Amendment ASA1-AB40

AB40-ASA1,1426rc Section 1426rc. 71.47 (3rm) (d) 3. of the statutes is created to read:

AB40-ASA1,824,8 71.47 (3rm) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2014.

AB40-ASA1,1426s Section 1426s. 71.47 (3rn) (a) 4. (intro.) of the statutes is amended to read:

AB40-ASA1,824,15 71.47 (3rn) (a) 4. (intro.) "Food processing plant or food warehouse modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for food processing or food warehousing, including the following, if used exclusively for food processing or food warehousing and if acquired and placed in service in this state during taxable years that begin after December 31, 2009, and before January 1, 2017 2014:

AB40-ASA1,1426t Section 1426t. 71.47 (3rn) (b) of the statutes is amended to read:

AB40-ASA1,824,23 71.47 (3rn) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.54 or s. 560.2056, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2017 2014, a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for food processing or food warehousing modernization or expansion related to the operation of the claimant's food processing plant or food warehouse.

AB40-ASA1,1426u Section 1426u. 71.47 (3rn) (d) 3. of the statutes is created to read:

AB40-ASA1,825,2 71.47 (3rn) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1427 Section 1427. 71.47 (3w) (b) 1. a. of the statutes is amended to read:

AB40-ASA1,825,12 71.47 (3w) (b) 1. a. The number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the area that comprises the enterprise zone in the base year.

AB40-ASA1,1428 Section 1428. 71.47 (3w) (b) 1. b. of the statutes is amended to read:

AB40-ASA1,825,22 71.47 (3w) (b) 1. b. The number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the base year.

AB40-ASA1,1429 Section 1429. 71.47 (3w) (b) 2. of the statutes is amended to read:

AB40-ASA1,826,8 71.47 (3w) (b) 2. Determine the claimant's average zone payroll by dividing total wages for full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year.

AB40-ASA1,1430 Section 1430. 71.47 (3w) (b) 3. of the statutes is amended to read:

AB40-ASA1,826,14 71.47 (3w) (b) 3. For employees in a tier I county or municipality, subtract $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage from the amount determined under subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under subd. 2.

AB40-ASA1,1431 Section 1431. 71.47 (3w) (bm) 2. of the statutes is amended to read:

AB40-ASA1,827,4 71.47 (3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to the percentage, as determined under s. 238.399 or s. 560.799, 2009 stats., not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB40-ASA1,1431am Section 1431am. 71.47 (4) (i) of the statutes is amended to read:

AB40-ASA1,827,12 71.47 (4) (i) Nonclaimants. The Except as provided in par. (j), the credits under this subsection may not be claimed by a partnership, except a publicly traded partnership treated as a corporation under s. 71.22 (1k), limited liability company, except a limited liability company treated as a corporation under s. 71.22 (1k), or tax-option corporation or by partners, including partners of a publicly traded partnership, members of a limited liability company or shareholders of a tax-option corporation.

AB40-ASA1,1431as Section 1431as. 71.47 (4) (j) of the statutes is created to read:

AB40-ASA1,827,21 71.47 (4) (j) Pass-through entities. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (ad). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB40-ASA1,1431b Section 1431b. 71.47 (4m) (d) 3. of the statutes is created to read:

AB40-ASA1,828,2 71.47 (4m) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1431bb Section 1431bb. 71.47 (5) (ad) 1. of the statutes is amended to read:

AB40-ASA1,828,11 71.47 (5) (ad) 1. Except as provided in subds. 2. and 3., for taxable year 1986 and subsequent for taxable years that begin before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1431bc Section 1431bc. 71.47 (5) (ad) 2. of the statutes is amended to read:

AB40-ASA1,828,24 71.47 (5) (ad) 2. For taxable years beginning after June 30, 2007, and before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses paid or incurred by the claimant for research related to designing internal combustion engines for vehicles, including expenses related to designing vehicles that are powered by such engines and improving production processes for such engines and vehicles. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1431bd Section 1431bd. 71.47 (5) (ad) 3. of the statutes is amended to read:

AB40-ASA1,829,12 71.47 (5) (ad) 3. For taxable years beginning after June 30, 2007, and before January 1, 2014, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 percent of the amount paid or incurred by that corporation during the taxable year to construct and equip new facilities or expand existing facilities used in this state for qualified research, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses paid or incurred by the claimant for research related to the design and manufacturing of energy efficient lighting systems, building automation and control systems, or automotive batteries for use in hybrid-electric vehicles, that reduce the demand for natural gas or electricity or improve the efficiency of its use. Eligible amounts include only amounts paid or incurred for tangible, depreciable property but do not include amounts paid or incurred for replacement property.

