SB184,1,12
1An Act to repeal 71.10 (3) (ac), 71.10 (4) (gg), 71.10 (4) (grb), 71.10 (4) (grd), 71.10
2(4) (gu), 71.30 (3) (eg), 71.30 (3) (emb), 71.30 (3) (eom), 71.30 (3) (eon), 71.49 (1)
3(eg), 71.49 (1) (emb), 71.49 (1) (eom) and 71.49 (1) (eon);
to amend 71.07 (2di)
4(c), 71.07 (2dm) (h), 71.07 (2dx) (e), 71.07 (3g) (c), 71.10 (4) (i), 71.28 (1di) (c),
571.28 (1dm) (h), 71.28 (1dx) (e), 71.28 (3g) (c), 71.30 (3) (f), 71.47 (1di) (c), 71.47
6(1dm) (h), 71.47 (1dx) (e), 71.47 (3g) (c) and 71.49 (1) (f); and
to create 20.835
7(2) (dz), 71.07 (2di) (gm), 71.07 (2dm) (gm), 71.07 (2dx) (dm), 71.07 (3g) (bm),
871.28 (1di) (gm), 71.28 (1dm) (gm), 71.28 (1dx) (dm), 71.28 (3g) (bm), 71.47 (1di)
9(gm), 71.47 (1dm) (gm), 71.47 (1dx) (dm) and 71.47 (3g) (bm) of the statutes;
10relating to: allowing refunds for claiming the development zones capital
11investment tax credit, development zones credit, development opportunity
12zones credit, technology zones credit, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, generally, a person doing business in any development zone,
including an enterprise zone and a technology zone, may claim an income or
franchise tax credit for amounts the person spent to conduct certain business
activities in the zone. If the amount of the credits claimed by the person exceeds the
person's tax liability, the state will not issue a refund check, but the person may carry
forward any remaining credit to subsequent taxable years. Under this bill, if the
amount of the credits claimed by the person exceeds the person's tax liability, the
state will issue a refund check to the person.
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:
SB184, s. 1
1Section
1. 20.835 (2) (dz) of the statutes is created to read:
SB184,2,52
20.835
(2) (dz)
Development zones and technology zones credits. A sum
3sufficient to make the payments under ss. 71.07 (2di) (gm), (2dm) (gm), (2dx) (dm),
4and (3g) (bm), 71.28 (1di) (gm), (1dm) (gm), (1dx) (dm), and (3g) (bm), and 71.47 (1di)
5(gm), (1dm) (gm), (1dx) (dm), and (3g) (bm).
SB184, s. 2
6Section
2. 71.07 (2di) (c) of the statutes is amended to read:
SB184,2,107
71.07
(2di) (c) Except as provided in par. (b) 2.,
the for taxable years beginning
8before January 1, 2006, the carry-over provisions of s. 71.28 (4) (e) and (f) as they
9relate to the credit under s. 71.28 (4) relate to the credit under this subsection and
10apply as if the development zone continued to exist.
SB184, s. 3
11Section
3. 71.07 (2di) (gm) of the statutes is created to read:
SB184,2,1812
71.07
(2di) (gm) For credits computed based on amounts paid or incurred in
13taxable years beginning after December 31, 2005, if the allowable amount of the
14claim under this subsection exceeds the income taxes otherwise due on the claimant's
15income, the amount of the claim that is not used to offset those taxes shall be certified
16by the department of revenue to the department of administration for payment by
17check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
18(dz).
SB184, s. 4
1Section
4. 71.07 (2dm) (gm) of the statutes is created to read:
SB184,3,82
71.07
(2dm) (gm) For credits computed based on amounts paid or incurred in
3taxable years beginning after December 31, 2005, if the allowable amount of the
4claim under this subsection exceeds the income taxes otherwise due on the claimant's
5income, the amount of the claim that is not used to offset those taxes shall be certified
6by the department of revenue to the department of administration for payment by
7check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
8(dz).
SB184, s. 5
9Section
5. 71.07 (2dm) (h) of the statutes is amended to read:
SB184,3,1210
71.07
(2dm) (h)
The For taxable years beginning before January 1, 2006, the 11carry-over provisions of s. 71.28 (4) (e) and (f) as they relate to the credit under s.
1271.28 (4) relate to the credit under this subsection.
