Amendment ASA1-AB556

LRBs0235/1

MES:ahe

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 556

January 25, 2018 - Offered by Representative Tittl.

AB556-ASA1,1,3 An Act to create 71.05 (6) (b) 54. and 71.53 (2) (g) of the statutes; relating to: creating an individual income tax deduction for certain income earned by an individual from the practice of psychiatry.

Analysis by the Legislative Reference Bureau

This substitute amendment creates an individual income tax subtract modification, or deduction, for up to $200,000 of income earned in this state by a psychiatrist, in the taxable year to which the claim relates, from the practice of psychiatry. The deduction may not be claimed for more than five years, and must be claimed during the five-year period that begins once the claimant first claims the credit. The deduction must be claimed initially within the first two years that a psychiatrist begins to practice in this state, or within the first two years that a psychiatrist returns to this state after practicing in another state for at least one year. If an individual begins to claim the deduction and is then ineligible to claim the deduction in any year that he or she is a full-year resident of this state, the individual may again claim the deduction in a future year if eligible to do so. If an individual begins to claim the deduction but is unable to claim it for five consecutive years because he or she leaves the state, the individual must add to his or her tax that is due for the year in which he or she leaves the state the total gross tax that would have been due if the subtraction was not claimed for any year minus the amount of gross tax actually due for those years. In addition, an individual who is eligible for and claims the deduction may not claim the homestead tax credit.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB556-ASA1,1 Section 1. 71.05 (6) (b) 54. of the statutes is created to read:

AB556-ASA1,2,6 71.05 (6) (b) 54. a. Subject to the definitions in subd. 54. b. and c. and the limitations specified in subd. 54. d., e., f., g., and h., for taxable years beginning after December 31, 2017, an amount of income, up to $200,000, earned in this state by a psychiatrist from the practice of psychiatry in the taxable year to which the claim relates.

AB556-ASA1,2,9 b. In this subdivision, “income" means all remuneration for services performed by a psychiatrist for an employer and net earnings from self-employment derived solely from the practice of psychiatry.

AB556-ASA1,2,10 c. In this subdivision, “psychiatrist" has the meaning given in s. 457.01 (8e).

AB556-ASA1,2,15 d. A psychiatrist must begin to claim the subtraction under this subdivision within the first 2 years that he or she begins practicing psychiatry within this state or within the first 2 years that he or she returns to this state to practice psychiatry after practicing psychiatry for at least one year in another state, or the psychiatrist may not claim the subtraction in any future years.

AB556-ASA1,2,17 e. An individual may claim the subtraction under this subdivision for no more than 5 taxable years.

AB556-ASA1,2,19 f. An individual may claim the subtraction under this subdivision only during the 5-year period that begins with the first year he or she claims the credit.

AB556-ASA1,3,3 g. If an individual is a full-year resident of this state and is not eligible to claim the subtraction in one or more years during the period described in subd. 54. f., the claimant may again claim the subtraction in a future year if he or she is eligible to do so in that future taxable year, except that the subtraction must occur within the 5-year period that began as described in subd. 54. f.

AB556-ASA1,3,9 h. If an individual begins to claim the subtraction under this subdivision but is unable to claim the subtraction for 5 consecutive years because he or she leaves the state, the claimant shall add to the tax due for the taxable year during which the individual leaves the state, an amount equal to the total gross tax that would have been due if the subtraction under this subdivision was not claimed for any year less the amount of gross tax actually due for those years.

AB556-ASA1,2 Section 2 . 71.53 (2) (g) of the statutes is created to read:

AB556-ASA1,3,12 71.53 (2) (g) The claimant is eligible for and claims the subtraction under s. 71.05 (6) (b) 54. for the taxable year to which a claim under this subchapter relates.

AB556-ASA1,3,13 (End)