AB40-ASA1,1431be Section 1431be. 71.47 (5) (c) of the statutes is created to read:

AB40-ASA1,829,17 71.47 (5) (c) Sunset. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1431c Section 1431c. 71.47 (5e) (d) of the statutes is renumbered 71.47 (5e) (d) 1.

AB40-ASA1,1431d Section 1431d. 71.47 (5e) (d) 2. of the statutes is created to read:

AB40-ASA1,829,23 71.47 (5e) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1431e Section 1431e. 71.47 (5f) (d) 3. of the statutes is created to read:

AB40-ASA1,830,2 71.47 (5f) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1431eg Section 1431eg. 71.47 (5g) (a) of the statutes is amended to read:

AB40-ASA1,830,5 71.47 (5g) (a) Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10 (5), 2011 stats., who files a claim under this subsection.

AB40-ASA1,1431em Section 1431em. 71.47 (5g) (b) of the statutes is amended to read:

AB40-ASA1,830,12 71.47 (5g) (b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after December 31, 2005, and before January 1, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.43 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 par. (c) 1.

AB40-ASA1,1431es Section 1431es. 71.47 (5g) (c) 1. of the statutes is amended to read:

AB40-ASA1,830,23 71.47 (5g) (c) 1. The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under par. (b) 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 76.655 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-ASA1,1431f Section 1431f. 71.47 (5g) (d) of the statutes is renumbered 71.47 (5g) (d) 1.

AB40-ASA1,1431g Section 1431g. 71.47 (5g) (d) 2. of the statutes is created to read:

AB40-ASA1,831,4 71.47 (5g) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1431h Section 1431h. 71.47 (5h) (d) 3. of the statutes is created to read:

AB40-ASA1,831,7 71.47 (5h) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1432 Section 1432. 71.47 (5i) (b) of the statutes is amended to read:

AB40-ASA1,831,15 71.47 (5i) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2011, and before January 1, 2014, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in s. 146.81 (1) (a) to (p).

AB40-ASA1,1432b Section 1432b. 71.47 (5j) (b) of the statutes is amended to read:

AB40-ASA1,832,2 71.47 (5j) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018 2014, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.

AB40-ASA1,1432d Section 1432d. 71.47 (5j) (d) of the statutes is renumbered 71.47 (5j) (d) 1.

AB40-ASA1,1432e Section 1432e. 71.47 (5j) (d) 2. of the statutes is created to read:

AB40-ASA1,832,8 71.47 (5j) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1434b Section 1434b. 71.47 (5r) (d) of the statutes is renumbered 71.47 (5r) (d) 1.

AB40-ASA1,1434c Section 1434c. 71.47 (5r) (d) 2. of the statutes is created to read:

AB40-ASA1,832,14 71.47 (5r) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1434d Section 1434d. 71.47 (5rm) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,832,21 71.47 (5rm) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2009, and before January 1, 2020 2014, a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of the tax, the amount determined as follows, except that the maximum amount that a claimant may claim in a taxable year under this subsection is $300,000:

AB40-ASA1,1434e Section 1434e. 71.47 (5rm) (d) of the statutes is renumbered 71.47 (5rm) (d) 1.

AB40-ASA1,1434f Section 1434f. 71.47 (5rm) (d) 2. of the statutes is created to read:

AB40-ASA1,833,4 71.47 (5rm) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1434fg Section 1434fg. 71.47 (6) (a) of the statutes is renumbered 71.47 (6) (a) (intro.) and amended to read:

AB40-ASA1,833,13 71.47 (6) (a) (intro.) Any person may credit against taxes otherwise due under this chapter, up to the amount of those taxes, an amount equal to 5% one of the following percentages of the costs of qualified rehabilitation expenditures, as defined in section 47 (c) (2) of the internal revenue code Internal Revenue Code, for certified historic structures on property located in this state if the physical work of construction or destruction in preparation for construction begins after December 31, 1988, and the rehabilitated property is placed in service after June 30, 1989.:

AB40-ASA1,1434fm Section 1434fm. 71.47 (6) (a) 1. of the statutes is created to read:

AB40-ASA1,833,15 71.47 (6) (a) 1. For taxable years beginning before January 1, 2013, 5 percent.