SB184, s. 6
13Section
6. 71.07 (2dx) (dm) of the statutes is created to read:
SB184,3,2014
71.07
(2dx) (dm)
Refunds. For credits computed based on amounts paid or
15incurred in taxable years beginning after December 31, 2005, if the allowable
16amount of the claim under this subsection exceeds the income taxes otherwise due
17on the claimant's income, the amount of the claim that is not used to offset those taxes
18shall be certified by the department of revenue to the department of administration
19for payment by check, share draft, or other draft drawn from the appropriation under
20s. 20.835 (2) (dz).
SB184, s. 7
21Section
7. 71.07 (2dx) (e) of the statutes is amended to read:
SB184,4,422
71.07
(2dx) (e)
Administration. Section 71.28 (4)
(e) to (g) and (h), as it applies
23to the credit under s. 71.28 (4), applies to the credit under this subsection.
For
24taxable years beginning before January 1, 2006, s. 71.28 (4) (e) and (f), as it applies
25to the credit under s. 71.28 (4), applies to the credit under this subsection. Subsection
1(2dj) (c), as it applies to the credit under sub. (2dj), applies to the credit under this
2subsection. Claimants shall include with their returns a copy of their certification for
3tax benefits and a copy of the department of commerce's verification of their
4expenses.
SB184, s. 8
5Section
8. 71.07 (3g) (bm) of the statutes is created to read:
SB184,4,126
71.07
(3g) (bm) For credits computed based on amounts paid or incurred in
7taxable years beginning after December 31, 2005, if the allowable amount of the
8claim under this subsection exceeds the income taxes otherwise due on the claimant's
9income, the amount of the claim that is not used to offset those taxes shall be certified
10by the department of revenue to the department of administration for payment by
11check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
12(dz).
SB184, s. 9
13Section
9. 71.07 (3g) (c) of the statutes is amended to read:
SB184,4,1714
71.07
(3g) (c) Section 71.28 (4)
(e), (f), (g)
, and (h), as it applies to the credit
15under s. 71.28 (4), applies to the credit under par. (a).
For taxable years beginning
16before January 1, 2006, s. 71.28 (4) (e) and (f), as it applies to the credit under s. 71.28
17(4), applies to the credit under par. (a).
SB184, s. 10
18Section
10. 71.10 (3) (ac) of the statutes is repealed.
SB184, s. 11
19Section
11. 71.10 (4) (gg) of the statutes is repealed.
SB184, s. 12
20Section
12. 71.10 (4) (grb) of the statutes is repealed.
SB184, s. 13
21Section
13. 71.10 (4) (grd) of the statutes is repealed.
SB184, s. 14
22Section
14. 71.10 (4) (gu) of the statutes is repealed.
SB184, s. 15
23Section
15. 71.10 (4) (i) of the statutes is amended to read:
SB184,5,624
71.10
(4) (i) The total of claim of right credit under s. 71.07 (1), farmland
25preservation credit under subch. IX, homestead credit under subch. VIII,
1development zones investment credit under s. 71.07 (2di), development zone capital
2investment credit under s. 71.07 (2dm), development zones credit under s. 71.07
3(2dx), technology zones credit under s. 71.07 (3g), farmland tax relief credit under s.
471.07 (3m), farmers' drought property tax credit under s. 71.07 (2fd), earned income
5tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes
6withheld under subch. X.
SB184, s. 16
7Section
16. 71.28 (1di) (c) of the statutes is amended to read:
SB184,5,118
71.28
(1di) (c) Except as provided in par. (b) 2.,
the for taxable years beginning
9before January 1, 2006, the carry-over provisions of sub. (4) (e) and (f) as they relate
10to the credit under that subsection relate to the credit under this subsection and
11apply as if the development zone continued to exist.
SB184, s. 17
12Section
17. 71.28 (1di) (gm) of the statutes is created to read:
SB184,5,1913
71.28
(1di) (gm) For credits computed based on amounts paid or incurred in
14taxable years beginning after December 31, 2005, if the allowable amount of the
15claim under this subsection exceeds the income taxes otherwise due on the claimant's
16income, the amount of the claim that is not used to offset those taxes shall be certified
17by the department of revenue to the department of administration for payment by
18check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
19(dz).
