71.07(9r)(b)4.
4. The preservation or rehabilitation work is completed within 2 years after the date that the physical work of construction or destruction in preparation for construction begins, except in the case of any preservation or rehabilitation which is initially planned for completion in phases, in which case the work shall be completed within 5 years after the date that the physical work of construction or destruction in preparation for construction begins.
71.07(9r)(b)5.
5. The expenditures for preservation or rehabilitation of the historic property exceed $10,000.
71.07(9r)(b)6.
6. The costs are not incurred to acquire any building or interest in a building or to enlarge existing building.
71.07(9r)(b)7.
7. The costs were not incurred before the state historical society approved the proposed preservation or rehabilitation plan under
subd. 3. b.
71.07(9r)(c)
(c) The Wisconsin adjusted basis of the historic property shall be reduced by the amount of any credit awarded under this subsection.
71.07(9r)(f)
(f) No natural person may claim a credit under this subsection and under
sub. (9m) for the same expenses.
71.07(9r)(i)
(i) If the historic property is owned by 2 or more natural persons that hold legal title or equitable title as a land contract vendee and are not joint tenants, tenants in common or spouses owning marital property, the credit under this subsection may be claimed as follows:
71.07(9r)(i)1.
1. For projects benefiting one owner, a natural person may claim the credit based on eligible costs incurred individually.
71.07(9r)(i)2.
2. For projects benefiting 2 or more owners, a natural person may claim the credit based on eligible costs incurred by the benefiting owners in proportion to the natural person's ownership interest.
71.07(9r)(j)
(j) No natural person may claim the credit under this subsection for any of the following:
71.07(9r)(j)2.
2. Rehabilitation of historic property if the historic property was acquired by the claimant under an agreement requiring the claimant to sell or otherwise dispose of the historic property back to the previous owner within 5 years after the date that the historic property was acquired.
71.07(9r)(k)
(k) A natural person who receives a credit under this subsection shall add to his or her liability for taxes imposed under
s. 71.02 one of the following percentages of the amount of the credits received under this subsection for rehabilitating or preserving the property if, within 5 years after the date on which the preservation or rehabilitation work that was the basis of the credit is completed, the person either sells or conveys the property by deed or land contract or the state historical society certifies to the department of revenue that the historic property has been altered to the extent that it does not comply with the standards promulgated under
s. 44.02 (24):
71.07(9r)(k)1.
1. If the sale, conveyance or noncompliance occurs during the first year after the date on which the preservation or rehabilitation is completed, 100%.
71.07(9r)(k)2.
2. If the sale, conveyance or noncompliance occurs during the 2nd year after the date on which the preservation or rehabilitation is completed, 80%.
71.07(9r)(k)3.
3. If the sale, conveyance or noncompliance occurs during the 3rd year after the date on which the preservation or rehabilitation is completed, 60%.
71.07(9r)(k)4.
4. If the sale, conveyance or noncompliance occurs during the 4th year after the date on which the preservation or rehabilitation is completed, 40%.
71.07(9r)(k)5.
5. If the sale, conveyance or noncompliance occurs during the 5th year after the date on which the preservation or rehabilitation is completed, 20%.
71.07 Cross-reference
Cross Reference: See also ch.
HS 3, Wis. adm. code.
71.07(10)
(10) Credits not allowed. The credits under
s. 71.28 (4) and
(5) may not be claimed by partners, including partners of a publicly traded partnership treated as a corporation under
s. 71.22 (1), members of a limited liability company, including members of a limited liability company treated as a corporation under
s. 77.22 (1), or shareholders of a tax-option corporation.
71.07 History
History: 1987 a. 312;
1987 a. 411 ss.
63,
79 to
82,
85,
86;
1987 a. 419,
422;
1989 a. 31,
44,
56,
100,
359;
1991 a. 39,
269,
292;
1993 a. 16,
112,
204,
471,
491;
1995 a. 27 ss.
3377m to
3393m,
9116 (5);
1995 a. 209,
227,
400,
453;
1997 a. 27,
41,
237,
299;
1999 a. 5,
9,
10,
32;
1999 a. 150 s.
672;
1999 a. 198;
2001 a. 16,
109;
2003 a. 72,
99,
135,
183,
255,
267,
326.