AB40-ASA1,1434fs Section 1434fs. 71.47 (6) (a) 2. of the statutes is created to read:

AB40-ASA1,833,18 71.47 (6) (a) 2. For taxable years beginning after December 31, 2012, 10 percent.

AB40-ASA1,1434g Section 1434g. 71.47 (6n) (d) of the statutes is renumbered 71.47 (6n) (d) 1.

AB40-ASA1,1434h Section 1434h. 71.47 (6n) (d) 2. of the statutes is created to read:

AB40-ASA1,833,24 71.47 (6n) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2012. Credits under this subsection for taxable years that begin before January 1, 2013, may be carried forward to taxable years that begin after December 31, 2012.

AB40-ASA1,1434i Section 1434i. 71.47 (8r) (d) of the statutes is renumbered 71.47 (8r) (d) 1.

AB40-ASA1,1434j Section 1434j. 71.47 (8r) (d) 2. of the statutes is created to read:

AB40-ASA1,834,3 71.47 (8r) (d) 2. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.

AB40-ASA1,1434k Section 1434k. 71.47 (9s) (b) of the statutes is amended to read:

AB40-ASA1,834,12 71.47 (9s) (b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after December 31, 2010, and before January 1, 2014, for 2 consecutive taxable years beginning with the taxable year in which the claimant's business locates to this state from another state or another country and begins doing business in this state, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of the taxes, the amount of the claimant's tax liability under this subchapter after applying all other allowable credits, deductions, and exclusions.

AB40-ASA1,1434L Section 1434L. 71.47 (9s) (d) 3. of the statutes is created to read:

AB40-ASA1,834,17 71.47 (9s) (d) 3. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.

AB40-ASA1,1434t Section 1434t. 71.61 (6) of the statutes is amended to read:

AB40-ASA1,834,25 71.61 (6) Prohibition of new claims. For taxable years beginning after December 31, 2009, no new claims for a credit may be filed under ss. 71.57 to 71.61, but if an otherwise eligible claimant is subject to a farmland preservation agreement, as defined in s. 91.01 (7), 2007 stats., that is in effect on July 1, 2010, the claimant may continue to file a claim for the credit under ss. 71.57 to 71.61 until the farmland preservation agreement expires, except that no claimant who files a claim under ss. 71.57 to 71.61 may file a claim under s. 71.613 or apply for a grant under s. 91.90.

AB40-ASA1,1435c Section 1435c. 71.613 (3) (f) of the statutes is amended to read:

AB40-ASA1,835,6 71.613 (3) (f) The maximum amount of the credits that may be claimed under this section in any the 2011-2012 fiscal year and the 2012-2013 fiscal year is $27,007,200. If the total amount of eligible claims exceed this amount, the excess claims shall be paid in the next succeeding fiscal year to ensure that the limit specified in this paragraph is not exceeded.

AB40-ASA1,1437c Section 1437c. 71.613 (3) (g) of the statutes is amended to read:

AB40-ASA1,835,12 71.613 (3) (g) For the 2011-2012 fiscal year, and for every succeeding the 2012-2013 fiscal year, the department shall prorate the per acre amounts specified in sub. (2) based on the department's estimated amount of eligible claims that will be filed for that fiscal year, and to account for any excess claims from the preceding fiscal year that are required to be paid under par. (f).

AB40-ASA1,1437e Section 1437e. 71.613 (5) of the statutes is created to read:

AB40-ASA1,835,20 71.613 (5) Prohibition of new claims. For taxable years beginning after December 31, 2013, no new claims for a credit may be filed under this section. If an otherwise eligible claimant is subject to a farmland preservation agreement that is entered into after July 1, 2009, and before the effective date of this subsection .... [LRB inserts date], the claimant may continue to claim the benefit for the credit that the claimant would otherwise be eligible for under this section, until the farmland preservation agreement expires, by filing a claim for a grant under s. 91.90.

AB40-ASA1,1438 Section 1438. 71.64 (9) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,835,25 71.64 (9) (b) (intro.) The department shall from time to time adjust the withholding tables to reflect any changes in income tax rates, any applicable surtax or any changes in dollar amounts in s. 71.06 (1), (1m), (1n), (1p) , (1q), and (2) resulting from statutory changes, except as follows: