SB40: Bill Text

SB40,900,14 a. Building construction, including storage and warehouse facilities.

SB40,900,15 b. Building additions.

SB40,900,16 c. Upgrades to utilities, including water, electric, heat, and waste facilities.

SB40,900,17 d. Milk intake and storage equipment.

SB40,900,20 e. Processing and manufacturing equipment, including pipes, motors, pumps, valves, pasteurizers, homogenizers, vats, evaporators, dryers, concentrators, and churns.

SB40,900,22 f. Packaging and handling equipment, including sealing, bagging, boxing, labeling, conveying, and product movement equipment.

SB40,900,23 g. Warehouse equipment, including storage racks.

SB40,901,3 h. Waste treatment and waste management equipment, including tanks, blowers, separators, dryers, digesters, and equipment that uses waste to produce energy, fuel, or industrial products.

SB40,901,6 i. Computer software and hardware used for managing the claimant's dairy manufacturing operation, including software and hardware related to logistics, inventory management, and production plant controls.

SB40,901,8 4. "Used exclusively" means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

SB40,901,14 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2006, and before January 1, 2015, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for dairy manufacturing modernization or expansion related to the claimant's dairy manufacturing operation.

SB40,901,17 (c) Limitations. 1. No credit may be allowed under this subsection for any amount that the claimant paid for expenses described under par. (b) that the claimant also claimed as a deduction under section 162 of the Internal Revenue Code.

SB40,901,19 2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000.

SB40,902,3 3. 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 expenses under par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed $200,000. 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 interest.

SB40,902,7 4. If 2 or more persons own and operate the dairy manufacturing operation, each person may claim a credit under par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the farm shall not exceed $200,000.

SB40,902,9 (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.

SB40, s. 1967 Section 1967. 71.07 (3w) (a) 5m. of the statutes is created to read:

SB40,902,12 71.07 (3w) (a) 5m. "Wages" means wages under section 3306 (b) of the Internal Revenue Code, determined without regard to any dollar limitations.

SB40, s. 1968 Section 1968. 71.07 (3w) (a) 6. of the statutes is amended to read:

SB40,902,18 71.07 (3w) (a) 6. "Zone payroll" means the amount of state payroll that is attributable to compensation wages paid to individuals full-time employees for services that are performed in a an enterprise zone. "Zone payroll" does not include the amount of compensation wages paid to any individuals full-time employees that exceeds $100,000.

SB40, s. 1969 Section 1969. 71.07 (3w) (b) 1. a. of the statutes is amended to read:

SB40,902,25 71.07 (3w) (b) 1. a. The claimant's zone payroll in the taxable year, minus the claimant's zone payroll number of full-time employees whose annual wages are greater than $30,000 and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $30,000 and who the claimant employed in the area that comprises the enterprise zone in the base year.

SB40, s. 1970 Section 1970. 71.07 (3w) (b) 1. b. of the statutes is amended to read:

SB40,903,6 71.07 (3w) (b) 1. b. The claimant's state payroll in the taxable year, minus the claimant's state payroll number of full-time employees whose annual wages are greater than $30,000 and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $30,000 and who the claimant employed in the state in the base year.

SB40, s. 1971 Section 1971. 71.07 (3w) (b) 2. of the statutes is amended to read:

SB40,903,13 71.07 (3w) (b) 2. Subtract the number of Determine the claimant's average zone payroll by dividing total wages for full-time employees that whose annual wages are greater than $30,000 and who the claimant employed in the area that comprises the enterprise zone in the base taxable year from by the number of full-time employees that whose annual wages are greater than $30,000 and who the claimant employed in the enterprise zone in the taxable year.

SB40, s. 1972 Section 1972. 71.07 (3w) (b) 3. of the statutes is amended to read:

SB40,903,16 71.07 (3w) (b) 3. Multiply Subtract $30,000 from the amount determined under subd. 2., but not an amount less than zero, by $30,000.

SB40, s. 1973 Section 1973. 71.07 (3w) (b) 4. of the statutes is amended to read:

SB40,903,19 71.07 (3w) (b) 4. Subtract Multiply the amount determined under subd. 3. from by the amount determined under subd. 1.

SB40, s. 1974 Section 1974. 71.07 (3w) (bm) (intro.) and 4. of the statutes are consolidated, renumbered 71.07 (3w) (bm) and amended to read:

SB40,904,6 71.07 (3w) (bm) Filing supplemental claims. In addition to the credit under par. (b) and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to all of the following: 4. The the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to train provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in a an enterprise zone.

SB40, s. 1975 Section 1975. 71.07 (3w) (bm) 3. of the statutes is repealed.

SB40, s. 1976 Section 1976. 71.07 (3w) (d) of the statutes is amended to read:

SB40,904,12 71.07 (3w) (d) Administration. Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection. Claimants shall include with their returns a copy of their certification for tax benefits, and a copy of the verification of their expenses, from the department of commerce.

SB40, s. 1977 Section 1977. 71.07 (5b) (c) 1. of the statutes is amended to read:

SB40,904,16 71.07 (5b) (c) 1. The Except as provided in s. 73.03 (63), the maximum amount of the credits that may be claimed under this subsection and ss. 71.28 (5b) and 71.47 (5b) for all taxable years combined is $35,000,000 $52,500,000.

SB40, s. 1978 Section 1978. 71.07 (5b) (d) of the statutes is renumbered 71.07 (5b) (d) 1.

SB40, s. 1979 Section 1979. 71.07 (5b) (d) 2. of the statutes is created to read:

SB40,904,24 71.07 (5b) (d) 2. The Wisconsin adjusted basis of any investment for which a credit is claimed under par. (b) shall be reduced by the amount of the credit that is offset against Wisconsin income taxes. The Wisconsin basis of a partner's interest in a partnership, a member's interest in a limited liability company, or stock in a tax-option corporation shall be adjusted to reflect adjustments made under this subdivision.

SB40, s. 1980 Section 1980. 71.07 (5d) (c) 1. of the statutes is amended to read:

SB40,905,3 71.07 (5d) (c) 1. The Except as provided in s. 73.03 (63), the maximum amount of the credits that may be claimed under this subsection for all taxable years combined is $30,000,000 $47,500,000.

SB40, s. 1981 Section 1981. 71.07 (5d) (c) 2. of the statutes is amended to read:

SB40,905,7 71.07 (5d) (c) 2. The maximum amount of a claimant's investment that may be used as the basis for a credit under this subsection is $500,000 $2,000,000 for each investment made directly in a business certified under s. 560.205 (1).

SB40, s. 1982 Section 1982. 71.07 (5d) (d) 4. of the statutes is created to read:

SB40,905,11 71.07 (5d) (d) 4. The Wisconsin adjusted basis of any investment for which a credit is claimed under par. (b) shall be reduced by the amount of the credit that is offset against Wisconsin income taxes.

SB40, s. 1983 Section 1983. 71.07 (5e) (b) of the statutes is amended to read:

SB40,905,19 71.07 (5e) (b) Filing claims. Subject to the limitations provided in this subsection and subject to 2005 Wisconsin Act 479, section 17, beginning in the first taxable year following the taxable year in which the claimant claims an exemption a deduction under s. 77.54 (48) 77.585 (9), a claimant may claim as a credit against the taxes imposed under ss. 71.02 and 71.08, up to the amount of those taxes, in each taxable year for 2 years, the amount certified by the department of commerce that the claimant claimed as an exemption a deduction under s. 77.54 (48) 77.585 (9).

SB40, s. 1984 Section 1984. 71.07 (5e) (c) 1. of the statutes is amended to read:

SB40,905,22 71.07 (5e) (c) 1. No credit may be allowed under this subsection unless the claimant satisfies the requirements under s. 77.54 (48) 77.585 (9).

SB40, s. 1985 Section 1985. 71.07 (5e) (c) 3. of the statutes is amended to read:

SB40,906,2 71.07 (5e) (c) 3. The total amount of the credits and exemptions deductions that may be claimed by all claimants under this subsection and ss. 71.28 (5e), 71.47 (5e), and 77.54 (48) 77.585 (9) is $7,500,000, as determined by the department of commerce.

SB40, s. 1986 Section 1986. 71.07 (5h) (a) 4. of the statutes is amended to read:

SB40,906,11 71.07 (5h) (a) 4. "Previously owned property" means real property that the claimant or a related person owned during the 2 years prior to doing business in this state as a film production company and for which the claimant may not deduct a loss from the sale of the property to, or an exchange of the property with, the related person under section 267 of the Internal Revenue Code, except that section 267 of the Internal Revenue Code is modified so that if the claimant owns any part of the property, rather than 50 percent ownership, the claimant is subject to section 267 of the Internal Revenue Code for purposes of this subsection.

SB40, s. 1987 Section 1987. 71.07 (5h) (c) 2. of the statutes is amended to read:

SB40,906,17 71.07 (5h) (c) 2. A claimant may claim the credit under par. (b) 2. for an amount expended to construct, rehabilitate, remodel, or repair real property, if the claimant began the physical work of construction, rehabilitation, remodeling, or repair, or any demolition or destruction in preparation for the physical work, after December 31, 2007, or if and the completed project is placed in service after December 31, 2007.

SB40, s. 1988 Section 1988. 71.07 (5h) (c) 3. of the statutes is amended to read:

SB40,906,22 71.07 (5h) (c) 3. A claimant may claim the credit under par. (b) 2. for an amount expended to acquire real property, if the property is not previously owned property and if the claimant acquires the property after December 31, 2007, or if and the completed project is placed in service after December 31, 2007.

SB40, s. 1989 Section 1989. 71.07 (5i) of the statutes is created to read:

SB40,906,25 71.07 (5i) Electronic medical records credit. (a) Definitions. In this subsection, "claimant" means a person who files a claim under this subsection.

SB40,907,7 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the taxes imposed under s. 71.02 or 71.08, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in s. 146.81 (1).

SB40,907,10 (c) Limitations. 1. The maximum amount of the credits that may be claimed under this subsection and ss. 71.28 (5i) and 71.47 (5i) in a taxable year is $10,000,000, as allocated under s. 560.204.

SB40,907,18 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.

SB40,907,20 (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.

SB40, s. 1990 Section 1990. 71.07 (5j) of the statutes is created to read:

SB40,907,23 71.07 (5j) Ethanol and biodiesel fuel pump credit. (a) Definitions. In this subsection:

SB40,907,24 1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).

SB40,907,25 2. "Claimant" means a person who files a claim under this subsection.

SB40,908,1 3. "Motor vehicle fuel" has the meaning given in s. 78.005 (13).

SB40,908,8 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel.

SB40,908,12 (c) Limitations. 1. The maximum amount of the credit that a claimant may claim under this subsection in a taxable year is an amount that is equal to $5,000 per installed or retrofitted pump that is used as the basis for the credit claimed under par. (b).

SB40,908,20 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.

SB40,908,22 (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.

SB40, s. 1991 Section 1991. 71.08 (1) (intro.) of the statutes is amended to read:

SB40,909,8 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3c), (3e), (3m), (3n), (3s), (3t), (3w), (5b), (5d), (5e), (5f), (5f), (5i), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

SB40, s. 1992 Section 1992. 71.10 (4) (ep) of the statutes is created to read:

SB40,909,11 71.10 (4) (ep) Dairy manufacturing facility investment credit under s. 71.07 (3p).

SB40, s. 1993 Section 1993. 71.10 (4) (gc) of the statutes is created to read:

SB40,909,13 71.10 (4) (gc) Ethanol and biodiesel fuel pump credit under s. 71.07 (5j).

SB40, s. 1994 Section 1994. 71.10 (4) (gxx) of the statutes is created to read:

SB40,909,15 71.10 (4) (gxx) Electronic medical records credit under s. 71.07 (5i).

SB40, s. 1995 Section 1995. 71.10 (5) (g) of the statutes is amended to read:

SB40,909,21 71.10 (5) (g) Tax return. The secretary of revenue shall provide a place for the designations under this subsection on the individual income tax return and, on forms printed by the department of revenue, the secretary shall highlight that place on the return by a symbol chosen by the department of revenue that relates to endangered resources.

SB40, s. 1996 Section 1996. 71.10 (5e) (g) of the statutes is amended to read:

SB40,910,2 71.10 (5e) (g) Tax return. The secretary of revenue shall provide a place for the designations under this subsection on the individual income tax return, and, on forms printed by the department of revenue, the secretary shall highlight that place on the return by a symbol chosen by the department that relates to a football stadium, as defined in s. 229.821 (6).

SB40, s. 1997 Section 1997. 71.21 (4) of the statutes is amended to read:

SB40,910,7 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3p), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h), (5i), and (5j) and passed through to partners shall be added to the partnership's income.

SB40, s. 1998 Section 1998. 71.22 (4) (L) of the statutes is repealed.