January 2, 1996 - Introduced by Representatives Robson, Bock, Notestein, Lorge,
Huber and Ryba, cosponsored by Senators Clausing, C. Potter, Burke and
Breske. Referred to Committee on Ways and Means.
AB767,1,4
1An Act to amend 71.10 (5) (b) 1., 71.10 (5) (d), 71.10 (5) (g), 71.10 (5) (h) 3. and
26. and 71.53 (1) (a); and
to create 71.10 (5) (b) 2m., 71.10 (5) (b) 3m. and 71.10
3(5) (cm) of the statutes;
relating to: an endangered resources income tax
4check-off.
Analysis by the Legislative Reference Bureau
Under current law, an individual may designate on his or her income tax return
any amount of additional payment or any amount of a refund due that individual
that he or she would like to contribute to the endangered resources program. The
functions of this program include purchasing or improving land or habitats for any
native Wisconsin endangered or threatened species or nongame species and
providing wildlife management services. Also under current law, some individuals
may not be required to file an individual income tax return, but may be eligible for
the homestead tax credit. Such individuals may file a homestead credit claim, and
claim the credit without filing an individual income tax return.
Under this bill an individual who is not required to file an individual income
tax return may designate on his or her homestead credit claim any amount of
additional payment or any amount of a credit due that individual that he or she
would like to contribute to the endangered resources program.
For further information see the state and local 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:
AB767, s. 1
5Section
1. 71.10 (5) (b) 1. of the statutes is amended to read:
AB767,2,6
171.10
(5) (b) 1. (title) `Designation on return
or homestead credit claim.' Any
2individual filing an income tax return
, or any individual who is not required to file
3an income tax return and does not file such a return, but who is eligible for and files
4a claim for a homestead tax credit under s. 71.53, may designate on the return
or on
5the homestead credit claim any amount of additional payment or any amount of a
6refund
or a credit due that individual for the endangered resources program.
AB767, s. 2
7Section
2. 71.10 (5) (b) 2m. of the statutes is created to read:
AB767,2,128
71.10
(5) (b) 2m. `Designation added to credit due.' If the individual designates
9an amount that exceeds the amount of the homestead credit that he or she is due, the
10individual shall remit in full the amount designated on the claim for the endangered
11resources program that exceeds the amount of the credit that he or she is due when
12the individual files a homestead credit claim.
AB767, s. 3
13Section
3. 71.10 (5) (b) 3m. of the statutes is created to read:
AB767,2,1814
71.10
(5) (b) 3m. `Designation deducted from credit.' Except as provided under
15par. (d) if the individual is owed a homestead credit under s. 71.53 (1) for that year,
16the department of revenue shall deduct the amount designated on the claim for the
17endangered resources program from the amount certified to the department of
18administration for payment to the claimant under s. 71.53 (1).
AB767, s. 4
19Section
4. 71.10 (5) (cm) of the statutes is created to read:
AB767,3,220
71.10
(5) (cm)
Errors; failure to remit correct amount with homestead credit
21claim. If an individual who designates an amount under par. (b) 2m. fails to remit
22an amount equal to or in excess of the difference between the total amount of the
23designation for the endangered resources program and the amount of the homestead
24credit that he or she is due, after error corrections, the department shall reduce the
1designation for the endangered resources program to reflect the amount remitted
2that exceeds the actual amount of the homestead credit that the individual is due.
AB767, s. 5
3Section
5. 71.10 (5) (d) of the statutes is amended to read:
AB767,3,114
71.10
(5) (d) (title)
Errors; insufficient refund or homestead credit. If an
5individual who is owed a refund
or a homestead credit under s. 71.53 (1) which does
6not equal or exceed the amount designated on the return
or on the homestead credit
7claim for the endangered resources program, after crediting under ss. 71.75 (9) and
871.80 (3) and after error corrections, the department shall reduce the designation for
9the endangered resources program to reflect the actual amount of the refund
or the
10homestead credit that the individual is otherwise owed, after crediting under ss.
1171.75 (9) and 71.80 (3) and after error corrections.
AB767, s. 6
12Section
6. 71.10 (5) (g) of the statutes is amended to read:
AB767,3,1813
71.10
(5) (g) (title)
Tax return; homestead credit claim form. The secretary of
14revenue shall provide a place for the designations under this subsection on the
15individual income tax return
and on the homestead tax credit claim form, and the
16secretary shall highlight
that place those places on the return
and on the claim form 17by a symbol chosen by the department of revenue that relates to endangered
18resources.
AB767, s. 7
19Section
7. 71.10 (5) (h) 3. and 6. of the statutes are amended to read:
AB767,3,2220
71.10
(5) (h) 3. The total amount received from all designations for the
21endangered resources program made by taxpayers
and homestead credit claimants 22during the previous fiscal year.
AB767,4,523
6. Amounts designated for the endangered resources program under this
24subsection are not subject to refund to the taxpayer
or to homestead credit claimants 25unless the taxpayer
or the claimant submits information to the satisfaction of the
1department within 18 months after the date taxes are due or the date the return
or
2homestead credit claim is filed, whichever is later, that the amount designated is
3clearly in error. Any refund granted by the department of revenue under this
4subdivision shall be deducted from the moneys received under this subsection in the
5fiscal year that the refund is certified.
AB767, s. 8
6Section
8. 71.53 (1) (a) of the statutes is amended to read:
AB767,4,157
71.53
(1) (a) Subject to the limitations provided in this subchapter and s. 71.80
8(3) and (3m), a claimant may claim as a credit against Wisconsin income taxes
9otherwise due, Wisconsin property taxes accrued, or rent constituting property taxes
10accrued, or both. If the allowable amount of claim exceeds the income taxes
11otherwise due on the claimant's income or if there are no Wisconsin income taxes due
12on the claimant's income, the amount of the claim not used as an offset against
13income taxes shall be certified
, subject to s. 71.10 (5) (b) 2m. and 3m. and (cm), to the
14department of administration for payment to the claimant by check, share draft or
15other draft drawn on the general fund.
AB767,4,18
17(1) This act first applies to claims filed for taxable years beginning on January
181 of the year in which this subsection takes effect.