AB40: Bill Text

AB40, s. 1814 Section 1814. 71.07 (2dy) (c) 1. of the statutes is amended to read:

AB40,769,19 71.07 (2dy) (c) 1. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 238.303 (3) or s. 560.703 (3), 2009 stats.

AB40, s. 1815 Section 1815. 71.07 (2dy) (c) 2. of the statutes is amended to read:

AB40,770,4 71.07 (2dy) (c) 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 authorization to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats. 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.

AB40, s. 1816 Section 1816. 71.07 (2dy) (d) 2. of the statutes is amended to read:

AB40,770,15 71.07 (2dy) (d) 2. If a claimant's certification is revoked under s. 238.305 or s. 560.705, 2009 stats., or if a claimant becomes ineligible for tax benefits under s. 238.302 or s. 560.702, 2009 stats., the claimant may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years and the claimant may not carry over unused credits from previous years to offset the tax imposed under s. 71.02 or 71.08 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years.

AB40, s. 1817 Section 1817. 71.07 (3g) (a) (intro.) of the statutes is amended to read:

AB40,770,21 71.07 (3g) (a) (intro.) Subject to the limitations under this subsection and ss. 73.03 (35m) and 238.23 and s. 560.96, 2009 stats., a business that is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats., may claim as a credit against the taxes imposed under s. 71.02 an amount equal to the sum of the following, as established under s. 238.23 (3) (c) or s. 560.96 (3) (c), 2009 stats:

AB40, s. 1818 Section 1818. 71.07 (3g) (b) of the statutes is amended to read:

AB40,770,25 71.07 (3g) (b) The department of revenue shall notify the department of commerce or the Wisconsin Economic Development Corporation of all claims under this subsection.

AB40, s. 1819 Section 1819. 71.07 (3g) (e) 2. of the statutes is amended to read:

AB40,771,5 71.07 (3g) (e) 2. The investments that relate to the amount described under par. (a) 2. for which a claimant makes a claim under this subsection must be retained for use in the technology zone for the period during which the claimant's business is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats.

AB40, s. 1820 Section 1820. 71.07 (3g) (f) 1. of the statutes is amended to read:

AB40,771,10 71.07 (3g) (f) 1. A copy of a the verification from the department of commerce that the claimant's business is certified under s. 238.23 (3) or s. 560.96 (3), 2009 stats., and that the business and the department of commerce have has entered into an agreement under s. 238.23 (3) (d) or s. 560.96 (3) (d), 2009 stats.

AB40, s. 1821 Section 1821. 71.07 (3g) (f) 2. of the statutes is amended to read:

AB40,771,15 71.07 (3g) (f) 2. A statement from the department of commerce or the Wisconsin Economic Development Corporation verifying the purchase price of the investment described under par. (a) 2. and verifying that the investment fulfills the requirement under par. (e) 2.

AB40, s. 1822 Section 1822. 71.07 (3p) (b) of the statutes is amended to read:

AB40,771,23 71.07 (3p) (b) Filing claims. Subject to the limitations provided in this subsection and s. 93.535 or s. 560.207, 2009 stats., except as provided in par. (c) 5., 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 or 71.08, 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.

AB40, s. 1823 Section 1823. 71.07 (3p) (c) 2m. a. of the statutes is amended to read:

AB40,772,3 71.07 (3p) (c) 2m. a. The maximum amount of the credits that may be claimed under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2007-08 is $600,000, as allocated under s. 560.207, 2009 stats.

AB40, s. 1824 Section 1824. 71.07 (3p) (c) 2m. b. of the statutes is amended to read:

AB40,772,8 71.07 (3p) (c) 2m. b. The maximum amount of the credits that may be claimed by all claimants, other than members of dairy cooperatives, under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2008-09, and in each fiscal year thereafter, is $700,000, as allocated under s. 93.535 or s. 560.207, 2009 stats.

AB40, s. 1825 Section 1825. 71.07 (3p) (c) 2m. bm. of the statutes is amended to read:

AB40,772,16 71.07 (3p) (c) 2m. bm. The maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2009-10 is $600,000, as allocated under s. 560.207, 2009 stats., and the maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and ss. 71.28 (3p) and 71.47 (3p) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s. 93.535 or s. 560.207, 2009 stats.

AB40, s. 1826 Section 1826. 71.07 (3p) (c) 3. of the statutes is amended to read:

AB40,773,5 71.07 (3p) (c) 3. Partnerships, limited liability companies, tax-option corporations, and dairy cooperatives 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 a dairy cooperative may compute shall not exceed $200,000 for each of the entity's cooperative's dairy manufacturing facilities. A partnership, limited liability company, tax-option corporation, or dairy cooperative 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. Members of a dairy cooperative may claim the credit in proportion to the amount of milk that each member delivers to the dairy cooperative, as determined by the dairy cooperative.

AB40, s. 1827 Section 1827. 71.07 (3p) (c) 6. of the statutes is amended to read:

AB40,773,9 71.07 (3p) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 93.535 or s. 560.207, 2009 stats.

AB40, s. 1828 Section 1828. 71.07 (3q) (a) 1. of the statutes is amended to read:

AB40,773,12 71.07 (3q) (a) 1. "Claimant" means a person certified to receive tax benefits under s. 238.16 (2) or s. 560.2055 (2), 2009 stats.

AB40, s. 1829 Section 1829. 71.07 (3q) (a) 2. of the statutes is amended to read:

AB40,773,18 71.07 (3q) (a) 2. "Eligible employee" means, for taxable years beginning before January 1, 2011, an eligible employee under s. 560.2055 (1) (b) , 2009 stats., who satisfies the wage requirements under s. 560.2055 (3) (a) or (b), 2009 stats., or, for taxable years beginning after December 31, 2010, an eligible employee under s. 238.16 (1) (b).

AB40, s. 1830 Section 1830. 71.07 (3q) (b) (intro.) of the statutes is amended to read:

AB40,773,23 71.07 (3q) (b) Filing claims. (intro.) Subject to the limitations provided in this subsection and s. 238.16 or s. 560.2055, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the taxes imposed under ss. 71.02 and 71.08 any of the following.

AB40, s. 1831 Section 1831. 71.07 (3q) (b) 1. of the statutes is amended to read:

AB40,774,4 71.07 (3q) (b) 1. The amount of wages that the claimant paid to an eligible employee in the taxable year, not to exceed 10 percent of such wages, as determined by the Wisconsin Economic Development Corporation under s. 238.16 or the department of commerce under s. 560.2055, 2009 stats.

AB40, s. 1832 Section 1832. 71.07 (3q) (b) 2. of the statutes is amended to read:

AB40,774,8 71.07 (3q) (b) 2. The amount of the costs incurred by the claimant in the taxable year, as determined under s. 238.16 or s. 560.2055, 2009 stats., to undertake the training activities described under s. 238.16 (3) (c) or s. 560.2055 (3) (c), 2009 stats.

AB40, s. 1833 Section 1833. 71.07 (3q) (c) 2. of the statutes is amended to read:

AB40,774,12 71.07 (3q) (c) 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 238.16 (2) or s. 560.2055 (2) , 2009 stats.

AB40, s. 1834 Section 1834. 71.07 (3q) (c) 3. of the statutes is amended to read:

AB40,774,17 71.07 (3q) (c) 3. The maximum amount of credits that may be awarded under this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of any credits reallocated under s. 238.15 (3) (d) or s. 560.205 (3) (d), 2009 stats.

AB40, s. 1835 Section 1835. 71.07 (3r) (b) of the statutes is amended to read:

AB40,774,25 71.07 (3r) (b) Filing claims. Subject to the limitations provided in this subsection and s. 238.19 or s. 560.208, 2009 stats., for taxable years beginning after December 31, 2008, and before January 1, 2017, a claimant may claim as a credit against the taxes imposed under s. 71.02 or 71.08, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for meat processing modernization or expansion related to the claimant's meat processing operation.

AB40, s. 1836 Section 1836. 71.07 (3r) (c) 3. a. of the statutes is amended to read:

AB40,775,4 71.07 (3r) (c) 3. a. The maximum amount of the credits that may be allocated under this subsection and ss. 71.28 (3r) and 71.47 (3r) in fiscal year 2009-10 is $300,000, as allocated under s. 560.208, 2009 stats.

AB40, s. 1837 Section 1837. 71.07 (3r) (c) 3. b. of the statutes is amended to read:

AB40,775,9 71.07 (3r) (c) 3. b. The maximum amount of the credits that may be allocated under this subsection and ss. 71.28 (3r) and 71.47 (3r) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s. 238.19 or s. 560.208, 2009 stats.

AB40, s. 1838 Section 1838. 71.07 (3r) (c) 6. of the statutes is amended to read:

AB40,775,13 71.07 (3r) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 238.19 or s. 560.208, 2009 stats.

AB40, s. 1839 Section 1839. 71.07 (3rm) (b) of the statutes is amended to read:

AB40,775,21 71.07 (3rm) (b) Filing claims. Subject to the limitations provided in this subsection and s. 238.21 or s. 560.209, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2016, a claimant may claim as a credit against the taxes imposed under s. 71.02 or 71.08, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for equipment that is used primarily to harvest or process woody biomass that is used as fuel or as a component of fuel.

AB40, s. 1840 Section 1840. 71.07 (3rm) (c) 3. of the statutes is amended to read:

AB40,775,25 71.07 (3rm) (c) 3. The maximum amount of the credits that may be claimed under this subsection and ss. 71.28 (3rm) and 71.47 (3rm) is $900,000, as allocated under s. 238.21 or s. 560.209, 2009 stats.

AB40, s. 1841 Section 1841. 71.07 (3rn) (b) of the statutes is amended to read:

AB40,776,8 71.07 (3rn) (b) Filing claims. Subject to the limitations provided in this subsection and s. 506.2056 238.17 or s. 560.2056, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2017, a claimant may claim as a credit against the tax imposed under ss. 71.02 and 71.08, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for food processing or food warehousing modernization or expansion related to the operation of the claimant's food processing plant or food warehouse.

AB40, s. 1842 Section 1842. 71.07 (3rn) (c) 3. a. of the statutes is amended to read:

AB40,776,12 71.07 (3rn) (c) 3. a. The maximum amount of the credits that may be allocated under this subsection and ss. 71.28 (3rn) and 71.47 (3rn) in fiscal year 2009-10 is $1,000,000, as allocated under s. 560.2056, 2009 stats.

AB40, s. 1843 Section 1843. 71.07 (3rn) (c) 3. b. of the statutes is amended to read:

AB40,776,16 71.07 (3rn) (c) 3. b. The maximum amount of the credits that may be allocated under this subsection and ss. 71.28 (3rn) and 71.47 (3rn) in fiscal year 2010-11 is $1,200,000, as allocated under s. 560.2056, 2009 stats.

AB40, s. 1844 Section 1844. 71.07 (3rn) (c) 3. c. of the statutes is amended to read:

AB40,776,21 71.07 (3rn) (c) 3. c. The maximum amount of the credits that may be allocated under this subsection and ss. 71.28 (3rn) and 71.47 (3rn) in fiscal year 2011-12, and in each year thereafter, is $700,000, as allocated under s. 238.17 or s. 560.2056, 2009 stats.

AB40, s. 1845 Section 1845. 71.07 (3rn) (c) 6. of the statutes is amended to read:

AB40,776,25 71.07 (3rn) (c) 6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s. 238.17 or s. 560.2056, 2009 stats.

AB40, s. 1846 Section 1846. 71.07 (3t) (b) of the statutes is amended to read:

AB40,777,7 71.07 (3t) (b) Credit. Subject to the limitations provided in this subsection and in s. 560.28, 2009 stats., for taxable years beginning after December 31, 2007, a claimant may claim as a credit, amortized over 15 taxable years starting with the taxable year beginning after December 31, 2007, against the tax imposed under s. 71.02 and 71.08, up to the amount of the tax, an amount equal to the claimant's unused credits under s. 71.07 (3s).

AB40, s. 1847 Section 1847. 71.07 (3t) (c) 1. of the statutes is amended to read:

AB40,777,15 71.07 (3t) (c) 1. No credit may be claimed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's certification by the department of commerce under s. 560.28, 2009 stats., except that, with regard to credits claimed by partners of a partnership, members of a limited liability company, or shareholders of a tax-option corporation, the entity shall provide a copy of its certification under s. 560.28, 2009 stats., to the partner, member, or shareholder to submit with his or her return.

AB40, s. 1848 Section 1848. 71.07 (3w) (a) 2. of the statutes is amended to read:

AB40,777,19 71.07 (3w) (a) 2. "Claimant" means a person who is certified to claim tax benefits under s. 238.399 (5) or s. 560.799 (5), 2009 stats., and who files a claim under this subsection.

AB40, s. 1849 Section 1849. 71.07 (3w) (a) 3. of the statutes is amended to read:

AB40,777,22 71.07 (3w) (a) 3. "Full-time employee" means a full-time employee, as defined in s. 238.399 (1) (am) or s. 560.799 (1) (am), 2009 stats.

AB40, s. 1850 Section 1850. 71.07 (3w) (a) 4. of the statutes is amended to read:

AB40,777,25 71.07 (3w) (a) 4. "Enterprise zone" means a zone designated under s. 238.399 or s. 560.799, 2009 stats.

AB40, s. 1851 Section 1851. 71.07 (3w) (a) 5d. of the statutes is amended to read:

AB40,778,4 71.07 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats.

AB40, s. 1852 Section 1852. 71.07 (3w) (a) 5e. of the statutes is amended to read:

AB40,778,8 71.07 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats.

AB40, s. 1853 Section 1853. 71.07 (3w) (b) (intro.) of the statutes is amended to read:

AB40,778,13 71.07 (3w) (b) Filing claims; payroll. (intro.) Subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount calculated as follows:

AB40, s. 1854 Section 1854. 71.07 (3w) (b) 5. of the statutes is amended to read:

AB40,778,17 71.07 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats., not to exceed 7 percent.

AB40, s. 1855 Section 1855. 71.07 (3w) (bm) 1. of the statutes is amended to read:

AB40,779,4 71.07 (3w) (bm) 1. In addition to the credits under par. (b) and subds. 2., 3., and 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to a percentage, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats., not to exceed 100 percent, of 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 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 an enterprise zone.

AB40, s. 1856 Section 1856. 71.07 (3w) (bm) 2. of the statutes is amended to read:

AB40,779,19 71.07 (3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage, as determined by the department of commerce under s. 238.399 or s. 560.799, 2009 stats., not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.

AB40, s. 1857 Section 1857. 71.07 (3w) (bm) 3. of the statutes is amended to read:

AB40,780,2 71.07 (3w) (bm) 3. In addition to the credits under par. (b) and subds. 1., 2., and 4., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 up to 10 percent of the claimant's significant capital expenditures, as determined by the department of commerce under s. 238.399 (5m) or s. 560.799 (5m), 2009 stats.

AB40, s. 1858 Section 1858. 71.07 (3w) (bm) 4. of the statutes is amended to read: