AB40,781,179 71.07 (5b) (b) 2. In the case of a partnership, limited liability company, or
10tax-option corporation, the computation of the 25 percent limitation under subd. 1.
11shall be determined at the entity level rather than the claimant level and may be
12allocated among the claimants who make investments in the manner set forth in the
13entity's organizational documents. The entity shall provide to the department of
14revenue and to the department of commerce or the Wisconsin Economic
15Development Corporation
the names and tax identification numbers of the
16claimants, the amounts of the credits allocated to the claimants, and the
17computation of the allocations.
AB40, s. 1864 18Section 1864. 71.07 (5b) (d) 3. of the statutes is amended to read:
AB40,781,2319 71.07 (5b) (d) 3. For calendar years beginning investments made after
20December 31, 2007, if an investment for which a claimant claims a credit under par.
21(b) is held by the claimant for less than 3 years, the claimant shall pay to the
22department, in the manner prescribed by the department, the amount of the credit
23that the claimant received related to the investment.
AB40, s. 1865 24Section 1865. 71.07 (5d) (a) 1. (intro.) of the statutes is amended to read:
AB40,782,3
171.07 (5d) (a) 1. (intro.) "Bona fide angel investment" means a purchase of an
2equity interest, or any other expenditure, as determined by rule under s. 238.15 or
3s.
560.205, 2009 stats., that is made by any of the following:
AB40, s. 1866 4Section 1866. 71.07 (5d) (a) 2m. of the statutes is amended to read:
AB40,782,85 71.07 (5d) (a) 2m. "Person" means a partnership or, limited liability company,
6or tax-option corporation
that is a nonoperating entity, as determined by the
7department of commerce or the Wisconsin Economic Development Corporation, a
8natural person, or fiduciary.
AB40, s. 1867 9Section 1867. 71.07 (5d) (a) 3. of the statutes is amended to read:
AB40,782,1110 71.07 (5d) (a) 3. "Qualified new business venture" means a business that is
11certified under s. 238.15 (1) or s. 560.205 (1), 2009 stats.
AB40, s. 1868 12Section 1868. 71.07 (5d) (b) (intro.) of the statutes is amended to read:
AB40,782,1613 71.07 (5d) (b) Filing claims. (intro.) Subject to the limitations provided in this
14subsection and in s. 238.15 or s. 560.205, 2009 stats., a claimant may claim as a credit
15against the tax imposed under s. 71.02 or 71.08, up to the amount of those taxes, the
16following:
AB40, s. 1869 17Section 1869. 71.07 (5d) (b) 1. of the statutes is amended to read:
AB40,782,2218 71.07 (5d) (b) 1. For taxable years beginning before January 1, 2008, in each
19taxable year for 2 consecutive years, beginning with the taxable year as certified by
20the department of commerce or the Wisconsin Economic Development Corporation,
21an amount equal to 12.5 percent of the claimant's bona fide angel investment made
22directly in a qualified new business venture.
AB40, s. 1870 23Section 1870. 71.07 (5d) (b) 2. of the statutes is amended to read:
AB40,783,224 71.07 (5d) (b) 2. For taxable years beginning after December 31, 2007, for the
25taxable year certified by the department of commerce or the Wisconsin Economic

