taxation
Other taxation
This bill renumbers the appropriation to DOR for the costs of administering the Tax Incremental Financing Program so that the appropriation is listed in the statutes with other appropriations related to state and local finance rather than with appropriations related to collecting taxes.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.566 (1) (go) of the statutes is renumbered 20.566 (2) (hm).
(End)
LRB-0738LRB-0738/1
BAB:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Easton, BB0157 - Statute of limitations on tax refunds under the lemon law
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: statute of limitations on tax refund requests under motor vehicle repair, replacement and refund warranty law.
Analysis by the Legislative Reference Bureau
transportation
Motor vehicle dealers
The law governing repair, replacement, and refund under a motor vehicle warranty is known as the "lemon law." Under current law, motor vehicle manufacturers who are required by the lemon law to refund vehicle sales tax to vehicle lessors or purchasers who have returned their vehicles may request a refund of that tax from DOR, and there is no time limit to request a refund. Vehicle lessors or purchasers who have received a refund from a vehicle manufacturer under the lemon law but have not received a sales tax refund may request a refund of that tax from DOR, and there is no time limit to request a refund.
This bill imposes a four-year statute of limitations for vehicle manufacturers to request a refund of sales tax on vehicles returned to them. This bill also imposes a four-year statute of limitations for vehicle lessors or purchasers to request a sales tax refund from DOR when they have obtained from the manufacturer a refund of the purchase price but not the sales tax paid on the vehicle. This bill establishes that vehicle manufacturers, lessors, and purchasers will receive 9 percent interest on the sales tax refunded to them.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 218.0171 (2) (e) of the statutes is amended to read:
218.0171 (2) (e) The department of revenue shall refund to the manufacturer any sales tax which the manufacturer refunded to the consumer under par. (b) if the manufacturer provides to the department of revenue a written request for a refund within 4 years of the date the manufacturer issued the refund to the consumer along with evidence that the sales tax was paid when the motor vehicle was purchased and that the manufacturer refunded the sales tax to the consumer. The department may not refund any sales tax under this paragraph if it has made a refund in connection with the same motor vehicle under par. (f). Taxes refunded to the manufacturer under this paragraph shall bear interest at 9 percent per year from the date the manufacturer refunded the tax to the consumer to the date on which the refund is certified on the refund rolls.
SECTION 2. 218.0171 (2) (f) (intro.) of the statutes is amended to read:
218.0171 (2) (f) (intro.) The department of revenue shall refund to a consumer described under sub. (1) (b) 1., 2. or 3. all or part of the sales tax paid by the consumer on the purchase of a new motor vehicle, based on the amount of the refund of the purchase price of the motor vehicle actually received by the consumer, plus interest at 9 percent per year on the amount refunded by the manufacturer from the date of the manufacturer's refund of the purchase price of the vehicle to the date on which the refund is certified on the refund rolls, if all of the following apply:
SECTION 3. 218.0171 (2) (f) 3. of the statutes is amended to read:
218.0171 (2) (f) 3. The consumer provides the department of revenue with a written request for a refund of the sales tax within 4 years of the date the manufacturer issued the refund to the consumer, along with evidence that the consumer received a certain amount as a refund of the purchase price of the motor vehicle from the manufacturer, that the sales tax was paid when the motor vehicle was bought new, and that the manufacturer did not refund the sales tax to the consumer.
SECTION 9348. Initial applicability; Transportation.
(1) LEMON LAW TAX REFUNDS. The treatment of section 218.0171 (2) (e) and (f) (intro.) and 3. of the statutes first applies to applications for sales tax refunds filed on the effective date of this subsection.
SECTION 9448. Effective dates; Transportation.
(1) LEMON LAW TAX REFUNDS. The treatment of section 218.0171 (2) (e) and (f) (intro.) and 3. of the statutes and SECTION 9348 (1) of this act take effect on the first day of the 2nd month beginning after publication.
(End)
LRB-0759LRB-0759/3
MES:kjf&cs:jf
2007 - 2008 LEGISLATURE
DOA:......Easton, BB0156 - Individual income tax subtraction for health insurance premiums paid by employees who pay part of their premiums
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: creating an individual income tax subtract modification for medical care insurance costs paid by certain individuals who are employed by other persons.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, there is an individual income tax deduction for 100 percent of the amount paid by a person for a medical care insurance policy that covers the person, his or her spouse, and the person's dependents if the person's employer pays no amount of money toward the person's medical care insurance. Also under current law, a similar deduction exists for 100 percent of such amounts paid for a medical care insurance policy by a self-employed person. A similar deduction also exists under current law for approximately 33 percent of such amounts paid for a medical care insurance policy by a person who has no employer and no self-employment income, although this percentage will increase to 100 percent for taxable years beginning after December 31, 2008.
This bill creates an individual income tax deduction, which is phased in over four years, for a certain percentage of the amount that is paid by an individual for a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents if the individual's employer pays a portion of the cost of the individual's policy. For taxable year 2008, 10 percent of the amount paid for such a policy may be claimed. For taxable year 2009, 25 percent may be claimed; 45 percent may be claimed in taxable year 2010; and 100 percent may be claimed in 2011 and thereafter.
Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.05 (6) (b) 39. of the statutes is created to read:
71.05 (6) (b) 39. For taxable years beginning after December 31, 2007, and before January 1, 2009, an amount paid by an individual who is the employee of another person, if the individual's employer pays a portion of the cost of the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:
a. Ten percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.
b. From the amount calculated under subd. 39. a., subtract the amounts deducted from gross income for medical care insurance in the calculation of federal adjusted gross income.
c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 39. a. or b., by a fraction the numerator of which is the individual's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 39. c., for married persons filing separately "wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.
d. Reduce the amount calculated under subd. 39. a., b., or c. to the individual's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.
SECTION 2. 71.05 (6) (b) 40. of the statutes is created to read:
71.05 (6) (b) 40. For taxable years beginning after December 31, 2008, and before January 1, 2010, an amount paid by an individual who is the employee of another person, if the individual's employer pays a portion of the cost of the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:
a. Twenty-five percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.
b. From the amount calculated under subd. 40. a., subtract the amounts deducted from gross income for medical care insurance in the calculation of federal adjusted gross income.
c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 40. a. or b., by a fraction the numerator of which is the individual's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 40. c., for married persons filing separately "wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.
d. Reduce the amount calculated under subd. 40. a., b., or c. to the individual's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.
SECTION 3. 71.05 (6) (b) 41. of the statutes is created to read:
71.05 (6) (b) 41. For taxable years beginning after December 31, 2009, and before January 1, 2011, an amount paid by an individual who is the employee of another person, if the individual's employer pays a portion of the cost of the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:
a. Forty-five percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.
b. From the amount calculated under subd. 41. a., subtract the amounts deducted from gross income for medical care insurance in the calculation of federal adjusted gross income.
c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 41. a. or b., by a fraction the numerator of which is the individual's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 41. c., for married persons filing separately "wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.
d. Reduce the amount calculated under subd. 41. a., b., or c. to the individual's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.
SECTION 4. 71.05 (6) (b) 42. of the statutes is created to read:
71.05 (6) (b) 42. For taxable years beginning after December 31, 2010, an amount paid by an individual who is the employee of another person, if the individual's employer pays a portion of the cost of the individual's medical care insurance, for medical care insurance for the individual, his or her spouse, and the individual's dependents, calculated as follows:
a. One hundred percent of the amount paid by the individual for medical care insurance. In this subdivision, "medical care insurance" means a medical care insurance policy that covers the individual, his or her spouse, and the individual's dependents and provides surgical, medical, hospital, major medical, or other health service coverage, and includes payments made for medical care benefits under a self-insured plan, but "medical care insurance" does not include hospital indemnity policies or policies with ancillary benefits such as accident benefits or benefits for loss of income resulting from a total or partial inability to work because of illness, sickness, or injury.
b. From the amount calculated under subd. 42. a., subtract the amounts deducted from gross income for medical care insurance in the calculation of federal adjusted gross income.
c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 42. a. or b., by a fraction the numerator of which is the individual's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 42. c., for married persons filing separately "wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.
d. Reduce the amount calculated under subd. 42. a., b., or c. to the individual's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.
(End)
LRB-0765LRB-0765/2
RLR:lmk&kjf:sh
2007 - 2008 LEGISLATURE
DOA:......Easton, BB0168 - Time for claiming lottery prizes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
gambling
Lottery
Under current law, a winner of a lottery game has up to 180 days after the date of the lottery drawing or the end date of the lottery game, as determined by the lottery administrator, to claim a prize. This bill specifies that a winner of an instant lottery game, other than an instant game for which the ticket is printed by a lottery terminal, may claim a prize up to 180 days after the end date of the game unless the rules for the instant game state that the prize must be claimed on the date of, and at the place of, sale of the game ticket. The bill also provides that the winner of a lottery game other than an instant game or a winner of an instant game for which the ticket is printed by a lottery terminal has up to 180 days after the date of the lottery drawing, or other selection process for determining a game winner, to claim a prize.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 565.01 (3g) of the statutes is created to read:
565.01 (3g) "Instant game" means a lottery game in which it may be determined from the game ticket or share alone whether the holder of the ticket or share is a game winner.
SECTION 2. 565.30 (3) (a) of the statutes is repealed and recreated to read:
565.30 (3) (a) Period to claim. 1. Except as provided in subd. 2., the holder of a winning ticket or share for an instant game may claim a prize within 180 days after the end date of the game unless the features and procedures of the game state that the prize may be claimed only on the date of, and at the place of, sale of the ticket or share.
2. The holder of a winning ticket or share for a lottery game other than an instant game or the holder of a winning ticket or share for an instant game that was printed by a lottery terminal may claim a prize within 180 days after the date on which the drawing for the game, or other selection process for determining the winning ticket or share, is held.
3. A lottery prize that is not claimed within the time period described under subd. 1. or 2., whichever is applicable, is forfeited.
(End)
LRB-0766LRB-0766/P3
RLR:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Easton, BB0166 - Withholding money owed to state agencies from lottery prizes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