SB184, s. 18
20Section
18. 71.28 (1dm) (gm) of the statutes is created to read:
SB184,6,221
71.28
(1dm) (gm) For credits computed based on amounts paid or incurred in
22taxable years beginning after December 31, 2005, if the allowable amount of the
23claim under this subsection exceeds the income taxes otherwise due on the claimant's
24income, the amount of the claim that is not used to offset those taxes shall be certified
25by the department of revenue to the department of administration for payment by
1check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
2(dz).
SB184, s. 19
3Section
19. 71.28 (1dm) (h) of the statutes is amended to read:
SB184,6,64
71.28
(1dm) (h)
The For taxable years beginning before January 1, 2006, the 5carry-over provisions of sub. (4) (e) and (f) as they relate to the credit under sub. (4)
6relate to the credit under this subsection.
SB184, s. 20
7Section
20. 71.28 (1dx) (dm) of the statutes is created to read:
SB184,6,148
71.28
(1dx) (dm)
Refunds. For credits computed based on amounts paid or
9incurred in taxable years beginning after December 31, 2005, if the allowable
10amount of the claim under this subsection exceeds the income taxes otherwise due
11on the claimant's income, the amount of the claim that is not used to offset those taxes
12shall be certified by the department of revenue to the department of administration
13for payment by check, share draft, or other draft drawn from the appropriation under
14s. 20.835 (2) (dz).
SB184, s. 21
15Section
21. 71.28 (1dx) (e) of the statutes is amended to read:
SB184,6,2216
71.28
(1dx) (e)
Administration. Subsection (4)
(e) to (g) and (h), as it applies
17to the credit under sub. (4), applies to the credit under this subsection.
For taxable
18years beginning after January 1, 2006, sub. (4) (e) and (f), as it applies to the credit
19under sub. (4), applies to the credit under this subsection. Subsection (1dj) (c), as it
20applies to the credit under sub. (1dj), applies to the credit under this subsection.
21Claimants shall include with their returns a copy of their certification for tax benefits
22and a copy of the department of commerce's verification of their expenses.
SB184, s. 22
23Section
22. 71.28 (3g) (bm) of the statutes is created to read:
SB184,7,524
71.28
(3g) (bm) For credits computed based on amounts paid or incurred in
25taxable years beginning after December 31, 2005, if the allowable amount of the
1claim under this subsection exceeds the income taxes otherwise due on the claimant's
2income, the amount of the claim that is not used to offset those taxes shall be certified
3by the department of revenue to the department of administration for payment by
4check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
5(dz).
SB184, s. 23
6Section
23. 71.28 (3g) (c) of the statutes is amended to read:
SB184,7,107
71.28
(3g) (c) Subsection (4)
(e), (f), (g)
, and (h), as it applies to the credit under
8sub. (4), applies to the credit under par. (a).
For taxable years beginning before
9January 1, 2006, sub. (4) (e) and (f), as it applies to the credit under sub. (4), applies
10to the credit under par. (a).
SB184, s. 24
11Section
24. 71.30 (3) (eg) of the statutes is repealed.
SB184, s. 25
12Section
25. 71.30 (3) (emb) of the statutes is repealed.
SB184, s. 26
13Section
26. 71.30 (3) (eom) of the statutes is repealed.
SB184, s. 27
14Section
27. 71.30 (3) (eon) of the statutes is repealed.
SB184, s. 28
15Section
28. 71.30 (3) (f) of the statutes is amended to read:
SB184,7,2116
71.30
(3) (f) The total of
development zones investment credit under s. 71.28
17(1di), development zone capital investment credit under s. 71.28 (1dm), development
18zones credit under s. 71.28 (1dx), farmers' drought property tax credit under s. 71.28
19(1fd), farmland preservation credit under subch. IX, farmland tax relief credit under
20s. 71.28 (2m)
, technology zones credit under s. 71.28 (3g), and estimated tax
21payments under s. 71.29.
SB184, s. 29
22Section
29. 71.47 (1di) (c) of the statutes is amended to read:
SB184,8,223
71.47
(1di) (c) Except as provided in par. (b) 2.,
the for taxable years beginning
24before January 1, 2006, the carry-over provisions of sub. (4) (e) and (f) as they relate
1to the credit under that subsection relate to the credit under this subsection and
2apply as if the development zone continued to exist.
