SB21,2420
22Section
2420. 71.47 (3w) (a) 3. of the statutes is amended to read:
SB21,993,2523
71.47
(3w) (a) 3. "Full-time employee" means a full-time employee, as defined
24in
s. 235.399 (1) (am) or s. 238.399 (1) (am)
, 2013 stats., or s. 560.799 (1) (am), 2009
25stats.
SB21,2421
1Section
2421. 71.47 (3w) (a) 4. of the statutes is amended to read:
SB21,994,32
71.47
(3w) (a) 4. "Enterprise zone" means a zone designated under
s. 235.399
3or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats.
SB21,2422
4Section
2422. 71.47 (3w) (a) 5d. of the statutes is amended to read:
SB21,994,75
71.47
(3w) (a) 5d. "Tier I county or municipality" means a tier I county or
6municipality, as determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
72009 stats.
SB21,2423
8Section
2423. 71.47 (3w) (a) 5e. of the statutes is amended to read:
SB21,994,119
71.47
(3w) (a) 5e. "Tier II county or municipality" means a tier II county or
10municipality, as determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
112009 stats.
SB21,2424
12Section
2424. 71.47 (3w) (b) (intro.) of the statutes is amended to read:
SB21,994,1613
71.47
(3w) (b)
Filing claims; payroll. (intro.) Subject to the limitations
14provided in this subsection and
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799,
152009 stats., a claimant may claim as a credit against the tax imposed under s. 71.43
16an amount calculated as follows:
SB21,2425
17Section
2425. 71.47 (3w) (b) 5. of the statutes is amended to read:
SB21,994,2018
71.47
(3w) (b) 5. Multiply the amount determined under subd. 4. by the
19percentage determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799, 2009
20stats., not to exceed 7 percent.
SB21,2426
21Section
2426. 71.47 (3w) (bm) 1. of the statutes is amended to read:
SB21,995,722
71.47
(3w) (bm) 1. In addition to the credits under par. (b) and subds. 2., 3., and
234., and subject to the limitations provided in this subsection and
s. 235.399 or s.
24238.399
, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit
25against the tax imposed under s. 71.43 an amount equal to a percentage, as
1determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats., not
2to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade
3or improve the job-related skills of any of the claimant's full-time employees, to train
4any of the claimant's full-time employees on the use of job-related new technologies,
5or to provide job-related training to any full-time employee whose employment with
6the claimant represents the employee's first full-time job. This subdivision does not
7apply to employees who do not work in an enterprise zone.
SB21,2427
8Section
2427. 71.47 (3w) (bm) 2. of the statutes is amended to read:
SB21,995,239
71.47
(3w) (bm) 2. In addition to the credits under par. (b) and subds. 1., 3., and
104., and subject to the limitations provided in this subsection and
s. 235.399 or s.
11238.399
, 2013 stats., or s. 560.799, 2009 stats., a claimant may claim as a credit
12against the tax imposed under s. 71.43 an amount equal to the percentage, as
13determined under
s. 235.399 or s. 238.399
, 2013 stats., or s. 560.799, 2009 stats., not
14to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of
15the claimant's full-time employees whose annual wages are greater than the amount
16determined by multiplying 2,080 by 150 percent of the federal minimum wage in a
17tier I county or municipality, not including the wages paid to the employees
18determined under par. (b) 1., or greater than $30,000 in a tier II county or
19municipality, not including the wages paid to the employees determined under par.
20(b) 1., and who the claimant employed in the enterprise zone in the taxable year, if
21the total number of such employees is equal to or greater than the total number of
22such employees in the base year. A claimant may claim a credit under this
23subdivision for no more than 5 consecutive taxable years.
SB21,2428
24Section
2428. 71.47 (3w) (bm) 3. of the statutes is amended to read:
SB21,996,7
171.47
(3w) (bm) 3. In addition to the credits under par. (b) and subds. 1., 2., and
24., and subject to the limitations provided in this subsection and
s. 235.399 or s.
3238.399
, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after
4December 31, 2008, a claimant may claim as a credit against the tax imposed under
5s. 71.43 up to 10 percent of the claimant's significant capital expenditures, as
6determined under
s. 235.399 (5m) or s. 238.399 (5m)
, 2013 stats., or s. 560.799 (5m),
72009 stats.
SB21,2429
8Section
2429. 71.47 (3w) (bm) 4. of the statutes is amended to read:
SB21,996,189
71.47
(3w) (bm) 4. In addition to the credits under par. (b) and subds. 1., 2., and
103., and subject to the limitations provided in this subsection and
s. 235.399 or s.
11238.399
, 2013 stats., or s. 560.799, 2009 stats., for taxable years beginning after
12December 31, 2009, a claimant may claim as a credit against the tax imposed under
13s. 71.43, up to 1 percent of the amount that the claimant paid in the taxable year to
14purchase tangible personal property, items, property, or goods under s. 77.52 (1) (b),
15(c), or (d), or services from Wisconsin vendors, as determined under
s. 235.399 (5) (e)
16or s. 238.399 (5) (e)
, 2013 stats., or s. 560.799 (5) (e), 2009 stats., except that the
17claimant may not claim the credit under this subdivision and subd. 3. for the same
18expenditures.
SB21,2430
19Section
2430. 71.47 (3w) (c) 3. of the statutes is amended to read:
SB21,996,2320
71.47
(3w) (c) 3. No credit may be allowed under this subsection unless the
21claimant includes with the claimant's return a copy of the claimant's certification for
22tax benefits under
s. 235.399 (5) or (5m) or s. 238.399 (5) or (5m)
, 2013 stats., or s.
23560.799 (5) or (5m), 2009 stats.
SB21,2431
24Section
2431. 71.47 (3w) (d) of the statutes is amended to read:
SB21,997,6
171.47
(3w) (d)
Administration. Section 71.28 (4) (g) and (h), as it applies to the
2credit under s. 71.28 (4), applies to the credit under this subsection. Claimants shall
3include with their returns a copy of their certification for tax benefits, and a copy of
4the verification of their expenses, from the department of commerce or the Wisconsin
5Economic Development Corporation
or the Forward Wisconsin Development
6Authority.
SB21,2432
7Section
2432. 71.47 (3y) of the statutes is created to read:
SB21,997,88
71.47
(3y) Business development credit. (a)
Definitions. In this subsection:
SB21,997,99
1. "Claimant" means a person certified to receive tax benefits under s. 235.308.
SB21,997,1010
2. "Eligible position" has the meaning given in s. 235.308 (1) (a).
SB21,997,1311
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
12235.308, for taxable years beginning after December 31, 2015, a claimant may claim
13as a credit against the tax imposed under ss. 71.02 and 71.08 all of the following:
SB21,997,1614
1. The amount of wages that the claimant paid to an employee in an eligible
15position in the taxable year, not to exceed 10 percent of such wages, as determined
16by the Forward Wisconsin Development Authority under s. 235.308.
SB21,997,2017
2. The amount of wages that the claimant paid to an employee in an eligible
18position in the taxable year, not to exceed 5 percent of such wages, if the employee
19is employed in an eligible position at the claimant's business in an economically
20distressed area, as determined by the Forward Wisconsin Development Authority.
SB21,997,2321
3. The amount of training costs that the claimant incurred under s. 235.308 (4)
22(a) 3., not to exceed 50 percent of such costs, as determined by the Forward Wisconsin
23Development Authority.
SB21,998,224
4. The amount of the personal property investment, not to exceed 3 percent of
25such investment, and the amount of the real property investment, not to exceed 5
1percent of such investment, in a capital investment project that satisfies s. 235.308
2(4) (a) 4., as determined by the Forward Wisconsin Development Authority.
SB21,998,103
(c)
Limitations. 1. Partnerships, limited liability companies, and tax-option
4corporations may not claim the credit under this subsection, but the eligibility for,
5and the amount of, the credit are based on their payment of amounts under par. (b).
6A partnership, limited liability company, or tax-option corporation shall compute
7the amount of credit that each of its partners, members, or shareholders may claim
8and shall provide that information to each of them. Partners, members of limited
9liability companies, and shareholders of tax-option corporations may claim the
10credit in proportion to their ownership interests.
SB21,998,1311
2. No credit may be allowed under this subsection unless the claimant includes
12with the claimant's return a copy of the claimant's certification for tax benefits under
13s. 235.308.
SB21,998,1514
(d)
Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
15credit under s. 71.28 (4), applies to the credit under this subsection.
SB21,998,2016
2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise
17due under s. 71.43, the amount of the claim not used to offset the tax due shall be
18certified by the department of revenue to the department of administration for
19payment by check, share draft, or other draft drawn from the appropriation account
20under s. 20.835 (2) (bg).
SB21,2433
21Section
2433. 71.47 (4) (ad) 1. of the statutes is amended to read:
SB21,999,1122
71.47
(4) (ad) 1. Except as provided in subds. 2. and 3., any corporation may
23credit against taxes otherwise due under this chapter an amount equal to 5 percent
24of the amount obtained by subtracting from the corporation's qualified research
25expenses, as defined in section
41 of the Internal Revenue Code, except that
1"qualified research expenses" includes only expenses incurred by the claimant,
2incurred for research conducted in this state for the taxable year, except that a
3taxpayer may elect the alternative computation under section
41 (c) (4) of the
4Internal Revenue Code and that election applies until the department permits its
5revocation, except as provided in par. (af), and except that "qualified research
6expenses" does not include compensation used in computing the credit under
subs.
7(1dj) and sub. (1dx), the corporation's base amount, as defined in section
41 (c) of the
8Internal Revenue Code, except that gross receipts used in calculating the base
9amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9)
10(b) 1. and 2., (df) 1. and 2., (dh) 1., 2., and 3., (dj), and (dk). Section
41 (h) of the
11Internal Revenue Code does not apply to the credit under this paragraph.
SB21,2434
12Section
2434. 71.47 (4) (ad) 2. of the statutes is amended to read:
SB21,999,2513
71.47
(4) (ad) 2. For taxable years beginning after June 30, 2007, any
14corporation may credit against taxes otherwise due under this chapter an amount
15equal to 10 percent of the amount obtained by subtracting from the corporation's
16qualified research expenses, as defined in section
41 of the Internal Revenue Code,
17except that "qualified research expenses" includes only expenses incurred by the
18claimant for research related to designing internal combustion engines for vehicles,
19including expenses related to designing vehicles that are powered by such engines
20and improving production processes for such engines and vehicles, incurred for
21research conducted in this state for the taxable year, except that a taxpayer may elect
22the alternative computation under section
41 (c) (4) of the Internal Revenue Code
23and that election applies until the department permits its revocation, except as
24provided in par. (af), and except that "qualified research expenses" does not include
25compensation used in computing the credit under
subs. (1dj) and sub. (1dx), the
1corporation's base amount, as defined in section
41 (c) of the Internal Revenue Code,
2except that gross receipts used in calculating the base amount means gross receipts
3from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1. and 2., (dh)
41., 2., and 3., (dj), and (dk). Section
41 (h) of the Internal Revenue Code does not apply
5to the credit under this paragraph.
SB21,2435
6Section
2435. 71.47 (4) (ad) 3. of the statutes is amended to read:
SB21,1000,257
71.47
(4) (ad) 3. For taxable years beginning after June 30, 2007, any
8corporation may credit against taxes otherwise due under this chapter an amount
9equal to 10 percent of the amount obtained by subtracting from the corporation's
10qualified research expenses, as defined in section
41 of the Internal Revenue Code,
11except that "qualified research expenses" includes only expenses incurred by the
12claimant for research related to the design and manufacturing of energy efficient
13lighting systems, building automation and control systems, or automotive batteries
14for use in hybrid-electric vehicles, that reduce the demand for natural gas or
15electricity or improve the efficiency of its use, incurred for research conducted in this
16state for the taxable year, except that a taxpayer may elect the alternative
17computation under section
41 (c) (4) of the Internal Revenue Code and that election
18applies until the department permits its revocation, except as provided in par. (af),
19and except that "qualified research expenses" does not include compensation used
20in computing the credit under
subs. (1dj) and sub. (1dx), the corporation's base
21amount, as defined in section
41 (c) of the Internal Revenue Code, except that gross
22receipts used in calculating the base amount means gross receipts from sales
23attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1. and 2., (dh) 1., 2., and
243., (dj), and (dk). Section
41 (h) of the Internal Revenue Code does not apply to the
25credit under this paragraph.
SB21,2436
1Section
2436. 71.47 (4) (am) of the statutes is amended to read:
SB21,1002,82
71.47
(4) (am)
Development zone additional research credit. In addition to the
3credit under par. (ad), any corporation may credit against taxes otherwise due under
4this chapter an amount equal to 5 percent of the amount obtained by subtracting
5from the corporation's qualified research expenses, as defined in section
41 of the
6Internal Revenue Code, except that "qualified research expenses" include only
7expenses incurred by the claimant in a development zone under
subch. III of ch. 235
8or subch. II of ch. 238
, 2013 stats., or subch. VI of ch. 560, 2009 stats., except that a
9taxpayer may elect the alternative computation under section
41 (c) (4) of the
10Internal Revenue Code and that election applies until the department permits its
11revocation and except that "qualified research expenses"
do does not include
12compensation used in computing the credit under sub. (1dj) nor research expenses
13incurred before the claimant is certified for tax benefits under
s. 235.365 (3) or s.
14238.365 (3)
, 2013 stats., or s. 560.765 (3), 2009 stats.,
or the corporation's base
15amount, as defined in section
41 (c) of the Internal Revenue Code, in a development
16zone, except that gross receipts used in calculating the base amount means gross
17receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1.
18and 2., (dh) 1., 2., and 3., (dj), and (dk) and research expenses used in calculating the
19base amount include research expenses incurred before the claimant is certified for
20tax benefits under
s. 235.365 (3) or s. 238.365 (3)
, 2013 stats., or s. 560.765 (3), 2009
21stats., in a development zone, if the claimant submits with the claimant's return a
22copy of the claimant's certification for tax benefits under
s. 235.365 (3) or s. 238.365
23(3)
, 2013 stats., or s. 560.765 (3), 2009 stats., and a statement from the department
24of commerce or the Wisconsin Economic Development Corporation
or the Forward
25Wisconsin Development Authority verifying the claimant's qualified research
1expenses for research conducted exclusively in a development zone. The rules under
2s. 73.03 (35) apply to the credit under this paragraph.
The rules under sub. (1di) (f)
3and (g) as they apply to the credit under that subsection apply to claims under this
4paragraph. Section
41 (h) of the Internal Revenue Code does not apply to the credit
5under this paragraph. No credit may be claimed under this paragraph for taxable
6years that begin on January 1, 1998, or thereafter. Credits under this paragraph for
7taxable years that begin before January 1, 1998, may be carried forward to taxable
8years that begin on January 1, 1998, or thereafter.
SB21,2437
9Section
2437. 71.47 (4m) (a) of the statutes is amended to read:
SB21,1002,1510
71.47
(4m) (a)
Definition. In this subsection, "qualified research expenses"
11means qualified research expenses as defined in section
41 of the Internal Revenue
12Code, except that "qualified research expenses" includes only expenses incurred by
13the claimant for research conducted in this state for the taxable year and except that
14"qualified research expenses"
do does not include compensation used in computing
15the
credits credit under
subs. (1dj) and sub. (1dx).
SB21,2438
16Section
2438. 71.47 (5b) (a) 2. of the statutes is amended to read:
SB21,1002,1817
71.47
(5b) (a) 2. "Fund manager" means an investment fund manager certified
18under
s. 235.15 (2) or s. 238.15 (2)
, 2013 stats., or s. 560.205 (2), 2009 stats.
SB21,2439
19Section
2439. 71.47 (5b) (b) 1. of the statutes is amended to read:
SB21,1003,220
71.47
(5b) (b) 1. For taxable years beginning after December 31, 2004, subject
21to the limitations provided under this subsection and
s. 235.15 or s. 238.15
, 2013
22stats., or s. 560.205, 2009 stats., and except as provided in subd. 2., a claimant may
23claim as a credit against the tax imposed under s. 71.43, up to the amount of those
24taxes, 25 percent of the claimant's investment paid to a fund manager that the fund
1manager invests in a business certified under
s. 235.15 (1) or s. 238.15 (1)
, 2013
2stats., or s. 560.205 (1), 2009 stats.
SB21,2440
3Section
2440. 71.47 (5b) (b) 2. of the statutes is amended to read:
SB21,1003,124
71.47
(5b) (b) 2. In the case of a partnership, limited liability company, or
5tax-option corporation, the computation of the 25 percent limitation under subd. 1.
6shall be determined at the entity level rather than the claimant level and may be
7allocated among the claimants who make investments in the manner set forth in the
8entity's organizational documents. The entity shall provide to the department of
9revenue and to the
department of commerce or the Wisconsin Economic
10Development Corporation Forward Wisconsin Development Authority the names
11and tax identification numbers of the claimants, the amounts of the credits allocated
12to the claimants, and the computation of the allocations.
SB21,2441
13Section
2441. 71.47 (5b) (d) 3. of the statutes is amended to read:
SB21,1003,1814
71.47
(5b) (d) 3. Except as provided under s.
238.15 235.15 (3) (d) (intro.), for
15investments made after December 31, 2007, if an investment for which a claimant
16claims a credit under par. (b) is held by the claimant for less than 3 years, the
17claimant shall pay to the department, in the manner prescribed by the department,
18the amount of the credit that the claimant received related to the investment.
SB21,2442
19Section
2442. 71.47 (5r) (a) 2. of the statutes is amended to read:
SB21,1003,2120
71.47
(5r) (a) 2. "Course of instruction" has the meaning given in s.
38.50 440.52 21(1) (c).
SB21,2443
22Section
2443. 71.47 (5r) (a) 6. b. of the statutes is amended to read:
SB21,1003,2423
71.47
(5r) (a) 6. b. A school
approved
authorized under s.
38.50 440.52, if the
24delivery of education occurs in this state.
SB21,2444
25Section
2444. 71.47 (6) (a) 3. of the statutes is amended to read:
SB21,1004,14
171.47
(6) (a) 3.
For Except as provided in par. (k), for taxable years beginning
2after December 31, 2013,
and before January 1, 2015, any person may claim as a
3credit against taxes otherwise due under s. 71.43, up to the amount of those taxes,
4an amount equal to 20 percent of the costs of qualified rehabilitation expenditures,
5as defined in section
47 (c) (2) of the Internal Revenue Code, for qualified
6rehabilitated buildings, as defined in section
47 (c) (1) of the Internal Revenue Code,
7on property located in this state, if the cost of the person's qualified rehabilitation
8expenditures is at least $50,000 and the rehabilitated property is placed in service
9after December 31, 2013,
and before January 1, 2015, and regardless of whether the
10rehabilitated property is used for multiple or revenue-providing purposes. No credit
11may be claimed under this subdivision for property listed as a contributing building
12in the state register of historic places or in the national register of historic places and
13no credit may be claimed under this subdivision for nonhistoric, nonresidential
14property converted into housing if the property has been previously used for housing.
SB21,2445
15Section
2445. 71.47 (6) (c) (intro.) of the statutes is amended to read:
SB21,1004,2016
71.47
(6) (c) (intro.) No person may claim the credit under par. (a) 2m. unless
17the claimant includes with the claimant's return a copy of the claimant's certification
18under s.
238.17 235.17. For certification purposes under s.
238.17 235.17, the
19claimant shall provide to the
Wisconsin Economic Development Corporation 20Forward Wisconsin Development Authority all of the following:
SB21,2446
21Section
2446. 71.47 (6) (i) of the statutes is created to read:
SB21,1005,222
71.47
(6) (i) 1. a. Except as provided in subd. 1. b., if the activity for which a
23person claims a credit under this subsection creates fewer full-time jobs than
24projected under s. 235.17 (3) (a), as reported to the department under s. 235.17 (4),
25the person who claimed the credit shall repay to the department any amount of the
1credit claimed, as determined by the department, in proportion to the number of
2full-time jobs created compared to the number of full-time jobs projected.
SB21,1005,43
b. For purposes of subd. 1. a., the person who initially sells or transfer a credit
4under par. (h) is responsible for repaying the credit.
SB21,1005,95
2. If a person who claims a credit under this subsection and a credit under
6section
47 of the Internal Revenue Code for the same qualified rehabilitation
7expenditures is required to repay the full amount of the credit claimed under section
847 of the Internal Revenue Code, the person shall repay to the department the
9amount of the credit claimed under this subsection.
SB21,2447
10Section
2447. 71.47 (6) (k) of the statutes is created to read:
SB21,1005,1411
71.47
(6) (k) A person who has incurred qualified rehabilitation expenditures
12under par. (a) 3. before January 1, 2015, may claim the credit under par. (a) 3. for
13taxable years beginning after December 31, 2014, even if the property is not placed
14in service until after December 31, 2014.
SB21,2448
15Section
2448. 71.49 (1) (eb) of the statutes is repealed.
SB21,2449
16Section
2449. 71.49 (1) (ec) of the statutes is repealed.
SB21,2450
17Section
2450. 71.49 (1) (eg) of the statutes is repealed.
SB21,2451
18Section
2451. 71.49 (1) (eh) of the statutes is repealed.
SB21,2452
19Section
2452. 71.49 (1) (ej) of the statutes is repealed.
SB21,2453
20Section
2453. 71.49 (1) (ek) of the statutes is repealed.
SB21,2454
21Section
2454. 71.49 (1) (f) of the statutes is amended to read:
SB21,1006,622
71.49
(1) (f) The total of farmland preservation credit under subch. IX,
23farmland tax relief credit under s. 71.47 (2m), dairy manufacturing facility
24investment credit under s. 71.47 (3p), jobs credit under s. 71.47 (3q), meat processing
25facility investment credit under s. 71.47 (3r), woody biomass harvesting and
1processing credit under s. 71.47 (3rm), food processing plant and food warehouse
2investment credit under s. 71.47 (3rn), enterprise zone jobs credit under s. 71.47
3(3w),
business development credit under s. 71.47 (3y), film production services credit
4under s. 71.47 (5f), film production company investment credit under s. 71.47 (5h),
5beginning farmer and farm asset owner tax credit under s. 71.47 (8r), and estimated
6tax payments under s. 71.48.
SB21,2455
7Section
2455. 71.75 (9) of the statutes is amended to read:
SB21,1006,118
71.75
(9) All refunds
, overpayments, or refundable credits under this chapter
9are subject to attachment under ss. 49.855, 71.93 and 71.935
, and no taxpayer has
10any right to, or interest in, any refund, overpayment, or refundable credit under this
11chapter until setoff under ss. 49.855, 71.93, and 71.935 has been completed.
SB21,2456
12Section
2456. 71.78 (4) (m) of the statutes is amended to read:
SB21,1006,1613
71.78
(4) (m) The chief executive officer of the
Wisconsin Economic
14Development Corporation Forward Wisconsin Development Authority and
15employees of the
corporation authority to the extent necessary to administer the
16development zone program under subch.
II III of ch.
238 235.
SB21,2457
17Section
2457. 71.80 (3) of the statutes is amended to read:
SB21,1007,818
71.80
(3) Crediting of overpayments on individual or separate returns. In
19the case of any overpayment, refundable credit
, or refund on an individual or
20separate return, the department, within the applicable period of limitations, may
21credit the amount of overpayment, refundable credit
, or refund
, including any
22interest allowed, against any liability in respect to any tax collected by the
23department, a debt under s. 71.93 or 71.935 or a certification under s. 49.855 on the
24part of the person who made the overpayment or received the refundable credit or
25the refund and shall refund any balance to the person.
No person has any right to,
1or interest in, any overpayment, refundable credit, or refund, including any interest
2allowed, under this chapter until setoff under ss. 49.855, 71.93, and 71.935 has been
3completed. The department shall presume that the overpayment, refundable credit
4or refund is nonmarital property of the filer. Within 2 years after the crediting, the
5spouse or former spouse of the person filing the return may file a claim for a refund
6of amounts credited by the department if the spouse or former spouse shows by clear
7and convincing evidence that all or part of the state tax overpayment, refundable
8credit or refund was nonmarital property of the nonobligated spouse.
SB21,2458
9Section
2458. 71.80 (3m) (intro.) of the statutes is amended to read:
SB21,1007,1910
71.80
(3m) Crediting of overpayments on joint returns. (intro.) For married
11persons, unless within 20 days after the date of the notice under par. (c) the
12nonobligated spouse shows by clear and convincing evidence that the overpayment,
13refundable credit or refund is the nonmarital property of the nonobligated spouse,
14notwithstanding s. 766.55 (2) (d), the department may credit overpayments,
15refundable credits and refunds, including any interest allowed, resulting from joint
16returns under this chapter as follows
, except that no person has any right to, or
17interest in, any overpayment, refundable credit, or refund, including any interest
18allowed, under this chapter until setoff under ss. 49.855, 71.93, and 71.935 has been
19completed:
SB21,2459
20Section
2459. 71.91 (5) (c) of the statutes is renumbered 71.91 (5) (c) 1. and
21amended to read:
SB21,1008,522
71.91
(5) (c) 1. A like warrant may be issued to any agent of the department
23authorized to collect income or franchise taxes, and in the execution
thereof of the
24warrant and collection of
said the taxes
such the agent shall have the powers of a
25sheriff, but shall not be entitled to collect from the taxpayer any fee or charge for the
1execution of
such the warrant in excess of actual expenses paid in the performance
2of his or her duty. When a warrant is issued to
such
the agent he or she may
proceed
3upon the same act as provided in subd. 2. or may execute the warrant in any county
4of the state designated in the warrant, in the same manner as provided in this
5subchapter with respect to sheriffs of such counties.