1Development Corporation
, an amount equal to 25 percent of the claimant's bona fide
2angel investment made directly in a qualified new business venture.
AB40, s. 1871 3Section 1871. 71.07 (5d) (c) 2. of the statutes is amended to read:
AB40,783,74 71.07 (5d) (c) 2. For taxable years beginning before January 1, 2008, the
5maximum amount of a claimant's investment that may be used as the basis for a
6credit under this subsection is $2,000,000 for each investment made directly in a
7business certified under s. 238.15 (1) or s. 560.205 (1), 2009 stats.
AB40, s. 1872 8Section 1872. 71.07 (5d) (c) 3m. of the statutes is amended to read:
AB40,783,179 71.07 (5d) (c) 3m. Partnerships and, limited liability companies, and
10tax-option corporations
may not claim the credit under this subsection, but the
11eligibility for, and the amount of, the credit are based on their payment of amounts
12under par. (b). A partnership or, limited liability company, or tax-option corporation
13shall compute the amount of credit that each of its partners or, members, or
14shareholders
may claim and shall provide that information to each of them. Partners
15and, members of limited liability companies, and shareholders of tax-option
16corporations
may claim the credit in proportion to their ownership interest or as
17specially allocated in their organizational documents.
AB40, s. 1873 18Section 1873. 71.07 (5d) (d) 1. of the statutes is amended to read:
AB40,783,2319 71.07 (5d) (d) 1. For calendar years beginning investments made after
20December 31, 2007, if an investment for which a claimant claims a credit under par.
21(b) is held by the claimant for less than 3 years, the claimant shall pay to the
22department, in the manner prescribed by the department, the amount of the credit
23that the claimant received related to the investment.
AB40, s. 1874 24Section 1874. 71.07 (5f) (a) 1. (intro.) of the statutes is amended to read:
AB40,784,11
171.07 (5f) (a) 1. (intro.) "Accredited production" means a film, video, broadcast
2advertisement, or television production, as approved by the department of commerce
3or the department of tourism, for which the aggregate salary and wages included in
4the cost of the production for the period ending 12 months after the month in which
5the principal filming or taping of the production begins exceeds $50,000. "Accredited
6production" also means an electronic game, as approved by the department of
7commerce or the department of tourism, for which the aggregate salary and wages
8included in the cost of the production for the period ending 36 months after the month
9in which the principal programming, filming, or taping of the production begins
10exceeds $100,000. "Accredited production" does not include any of the following,
11regardless of the production costs:
AB40, s. 1875 12Section 1875. 71.07 (5f) (a) 3. of the statutes is amended to read:
AB40,784,2113 71.07 (5f) (a) 3. "Production expenditures" means any expenditures that are
14incurred in this state and directly used to produce an accredited production,
15including expenditures for set construction and operation, wardrobes, make-up,
16clothing accessories, photography, sound recording, sound synchronization, sound
17mixing, lighting, editing, film processing, film transferring, special effects, visual
18effects, renting or leasing facilities or equipment, renting or leasing motor vehicles,
19food, lodging, and any other similar expenditure as determined by the department
20of commerce or the department of tourism. "Production expenditures" do not include
21salary, wages, or labor-related contract payments.
AB40, s. 1876 22Section 1876. 71.07 (5f) (c) 6. of the statutes is amended to read:
AB40,785,523 71.07 (5f) (c) 6. No credit may be allowed under this subsection unless the
24claimant files an application with the department of commerce or the department of
25tourism
, at the time and in the manner prescribed by the department of commerce

1or the department of tourism, and the department of commerce or the department
2of tourism
approves the application. The claimant shall submit a fee with the
3application in an amount equal to 2 percent of the claimant's budgeted production
4expenditures or to $5,000, whichever is less. The claimant shall submit a copy of the
5approved application with the claimant's return.
AB40, s. 1877 6Section 1877. 71.07 (5h) (c) 4. of the statutes is amended to read:
AB40,785,117 71.07 (5h) (c) 4. No claim may be allowed under this subsection unless the
8department of commerce or the department of tourism certifies, in writing, that the
9credits claimed under this subsection are for expenses related to establishing or
10operating a film production company in this state and the claimant submits a copy
11of the certification with the claimant's return.
AB40, s. 1878 12Section 1878. 71.07 (5i) (c) 1. of the statutes is amended to read:
AB40,785,1513 71.07 (5i) (c) 1. The maximum amount of the credits that may be claimed under
14this subsection and ss. 71.28 (5i) and 71.47 (5i) in a taxable year is $10,000,000, as
15allocated under s. 238.14 or s. 560.204, 2009 stats.
AB40, s. 1879 16Section 1879. 71.07 (5j) (a) 2d. of the statutes is amended to read:
AB40,785,2117 71.07 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
18any other fuel derived from a renewable resource that meets all of the applicable
19requirements of the American Society for Testing and Materials for that fuel and that
20the department of commerce or the department of safety and professional services
21designates by rule as a diesel replacement renewable fuel.
AB40, s. 1880 22Section 1880. 71.07 (5j) (a) 2m. of the statutes is amended to read:
AB40,786,223 71.07 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
24any other fuel derived from a renewable resource that meets all of the applicable
25requirements of the American Society for Testing and Materials for that fuel and that

1the department of commerce or the department of safety and professional services
2designates by rule as a gasoline replacement renewable fuel.
AB40, s. 1881 3Section 1881. 71.07 (5j) (c) 3. of the statutes is amended to read:
AB40,786,94 71.07 (5j) (c) 3. The department of commerce or the department of safety and
5professional services
shall establish standards to adequately prevent, in the
6distribution of conventional fuel to an end user, the inadvertent distribution of fuel
7containing a higher percentage of renewable fuel than the maximum percentage
8established by the federal environmental protection agency for use in
9conventionally-fueled engines.
AB40, s. 1882 10Section 1882. 71.07 (5r) (a) 6. a. of the statutes is amended to read:
AB40,786,1411 71.07 (5r) (a) 6. a. A University of Wisconsin System institution, the University
12of Wisconsin-Madison,
a technical college system institution, or a regionally
13accredited 4-year nonprofit college or university having its regional headquarters
14and principal place of business in this state.
AB40, s. 1883 15Section 1883. 71.07 (9e) (af) (intro.) of the statutes is amended to read:
AB40,786,2016 71.07 (9e) (af) (intro.) For taxable years beginning after December 31, 1995,
17and before January 1, 2011, any natural person may credit against the tax imposed
18under s. 71.02 an amount equal to one of the following percentages of the federal
19basic earned income credit for which the person is eligible for the taxable year under
20section 32 (b) (1) (A) to (C) of the internal revenue code Internal Revenue Code:
AB40, s. 1884 21Section 1884. 71.07 (9e) (aj) of the statutes is created to read:
AB40,787,222 71.07 (9e) (aj) For taxable years beginning after December 31, 2010, an
23individual may credit against the tax imposed under s. 71.02 an amount equal to one
24of the following percentages of the federal basic earned income credit for which the

1person is eligible for the taxable year under section 32 (b) (1) (A) to (C) of the Internal
2Revenue Code:
AB40,787,43 1. If the person has one qualifying child who has the same principal place of
4abode as the person, 5 percent.
AB40,787,65 2. If the person has 2 qualifying children who have the same principal place of
6abode as the person, 8 percent.
AB40,787,87 3. If the person has 3 or more qualifying children who have the same principal
8place of abode as the person, 40 percent.
AB40, s. 1885 9Section 1885. 71.10 (3) (title) of the statutes is amended to read:
AB40,787,1010 71.10 (3) (title) Campaign fund funds, before 2012.
AB40, s. 1886 11Section 1886. 71.10 (3) (c) of the statutes is created to read:
AB40,787,1312 71.10 (3) (c) This subsection does not apply to a taxable year that begins after
13December 31, 2011.
AB40, s. 1887 14Section 1887. 71.10 (3e) of the statutes is created to read:
AB40,787,1615 71.10 (3e) Campaign funds, after 2011. (a) Definition. In this subsection,
16"department" means the department of revenue.
AB40,787,2317 (b) Voluntary payments. 1. `Designation on return.' Every individual filing an
18income tax return who has a tax liability or is entitled to a tax refund may designate
19on the return $3 of additional payment or $3 of a refund due that individual for the
20Wisconsin election campaign fund and the democracy trust fund for the use of eligible
21candidates under ss. 11.50 to 11.522. If the individuals filing a joint return have a
22tax liability or are entitled to a tax refund, each individual may make a designation
23of $3 under this subsection.
AB40,788,2 242. `Designation added to tax owed.' If the individual owes any tax, the
25individual shall remit in full the tax due and the amount designated on the return

1for the Wisconsin election campaign fund and the democracy trust fund when the
2individual files a tax return.
AB40,788,73 3. `Designation deducted from refund.' Except as provided under par. (d), if the
4individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
5(3) and (3m), the department shall deduct the amount designated on the return for
6the Wisconsin election campaign fund and the democracy trust fund from the amount
7of the refund.
AB40,788,118 (c) Errors; failure to remit correct amount. If an individual who owes taxes fails
9to remit an amount equal to or in excess of the total of the actual tax due, after error
10corrections, and the amount designated on the return for the Wisconsin election
11campaign fund and the democracy trust fund:
AB40,788,1712 1. The department shall reduce the designation for the Wisconsin election
13campaign fund and the democracy trust fund to reflect the amount remitted in excess
14of the actual tax due, after error corrections, if the individual remitted an amount
15in excess of the actual tax due, after error corrections, but less than the total of the
16actual tax due, after error corrections, and the amount originally designated on the
17return for the Wisconsin election campaign fund and the democracy trust fund.
AB40,788,2018 2. The designation for the Wisconsin election campaign fund and the
19democracy trust fund is void if the individual remitted an amount equal to or less
20than the actual tax due, after error corrections.
AB40,789,221 (d) Errors; insufficient refund. If an individual who is owed a refund which does
22not equal or exceed the amount designated on the return for the Wisconsin election
23campaign fund and the democracy trust fund, after crediting under ss. 71.75 (9) and
2471.80 (3) and (3m) and after error corrections, the department shall reduce the
25designation for the Wisconsin election campaign fund and the democracy trust fund

1to reflect the actual amount of the refund the individual is otherwise owed, after
2crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections.
AB40,789,53 (e) Conditions. If an individual places any conditions on a designation for the
4Wisconsin election campaign fund or the democracy trust fund, the designation is
5void.
AB40,789,96 (f) Void designation. If a designation for the Wisconsin election campaign fund
7and the democracy trust fund is void, the department shall disregard the designation
8and determine amounts due, owed, refunded, and received without regard to the void
9designation.
AB40,789,1410 (g) Tax return. The secretary of revenue shall provide a place for the
11designations under this subsection on the individual income tax return and, on forms
12printed by the department, the secretary shall highlight that place on the return by
13a symbol chosen by the government accountability board that relates to the
14Wisconsin election campaign fund and the democracy trust fund.
AB40,789,1715 (h) Certification of amounts. Annually, on or before August 15, the secretary
16of revenue shall certify to the government accountability board, the department of
17administration and the state treasurer all of the following:
AB40,789,2018 1. The total amount of the administrative costs, including data processing
19costs, incurred by the department in administering this subsection during the
20previous fiscal year.
AB40,789,2321 2. The total amount received from all designations for the Wisconsin election
22campaign fund and the democracy trust fund made by taxpayers during the previous
23fiscal year.
AB40,790,3
13. The net amount remaining after the administrative costs, including data
2processing costs, under subd. 1. are subtracted from the total received under subd.
32.
AB40,790,54 (i) Confidentiality. The names of persons making designations under this
5subsection shall be strictly confidential.
AB40,790,136 (j) Appropriations. From the moneys received from designations for the
7Wisconsin election campaign fund and the democracy trust fund, an amount equal
8to the sum of administrative expenses, including data processing costs, certified
9under par. (h) 1. shall be deposited in the general fund and credited to the
10appropriation under s. 20.566 (1) (hp), and two-thirds of the net amount remaining
11certified under par. (h) 3. shall be deposited in the democracy trust fund and
12one-third of the net amount remaining certified under par. (h) 3. shall be deposited
13in the Wisconsin election campaign fund.
AB40,790,2014 (k) Amounts subject to refund. Amounts designated for the Wisconsin election
15campaign fund and the democracy trust fund under this subsection are not subject
16to refund to the taxpayer unless the taxpayer submits information to the satisfaction
17of the department, within 18 months after the date taxes are due or the date the
18return is filed, whichever is later, that the amount designated is clearly in error. Any
19refund granted by the department under this paragraph shall be deducted from the
20moneys received under this subsection in the fiscal year that the refund is certified.
AB40,790,2221 (L) Initial applicability. This subsection first applies to taxable years
22beginning after December 31, 2011.
AB40, s. 1888 23Section 1888. 71.10 (5f) (i) of the statutes is amended to read:
AB40,791,824 71.10 (5f) (i) Appropriations and payment. From the moneys received from
25designations for the breast cancer research program, an amount equal to the sum of

1administrative expenses, including data processing costs, certified under par. (h) 1.
2shall be deposited in the general fund and credited to the appropriation account
3under s. 20.566 (1) (hp), and, of the net amount remaining that is certified under par.
4(h) 3., an amount equal to 50 percent shall be credited to the appropriation account
5under s. 20.250 (2) (g) and an amount equal to 50 percent shall be credited to the
6appropriation account under s. 20.285 (1) (gm)
paid to the University of
7Wisconsin-Madison for breast cancer research conducted by the University of
8Wisconsin Carbone Cancer Center
.
AB40, s. 1889 9Section 1889. 71.10 (5h) (i) of the statutes is amended to read:
AB40,791,1810 71.10 (5h) (i) Appropriations, disbursement of funds to the fund and payment .
11From the moneys received from designations for the prostate cancer research
12program, an amount equal to the sum of administrative expenses, including data
13processing costs, certified under par. (h) 1. shall be deposited in the general fund and
14credited to the appropriation account under s. 20.566 (1) (hp), and of the net amount
15remaining that is certified under par. (h) 3. an amount equal to 50 percent shall be
16credited to the appropriation accounts account under ss. s. 20.250 (2) (h) and 20.285
17(1) (gn)
and amount equal to 50 percent shall be paid to the University of
18Wisconsin-Madison
, for the use specified under s. 255.054 (1).
AB40, s. 1890 19Section 1890. 71.22 (4) (um) of the statutes is amended to read:
AB40,794,320 71.22 (4) (um) Except as provided in sub. (4m) and ss. 71.26 (2) (b) and (3), 71.34
21(1g), and 71.42 (2), "Internal Revenue Code," for taxable years that begin after
22December 31, 2008, means the federal Internal Revenue Code as amended to
23December 31, 2008, excluding sections 103, 104, and 110 of P.L. 102-227, sections
2413113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, sections 1123 (b),
251202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, sections 1, 3, 4, and 5 of P.L.

1106-519, sections 162 and 165 of P.L. 106-554, P.L. 106-573, section 431 of P.L.
2107-16, sections 101 and 301 (a) of P.L. 107-147, sections 106, 201, and 202 of P.L.
3108-27, section 1201 of P.L. 108-173, sections 306, 308, 316, 401, and 403 (a) of P.L.
4108-311, sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of P.L.
5108-357, P.L. 109-1, sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328,
61329, 1348, and 1351 of P.L. 109-58, section 11146 of P.L. 109-59, section 301 of P.L.
7109-73, sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e),
8(j), and (q), and 405 of P.L. 109-135, sections 101, 207, 209, 503, and 513 of P.L.
9109-222, section 844 of P.L. 109-280, P.L. 109-432, P.L. 110-28, P.L. 110-140, P.L.
10110-141, P.L. 110-142, P.L. 110-166, P.L. 110-172, P.L. 110-185, P.L. 110-234,
11sections 110, 113, and 301 of P.L. 110-245, P.L. 110-246, except section 15316 of P.L.
12110-246,
P.L. 110-289, P.L. 110-317, P.L. 110-343, except section 301 of division B
13and section 313 of division C of P.L. 110-343,
and P.L. 110-351, and as amended by
14sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5, section 301 of
15P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
and as indirectly
16affected in the provisions applicable to this subchapter by P.L. 99-514, P.L. 100-203,
17P.L. 100-647, excluding sections 803 (d) (2) (B), 805 (d) (2), 812 (c) (2), 821 (b) (2), and
18823 (c) (2) of P.L. 99-514 and section 1008 (g) (5) of P.L. 100-647, P.L. 101-73, P.L.
19101-140, P.L. 101-179, P.L. 101-239, P.L. 101-508, P.L. 102-227, excluding sections
20103, 104, and 110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L. 103-66, excluding
21sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, P.L.
22103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, P.L. 104-188, excluding sections
231123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, P.L. 104-191, P.L.
24104-193, P.L. 105-33, P.L. 105-34, P.L. 105-178, P.L. 105-206, P.L. 105-277, P.L.
25106-36, P.L. 106-170, P.L. 106-230, P.L. 106-554, excluding sections 162 and 165 of

1P.L. 106-554, P.L. 107-15, P.L. 107-16, excluding section 431 of P.L. 107-16, P.L.
2107-22, P.L. 107-116, P.L. 107-134, P.L. 107-147, excluding sections 101 and 301 (a)
3of P.L. 107-147, P.L. 107-181, P.L. 107-210, P.L. 107-276, P.L. 107-358, P.L. 108-27,
4excluding sections 106, 201, and 202 of P.L. 108-27, P.L. 108-121, P.L. 108-173,
5excluding section 1201 of P.L. 108-173, P.L. 108-203, P.L. 108-218, P.L. 108-311,
6excluding sections 306, 308, 316, 401, and 403 (a) of P.L. 108-311, P.L. 108-357,
7excluding sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of
8P.L. 108-357, P.L. 108-375, P.L. 108-476, P.L. 109-7, P.L. 109-58, excluding sections
91305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328, 1329, 1348, and 1351 of P.L.
10109-58, P.L. 109-59, excluding section 11146 of P.L. 109-59, P.L. 109-73, excluding
11section 301 of P.L. 109-73, P.L. 109-135, excluding sections 101, 105, 201 (a) as it
12relates to section 1400S (a), 402 (e), 403 (e), (j), and (q), and 405 of P.L. 109-135, P.L.
13109-151, P.L. 109-222, excluding sections 101, 207, 209, 503, and 513 of P.L.
14109-222, P.L. 109-227, P.L. 109-280, excluding section 844 of P.L. 109-280, P.L.
15110-245, excluding sections 110, 113, and 301 of P.L. 110-245, and section 15316 of
16P.L. 110-246, section 301 of division B and section 313 of division C of P.L. 110-343,

17P.L. 110-458, sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5,
18section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240
. The
19Internal Revenue Code applies for Wisconsin purposes at the same time as for federal
20purposes. Amendments to the federal Internal Revenue Code enacted after
21December 31, 2008, do not apply to this paragraph with respect to taxable years
22beginning after December 31, 2008, except that changes to the Internal Revenue
23Code made by sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5,
24section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240, and
25changes that indirectly affect the provisions applicable to this subchapter made by

1sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5, section 301 of
2P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240, apply for Wisconsin
3purposes at the same time as for federal purposes
.
AB40, s. 1891 4Section 1891. 71.22 (4m) (sm) of the statutes is amended to read:
AB40,796,115 71.22 (4m) (sm) For taxable years that begin after December 31, 2008,
6"Internal Revenue Code," for corporations that are subject to a tax on unrelated
7business income under s. 71.26 (1) (a), means the federal Internal Revenue Code as
8amended to December 31, 2008, excluding sections 103, 104, and 110 of P.L. 102-227,
9sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, sections
101123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, sections 1, 3, 4, and
115 of P.L. 106-519, sections 162 and 165 of P.L. 106-554, P.L. 106-573, section 431 of
12P.L. 107-16, sections 101 and 301 (a) of P.L. 107-147, sections 106, 201, and 202 of
13P.L. 108-27, section 1201 of P.L. 108-173, sections 306, 308, 316, 401, and 403 (a) of
14P.L. 108-311, sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910
15of P.L. 108-357, P.L. 109-1, sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326,
161328, 1329, 1348, and 1351 of P.L. 109-58, section 11146 of P.L. 109-59, section 301
17of P.L. 109-73, sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403
18(e), (j), and (q), and 405 of P.L. 109-135, sections 101, 207, 209, 503, and 513 of P.L.
19109-222, section 844 of P.L. 109-280, P.L. 109-432, P.L. 110-28, P.L. 110-140, P.L.
20110-141, P.L. 110-142, P.L. 110-166, P.L. 110-172, P.L. 110-185, P.L. 110-234,
21sections 110, 113, and 301 of P.L. 110-245, P.L. 110-246, except section 15316 of P.L.
22110-246,
P.L. 110-289, P.L. 110-317, P.L. 110-343, except section 301 of division B
23and section 313 of division C of P.L. 110-343,
and P.L. 110-351, and as amended by
24sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5, section 301 of
25P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
and as indirectly

1affected in the provisions applicable to this subchapter by P.L. 99-514, P.L. 100-203,
2P.L. 100-647, P.L. 101-73, P.L. 101-140, P.L. 101-179, P.L. 101-239, P.L. 101-508,
3P.L. 102-227, excluding sections 103, 104, and 110 of P.L. 102-227, P.L. 102-318, P.L.
4102-486, P.L. 103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, and
513203 (d) of P.L. 103-66, P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, P.L.
6104-188, excluding sections 1123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of P.L.
7104-188, P.L. 104-191, P.L. 104-193, P.L. 105-33, P.L. 105-34, P.L. 105-178, P.L.
8105-206, P.L. 105-277, P.L. 106-36, P.L. 106-170, P.L. 106-230, P.L. 106-554,
9excluding sections 162 and 165 of P.L. 106-554, P.L. 107-15, P.L. 107-16, excluding
10section 431 of P.L. 107-16, P.L. 107-22, P.L. 107-116, P.L. 107-134, P.L. 107-147,
11excluding sections 101 and 301 (a) of P.L. 107-147, P.L. 107-181, P.L. 107-210, P.L.
12107-276, P.L. 107-358, P.L. 108-27, excluding sections 106, 201, and 202 of P.L.
13108-27, P.L. 108-121, P.L. 108-173, excluding section 1201 of P.L. 108-173, P.L.
14108-203, P.L. 108-218, P.L. 108-311, excluding sections 306, 308, 316, 401, and 403
15(a) of P.L. 108-311, P.L. 108-357, excluding sections 101, 102, 201, 211, 242, 244, 336,
16337, 422, 847, 909, and 910 of P.L. 108-357, P.L. 108-375, P.L. 108-476, P.L. 109-7,
17P.L. 109-58, excluding sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328,
181329, 1348, and 1351 of P.L. 109-58, P.L. 109-59, excluding section 11146 of P.L.
19109-59, P.L. 109-73, excluding section 301 of P.L. 109-73, P.L. 109-135, excluding
20sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e), (j), and
21(q), and 405 of P.L. 109-135, P.L. 109-151, P.L. 109-222, excluding sections 101, 207,
22209, 503, and 513 of P.L. 109-222, P.L. 109-227, and P.L. 109-280, excluding section
23844 of P.L. 109-280,
P.L. 110-245, excluding sections 110, 113, and 301 of P.L.
24110-245, and section 15316 of P.L. 110-246, section 301 of division B and section 313
25of division C of P.L. 110-343,
P.L. 110-458, sections 1401, 1402, 1521, 1522, and 1531

1of division B of P.L. 111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and
22113 of P.L. 111-240,
. The Internal Revenue Code applies for Wisconsin purposes at
3the same time as for federal purposes. Amendments to the Internal Revenue Code
4enacted after December 31, 2008, do not apply to this paragraph with respect to
5taxable years beginning after December 31, 2008, except that changes to the
6Internal Revenue Code made by sections 1401, 1402, 1521, 1522, and 1531 of division
7B of P.L. 111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L.
8111-240, and changes that indirectly affect the provisions applicable to this
9subchapter made by sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L.
10111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
11apply for Wisconsin purposes at the same time as for federal purposes
.
AB40, s. 1892 12Section 1892. 71.255 (2m) (d) of the statutes is amended to read:
AB40,796,1613 71.255 (2m) (d) The department shall may not disregard the tax effect of an
14election under this subsection, or disallow the election, with respect to any controlled
15group member or members for any year of the election period, if the department
16determines that the election has the effect of tax avoidance
.
AB40, s. 1893 17Section 1893. 71.255 (6) (a) of the statutes is amended to read:
AB40,797,218 71.255 (6) (a) Except as provided in pars. (b) and, (c), and (d), no tax credit,
19Wisconsin net business loss carry-forward, or other post-apportionment deduction
20earned by one member of the combined group, but not fully used by or allowed to that
21member, may be used in whole or in part by another member of the combined group
22or applied in whole or in part against the total income of the combined group. A
23member of a combined group may use a carry-forward of a credit, Wisconsin net
24business loss carry-forward, or other post-apportionment deduction otherwise

1allowable under s. 71.26 or 71.45, that was incurred by that same member in a
2taxable year beginning before January 1, 2009.
AB40, s. 1894 3Section 1894. 71.255 (6) (d) of the statutes is created to read:
AB40,797,164 71.255 (6) (d) 1. Starting with the first taxable year beginning after December
531, 2011, and for each of the 20 subsequent taxable years, and subject to the
6limitations provided under s. 71.26 (3) (n), for each taxable year that a corporation
7that is a member of a combined group has net business loss carry-forward as
8computed under s. 71.26 (4) or 71.45 (4) from a taxable year beginning prior to
9January 1, 2009, the corporation may, after using such net business loss
10carry-forward to offset its own income for the taxable year, use up to 5 percent of the
11remaining net business loss carry-forward to offset the income of all other members
12of the combined group on a proportionate basis, to the extent such income is
13attributable to the unitary business. If the full 5 percent of such net business loss
14carry-forward cannot be fully used to offset the income of all other members of the
15combined group, the remainder may be added to the portion that may offset the
16income of all other members of the combined group in the subsequent year.
AB40,797,2017 2. Unless otherwise provided by the department by rule, if the corporation may
18no longer be included in the combined group, as determined under this section, the
19corporation's net business loss carry-forward shall be available only to that
20corporation.
AB40,797,2121 3. The department shall promulgate rules to administer this paragraph.
AB40, s. 1895 22Section 1895. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act
237
, is amended to read:
AB40,798,324 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
25Hospitals and Clinics Authority, of the University of Wisconsin-Madison, of the

1Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home
2Care Authority, of the Fox River Navigational System Authority, of the Wisconsin
3Economic Development Corporation, and of the Wisconsin Aerospace Authority.
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