SB184, s. 30
3Section
30. 71.47 (1di) (gm) of the statutes is created to read:
SB184,8,104
71.47
(1di) (gm) For credits computed based on amounts paid or incurred in
5taxable years beginning after December 31, 2005, if the allowable amount of the
6claim under this subsection exceeds the income taxes otherwise due on the claimant's
7income, the amount of the claim that is not used to offset those taxes shall be certified
8by the department of revenue to the department of administration for payment by
9check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
10(dz).
SB184, s. 31
11Section
31. 71.47 (1dm) (gm) of the statutes is created to read:
SB184,8,1812
71.47
(1dm) (gm) For credits computed based on amounts paid or incurred in
13taxable years beginning after December 31, 2005, if the allowable amount of the
14claim under this subsection exceeds the income taxes otherwise due on the claimant's
15income, the amount of the claim that is not used to offset those taxes shall be certified
16by the department of revenue to the department of administration for payment by
17check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
18(dz).
SB184, s. 32
19Section
32. 71.47 (1dm) (h) of the statutes is amended to read:
SB184,8,2220
71.47
(1dm) (h)
The For taxable years beginning before January 1, 2006, the 21carry-over provisions of s. 71.28 (4) (e) and (f) as they relate to the credit under s.
2271.28 (4) relate to the credit under this subsection.
SB184, s. 33
23Section
33. 71.47 (1dx) (dm) of the statutes is created to read:
SB184,9,524
71.47
(1dx) (dm)
Refunds. For credits computed based on amounts paid or
25incurred in taxable years beginning after December 31, 2005, if the allowable
1amount of the claim under this subsection exceeds the income taxes otherwise due
2on the claimant's income, the amount of the claim that is not used to offset those taxes
3shall be certified by the department of revenue to the department of administration
4for payment by check, share draft, or other draft drawn from the appropriation under
5s. 20.835 (2) (dz).
SB184, s. 34
6Section
34. 71.47 (1dx) (e) of the statutes is amended to read:
SB184,9,147
71.47
(1dx) (e)
Administration. Section 71.28 (4)
(e) to (g) and (h), as it applies
8to the credit under s. 71.28 (4), applies to the credit under this subsection.
For
9taxable years beginning before January 1, 2006, s. 71.28 (4) (e) and (f), as it applies
10to the credit under s. 71.28 (4), applies to the credit under this subsection. Subsection
11(1dj) (c), as it applies to the credit under sub. (1dj), applies to the credit under this
12subsection. Claimants shall include with their returns a copy of their certification for
13tax benefits and a copy of the department of commerce's verification of their
14expenses.
SB184, s. 35
15Section
35. 71.47 (3g) (bm) of the statutes is created to read:
SB184,9,2216
71.47
(3g) (bm) For credits computed based on amounts paid or incurred in
17taxable years beginning after December 31, 2005, if the allowable amount of the
18claim under this subsection exceeds the income taxes otherwise due on the claimant's
19income, the amount of the claim that is not used to offset those taxes shall be certified
20by the department of revenue to the department of administration for payment by
21check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
22(dz).
SB184, s. 36
23Section
36. 71.47 (3g) (c) of the statutes is amended to read:
SB184,9,2524
71.47
(3g) (c) Section 71.28 (4)
(e), (f), (g)
, and (h), as it applies to the credit
25under s. 71.28 (4), applies to the credit under par. (a).
For taxable years beginning
1before January 1, 2006, s. 71.28 (4) (e) and (f), as it applies to the credit under s. 71.28
2(4), applies to the credit under par. (a).
SB184, s. 37
3Section
37. 71.49 (1) (eg) of the statutes is repealed.
SB184, s. 38
4Section
38. 71.49 (1) (emb) of the statutes is repealed.
SB184, s. 39
5Section
39. 71.49 (1) (eom) of the statutes is repealed.
SB184, s. 40
6Section
40. 71.49 (1) (eon) of the statutes is repealed.
SB184, s. 41
7Section
41. 71.49 (1) (f) of the statutes is amended to read:
SB184,10,138
71.49
(1) (f) The total of
development zones investment credit under s. 71.47
9(1di), development zone capital investment credit under s. 71.47 (1dm), development
10zones credit under s. 71.47 (1dx), farmers' drought property tax credit under s. 71.47
11(1fd), farmland preservation credit under subch. IX, farmland tax relief credit under
12s. 71.47 (2m)
, technology zones credit under s. 71.47 (3g), and estimated tax
13payments under s. 71.48.
SB184,10,1515
(1) This act first applies to taxable years beginning on January 1, 2006.