Under current law, the nonrefundable individual income tax school property
tax credit may be claimed for taxable years beginning before January 1, 2001. For
taxable year 1999, the credit that may be claimed is 16.4% of the first $2,000 of
property taxes accrued or rent constituting property taxes, or 16.4% of the first
$1,000 of property taxes or rent constituting property taxes for a married person
filing separately. For taxable year 2000, the credit that may be claimed is 10% of the
first $2,000 of property taxes accrued or rent constituting property taxes, or 10% of
the first $1,000 of property taxes or rent constituting property taxes for a married
person filing separately. Under this bill, the school property tax credit may not be
claimed for taxable years beginning after December 31, 1998.
Under current law, the amount to be expended for the school levy property tax
credit in 2001 is increased by $60,000,400. This bill repeals that increase.
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:
AB1, s. 1 1Section 1. 20.835 (2) (am) of the statutes is created to read:
AB1,2,32 20.835 (2) (am) Onetime sales tax rebate. A sum sufficient to pay the aggregate
3claims approved under s. 77.64.
AB1, s. 2 4Section 2. 71.07 (9) (b) 3. of the statutes, as created by 1999 Wisconsin Act 9,
5is repealed.
AB1, s. 3 6Section 3. 71.07 (9) (g) of the statutes, as created by 1999 Wisconsin Act 9, is
7amended to read:
AB1,3,2
171.07 (9) (g) No new claim may be filed under this subsection for a taxable year
2that begins after December 31, 2000 1998.
AB1, s. 4 3Section 4. 77.64 of the statutes is created to read:
AB1,3,4 477.64 Onetime sales tax rebate. (1) Definitions. In this subsection:
AB1,3,65 (a) "Claimant" means an individual who is eligible under sub. (3) to receive or
6claim a rebate under this section.
AB1,3,77 (b) "Department" means the department of revenue.
AB1,3,98 (c) "Nonresident" means an individual who was not a resident of this state for
9any part of 1998.
AB1,3,1110 (d) "Part-year resident" means an individual who was a resident of this state
11for some part of 1998.
AB1,3,1312 (e) "Resident" means an individual who was a full-year resident of this state
13in 1998.
AB1,3,18 14(2) Claims. Subject to the limitations and conditions under sub. (5) a claimant
15may claim, or is eligible to receive, a rebate that is calculated under sub. (4). The
16department shall certify the amount of the rebate for which the claimant is eligible
17to the department of administration for payment to the claimant by check, share
18draft or other draft paid from the appropriation under s. 20.835 (2) (am).
AB1,3,21 19(3) Eligibility. (a) An individual who was a resident and who filed a 1998
20Wisconsin income tax return or 1998 homestead credit claim is eligible to receive a
21rebate under sub. (2).
AB1,4,222 (b) An individual who was a resident and who did not file a 1998 Wisconsin
23income tax return or 1998 homestead credit claim by October 15, 1999, is eligible to
24receive a rebate under sub. (2) only if the individual files a claim with the department
25not later than June 30, 2000. The claim shall be filed on a form prepared by the

1department not later than 60 days after the effective date of this paragraph ....
2[revisor inserts date].
AB1,4,83 (c) An individual who was a part-year resident and who filed a 1998 Wisconsin
4income tax return or a married couple, of whom one of the spouses was a part-year
5resident and the other spouse was either a part-year resident or a resident, and who
6filed a 1998 Wisconsin income tax return, is eligible to receive a rebate under sub.
7(2), calculated by the department based on the individual's or couple's Wisconsin
8adjusted gross income.
AB1,4,179 (d) An individual who was a part-year resident and who did not file a 1998
10Wisconsin income tax return by October 15, 1999, or a married couple, of whom one
11of the spouses was a part-year resident and the other spouse was either a part-year
12resident or a resident, and who did not file a 1998 Wisconsin income tax return by
13October 15, 1999, is eligible to receive a rebate under sub. (2), calculated by the
14department, only if the individual or couple files a claim with the department not
15later than June 30, 2000. The claim shall be filed on a form prepared by the
16department not later than 60 days after the effective date of this paragraph ....
17[revisor inserts date].
AB1,4,2418 (e) An individual who was a nonresident is eligible to receive a rebate under
19sub. (2) if the individual files a claim with the department not later than 30 days after
20the effective date of this paragraph .... [revisor inserts date]. The claim shall be filed
21on a form prepared by the department. The form shall require a nonresident to
22document his or her sales taxes paid to Wisconsin in 1998, and the documented
23amount must be at least $20 for a nonresident to be eligible to receive a rebate under
24sub. (2).
AB1,5,4
1(4) Calculation. (a) A claimant who is a resident and married and filed a joint
21998 Wisconsin income tax return or 1998 homestead credit claim, or a claimant who
3filed a 1998 Wisconsin income tax return as a head of household, shall be eligible for
4a rebate in one of the following amounts:
AB1,5,65 1. If the couple's or head of household's 1998 Wisconsin adjusted gross income
6is not more than $25,000, $337.
AB1,5,87 2. If the couple's or head of household's 1998 Wisconsin adjusted gross income
8is more than $25,000 but not more than $50,000, $345.
AB1,5,109 3. If the couple's or head of household's 1998 Wisconsin adjusted gross income
10is more than $50,000 but not more than $75,000, $362.
AB1,5,1211 4. If the couple's or head of household's 1998 Wisconsin adjusted gross income
12is more than $75,000 but not more than $100,000, $380.
AB1,5,1413 5. If the couple's or head of household's 1998 Wisconsin adjusted gross income
14is more than $100,000 but not more than $200,000, $414.
AB1,5,1615 6. If the couple's or head of household's1998 Wisconsin adjusted gross income
16is more than $200,000 but not more than $500,000, $457.
AB1,5,1817 7. If the couple's or head of household's1998 Wisconsin adjusted gross income
18is more than $500,000, $500.
AB1,5,2219 (b) A claimant who is a resident and single and filed a 1998 Wisconsin income
20tax return or 1998 homestead credit claim, or who is a resident and married and filed
21a separate 1998 Wisconsin income tax return, shall be eligible for a rebate in one of
22the following amounts:
AB1,5,2423 1. If the individual's 1998 Wisconsin adjusted gross income is not more than
24$25,000, $190.
AB1,6,2
12. If the individual's 1998 Wisconsin adjusted gross income is more than
2$25,000 but not more than $50,000, $198.
AB1,6,43 3. If the individual's 1998 Wisconsin adjusted gross income is more than
4$50,000 but not more than $75,000, $216.
AB1,6,65 4. If the individual's 1998 Wisconsin adjusted gross income is more than
6$75,000 but not more than $100,000, $233.
AB1,6,87 5. If the individual's 1998 Wisconsin adjusted gross income is more than
8$100,000 but not more than $200,000, $267.
AB1,6,109 6. If the individual's 1998 Wisconsin adjusted gross income is more than
10$200,000 but not more than $500,000, $311.
AB1,6,1211 7. If the individual's 1998 Wisconsin adjusted gross income is more than
12$500,000, $354.
AB1,6,1513 (c) A claimant who files a form specified in sub. (3) (b) shall be eligible for a
14rebate in an amount specified in par. (a) 1. or (b) 1., depending on the individual's
15filing status.
AB1,6,1816 (d) A claimant to whom sub. (3) (c) applies shall be eligible for a rebate in an
17amount specified in par. (a) or (b), depending on the individual's filing status and
18Wisconsin adjusted gross income.
AB1,6,2119 (e) A claimant who files a form specified in sub. (3) (d) shall be eligible for a
20rebate in an amount specified in par. (a) 1. or (b) 1., depending on the individual's
21filing status.
AB1,6,2422 (f) A claimant under sub. (3) (e) shall be eligible for a rebate that is equal to
2330.4% of documented sales taxes paid to Wisconsin in 1998, up to a maximum rebate
24of $354.
AB1,7,3
1(5) Limitations and conditions. (a) The department may not consider any
2adjustments or amendments made to a 1998 Wisconsin income tax return after
3October 15, 1999, in its calculation of a rebate under this section.
AB1,7,64 (b) With regard to a married couple for whom an offset under s. 71.80 (3) or (3m)
5must be made against a debt that is owed by only one of the spouses, each spouse shall
6be considered by the department to have a 50% ownership interest in the rebate.
AB1,7,97 (c) If an individual who is eligible for a rebate under sub. (3) filed only a 1998
8homestead credit claim, the department shall calculate the individual's rebate as if
9the individual's Wisconsin adjusted gross income is $25,000.
AB1,7,1210 (d) An individual who was claimed as a dependent on another individual's 1998
11federal income tax return is not eligible to claim or receive a rebate under this
12section.
AB1,7,1413 (e) Section 71.80 (3) and (3m), as it applies to income tax refunds, applies to a
14sales tax rebate under this section.
AB1,7,1915 (f) The department may enforce the rebate under this section and may take any
16action, conduct any proceeding and proceed as it is authorized in respect to taxes
17under chapter 71. The income tax provisions in chapter 71 relating to assessments,
18refunds, appeals, collection, interest and penalties apply to the rebate under this
19section.
AB1,7,2220 (g) After a rebate has been issued under sub. (2) but before the check, share
21draft or other draft has been cashed, either joint claimant may request a separate
22check, share draft or other draft for 50% of the joint rebate.
AB1,8,323 (h) If the department is unable to locate an individual or married couple who
24is eligible to receive a rebate under sub. (2) by December 31, 2000, or,
25notwithstanding ss. 14.58 (12) and 20.912 (1) and notwithstanding s. 20.912 (2) and

1(3), as affected by 1999 Wisconsin Act 9, if an individual or married couple who is
2issued a check, share draft or other draft and does not cash the check, share draft or
3other draft by December 31, 2000, the right to the rebate lapses.
AB1,8,74 (i) If a claimant who was a resident and who filed a 1998 Wisconsin income tax
5return or 1998 homestead credit claim becomes deceased after he or she filed his or
6her income tax return or homestead credit claim, the amount of the rebate for which
7the claimant is eligible shall be paid to the claimant's estate.
AB1,8,8 8(6) Sunset. This section does not apply after December 31, 2000.
AB1, s. 5 9Section 5. 1999 Wisconsin Act 9, section 9143 (3g) is repealed.
AB1, s. 6 10Section 6. Appropriation changes; revenue.
AB1,8,1411 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
12to the department of revenue under section 20.566 (1) (a) of the statutes, as affected
13by the acts of 1999, the dollar amount is increased by $2,357,500 for fiscal year
141999-00 to increase funding for the purposes for which the appropriation is made.
AB1,8,1515 (End)
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