SB322,1,4 1An Act to amend 71.05 (6) (a) 15., 71.21 (4) (a), 71.26 (2) (a) 4., 71.34 (1k) (g) and
271.45 (2) (a) 10.; and to create 71.07 (9g), 71.10 (4) (cs), 71.28 (9g), 71.30 (3) (dr),
371.47 (9g) and 71.49 (1) (dr) of the statutes; relating to: income and franchise
4tax credits for insulating concrete forms used to construct a building.
Analysis by the Legislative Reference Bureau
This bill creates an income and franchise tax credit equal to the amount that
the taxpayer pays in the taxable year to purchase or manufacture insulating concrete
forms used to construct a building. If the amount of the credit exceeds the taxpayer's
tax liability, the taxpayer does not receive a refund, but may claim the amount of any
unused credit in subsequent taxable years.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB322,1 5Section 1. 71.05 (6) (a) 15. of the statutes, as affected by 2013 Wisconsin Act
620
, is amended to read:
SB322,2,7
171.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the
2credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds),
3(2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (4k), (4n), (5e),
4(5f), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), and (8r), and (9g) and not passed through
5by a partnership, limited liability company, or tax-option corporation that has added
6that amount to the partnership's, company's, or tax-option corporation's income
7under s. 71.21 (4) or 71.34 (1k) (g).
SB322,2 8Section 2. 71.07 (9g) of the statutes is created to read:
SB322,2,109 71.07 (9g) Insulating concrete forms credit. (a) Definitions. In this
10subsection:
SB322,2,1111 1. "Claimant" means a person who files a claim under this subsection.
SB322,2,1312 2. "Insulating concrete form" means a hollow expandable polystyrene form
13system that is filled with concrete and includes the concrete used to fill the form.
SB322,2,1914 (b) Filing claims. Subject to the limitations provided in this subsection, a
15claimant may claim as a credit against the taxes imposed under s. 71.02, up to the
16amount of the taxes, an amount equal to the amount that the claimant paid in the
17taxable year to purchase for use in this state, or to manufacture in this state,
18insulating concrete forms used to construct the foundation walls, frost walls, or
19insulated interior or exterior walls of any building.
SB322,2,2220 (c) Limitations. 1. No person may claim a credit under this subsection for any
21item for which the person has received a rebate under any state program, including
22a state program operated in conjunction with private entities.
SB322,3,523 2. Partnerships, limited liability companies, and tax-option corporations may
24not claim the credit under this subsection, but the eligibility for, and the amount of,
25the credit are based on their payment of the amount described under par. (b). A

1partnership, limited liability company, or tax-option corporation shall compute the
2amount of credit that each of its partners, members, or shareholders may claim and
3shall provide that information to each of them. Partners, members of limited liability
4companies, and shareholders of tax-option corporations may claim the credit in
5proportion to their ownership interests.
SB322,3,76 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
7s. 71.28 (4), applies to the credit under this subsection.
SB322,3 8Section 3. 71.10 (4) (cs) of the statutes is created to read:
SB322,3,99 71.10 (4) (cs) Insulating concrete forms credit under s. 71.07 (9g).
SB322,4 10Section 4. 71.21 (4) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
11is amended to read:
SB322,3,1612 71.21 (4) (a) The amount of the credits computed by a partnership under s.
1371.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p),
14(3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (4k), (4n), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r),
15(5rm), (6n), and (8r), and (9g) and passed through to partners shall be added to the
16partnership's income.
SB322,5 17Section 5. 71.26 (2) (a) 4. of the statutes is amended to read:
SB322,3,2418 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
19(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r),
20(3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), (9g),
21and (9s) and not passed through by a partnership, limited liability company, or
22tax-option corporation that has added that amount to the partnership's, limited
23liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k)
24(g).
SB322,6 25Section 6. 71.28 (9g) of the statutes is created to read:
SB322,4,2
171.28 (9g) Insulating concrete forms credit. (a) Definitions. In this
2subsection:
SB322,4,33 1. "Claimant" means a person who files a claim under this subsection.
SB322,4,54 2. "Insulating concrete form" means a hollow expandable polystyrene form
5system that is filled with concrete and includes the concrete used to fill the form.
SB322,4,116 (b) Filing claims. Subject to the limitations provided in this subsection, a
7claimant may claim as a credit against the taxes imposed under s. 71.23, up to the
8amount of the taxes, an amount equal to the amount that the claimant paid in the
9taxable year to purchase for use in this state, or to manufacture in this state,
10insulating concrete forms used to construct the foundation walls, frost walls, or
11insulated interior or exterior walls of any building.
SB322,4,1412 (c) Limitations. 1. No person may claim a credit under this subsection for any
13item for which the person has received a rebate under any state program, including
14a state program operated in conjunction with private entities.
SB322,4,2215 2. Partnerships, limited liability companies, and tax-option corporations may
16not claim the credit under this subsection, but the eligibility for, and the amount of,
17the credit are based on their payment of the amount described under par. (b). A
18partnership, limited liability company, or tax-option corporation shall compute the
19amount of credit that each of its partners, members, or shareholders may claim and
20shall provide that information to each of them. Partners, members of limited liability
21companies, and shareholders of tax-option corporations may claim the credit in
22proportion to their ownership interests.
SB322,4,2423 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
24sub. (4), applies to the credit under this subsection.
SB322,7 25Section 7. 71.30 (3) (dr) of the statutes is created to read:
SB322,5,1
171.30 (3) (dr) Insulating concrete forms credit under s. 71.28 (9g).
SB322,8 2Section 8. 71.34 (1k) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
3is amended to read:
SB322,5,74 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
5corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
6(3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (4), (5), (5e), (5f), (5g), (5h),
7(5i), (5j), (5k), (5r), (5rm), (6n), and (8r), and (9g) and passed through to shareholders.
SB322,9 8Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:
SB322,5,159 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
10computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn),
11(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), (9g), and (9s) and not
12passed through by a partnership, limited liability company, or tax-option
13corporation that has added that amount to the partnership's, limited liability
14company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and
15the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).
SB322,10 16Section 10. 71.47 (9g) of the statutes is created to read:
SB322,5,1817 71.47 (9g) Insulating concrete forms credit. (a) Definitions. In this
18subsection:
SB322,5,1919 1. "Claimant" means a person who files a claim under this subsection.
SB322,5,2120 2. "Insulating concrete form" means a hollow expandable polystyrene form
21system that is filled with concrete and includes the concrete used to fill the form.
SB322,6,222 (b) Filing claims. Subject to the limitations provided in this subsection, a
23claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
24amount of the taxes, an amount equal to the amount that the claimant paid in the
25taxable year to purchase for use in this state, or to manufacture in this state,

1insulating concrete forms used to construct the foundation walls, frost walls, or
2insulated interior or exterior walls of any building.
SB322,6,53 (c) Limitations. 1. No person may claim a credit under this subsection for any
4item for which the person has received a rebate under any state program, including
5a state program operated in conjunction with private entities.
SB322,6,136 2. Partnerships, limited liability companies, and tax-option corporations may
7not claim the credit under this subsection, but the eligibility for, and the amount of,
8the credit are based on their payment of the amount described under par. (b). A
9partnership, limited liability company, or tax-option corporation shall compute the
10amount of credit that each of its partners, members, or shareholders may claim and
11shall provide that information to each of them. Partners, members of limited liability
12companies, and shareholders of tax-option corporations may claim the credit in
13proportion to their ownership interests.
SB322,6,1514 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
15s. 71.28 (4), applies to the credit under this subsection.
SB322,11 16Section 11. 71.49 (1) (dr) of the statutes is created to read:
SB322,6,1717 71.49 (1) (dr) Insulating concrete forms credit under s. 71.47 (9g).
SB322,12 18Section 12. Initial applicability.
SB322,6,1919 (1) This act first applies to taxable years beginning on January 1, 2014.
SB322,6,2020 (End)
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