AB40,837,114 71.28 (5f) (c) 6. No credit may be allowed under this subsection unless the
5claimant files an application with the department of commerce or the department of
6tourism
, at the time and in the manner prescribed by the department of commerce
7or the department of tourism, and the department of commerce or the department
8of tourism
approves the application. The claimant shall submit a fee with the
9application in an amount equal to 2 percent of the claimant's budgeted production
10expenditures or to $5,000, whichever is less. The claimant shall submit a copy of the
11approved application with the claimant's return.
AB40, s. 2007 12Section 2007. 71.28 (5h) (c) 4. of the statutes is amended to read:
AB40,837,1713 71.28 (5h) (c) 4. No claim may be allowed under this subsection unless the
14department of commerce or the department of tourism certifies, in writing, that the
15credits claimed under this subsection are for expenses related to establishing or
16operating a film production company in this state and the claimant submits a copy
17of the certification with the claimant's return.
AB40, s. 2008 18Section 2008. 71.28 (5i) (c) 1. of the statutes is amended to read:
AB40,837,2119 71.28 (5i) (c) 1. The maximum amount of the credits that may be claimed under
20this subsection and ss. 71.07 (5i) and 71.47 (5i) in a taxable year is $10,000,000, as
21allocated under s. 238.14 or s. 560.204, 2009 stats.
AB40, s. 2009 22Section 2009. 71.28 (5j) (a) 2d. of the statutes is amended to read:
AB40,838,223 71.28 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel 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 diesel replacement renewable fuel.
AB40, s. 2010 3Section 2010. 71.28 (5j) (a) 2m. of the statutes is amended to read:
AB40,838,84 71.28 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
5any other fuel derived from a renewable resource that meets all of the applicable
6requirements of the American Society for Testing and Materials for that fuel and that
7the department of commerce or the department of safety and professional services
8designates by rule as a gasoline replacement renewable fuel.
AB40, s. 2011 9Section 2011. 71.28 (5j) (c) 3. of the statutes is amended to read:
AB40,838,1510 71.28 (5j) (c) 3. The department of commerce or the department of safety and
11professional services
shall establish standards to adequately prevent, in the
12distribution of conventional fuel to an end user, the inadvertent distribution of fuel
13containing a higher percentage of renewable fuel than the maximum percentage
14established by the federal environmental protection agency for use in
15conventionally-fueled engines.
AB40, s. 2012 16Section 2012. 71.28 (5r) (a) 6. a. of the statutes is amended to read:
AB40,838,2017 71.28 (5r) (a) 6. a. A University of Wisconsin System institution, the University
18of Wisconsin-Madison,
a technical college system institution, or a regionally
19accredited 4-year nonprofit college or university having its regional headquarters
20and principal place of business in this state.
AB40, s. 2013 21Section 2013. 71.34 (1g) (um) of the statutes is amended to read:
AB40,841,622 71.34 (1g) (um) "Internal Revenue Code" for tax-option corporations, for
23taxable years that begin after December 31, 2008, means the federal Internal
24Revenue Code as amended to December 31, 2008, excluding sections 103, 104, and
25110 of P.L. 102-227, sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L.

1103-66, sections 1123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188,
2sections 1, 3, 4, and 5 of P.L. 106-519, sections 162 and 165 of P.L. 106-554, P.L.
3106-573, section 431 of P.L. 107-16, sections 101 and 301 (a) of P.L. 107-147, sections
4106, 201, and 202 of P.L. 108-27, section 1201 of P.L. 108-173, sections 306, 308, 316,
5401, and 403 (a) of P.L. 108-311, sections 101, 102, 201, 211, 242, 244, 336, 337, 422,
6847, 909, and 910 of P.L. 108-357, P.L. 109-1, sections 1305, 1308, 1309, 1310, 1323,
71324, 1325, 1326, 1328, 1329, 1348, and 1351 of P.L. 109-58, section 11146 of P.L.
8109-59, section 301 of P.L. 109-73, sections 101, 105, 201 (a) as it relates to section
91400S (a), 402 (e), 403 (e), (j), and (q), and 405 of P.L. 109-135, sections 101, 207, 209,
10503, and 513 of P.L. 109-222, section 844 of P.L. 109-280, P.L. 109-432, P.L. 110-28,
11P.L. 110-140, P.L. 110-141, P.L. 110-142, P.L. 110-166, P.L. 110-172, P.L. 110-185,
12P.L. 110-234, sections 110, 113, and 301 of P.L. 110-245, P.L. 110-246, except section
1315316 of P.L. 110-246,
P.L. 110-289, P.L. 110-317, P.L. 110-343, except section 301
14of division B and section 313 of division C of P.L. 110-343,
and P.L. 110-351, and as
15amended by sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5,
16section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
and
17as indirectly affected in the provisions applicable to this subchapter by P.L. 99-514,
18P.L. 100-203, P.L. 100-647, excluding sections 803 (d) (2) (B), 805 (d) (2), 812 (c) (2),
19821 (b) (2), and 823 (c) (2) of P.L. 99-514 and section 1008 (g) (5) of P.L. 100-647, P.L.
20101-73, P.L. 101-140, P.L. 101-179, P.L. 101-239, P.L. 101-508, P.L. 102-227,
21excluding sections 103, 104, and 110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L.
22103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L.
23103-66, P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, P.L. 104-188,
24excluding sections 1123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, P.L.
25104-191, P.L. 104-193, P.L. 105-33, P.L. 105-34, P.L. 105-178, P.L. 105-206, P.L.

1105-277, P.L. 106-36, P.L. 106-170, P.L. 106-230, P.L. 106-554, excluding sections
2162 and 165 of P.L. 106-554, P.L. 107-15, P.L. 107-16, excluding section 431 of P.L.
3107-16, P.L. 107-22, P.L. 107-116, P.L. 107-134, P.L. 107-147, excluding sections
4101 and 301 (a) of P.L. 107-147, P.L. 107-181, P.L. 107-210, P.L. 107-276, P.L.
5107-358, P.L. 108-27, excluding sections 106, 201, and 202 of P.L. 108-27, P.L.
6108-121, P.L. 108-173, excluding section 1201 of P.L. 108-173, P.L. 108-203, P.L.
7108-218, P.L. 108-311, excluding sections 306, 308, 316, 401, and 403 (a) of P.L.
8108-311, P.L. 108-357, excluding sections 101, 102, 201, 211, 242, 244, 336, 337, 422,
9847, 909, and 910 of P.L. 108-357, P.L. 108-375, P.L. 108-476, P.L. 109-7, P.L.
10109-58, excluding sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328,
111329, 1348, and 1351 of P.L. 109-58, P.L. 109-59, excluding section 11146 of P.L.
12109-59, P.L. 109-73, excluding section 301 of P.L. 109-73, P.L. 109-135, excluding
13sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e), (j), and
14(q), and 405 of P.L. 109-135, P.L. 109-151, P.L. 109-222, excluding sections 101, 207,
15209, 503, and 513 of P.L. 109-222, P.L. 109-227, P.L. 109-280, excluding section 844
16of P.L. 109-280,
P.L. 110-245, excluding sections 110, 113, and 301 of P.L. 110-245,
17and section 15316 of P.L. 110-246, section 301 of division B and section 313 of division
18C of P.L. 110-343,
P.L. 110-458, sections 1401, 1402, 1521, 1522, and 1531 of division
19B of P.L. 111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L.
20111-240,
except that section 1366 (f) (relating to pass-through of items to
21shareholders) is modified by substituting the tax under s. 71.35 for the taxes under
22sections 1374 and 1375. The Internal Revenue Code applies for Wisconsin purposes
23at the same time as for federal purposes. Amendments to the federal Internal
24Revenue Code enacted after December 31, 2008, do not apply to this paragraph with
25respect to taxable years beginning after December 31, 2008, except that changes to

1the Internal Revenue Code made by sections 1401, 1402, 1521, 1522, and 1531 of
2division B of P.L. 111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113
3of P.L. 111-240, and changes that indirectly affect the provisions applicable to this
4subchapter made by sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L.
5111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
6apply for Wisconsin purposes at the same time as for federal purposes
.
AB40, s. 2014 7Section 2014. 71.42 (2) (tm) of the statutes is amended to read:
AB40,843,148 71.42 (2) (tm) For taxable years that begin after December 31, 2008, "Internal
9Revenue Code" means the federal Internal Revenue Code as amended to
10December 31, 2008, excluding sections 103, 104, and 110 of P.L. 102-227, sections
1113113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, sections 1123 (b),
121202 (c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, sections 1, 3, 4, and 5 of P.L.
13106-519, sections 162 and 165 of P.L. 106-554, P.L. 106-573, section 431 of P.L.
14107-16, sections 101 and 301 (a) of P.L. 107-147, sections 106, 201, and 202 of P.L.
15108-27, section 1201 of P.L. 108-173, sections 306, 308, 316, 401, and 403 (a) of P.L.
16108-311, sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of P.L.
17108-357, P.L. 109-1, sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328,
181329, 1348, and 1351 of P.L. 109-58, section 11146 of P.L. 109-59, section 301 of P.L.
19109-73, sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e),
20(j), and (q), and 405 of P.L. 109-135, sections 101, 207, 209, 503, and 513 of P.L.
21109-222, section 844 of P.L. 109-280, P.L. 109-432, P.L. 110-28, P.L. 110-140, P.L.
22110-141, P.L. 110-142, P.L. 110-166, P.L. 110-172, P.L. 110-185, P.L. 110-234,
23sections 110, 113, and 301 of P.L. 110-245, P.L. 110-246, except section 15316 of P.L.
24110-246,
P.L. 110-289, P.L. 110-317, P.L. 110-343, except section 301 of division B
25and section 313 of division C of P.L. 110-343,
and P.L. 110-351, and as amended 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,
and as indirectly
3affected by P.L. 99-514, P.L. 100-203, P.L. 100-647, P.L. 101-73, P.L. 101-140, P.L.
4101-179, P.L. 101-239, P.L. 101-508, P.L. 102-227, excluding sections 103, 104, and
5110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L. 103-66, excluding sections
613113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, P.L. 103-296, P.L.
7103-337, P.L. 103-465, P.L. 104-7, P.L. 104-188, excluding sections 1123 (b), 1202
8(c), 1204 (f), 1311, and 1605 (d) of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L.
9105-33, P.L. 105-34, P.L. 105-178, P.L. 105-206, P.L. 105-277, P.L. 106-36, P.L.
10106-170, P.L. 106-230, P.L. 106-554, excluding sections 162 and 165 of P.L. 106-554,
11P.L. 107-15, P.L. 107-16, excluding section 431 of P.L. 107-16, P.L. 107-22, P.L.
12107-116, P.L. 107-134, P.L. 107-147, excluding sections 101 and 301 (a) of P.L.
13107-147, P.L. 107-181, P.L. 107-210, P.L. 107-276, P.L. 107-358, P.L. 108-27,
14excluding sections 106, 201, and 202 of P.L. 108-27, P.L. 108-121, P.L. 108-173,
15excluding section 1201 of P.L. 108-173, P.L. 108-203, P.L. 108-218, P.L. 108-311,
16excluding sections 306, 308, 316, 401, and 403 (a) of P.L. 108-311, P.L. 108-357,
17excluding sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of
18P.L. 108-357, P.L. 108-375, P.L. 108-476, P.L. 109-7, P.L. 109-58, excluding sections
191305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328, 1329, 1348, and 1351 of P.L.
20109-58, P.L. 109-59, excluding section 11146 of P.L. 109-59, P.L. 109-73, excluding
21section 301 of P.L. 109-73, P.L. 109-135, excluding sections 101, 105, 201 (a) as it
22relates to section 1400S (a), 402 (e), 403 (e), (j), and (q), and 405 of P.L. 109-135, P.L.
23109-151, P.L. 109-222, excluding sections 101, 207, 209, 503, and 513 of P.L.
24109-222, P.L. 109-227, P.L. 109-280, excluding section 844 of P.L. 109-280, P.L.
25110-245, excluding sections 110, 113, and 301 of P.L. 110-245, and section 15316 of

1P.L. 110-246, section 301 of division B and section 313 of division C of P.L. 110-343,

2P.L. 110-458, sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L. 111-5,
3section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
except
4that "Internal Revenue Code" does not include section 847 of the federal Internal
5Revenue Code. The Internal Revenue Code applies for Wisconsin purposes at the
6same time as for federal purposes. Amendments to the federal Internal Revenue
7Code enacted after December 31, 2008, do not apply to this paragraph with respect
8to taxable years beginning after December 31, 2008, except that changes to the
9Internal Revenue Code made sections 1401, 1402, 1521, 1522, and 1531 of division
10B of P.L. 111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L.
11111-240, and changes that indirectly affect the provisions applicable to this
12subchapter made by sections 1401, 1402, 1521, 1522, and 1531 of division B of P.L.
13111-5, section 301 of P.L. 111-147, and sections 2111, 2112, and 2113 of P.L. 111-240,
14apply for Wisconsin purposes at the same time as for federal purposes
.
AB40, s. 2015 15Section 2015. 71.45 (1t) (L) of the statutes is created to read:
AB40,843,2016 71.45 (1t) (L) Those issued under s. 231.03 (6), if the bonds or notes are issued
17to a person who is eligible to receive bonds or notes from another issuer for the same
18purpose for which the person is issued bonds or notes under s. 231.03 (6) and the
19interest income received from the other bonds or notes is exempt from taxation under
20this subchapter.
AB40, s. 2016 21Section 2016. 71.47 (1dd) (b) of the statutes is amended to read:
AB40,844,222 71.47 (1dd) (b) Except as provided in s. 73.03 (35), for any taxable year for
23which that person is certified under s. 560.765 (3), 2009 stats., and begins business
24operations in a zone under s. 560.71, 2009 stats., after July 29, 1995, or certified
25under s. 560.797 (4) (a), 2009 stats., for each zone for which the person is certified

1or entitled a person may credit against taxes otherwise due under this subchapter
2employment-related day care expenses, up to $1,200 for each qualifying individual.
AB40, s. 2017 3Section 2017. 71.47 (1de) (a) (intro.) of the statutes is amended to read:
AB40,844,124 71.47 (1de) (a) (intro.) Except as provided in s. 73.03 (35), for any taxable year
5for which a person is certified under s. 560.765 (3), 2009 stats., and begins business
6operations in a zone under s. 560.71, 2009 stats., after July 29, 1995, or certified
7under s. 560.797 (4) (a), 2009 stats., for each zone for which the person is certified
8or entitled the person may claim as a credit against taxes otherwise due under this
9subchapter an amount equal to 7.5% of the amount that the person expends to
10remove or contain environmental pollution, as defined in s. 299.01 (4), in the zone or
11to restore soil or groundwater that is affected by environmental pollution, as defined
12in s. 299.01 (4), in the zone if the person fulfills all of the following requirements:
AB40, s. 2018 13Section 2018. 71.47 (1de) (a) 1. of the statutes is amended to read:
AB40,844,1814 71.47 (1de) (a) 1. Begins the work, other than planning and investigating, for
15which the credit is claimed after the area that includes the site where the work is
16done is designated a development zone under s. 560.71, 2009 stats., or an enterprise
17development zone under s. 560.797, 2009 stats., and after the claimant is certified
18under s. 560.765 (3), 2009 stats., or certified under s. 560.797 (4) (a), 2009 stats.
AB40, s. 2019 19Section 2019. 71.47 (1di) (a) (intro.) of the statutes is amended to read:
AB40,845,220 71.47 (1di) (a) (intro.) Except as provided in pars. (dm) and (f) and s. 73.03 (35),
21for any taxable year for which the person is entitled under s. 560.795 (3), 2009 stats.,
22to claim tax benefits, any person may claim as a credit against taxes otherwise due
23under this chapter 2.5% of the purchase price of depreciable, tangible personal
24property, or 1.75% of the purchase price of depreciable, tangible personal property

1that is expensed under section 179 of the internal revenue code for purposes of the
2taxes under this chapter, except that:
AB40, s. 2020 3Section 2020. 71.47 (1di) (a) 1. of the statutes is amended to read:
AB40,845,94 71.47 (1di) (a) 1. The investment must be in property that is purchased after
5the person is entitled under s. 560.795 (3), 2009 stats., to claim tax benefits and that
6is used for at least 50% of its use in the conduct of the person's business operations
7at a location in a development zone under subch. VI of ch. 560, 2009 stats., or, if the
8property is mobile, the base of operations of the property for at least 50% of its use
9must be a location in a development zone.
AB40, s. 2021 10Section 2021. 71.47 (1di) (b) 2. of the statutes is amended to read:
AB40,845,1811 71.47 (1di) (b) 2. If the claimant is located on an Indian reservation, as defined
12in s. 560.86 (5), 2009 stats., and is an American Indian, as defined in s. 560.86 (1),
132009 stats., an Indian business, as defined in s. 560.86 (4), 2009 stats., or a tribal
14enterprise, as defined in s. 71.07 (2di) (b) 2., and if the allowable amount of the credit
15under this subsection exceeds the taxes otherwise due under this chapter on or
16measured by the claimant's income, the amount of the credit not used as an offset
17against those taxes shall be certified to the department of administration for
18payment to the claimant by check, share draft or other draft.
AB40, s. 2022 19Section 2022. 71.47 (1di) (b) 3. of the statutes is amended to read:
AB40,846,1120 71.47 (1di) (b) 3. Partnerships, limited liability companies and tax-option
21corporations may not claim the credit under this subsection, but the eligibility for,
22and amount of, that credit shall be determined on the basis of their economic activity,
23not that of their shareholders, partners or members. The corporation, partnership
24or limited liability company shall compute the amount of the credit that may be
25claimed by each of its shareholders, partners or members and shall provide that

1information to each of its shareholders, partners or members. Partners, members
2of limited liability companies and shareholders of tax-option corporations may claim
3the credit based on the partnership's, company's or corporation's activities in
4proportion to their ownership interest and may offset it against the tax attributable
5to their income from the partnership's, company's or corporation's business
6operations in the development zone; except that a claimant in a development zone
7under s. 560.795 (1) (e), 2009 stats., may offset the credit, including any credits
8carried over, against the amount of the tax otherwise due under this chapter
9attributable to all of the claimant's income; and against the tax attributable to their
10income from the partnership's, company's or corporation's directly related business
11operations.
AB40, s. 2023 12Section 2023. 71.47 (1di) (d) 1. of the statutes is amended to read:
AB40,846,1413 71.47 (1di) (d) 1. A copy of a verification from the department of commerce that
14the claimant may claim tax benefits under s. 560.795 (3), 2009 stats.
AB40, s. 2024 15Section 2024. 71.47 (1di) (f) of the statutes is amended to read:
AB40,846,2216 71.47 (1di) (f) If a person who is entitled under s. 560.795 (3), 2009 stats., to
17claim tax benefits becomes ineligible for such tax benefits, that person may claim no
18credits under this subsection for the taxable year that includes the day on which the
19person becomes ineligible for tax benefits or succeeding taxable years and that
20person may carry over no unused credits from previous years to offset tax under this
21chapter for the taxable year that includes the day on which the person becomes
22ineligible for tax benefits or succeeding taxable years.
AB40, s. 2025 23Section 2025. 71.47 (1di) (g) of the statutes is amended to read:
AB40,847,324 71.47 (1di) (g) If a person who is entitled under s. 560.795 (3), 2009 stats., to
25claim tax benefits ceases business operations in the development zone during any of

1the taxable years that that zone exists, that person may not carry over to any taxable
2year following the year during which operations cease any unused credits from the
3taxable year during which operations cease or from previous taxable years.
AB40, s. 2026 4Section 2026. 71.47 (1dj) (am) (intro.) of the statutes is amended to read:
AB40,847,85 71.47 (1dj) (am) (intro.) Except as provided under par. (f) or s. 73.03 (35), for
6any taxable year for which the person is certified under s. 560.765 (3), 2009 stats.,
7for tax benefits, any person may claim as a credit against taxes otherwise due under
8this chapter an amount calculated as follows:
AB40, s. 2027 9Section 2027. 71.47 (1dj) (am) 4. a. of the statutes is amended to read:
AB40,847,1610 71.47 (1dj) (am) 4. a. If certified under s. 560.765 (3), 2009 stats., for tax
11benefits before January 1, 1992, modify "qualified wages" as defined in section 51 (b)
12of the internal revenue code to exclude wages paid before the claimant is certified for
13tax benefits and to exclude wages that are paid to employees for work at any location
14that is not in a development zone under subch. VI of ch. 560, 2009 stats. For purposes
15of this subd. 4. a., mobile employees work at their base of operations and leased or
16rented employees work at the location where they perform services.
AB40, s. 2028 17Section 2028. 71.47 (1dj) (am) 4. b. of the statutes is amended to read:
AB40,847,2418 71.47 (1dj) (am) 4. b. If certified under s. 560.765 (3), 2009 stats., for tax
19benefits after December 31, 1991, modify "qualified wages" as defined in section 51
20(b) of the internal revenue code to exclude wages paid before the claimant is certified
21for tax benefits and to exclude wages that are paid to employees for work at any
22location that is not in a development zone under subch. VI of ch. 560, 2009 stats. For
23purposes of this subd. 4. b., mobile employees and leased or rented employees work
24at their base of operations.
AB40, s. 2029 25Section 2029. 71.47 (1dj) (am) 4c. of the statutes is amended to read:
AB40,848,5
171.47 (1dj) (am) 4c. Modify the rule for ineligible individuals under section 51
2(i) (1) of the internal revenue code to allow credit for the wages of related individuals
3paid by an Indian business, as defined in s. 560.86 (4), 2009 stats., or a tribal
4enterprise, as defined in s. 71.07 (2di) (b) 2., if the Indian business or tribal enterprise
5is located in a development zone designated under s. 560.71 (3) (c) 2., 2009 stats.
AB40, s. 2030 6Section 2030. 71.47 (1dj) (am) 4t. of the statutes is amended to read:
AB40,848,137 71.47 (1dj) (am) 4t. If certified under s. 560.765 (3), 2009 stats., for tax benefits
8before January 1, 1992, modify section 51 (i) (3) of the internal revenue code so that
9for leased or rented employees, except employees of a leasing agency certified for tax
10benefits who perform services directly for the agency in a development zone, the
11minimum employment periods apply to the time that they perform services in a
12development zone for a single lessee or renter, not to their employment by the leasing
13agency.
AB40, s. 2031 14Section 2031. 71.47 (1dj) (e) 1. of the statutes is amended to read:
AB40,848,1615 71.47 (1dj) (e) 1. A copy of the claimant's certification for tax benefits under s.
16560.765 (3), 2009 stats.
AB40, s. 2032 17Section 2032. 71.47 (1dj) (e) 3. a. of the statutes is amended to read:
AB40,848,2218 71.47 (1dj) (e) 3. a. If certified under s. 560.765 (3), 2009 stats., for tax benefits
19before January 1, 1992, a statement from the department of commerce verifying the
20amount of qualifying wages and verifying that the employees were hired for work
21only in a development zone or are mobile employees whose base of operations is in
22a development zone.
AB40, s. 2033 23Section 2033. 71.47 (1dj) (e) 3. b. of the statutes is amended to read:
AB40,849,324 71.47 (1dj) (e) 3. b. If certified under s. 560.765 (3), 2009 stats., for tax benefits
25after December 31, 1991, a statement from the department of commerce verifying the

1amount of qualifying wages and verifying that the employees were hired for work
2only in a development zone or are mobile employees or leased or rented employees
3whose base of operations is in a development zone.
AB40, s. 2034 4Section 2034. 71.47 (1dL) (a) of the statutes is amended to read:
AB40,849,105 71.47 (1dL) (a) Except as provided in pars. (ag), (ar), (bm) and (f) and s. 73.03
6(35), for any taxable year for which the person is certified under s. 560.765 (3), 2009
7stats.,
for tax benefits, any person may claim as a credit against taxes otherwise due
8under this subchapter an amount equal to 2.5% of the amount expended by that
9person to acquire, construct, rehabilitate or repair real property in a development
10zone under subch. VI of ch. 560, 2009 stats.
AB40, s. 2035 11Section 2035. 71.47 (1dL) (ag) of the statutes is amended to read:
AB40,849,2112 71.47 (1dL) (ag) If the credit under par. (a) is claimed for an amount expended
13to construct, rehabilitate, remodel or repair property, the claimant must have begun
14the physical work of construction, rehabilitation, remodeling or repair, or any
15demolition or destruction in preparation for the physical work, after the place where
16the property is located was designated a development zone under s. 560.71, 2009
17stats.,
and the completed project must be placed in service after the claimant is
18certified for tax benefits under s. 560.765 (3), 2009 stats. In this paragraph, "physical
19work" does not include preliminary activities such as planning, designing, securing
20financing, researching, developing specifications or stabilizing the property to
21prevent deterioration.
AB40, s. 2036 22Section 2036. 71.47 (1dL) (ar) of the statutes is amended to read:
AB40,850,723 71.47 (1dL) (ar) If the credit under par. (a) is claimed for an amount expended
24to acquire property, the property must have been acquired by the claimant after the
25place where the property is located was designated a development zone under s.

1560.71, 2009 stats., and the completed project must be placed in service after the
2claimant is certified for tax benefits under s. 560.765 (3), 2009 stats., and the
3property must not have been previously owned by the claimant or a related person
4during the 2 years prior to the designation of the development zone under s. 560.71,
52009 stats
. No credit is allowed for an amount expended to acquire property until
6the property, either in its original state as acquired by the claimant or as
7subsequently constructed, rehabilitated, remodeled or repaired, is placed in service.
AB40, s. 2037 8Section 2037. 71.47 (1dL) (bm) of the statutes is amended to read:
AB40,850,159 71.47 (1dL) (bm) In calculating the credit under par. (a) a claimant shall reduce
10the amount expended to acquire property by a percentage equal to the percentage of
11the area of the real property not used for the purposes for which the claimant is
12certified to claim tax benefits under s. 560.765 (3), 2009 stats., and shall reduce the
13amount expended for other purposes by the amount expended on the part of the
14property not used for the purposes for which the claimant is certified to claim tax
15benefits under s. 560.765 (3), 2009 stats.
AB40, s. 2038 16Section 2038. 71.47 (1dL) (c) of the statutes is amended to read:
AB40,850,2417 71.47 (1dL) (c) If the claimant is located on an Indian reservation, as defined
18in s. 560.86 (5), 2009 stats., and is an American Indian, as defined in s. 560.86 (1),
192009 stats.,
an Indian business, as defined in s. 560.86 (4), 2009 stats., or a tribal
20enterprise, as defined in s. 71.07 (2di) (b) 2., and if the allowable amount of the credit
21under par. (a) exceeds the taxes otherwise due under this chapter on or measured by
22the claimant's income, the amount of the credit not used as an offset against those
23taxes shall be certified to the department of administration for payment to the
24claimant by check, share draft or other draft.
AB40, s. 2039 25Section 2039. 71.47 (1dm) (a) 1. of the statutes is amended to read:
AB40,851,4
171.47 (1dm) (a) 1. "Certified" means entitled under s. 238.395 (3) (a) 4. or s.
2560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 238.395 (5),
3238.398 (3), or 238.3995 (4) or s.
560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats.,
4or s. 560.7995 (4), 2009 stats.
AB40, s. 2040 5Section 2040. 71.47 (1dm) (a) 3. of the statutes is amended to read:
AB40,851,96 71.47 (1dm) (a) 3. "Development zone" means a development opportunity zone
7under s. 238.395 (1) (e) and (f) or 238.398 or s. 560.795 (1) (e) and (f), 2009 stats., or
8s. 560.798, 2009 stats., or an airport development zone under s. 238.3995 or s.
9560.7995, 2009 stats.
AB40, s. 2041 10Section 2041. 71.47 (1dm) (a) 4. of the statutes is amended to read:
AB40,851,1911 71.47 (1dm) (a) 4. "Previously owned property" means real property that the
12claimant or a related person owned during the 2 years prior to the department of
13commerce or the Wisconsin Economic Development Corporation designating the
14place where the property is located as a development zone and for which the claimant
15may not deduct a loss from the sale of the property to, or an exchange of the property
16with, the related person under section 267 of the Internal Revenue Code, except that
17section 267 (b) of the Internal Revenue Code is modified so that if the claimant owns
18any part of the property, rather than 50% ownership, the claimant is subject to
19section 267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
AB40, s. 2042 20Section 2042. 71.47 (1dm) (f) 1. of the statutes is amended to read:
AB40,851,2421 71.47 (1dm) (f) 1. A copy of a the verification from the department of commerce
22that the claimant may claim tax benefits under s. 238.395 (3) (a) 4. or s. 560.795 (3)
23(a) 4., 2009 stats., or is certified under s. 238.395 (5), 238.398 (3), or 238.3995 (4) or
24s.
560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats.
AB40, s. 2043 25Section 2043. 71.47 (1dm) (f) 2. of the statutes is amended to read:
AB40,852,4
171.47 (1dm) (f) 2. A statement from the department of commerce or the
2Wisconsin Economic Development Corporation
verifying the purchase price of the
3investment and verifying that the investment fulfills the requirements under par.
4(b).
AB40, s. 2044 5Section 2044. 71.47 (1dm) (i) of the statutes is amended to read:
AB40,852,196 71.47 (1dm) (i) Partnerships, limited liability companies, and tax-option
7corporations may not claim the credit under this subsection, but the eligibility for,
8and the amount of, that credit shall be determined on the basis of their economic
9activity, not that of their shareholders, partners, or members. The corporation,
10partnership, or limited liability company shall compute the amount of credit that
11may be claimed by each of its shareholders, partners, or members and provide that
12information to its shareholders, partners, or members. Partners, members of limited
13liability companies, and shareholders of tax-option corporations may claim the
14credit based on the partnership's, company's, or corporation's activities in proportion
15to their ownership interest and may offset it against the tax attributable to their
16income from the partnership's, company's, or corporation's business operations in the
17development zone; except that partners, members, and shareholders in a
18development zone under s. 238.395 (1) (e) or s. 560.795 (1) (e), 2009 stats., may offset
19the credit against the amount of the tax attributable to their income.
AB40, s. 2045 20Section 2045. 71.47 (1dm) (j) of the statutes is amended to read:
AB40,853,621 71.47 (1dm) (j) If a person who is entitled under s. 238.395 (3) (a) 4. or s. 560.795
22(3) (a) 4., 2009 stats., to claim tax benefits becomes ineligible for such tax benefits,
23or if a person's certification under s. 238.395 (5), 238.398 (3), or 238.3995 (4) or s.
24560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., is
25revoked, that person may claim no credits under this subsection for the taxable year

1that includes the day on which the person becomes ineligible for tax benefits, the
2taxable year that includes the day on which the certification is revoked, or succeeding
3taxable years, and that person may carry over no unused credits from previous years
4to offset tax under this chapter for the taxable year that includes the day on which
5the person becomes ineligible for tax benefits, the taxable year that includes the day
6on which the certification is revoked, or succeeding taxable years.
AB40, s. 2046 7Section 2046. 71.47 (1dm) (k) of the statutes is amended to read:
AB40,853,158 71.47 (1dm) (k) If a person who is entitled under s. 238.395 (3) (a) 4. or s.
9560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 238.395 (5),
10238.398 (3), or 238.3995 (4) or s.
560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats.,
11or s. 560.7995 (4), 2009 stats., ceases business operations in the development zone
12during any of the taxable years that that zone exists, that person may not carry over
13to any taxable year following the year during which operations cease any unused
14credits from the taxable year during which operations cease or from previous taxable
15years.
AB40, s. 2047 16Section 2047. 71.47 (1ds) (a) 1. of the statutes is amended to read:
AB40,853,1817 71.47 (1ds) (a) 1. "Development zone" means a zone designated under s. 560.71,
182009 stats
.
AB40, s. 2048 19Section 2048. 71.47 (1ds) (b) of the statutes is amended to read:
AB40,854,820 71.47 (1ds) (b) Except as provided in pars. (dm) and (e) and s. 73.03 (35), for
21any taxable year for which the person is certified under s. 560.765 (3), 2009 stats.,
22for tax benefits, any person may claim as a credit against taxes otherwise due under
23this chapter the taxes paid under subchs. III and V of ch. 77 on their purchases, leases
24and rentals of eligible property. Partnerships, limited liability companies and
25tax-option corporations may not claim the credit under this subsection but the

1eligibility for, and the amount of, that credit shall be determined on the basis of their
2economic activity, not that of their partners, members or shareholders. The
3partnership, limited liability company or corporation shall compute the amount of
4the credit that may be claimed by each of its partners, members or shareholders and
5shall provide that information to each of its partners, members or shareholders.
6Partners, members of limited liability companies and shareholders of tax-option
7corporations may claim the credit based on the partnership's, company's or
8corporation's activities in proportion to their ownership interest.
AB40, s. 2049 9Section 2049. 71.47 (1ds) (d) 1. of the statutes is amended to read:
AB40,854,1110 71.47 (1ds) (d) 1. A copy of the claimant's certification for tax benefits under
11s. 560.765 (3), 2009 stats.
AB40, s. 2050 12Section 2050. 71.47 (1dx) (a) 2. of the statutes is amended to read:
AB40,854,1813 71.47 (1dx) (a) 2. "Development zone" means a development zone under s.
14238.30 or s. 560.70, 2009 stats., a development opportunity zone under s. 238.395 or
15s.
560.795, 2009 stats., or an enterprise development zone under s. 238.397 or s.
16560.797, 2009 stats., an agricultural development zone under s. 238.398 or s.
17560.798, 2009 stats., or an airport development zone under s. 238.3995 or s.
18560.7995, 2009 stats.
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