the statutes is amended to read:

AB40-ASA1,849,21 76.14 Remedies for nonpayment of taxes. All taxes levied under this subchapter upon the property of any company defined in s. 76.02, which are not paid at the time provided by law, shall thereupon become delinquent and bear interest at the rate of 1.5% per month until actually paid. Upon a showing by the department under s. 73.16 (4), the failure of any such company to pay the taxes and interest so required of the company within 60 days after the entry of final judgment dismissing in whole or in part any action of the company to restrain or set aside a tax, or the failure of the company within 60 days after the entry of final judgment in favor of the state for the taxes and interest to pay the judgment shall be cause for forfeiture of all the rights, privileges and franchises granted by special charter or obtained under general laws, by or under which the company is organized and its business is operated. The attorney general upon the showing by the department under s. 73.16 (4) shall proceed by action to have forfeiture of such rights, privileges and franchises of the company duly declared. Any such company, at any time before the final judgment for forfeiture of such rights, privileges and franchises is rendered, may be permitted, absent a showing by the department under s. 73.16 (4), to pay the taxes, interest and the costs of the action upon special application to the court in which the action is pending upon such terms as the court directs. Section 71.91, as it applies to the collection of delinquent taxes under ch. 71, applies to the collection of delinquent taxes under this subchapter.

AB40-ASA1,1467g Section 1467g. 76.24 (2) (am) of the statutes is renumbered 76.24 (2) (am) 1.

AB40-ASA1,1467h Section 1467h. 76.24 (2) (am) 2. of the statutes is created to read:

AB40-ASA1,850,7 76.24 (2) (am) 2. If a municipality received a distribution under subd. 1. in 2011, the amount that the municipality receives under subd. 1. in 2013, and in each year thereafter, shall be no less than the amount received in 2011, except that, if the annual amount of the tax paid under this subchapter by the pipeline company with oil pipeline terminal facilities in the municipality is less than 200 percent of the amount of the payment the municipality received in 2011 attributable to the pipeline company, the amount shall be no less than an amount equal to 50 percent of the annual total tax paid under this subchapter by the pipeline company with oil pipeline terminal facilities in the municipality.

AB40-ASA1,1468 Section 1468. 76.636 (1) (d) of the statutes is amended to read:

AB40-ASA1,850,15 76.636 (1) (d) "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 percent 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-ASA1,1469 Section 1469. 76.636 (1) (e) 3. of the statutes is amended to read:

AB40-ASA1,850,19 76.636 (1) (e) 3. 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).

AB40-ASA1,1470 Section 1470. 76.636 (2) (b) of the statutes is amended to read:

AB40-ASA1,850,25 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-ASA1,1471 Section 1471. 76.636 (2) (c) of the statutes is amended to read:

AB40-ASA1,851,6 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-ASA1,1472 Section 1472. 76.636 (2) (d) of the statutes is amended to read:

AB40-ASA1,851,15 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-ASA1,1473 Section 1473. 76.636 (2) (e) of the statutes is amended to read:

AB40-ASA1,851,23 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-ASA1,1473c Section 1473c. 76.655 (1) of the statutes is amended to read:

AB40-ASA1,852,2 76.655 (1) Definitions. In this section, "claimant" means an insurer, as defined in s. 149.10 (5), 2011 stats., who files a claim under this section.

AB40-ASA1,1473d Section 1473d. 76.655 (2) of the statutes is amended to read:

AB40-ASA1,852,9 76.655 (2) Filing claims. Subject to the limitations provided under this section, for taxable years beginning after December 31, 2005, and before January 1, 2014, a claimant may claim as a credit against the fees imposed under ss. 76.60, 76.63, 76.65, 76.66 or 76.67 an amount that is equal to the amount of assessment under s. 149.13, 2011 stats., that the claimant paid in the claimant's taxable year, multiplied by the percentage determined under sub. (3).

AB40-ASA1,1473e Section 1473e. 76.655 (3) (a) of the statutes is amended to read:

AB40-ASA1,852,20 76.655 (3) (a) The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under sub. (2) for each claimant for each taxable year. The percentage shall be equal to $5,000,000 divided by the aggregate assessment under s. 149.13, 2011 stats. The office of the commissioner of insurance shall provide to each claimant that participates in the cost of administering the plan the aggregate assessment at the time that it notifies the claimant of the claimant's assessment. The aggregate amount of the credit under this subsection and ss. 71.07 (5g), 71.28 (5g), and 71.47 (5g) for all claimants participating in the cost of administering the plan under ch. 149, 2011 stats., shall not exceed $5,000,000 in each fiscal year.

AB40-ASA1,1473f Section 1473f. 76.655 (5) of the statutes is created to read:

AB40-ASA1,852,25 76.655 (5) Sunset. No credit may be claimed under this section for taxable years beginning after December 31, 2013. Credits under this section for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1474 Section 1474. 76.84 (5) of the statutes is created to read:

AB40-ASA1,853,3 76.84 (5) Section 71.91, as it applies to the collection of delinquent taxes under ch. 71, applies to the collection of delinquent taxes under this subchapter.

AB40-ASA1,1475 Section 1475. 77.51 (2d) of the statutes is created to read:

AB40-ASA1,853,7 77.51 (2d) "Custom farming services" include services performed by a veterinarian to animals that are farm livestock or work stock and used exclusively in the business of farming.

AB40-ASA1,1476 Section 1476. 77.51 (10f) of the statutes is amended to read:

AB40-ASA1,853,14 77.51 (10f) "Prepaid wireless calling service" means a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content, and ancillary services, and that is paid for prior to use and sold in predetermined dollar units whereby the number of units declines or dollars that decrease with use in a known amount.

AB40-ASA1,1477 Section 1477. 77.51 (10m) (a) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,853,21 77.51 (10m) (a) 3. (intro.) Food and food ingredients sold with eating utensils that are provided by the retailer of the food and food ingredients, including plates, bowls, knives, forks, spoons, glasses, cups, napkins, or straws. In this subdivision, "plate" does not include a container or packaging used to transport food and food ingredients. For purposes of this subdivision, a retailer provides utensils if any of the following applies:

AB40-ASA1,1478 Section 1478. 77.51 (10m) (a) 3. b. of the statutes is amended to read:

AB40-ASA1,854,2 77.51 (10m) (a) 3. b. For retailers not described under subd. 3. a., the retailer's customary practice is to physically give or hand the utensils to the purchaser, except that plates, bowls, glasses, or cups that are necessary for the purchaser to receive the food and food ingredients need only be made available to the purchaser.

AB40-ASA1,1479 Section 1479. 77.51 (11d) of the statutes is amended to read:

AB40-ASA1,854,7 77.51 (11d) For purposes of subs. (1ag), (1f), (3pf), and (9p) and ss. 77.52 (20) and (21), 77.522, and 77.54 (51) and, (52), and (60), "product" includes tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), and services.

AB40-ASA1,1480 Section 1480. 77.51 (11m) of the statutes is amended to read:

AB40-ASA1,854,13 77.51 (11m) "Prosthetic device" means a replacement, corrective, or supportive device, including the repair parts and replacement parts for the device, that is placed in or worn on the body to artificially replace a missing portion of the body; to prevent or correct a physical deformity or malfunction; or to support a weak or deformed portion of the body.

AB40-ASA1,1481 Section 1481. 77.51 (12m) (a) 2. of the statutes is amended to read:

AB40-ASA1,854,17 77.51 (12m) (a) 2. The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, except as provided in par. (b) 3m., and any other expense of the seller.

AB40-ASA1,1482 Section 1482. 77.51 (12m) (b) 3m. of the statutes is created to read:

AB40-ASA1,854,22 77.51 (12m) (b) 3m. Taxes imposed on the seller that are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser if the law imposing or authorizing the tax provides that the seller may, but is not required to, pass on to and collect the tax from the user or consumer.

AB40-ASA1,1483 Section 1483. 77.51 (15b) (a) 2. of the statutes is amended to read:

AB40-ASA1,855,3 77.51 (15b) (a) 2. The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, except as provided in par. (b) 3m., and any other expense of the seller.

AB40-ASA1,1484 Section 1484. 77.51 (15b) (b) 3m. of the statutes is created to read:

AB40-ASA1,855,8 77.51 (15b) (b) 3m. Taxes imposed on the seller that are separately stated on the invoice, bill of sale, or similar document that the seller gives to the purchaser if the law imposing or authorizing the tax provides that the seller may, but is not required to, pass on to and collect the tax from the user or consumer.

AB40-ASA1,1484d Section 1484d. 77.52 (2) (a) 6. of the statutes is amended to read:

AB40-ASA1,855,13 77.52 (2) (a) 6. Laundry, dry cleaning, pressing, and dyeing services, except when performed on raw materials or goods in process destined for sale, except when performed on cloth diapers by a diaper service, and except when the service is performed by the customer through the use of coin-operated, self-service machines.

AB40-ASA1,1485 Section 1485. 77.52 (2) (a) 11. of the statutes is amended to read:

AB40-ASA1,855,22 77.52 (2) (a) 11. The producing, fabricating, processing, printing, or imprinting of tangible personal property or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d) for a consideration for consumers who furnish directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting. This subdivision does not apply to the printing or imprinting of tangible personal property or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d) that results in printed material, catalogs, or envelopes that are exempt under s. 77.54 (25) or, (25m), or (59).

AB40-ASA1,1486 Section 1486. 77.52 (21) (b) of the statutes is amended to read:

AB40-ASA1,856,3 77.52 (21) (b) A Except as provided in sub. (2m) (a), 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-ASA1,1487 Section 1487. 77.522 (4) (a) 9. of the statutes is amended to read:

AB40-ASA1,856,9 77.522 (4) (a) 9. "Place of primary use" means place of primary use, as determined under 4 USC 116 to 126, as amended by P.L. 106-252 the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, "place of primary use" means a street address within the licensed service area of the home service provider.

AB40-ASA1,1488 Section 1488. 77.53 (16) of the statutes is amended to read:

AB40-ASA1,857,2 77.53 (16) If the purchase, rental or lease of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or service subject to the tax imposed by this section was subject to a sales tax by another state in which the purchase was made, the amount of sales tax paid the other state shall be applied as a credit against and deducted from the tax, to the extent thereof, imposed by this section, except no credit may be applied against and deducted from a sales tax paid on the purchase of advertising and promotional direct mail, if the advertising and promotional direct mail purchaser did not provide to the seller a direct pay permit, an exemption certificate claiming advertising and promotional direct mail, or other information that indicates the appropriate taxing jurisdiction to which the advertising and promotional direct mail is delivered to the ultimate recipients. In this subsection "sales tax" includes a use or excise tax imposed on the use of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service by the state to which the sale was sourced and "state" includes the District of Columbia and the commonwealth of Puerto Rico but does not include the several territories organized by congress.

AB40-ASA1,1488c Section 1488c. 77.54 (9a) (a) of the statutes is amended to read:

AB40-ASA1,857,7 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40-ASA1,1489 Section 1489. 77.54 (57) (a) 1f. of the statutes is renumbered 77.51 (1c).

AB40-ASA1,1490 Section 1490. 77.54 (57) (a) 1m. of the statutes is renumbered 77.51 (1d).

AB40-ASA1,1491 Section 1491. 77.54 (57) (a) 4. of the statutes is renumbered 77.51 (10rn).

AB40-ASA1,1492d Section 1492d. 77.54 (57) (a) 5. of the statutes is amended to read: