SB59,599,2420
2. Sales or rentals of properties that are similar to the property being assessed
21with regard to age, condition, use, type of construction, location, design, physical
22features, and economic characteristics, including similarities in occupancy and the
23potential to generate rental income. For purposes of this subdivision, such
24properties may be found locally, regionally, or nationally.
SB59,600,2
1(b) For purposes of par. (a), a property is not comparable if any of the following
2applies:
SB59,600,63
1. At or before the time of sale, the seller places any deed restriction on the
4property that changes the highest and best use, as defined in sub. (1), of the property,
5or prohibits competition, so that it no longer qualifies as a comparable property
6under par. (a) 1. or 2. and the property being assessed lacks such a restriction.
SB59,600,117
2. The property is dark property and the property being assessed is not dark
8property. In this subdivision, “dark property” means property that is vacant or
9unoccupied beyond the normal period for property in the same real estate market
10segment. For purposes of this subdivision, what is considered vacant or unoccupied
11beyond the normal period may vary depending on the property location.
SB59,600,1712
(c) For purposes of par. (a), “real estate market segment” means a pool of
13potential buyers and sellers that typically buy or sell properties similar to the
14property being assessed, including potential buyers who are investors or
15owner-occupants. For purposes of this paragraph, and depending on the type of
16property being assessed, the pool of potential buyers and sellers may be found locally,
17regionally, nationally, or internationally.
SB59,600,1918
(d) The department of revenue shall assist local assessors with implementing
19and applying this subsection.
SB59,832
20Section
832. 71.01 (1as) of the statutes is repealed.
SB59,833
21Section
833. 71.01 (6) (c) of the statutes is repealed.
SB59,834
22Section
834. 71.01 (6) (j) 3. m. of the statutes is created to read:
SB59,600,2423
71.01
(6) (j) 3. m. Sections 101 (m), (n), (o), (p), and (q) and 104 (a) of division
24U of P.L.
115-141.
SB59,835
25Section
835. 71.01 (6) (k) 3. of the statutes is amended to read:
SB59,601,4
171.01
(6) (k) 3. For purposes of this paragraph, “
Internal Revenue Code" does
2not include amendments to the federal Internal Revenue Code enacted after
3December 31, 2016, except that “Internal Revenue Code” includes sections 11024,
411025, and 13543 of P.L.
115-97 and sections 40307 and 40413 of P.L. 115-123.
SB59,836
5Section
836. 71.01 (6) (L) 1. of the statutes is amended to read:
SB59,601,106
71.01
(6) (L) 1. For taxable years beginning after December 31, 2017,
and
7before January 1, 2019, for individuals and fiduciaries, except fiduciaries of nuclear
8decommissioning trust or reserve funds, “Internal Revenue Code" means the federal
9Internal Revenue Code as amended to December 31, 2017, except as provided in
10subds. 2. and 3. and s. 71.98 and subject to subd. 4.
SB59,837
11Section
837. 71.01 (6) (L) 4. of the statutes is amended to read:
SB59,601,1712
71.01
(6) (L) 4. For purposes of this paragraph, the provisions of federal public
13laws that directly or indirectly affect the Internal Revenue Code, as defined in this
14paragraph, apply for Wisconsin purposes at the same time as for federal purposes
,
15except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207,
1613306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97
17first apply for taxable years beginning after December 31, 2017.
SB59,838
18Section
838. 71.01 (6) (m) of the statutes is created to read:
SB59,601,2319
71.01
(6) (m) 1. For taxable years beginning after December 31, 2018, for
20individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or
21reserve funds, “Internal Revenue Code" means the federal Internal Revenue Code
22as amended to December 31, 2018, except as provided in subds. 2. and 3. and s. 71.98
23and subject to subd. 4.
SB59,602,1924
2. For purposes of this paragraph, “Internal Revenue Code" does not include
25the following provisions of federal public laws for taxable years beginning after
1December 31, 2018: section 13113 of P.L.
103-66; sections 1, 3, 4, and 5 of P.L.
2106-519; sections 101, 102, and 422 of P.L.
108-357; sections 1310 and 1351 of P.L.
3109-58; section 11146 of P.L.
109-59; section 403 (q) of P.L.
109-135; section 513 of
4P.L.
109-222; sections 104 and 307 of P.L.
109-432; sections 8233 and 8235 of P.L.
5110-28; section 11 (e) and (g) of P.L.
110-172; section 301 of P.L.
110-245; section
615351 of P.L.
110-246; section 302 of division A, section 401 of division B, and sections
7312, 322, 502 (c), 707, and 801 of division C of P.L.
110-343; sections 1232, 1241, 1251,
81501, and 1502 of division B of P.L.
111-5; sections 211, 212, 213, 214, and 216 of P.L.
9111-226; sections 2011 and 2122 of P.L.
111-240; sections 753, 754, and 760 of P.L.
10111-312; section 1106 of P.L.
112-95; sections 104, 318, 322, 323, 324, 326, 327, and
11411 of P.L.
112-240; P.L.
114-7; section 1101 of P.L.
114-74; section 305 of division
12P of P.L.
114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to
13171, 189, 191, 307, 326, and 411 of division Q of P.L.
114-113; sections 11011, 13201
14(a) to (e) and (g), 13801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213,
1514214, 14215, 14221, 14222, 14301, 14302, 14304, and 14401 of P.L.
115-97; sections
1640304, 40305, 40306, and 40412 of P.L.
115-123; section 101 (c) of division T of P.L.
17115-141; and sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and
18(195), (b) (13), (17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of
19division U of P.L.
115-141.
SB59,602,2120
3. For purposes of this paragraph, “Internal Revenue Code" does not include
21amendments to the federal Internal Revenue Code enacted after December 31, 2018.
SB59,603,422
4. For purposes of this paragraph, the provisions of federal public laws that
23directly or indirectly affect the Internal Revenue Code, as defined in this paragraph,
24apply for Wisconsin purposes at the same time as for federal purposes, except that
25changes made by sections 11012, 13221, 13301, 13304 (a) and (b), 13531, and 13601
1of P.L.
115-97, 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308, 40309,
240311, 40414, 41101, 41107, 41115, and 41116 of PL.
115-123 and section 101 (a), (b),
3and (h) of division U of P.L.
115-141 apply for taxable years beginning after
4December 31, 2018.
SB59,839
5Section
839. 71.01 (7g) of the statutes is created to read:
SB59,603,76
71.01
(7g) For purposes of sub. (6) (b), 2013 stats., “
Internal Revenue Code”
7includes section 109 of division U of P.L.
115-141.
SB59,840
8Section 840
. 71.01 (8j) of the statutes is created to read:
SB59,603,119
71.01
(8j) For purposes of ss. 71.05 (6) (a) 30., 71.21 (7), 71.26 (3) (e) 4., 71.34
10(1k) (o), and 71.45 (2) (a) 20., “moving expenses” means expenses incurred to move
11the operation of a business, including all of the following:
SB59,603,1212
(a) Vehicle rentals.
SB59,603,1313
(b) Storage rentals.
SB59,603,1414
(c) Moving company expenses for packing, unpacking, and transportation.
SB59,603,1515
(d) Consulting fees and surveys.
SB59,603,1616
(e) Brokerage commissions or fees.
SB59,603,1717
(f) Architecture, design, and remodeling expenses.
SB59,603,1818
(g) Expenses paid or incurred to sell property in this state.
SB59,603,1919
(h) Loss on the sale of property in this state.
SB59,603,2020
(i) Lease cancellation fees.
SB59,603,2121
(j) Expenses paid or incurred for professional services, including legal services.
SB59,603,2222
(k) Utility fees.
SB59,603,2323
(L) Employee wages.
SB59,603,2424
(m) Reimbursement of an employee's expenses.
SB59,603,2525
(n) The cost of meals, lodging, and fuel.
SB59,604,1
1(o) Mileage deductions for vehicle use.
SB59,841
2Section
841. 71.04 (7) (dh) 3. of the statutes is amended to read:
SB59,604,63
71.04
(7) (dh) 3.
Except as provided in subd. 4., if If the purchaser of a service
4receives the benefit of a service in more than one state, the gross receipts from the
5performance of the service are included in the numerator of the sales factor according
6to the portion of the service received in this state.
SB59,842
7Section
842. 71.04 (7) (dh) 4. of the statutes is repealed.
SB59,843
8Section
843. 71.04 (7) (dj) 1. (intro.) of the statutes is renumbered 71.04 (7)
9(dj) (intro.) and amended to read:
SB59,604,1510
71.04
(7) (dj) (intro.) Except as provided in
subd. 2. and par. (df), gross royalties
11and other gross receipts received for the use or license of intangible property,
12including patents, copyrights, trademarks, trade names, service names, franchises,
13licenses, plans, specifications, blueprints, processes, techniques, formulas, designs,
14layouts, patterns, drawings, manuals, technical know-how, contracts, and customer
15lists, are sales in this state if any of the following applies:
SB59,844
16Section
844. 71.04 (7) (dj) 1. a. of the statutes is renumbered 71.04 (7) (dj) 1m.
17and amended to read:
SB59,604,2418
71.04
(7) (dj) 1m. The purchaser or licensee uses the intangible property in the
19operation of a trade or business at a location in this state.
Except as provided in subd.
202., if If the purchaser or licensee uses the intangible property in the operation of a
21trade or business in more than one state, the gross royalties and other gross receipts
22from the use of the intangible property shall be divided between those states having
23jurisdiction to impose an income tax on the taxpayer in proportion to the use of the
24intangible property in those states.
SB59,845
25Section
845. 71.04 (7) (dj) 1. b. of the statutes is renumbered 71.04 (7) (dj) 2m.
SB59,846
1Section
846. 71.04 (7) (dj) 1. c. of the statutes is renumbered 71.04 (7) (dj) 3m.
SB59,847
2Section
847. 71.04 (7) (dj) 2. of the statutes is repealed.
SB59,848
3Section
848. 71.04 (7) (g) of the statutes is repealed.
SB59,849
4Section
849. 71.05 (1) (c) 14. of the statutes is created to read:
SB59,605,85
71.05
(1) (c) 14. The Wisconsin Health and Educational Facilities Authority
6under s. 231.03 (6), if the bonds or notes are issued in an amount totaling $35,000,000
7or less, and to the extent that the interest income received is not otherwise exempt
8under this subsection.
SB59,850
9Section
850. 71.05 (6) (a) 15. of the statutes is amended to read:
SB59,605,1610
71.05
(6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the
11credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r),
12(3rm), (3rn), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5f), (5h), (5i), (5j), (5k), (5r),
13(5rm), (6n),
(8b), (8r), and (10) and not passed through by a partnership, limited
14liability company, or tax-option corporation that has added that amount to the
15partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or
1671.34 (1k) (g).
SB59,851
17Section 851
. 71.05 (6) (a) 29. of the statutes is created to read:
SB59,605,1918
71.05
(6) (a) 29. For an account holder or an account holder's estate, with regard
19to an account described under s. 71.10 (10):
SB59,605,2120
a. Any amount that is distributed to an account holder under s. 71.10 (10) (d)
213. or to an account holder's estate under s. 71.10 (10) (d) 4.
SB59,606,222
b. Any amount that is withdrawn from the account for any reason other than
23payment or reimbursement of eligible costs as defined under s. 71.10 (10) (a) 3.,
24except that this subd. 29. b. does not apply to the transfer of funds to another account
1as described under s. 71.10 (10) (c) 4. or funds that are disbursed pursuant to a filing
2for bankruptcy protection under
11 USC 101 et seq.
SB59,852
3Section
852. 71.05 (6) (a) 30. of the statutes is created to read:
SB59,606,84
71.05
(6) (a) 30. The amount deducted under the Internal Revenue Code as
5moving expenses, as defined in s. 71.01 (8j), paid or incurred during the taxable year
6to move the taxpayer's Wisconsin business operation, in whole or in part, to a location
7outside the state or to move the taxpayer's business operation outside the United
8States.
SB59,853
9Section
853. 71.05 (6) (b) 9. of the statutes is renumbered 71.05 (6) (b) 9.
10(intro.) and amended to read:
SB59,607,211
71.05
(6) (b) 9. (intro.) On assets held more than one year and on all assets
12acquired from a decedent, 30 percent of the capital gain as computed under the
13internal revenue code Internal Revenue Code, not including capital gains for which
14the federal tax treatment is determined under section 406 of P.L.
99-514; not
15including amounts treated as ordinary income for federal income tax purposes
16because of the recapture of depreciation or any other reason; and not including
17amounts treated as capital gain for federal income tax purposes from the sale or
18exchange of a lottery prize. For purposes of this subdivision, the capital gains and
19capital losses for all assets shall be netted before application of the percentage.
For
20taxable years beginning after December 31, 2018, this subdivision does not apply to
21any of the following individuals whose federal adjusted gross income in the year to
22which the subtraction relates exceeds the following threshold amounts, except that
23for a taxpayer whose federal adjusted gross income, less 30 percent of eligible
24long-term capital gains from nonfarm assets, is below the specified threshold
25amount, the taxpayer may claim the subtraction under this subdivision reduced by
1the amount of the taxpayer's federal adjusted gross income that exceeds the
2threshold amount:
SB59,854
3Section
854. 71.05 (6) (b) 9. a. of the statutes is created to read:
SB59,607,54
71.05
(6) (b) 9. a. For an estate, a trust, a single individual, or an individual who
5files as a head of household, $100,000.
SB59,855
6Section
855. 71.05 (6) (b) 9. b. of the statutes is created to read:
SB59,607,77
71.05
(6) (b) 9. b. For a married couple who files a joint return, $150,000.
SB59,856
8Section
856. 71.05 (6) (b) 9. c. of the statutes is created to read:
SB59,607,99
71.05
(6) (b) 9. c. For a married individual who files a separate return, $75,000.
SB59,857
10Section
857. 71.05 (6) (b) 17. of the statutes is repealed.
SB59,858
11Section
858. 71.05 (6) (b) 18. of the statutes is repealed.
SB59,859
12Section
859. 71.05 (6) (b) 19. c. of the statutes is amended to read:
SB59,607,1813
71.05
(6) (b) 19. c. For
taxable years beginning before January 1, 2020, for a
14person who is a nonresident or a part-year resident of this state, modify the amount
15calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
16of which is the person's net earnings from a trade or business that are taxable by this
17state and the denominator of which is the person's total net earnings from a trade
18or business.
SB59,860
19Section
860. 71.05 (6) (b) 19. cm. of the statutes is created to read:
SB59,608,720
71.05
(6) (b) 19. cm. For taxable years beginning after December 31, 2019, for
21a person who is a nonresident or a part-year resident of this state, modify the amount
22calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
23of which is the person's wages, salary, tips, unearned income, and net earnings from
24a trade or business that are taxable by this state and the denominator of which is the
25person's total wages, salary, tips, unearned income, and net earnings from a trade
1or business. In this subdivision, for married persons filing separately “wages, salary,
2tips, unearned income, and net earnings from a trade or business" means the
3separate wages, salary, tips, unearned income, and net earnings from a trade or
4business of each spouse, and for married persons filing jointly “wages, salary, tips,
5unearned income, and net earnings from a trade or business" means the total wages,
6salary, tips, unearned income, and net earnings from a trade or business of both
7spouses.
SB59,861
8Section
861. 71.05 (6) (b) 19. d. of the statutes is amended to read:
SB59,608,119
71.05
(6) (b) 19. d.
Reduce
For taxable years beginning before January 1, 2020,
10reduce the amount calculated under subd. 19. b. or c. to the person's aggregate net
11earnings from a trade or business that are taxable by this state.
SB59,862
12Section
862. 71.05 (6) (b) 19. dm. of the statutes is created to read:
SB59,608,1613
71.05
(6) (b) 19. dm. For taxable years beginning after December 31, 2019,
14reduce the amount calculated under subd. 19. b. or cm. to the person's aggregate
15wages, salary, tips, unearned income, and net earnings from a trade or business that
16are taxable by this state.
SB59,863
17Section
863. 71.05 (6) (b) 20. of the statutes is repealed.
SB59,864
18Section
864. 71.05 (6) (b) 36. of the statutes is repealed.
SB59,865
19Section
865. 71.05 (6) (b) 37. of the statutes is repealed.
SB59,866
20Section
866. 71.05 (6) (b) 39. of the statutes is repealed.
SB59,867
21Section
867. 71.05 (6) (b) 40. of the statutes is repealed.
SB59,868
22Section
868. 71.05 (6) (b) 41. of the statutes is repealed.
SB59,869
23Section 869
. 71.05 (6) (b) 43. d. of the statutes is amended to read:
SB59,609,3
171.05
(6) (b) 43. d. For taxable years beginning after December 31, 2013,
and
2before January 1, 2020, up to $3,000 if the claimant has one qualified individual and
3up to $6,000 if the claimant has more than one qualified individual.
SB59,870
4Section
870. 71.05 (6) (b) 49. a. of the statutes is amended to read: