AB646: Bill Text

August 30, 2005 - Introduced by Representatives Ainsworth, Albers, Ballweg, Bies, Gronemus, Gunderson, Hines, F. Lasee, Loeffelholz, Musser, Nerison, Ott, Petrowski, Suder, Towns and Vos, cosponsored by Senators A. Lasee, Leibham, Olsen and Reynolds. Referred to Committee on Agriculture.

AB646,1,5 An Act to amend 71.05 (6) (a) 15., 71.21 (4), 71.26 (2) (a), 71.34 (1) (g), 71.45 (2) (a) 10. and 77.92 (4); and to create 71.07 (5e), 71.10 (4) (cq), 71.28 (5e), 71.30 (3) (dq), 71.47 (5e) and 71.49 (1) (dq) of the statutes; relating to: an income and franchise tax credit for the sales and use taxes paid on the purchase of tangible personal property used in farming.

Analysis by the Legislative Reference Bureau

This bill creates an income and franchise tax credit for the amount of sales and use taxes that the taxpayer paid on the purchase of tangible personal property used in the business of farming, not including, generally, the purchase of motor vehicles for highway use or tangible personal property that is attached to, fastened to, connected to, or built into real property.

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:

AB646, s. 1 Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:

AB646,2,5 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (5b), and (5d), and (5e) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

AB646, s. 2 Section 2. 71.07 (5e) of the statutes is created to read:

AB646,2,8 71.07 (5e) Tangible personal property used in farming credit. (a) Definitions. In this subsection, "claimant" means a person who files a claim under this subsection.

AB646,2,15 (b) Filing claims. Subject to the limitations provided under this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of those taxes, an amount that is equal to the amount of the taxes imposed under ss. 77.52 and 77.53 that the claimant paid in the taxable year on the purchase of tangible personal property that is used exclusively and directly, or consumed or loses its identity, in the business of farming, including dairy farming, agriculture, horticulture, floriculture, and custom farming services.

AB646,2,17 (c) Limitations. 1. The credit under par. (b) does not apply to the purchase of any of the following:

AB646,2,18 a. Automobiles, trucks, or other motor vehicles for highway use.

AB646,2,21 b. Tangible personal property that is attached to, fastened to, connected to, or built into real property or that becomes an addition to, component of, or capital improvement of real property.

AB646,3,2 c. Tangible personal property used or consumed in the erection of a building or in the alteration, repair, or improvement of real property, regardless of any contribution that that personal property makes to the production process in that building or real property and regardless of the extent to which that personal property functions as a machine.

AB646,3,10 2. 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. (b). 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.

AB646,3,12 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB646, s. 3 Section 3. 71.10 (4) (cq) of the statutes is created to read:

AB646,3,15 71.10 (4) (cq) Tangible personal property used in farming credit under s. 71.07 (5e).

AB646, s. 4 Section 4. 71.21 (4) of the statutes is amended to read:

AB646,3,19 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), and (5b), and (5e) and passed through to partners shall be added to the partnership's income.

AB646, s. 5 Section 5. 71.26 (2) (a) of the statutes is amended to read:

AB646,4,13 71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), (3n), (3t), and (5b), and (5e) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

AB646, s. 6 Section 6. 71.28 (5e) of the statutes is created to read:

AB646,4,16 71.28 (5e) Tangible personal property used in farming credit. (a) Definitions. In this subsection, "claimant" means a person who files a claim under this subsection.

AB646,4,23 (b) Filing claims. Subject to the limitations provided under this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of those taxes, an amount that is equal to the amount of the taxes imposed under ss. 77.52 and 77.53 that the claimant paid in the taxable year on the purchase of tangible personal property that is used exclusively and directly, or consumed or loses its identity, in the business of farming, including dairy farming, agriculture, horticulture, floriculture, and custom farming services.

AB646,4,25 (c) Limitations. 1. The credit under par. (b) does not apply to the purchase of any of the following:

AB646,5,1 a. Automobiles, trucks, or other motor vehicles for highway use.

AB646,5,4 b. Tangible personal property that is attached to, fastened to, connected to, or built into real property or that becomes an addition to, component of, or capital improvement of real property.

AB646,5,9 c. Tangible personal property used or consumed in the erection of a building or in the alteration, repair, or improvement of real property, regardless of any contribution that that personal property makes to the production process in that building or real property and regardless of the extent to which that personal property functions as a machine.

AB646,5,17 2. 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. (b). 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.

AB646,5,19 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

AB646, s. 7 Section 7. 71.30 (3) (dq) of the statutes is created to read:

AB646,5,22 71.30 (3) (dq) Tangible personal property used in farming credit under s. 71.28 (5e).

AB646, s. 8 Section 8. 71.34 (1) (g) of the statutes is amended to read:

AB646,6,3 71.34 (1) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g), (3n), (3t), and (5b), and (5e) and passed through to shareholders.

AB646, s. 9 Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:

AB646,6,10 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx), (3n), and (5b), and (5e) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).

AB646, s. 10 Section 10. 71.47 (5e) of the statutes is created to read:

AB646,6,13 71.47 (5e) Tangible personal property used in farming credit. (a) Definitions. In this subsection, "claimant" means a person who files a claim under this subsection.

AB646,6,20 (b) Filing claims. Subject to the limitations provided under this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of those taxes, an amount that is equal to the amount of the taxes imposed under ss. 77.52 and 77.53 that the claimant paid in the taxable year on the purchase of tangible personal property that is used exclusively and directly, or consumed or loses its identity, in the business of farming, including dairy farming, agriculture, horticulture, floriculture, and custom farming services.

AB646,6,22 (c) Limitations. 1. The credit under par. (b) does not apply to the purchase of any of the following:

AB646,6,23 a. Automobiles, trucks, or other motor vehicles for highway use.

AB646,7,3 b. Tangible personal property that is attached to, fastened to, connected to, or built into real property or that becomes an addition to, component of, or capital improvement of real property.

AB646,7,8 c. Tangible personal property used or consumed in the erection of a building or in the alteration, repair, or improvement of real property, regardless of any contribution that that personal property makes to the production process in that building or real property and regardless of the extent to which that personal property functions as a machine.

AB646,7,16 2. 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. (b). 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.

AB646,7,18 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB646, s. 11 Section 11. 71.49 (1) (dq) of the statutes is created to read:

AB646,7,21 71.49 (1) (dq) Tangible personal property used in farming credit under s. 71.47 (5e).

AB646, s. 12 Section 12. 77.92 (4) of the statutes is amended to read:

AB646,8,12 77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), and (5b), and (5e); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB646, s. 13 Section 13. Initial applicability.

AB646,8,14 (1) This act first applies to taxable years beginning on January 1, 2006.

AB646,8,15 (End)