AB190: Bill Text

2007 Assembly BILL 190

March 19, 2007 - Introduced by Representatives Vos, Zipperer, Roth, Gundrum, Kleefisch, Gunderson, Pridemore, Vukmir, Kerkman, Lothian, Hines, Nass, Owens, Van Roy, LeMahieu, Townsend, F. Lasee, Albers and Petrowski, cosponsored by Senators Kanavas, Leibham, S. Fitzgerald, Grothman, Kedzie, Roessler and Lazich. Referred to Committee on Ways and Means.

AB190,1,5 An Act to renumber and amend 71.06 (2e); to amend 71.06 (1p) (intro.), 71.06 (2) (g) (intro.), 71.06 (2) (h) (intro.), 71.06 (2m), 71.06 (2s) (d), 71.125, 71.17 (6), 71.64 (9) (b) (intro.), 71.67 (5) (a) and 71.67 (5m); and to create 71.05 (2) (j), 71.06 (1q), 71.06 (2) (i), 71.06 (2e) (b), 71.06 (2e) (c) and 71.06 (2s) (e) of the statutes; relating to: changing the individual income tax rates of taxation.

Analysis by the Legislative Reference Bureau

Under current law, there are four income tax brackets for single individuals, certain fiduciaries, heads of households, and married persons. The brackets are indexed for inflation. The rate of taxation under current law for the lowest bracket for single individuals, certain fiduciaries, heads of households, and married persons is 4.6 percent of taxable income; the rate for the second bracket is 6.15 percent; the rate for the third bracket is 6.5 percent; and the rate for the highest bracket is 6.75 percent.

For taxable years beginning after December 31, 2006, this bill reduces all of the income tax rates that apply to single individuals, certain fiduciaries, heads of households, and married persons. Under the bill, for taxable years beginning after December 31, 2006, the rate of taxation for the lowest bracket for single individuals, certain fiduciaries, heads of households, and married persons is 4.554 percent of taxable income; the rate for the second bracket is 6.089 percent; the rate for the third bracket is 6.435 percent; and the rate for the highest bracket is 6.683 percent.

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:

AB190, s. 1 Section 1. 71.05 (2) (j) of the statutes is created to read:

AB190,2,3 71.05 (2) (j) For married persons filing separately, for taxable years beginning after December 31, 2006:

AB190,2,4 1. On all taxable income from $0 to $5,000, 4.554 percent.

AB190,2,6 2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.089 percent.

AB190,2,8 3. On all taxable income exceeding $10,000 but not exceeding $75,000, 6.435 percent.

AB190,2,9 4. On all taxable income exceeding $75,000, 6.683 percent.

AB190, s. 2 Section 2. 71.06 (1p) (intro.) of the statutes is amended to read:

AB190,2,16 71.06 (1p) Fiduciaries, single individuals , and heads of households; after 2000 2001 to 2006. (intro.) The tax to be assessed, levied, and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2000, and before January 1, 2007:

AB190, s. 3 Section 3. 71.06 (1q) of the statutes is created to read:

AB190,3,2 71.06 (1q) Fiduciaries, single individuals, and heads of households; after 2006. The tax to be assessed, levied, and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2006:

AB190,3,3 (a) On all taxable income from $0 to $7,500, 4.554 percent.

AB190,3,5 (b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.089 percent.

AB190,3,7 (c) On all taxable income exceeding $15,000 but not exceeding $112,500, 6.435 percent.

AB190,3,8 (d) On all taxable income exceeding $112,500, 6.683 percent.

AB190, s. 4 Section 4. 71.06 (2) (g) (intro.) of the statutes is amended to read:

AB190,3,11 71.06 (2) (g) (intro.) For joint returns, for taxable years beginning after December 31, 2000, and before January 1, 2007:

AB190, s. 5 Section 5. 71.06 (2) (h) (intro.) of the statutes is amended to read:

AB190,3,14 71.06 (2) (h) (intro.) For married persons filing separately, for taxable years beginning after December 31, 2000, and before January 1, 2007:

AB190, s. 6 Section 6. 71.06 (2) (i) of the statutes is created to read:

AB190,3,17 71.06 (2) (i) For joint returns, for taxable years beginning after December 31, 2006, and before January 1, 2008:

AB190,3,18 1. On all taxable income from $0 to $10,000, 4.554 percent.

AB190,3,20 2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.089 percent.

AB190,3,22 3. On all taxable income exceeding $20,000 but not exceeding $150,000, 6.435 percent.

AB190,3,23 4. On all taxable income exceeding $150,000, 6.683 percent.

AB190, s. 7 Section 7. 71.06 (2e) of the statutes is renumbered 71.06 (2e) (a) and amended to read:

AB190,4,23 71.06 (2e) (a) Bracket indexing. For taxable years beginning after December 31, 1998, and before January 1, 2000, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1m) and (2) (c) and (d), and for taxable years beginning after December 31, 1999, and before January 1, 2007, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1n), (1p), and (2) (e), (f), (g), and (h), shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2000, and before January 1, 2002, the dollar amount in the top bracket under subs. (1p) (c) and (d), (2) (g) 3. and 4. and (h) 3. and 4. shall be increased by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1999, as determined by the federal department of labor. Each amount that is revised under this subsection shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this subsection and incorporate the changes into the income tax forms and instructions.

AB190, s. 8 Section 8. 71.06 (2e) (b) of the statutes is created to read:

AB190,5,8 71.06 (2e) (b) For taxable years beginning after December 31, 2006, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under subs. (1q) and (2) (i) and (j), shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor.

AB190, s. 9 Section 9. 71.06 (2e) (c) of the statutes is created to read:

AB190,5,15 71.06 (2e) (c) Each amount that is revised under this subsection shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this subsection and incorporate the changes into the income tax forms and instructions.

AB190, s. 10 Section 10. 71.06 (2m) of the statutes is amended to read:

AB190,5,20 71.06 (2m) Rate changes. If a rate under sub. (1), (1m), (1n), (1p) or, (1q), (1r), or (2) changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section 15 of the internal revenue code.

AB190, s. 11 Section 11. 71.06 (2s) (d) of the statutes is amended to read:

AB190,6,9 71.06 (2s) (d) For taxable years beginning after December 31, 2000, and before January 1, 2007, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1p) and (2) (g) and (h) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1p) and (2) (g) and (h) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.

AB190, s. 12 Section 12. 71.06 (2s) (e) of the statutes is created to read:

AB190,6,23 71.06 (2s) (e) For taxable years beginning after December 31, 2006, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1q) and (2) (i) and (j) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1q) and (2) (i) and (j) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.

AB190, s. 13 Section 13. 71.125 of the statutes is amended to read:

AB190,7,5 71.125 Imposition of tax. (1) Except as provided in sub. (2), the tax imposed by this chapter on individuals and the rates under s. 71.06 (1), (1m), (1n), (1p) and, (1q), and (2) shall apply to the Wisconsin taxable income of estates or trusts, except nuclear decommissioning trust or reserve funds, and that tax shall be paid by the fiduciary.

AB190,7,10 (2) Each electing small business trust, as defined in section 1361 (e) (1) of the Internal Revenue Code, is subject to tax at the highest rate under s. 71.06 (1), (1m), (1n) or, (1p), or (1q), whichever taxable year is applicable, on its income as computed under section 641 of the Internal Revenue Code, as modified by s. 71.05 (6) to (12), (19) and (20).

AB190, s. 14 Section 14. 71.17 (6) of the statutes is amended to read:

AB190,7,15 71.17 (6) Funeral trusts. If a qualified funeral trust makes the election under section 685 of the Internal Revenue Code for federal income tax purposes, that election applies for purposes of this chapter and each trust shall compute its own tax and shall apply the rates under s. 71.06 (1), (1m), (1n) or , (1p), or (1q).

AB190, s. 15 Section 15. 71.64 (9) (b) (intro.) of the statutes is amended to read:

AB190,7,20 71.64 (9) (b) (intro.) The department shall from time to time adjust the withholding tables to reflect any changes in income tax rates, any applicable surtax, or any changes in dollar amounts in s. 71.06 (1), (1m), (1n), (1p) , (1q), and (2) resulting from statutory changes, except as follows:

AB190, s. 16 Section 16. 71.67 (5) (a) of the statutes is amended to read:

AB190,8,2 71.67 (5) (a) Wager winnings. A person holding a license to sponsor and manage races under s. 562.05 (1) (b) or (c) shall withhold from the amount of any payment of pari-mutuel winnings under s. 562.065 (3) (a) or (3m) (a) an amount determined by multiplying the amount of the payment by the highest rate applicable to individuals under s. 71.06 (1) (a) to (c), (1m), (1n) or, (1p), or (1q) if the amount of the payment is more than $1,000.

AB190, s. 17 Section 17. 71.67 (5m) of the statutes is amended to read:

AB190,8,10 71.67 (5m) Withholding from payments to purchase assignment of lottery prize. A person that purchases an assignment of a lottery prize shall withhold from the amount of any payment made to purchase the assignment the amount that is determined by multiplying the amount of the payment by the highest rate applicable to individuals under s. 71.06 (1) (a) to (c), (1m), (1n) or , (1p), or (1q). Subsection (5) (b), (c), and (d), as it applies to the amounts withheld under sub. (5) (a), applies to the amount withheld under this subsection.

AB190,8,11 (End)