71.08(1)(1)
Imposition. If the tax imposed on a natural person, married couple filing jointly, trust, or estate under
s. 71.02, not considering the credits under
ss. 71.07 (1),
(2dd),
(2de),
(2di),
(2dj),
(2dL),
(2dr),
(2ds),
(2dx),
(2fd),
(3m),
(3n),
(3s),
(3t),
(5b),
(5d),
(6), and
(9e),
71.28 (1dd),
(1de),
(1di),
(1dj),
(1dL),
(1ds),
(1dx),
(1fd),
(2m),
(3),
(3n), and
(3t) and
71.47 (1dd),
(1de),
(1di),
(1dj),
(1dL),
(1ds),
(1dx),
(1fd),
(2m),
(3),
(3n), and
(3t) and
subchs. VIII and
IX and payments to other states under
s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust, or estate, instead of the tax under
s. 71.02, an alternative minimum tax computed as follows:
71.08(1)(a)
(a) Adjust the alternative minimum taxable income, as defined in section
55 (b) (2) of the internal revenue code, by the amounts under
s. 71.05 (6) to
(21), except
s. 71.05 (6) (a) 13. and
(b) 5. and
(8), by the amounts needed to modify federal alternative tax net operating loss deductions to reflect differences between Wisconsin net operating loss deductions and federal net operating loss deductions for minimum tax purposes. The department of revenue shall by rule define Wisconsin net operating loss deductions for minimum tax purposes.
71.08(1)(b)
(b) Subtract the amount under section
57 (a) (5) of the internal revenue code from the amount under
par. (a).
71.08(1)(bm)
(bm) For stocks acquired after December 31, 1987, under incentive stock options, as defined in section
422A (b) of the internal revenue code:
71.08(1)(bm)1.
1. At the time that the incentive stock option is included in alternative minimum taxable income under section
56 (b) (3) of the internal revenue code, subtract from the amount in
par. (b) 20% of the amount included in federal alternative minimum taxable income under section
56 (b) (3) of the internal revenue code.
71.08(1)(bm)2.
2. At the time that the stock that was subject to
subd. 1. is disposed of, add 20% of the gain or loss adjustment resulting from the basis adjustment made under section
56 (b) (3) of the internal revenue code to the amount in
par. (b).
71.08(1)(c)
(c) For nonresidents and part-year residents, adjust the amount under
par. (bm) so that itemized deductions and personal exemptions are prorated on the basis of the ratio of Wisconsin adjusted gross income to federal adjusted gross income.
71.08(1)(d)
(d) Subtract from the amount under
par. (c) the appropriate amount under section
55 (d) (1) and (3) of the internal revenue code; except that surviving spouses shall be treated as single individuals; except that the amount under
par. (c), not the federal alternative minimum taxable income, shall be used in calculating the phase-out and except that for nonresidents and part-year residents the amount under section
55 (d) (1) and (3) of the internal revenue code shall be prorated on the basis of the ratio of Wisconsin adjusted gross income to federal adjusted gross income.
71.08(2)
(2) Joint liability. If the requirements under
sub. (1) are applicable and the spouses file a joint income tax return, they shall file a joint minimum tax return and are jointly and severally liable for the tax imposed under
sub. (1) and for the interest, penalties, fees, additions to tax and additional assessments with respect to the tax.
71.08(3)
(3) Administration. The department of revenue shall have full power to impose, enforce and collect the minimum tax provided in this section and may take any action, conduct any proceeding and in all respects proceed as it is authorized in respect to income taxes imposed in this chapter. The income tax provisions in this chapter relating to assessments, refunds, appeals, collection, interest and penalties shall apply to the minimum tax.
71.08(4)
(4) Tax benefit rule. The department of revenue shall promulgate rules to provide that the amount under
sub. (1) may be reduced to prevent the inclusion of any amounts, except the federal standard deductions, itemized deductions and personal exemptions, that do not reflect a benefit in respect to the tax imposed under
s. 71.02.
71.09
71.09
Payment of estimated taxes. 71.09(1)
(1)
Definitions. In this section:
71.09(1)(a)
(a) "Farmers or fishers" are individuals, estates or trusts whose estimated gross income from farming or fishing for the taxable year is at least two-thirds of the total estimated gross income from all sources for the taxable year or individuals, estates or trusts whose gross income from farming or fishing for the preceding taxable year was at least two-thirds of the total gross income from all sources shown on that return. If a person files a joint return, the income of both that person and that person's spouse shall be considered in determining whether the person is a farmer or fisher.
71.09(1)(am)
(am) "Return" means a return that would show the tax properly due.
71.09(1)(b)
(b) "Tax shown on the return" and "tax for the taxable year" mean the net tax imposed under
s. 71.02 after reduction for exemptions to, and credits against, that tax but before reduction by amounts withheld under
subch. X and before reduction for amounts paid as estimated tax under this section for that tax plus the tax imposed under
s. 71.08 before reduction for amounts paid as estimated tax under this section for that tax plus the surcharge imposed under
s. 77.93 before reduction for amounts paid as estimated tax under this section for that surcharge.
71.09(2)
(2) Who shall pay. Every individual, estate and trust deriving income subject to taxation under this chapter, other than wages as defined in
s. 71.63 (6) upon which taxes are withheld by the individual's employer under
subch. X, shall pay estimated income tax, the surcharge under
s. 77.93 and alternative minimum tax. This section does not apply to any person on active duty with the U.S. armed forces while stationed outside the continental United States. This section does not apply to any taxable year ending before the date 2 years after the date of a decedent's death with respect to the estate of such decedent or any trust all of which is treated under subpart E of part I of subchapter J of
chapter 1 of the internal revenue code as owned by the decedent and to which the residue of the decedent's estate will pass under his or her will. This section does not apply to any trust that is subject to tax under this chapter on unrelated business taxable income as defined under section
512 of the internal revenue code. Those trusts are subject to estimated tax payments under
s. 71.29.
71.09(3)
(3) Farmers or fishers. Payments of estimated income tax required by
sub. (2) from farmers or fishers may be made at any time on or before the 15th day of the first month of the succeeding taxable year.
71.09(4)
(4) Farmers or fishers exception. Except as provided in
sub. (1) (am), if on or before the first day of the 3rd month of the succeeding taxable year a farmer or a fisher files a return for the taxable year, for which estimated taxes were required on or before the 15th day of the first month of the succeeding taxable year under
sub. (3), and pays in full the amount computed on the return as payable, then that payment satisfies any required estimated tax installments.
71.09(5)
(5) Amount. The amount of the estimated income tax shall be the total estimated tax, including surtaxes, if any, reduced by the amount, if any, the individual, estate or trust determines will be withheld from wages pursuant to
subch. X.
71.09(7)
(7) Refund carry-forward. If the taxpayer claims a refund on any tax return and, concurrent with or subsequent to the filing of the return upon which such refund is claimed, is required to pay an estimated tax, and at the time of paying that tax the refund has not been paid, he or she may deduct the amount of such refund from the first installment of estimated taxes, and any excess from the succeeding installments. If a refund is paid after the due date of the last installment, its receipt shall be reflected on the income tax return covering the year. If the refund is disallowed in whole or in part after the due date of the last installment, that disallowance must be reflected on the income tax return covering the year.
71.09(8)
(8) Prepayments. Any installment of the estimated tax under this section may be paid prior to the date prescribed for its payment.
71.09(9)
(9) Short year. Application of this section to taxable years of less than 12 full months shall be made pursuant to rules of the department.
71.09(10)
(10) Overpayment. When the amount of an installment payment of estimated tax exceeds the amount determined to be the correct amount of such installment payment, the overpayment shall be credited against the unpaid installment, if any.
71.09(11)
(11) Exceptions to interest. No interest is required under
s. 71.84 (1) if any of the following conditions apply:
71.09(11)(a)
(a) The tax shown on the return or, if no return is filed, the tax, minus amounts withheld under
subch. X, is less than $200.
71.09(11)(b)
(b) The preceding taxable year was 12 months, the taxpayer had no liability under
s. 71.02 or
71.08 for that year and the taxpayer was a resident of this state for all of that year.
71.09(11)(c)
(c) The secretary of revenue determines that because of casualty, disaster or other unusual circumstances it is not equitable to impose interest.
71.09(11)(d)
(d) The secretary of revenue determines that the taxpayer retired during the taxable year or during the preceding taxable year after having attained age 62 or becoming disabled and that the underpayment was due to reasonable cause and not due to willful neglect.
71.09(12)
(12) Installment due dates. Taxpayers shall make estimated payments in 4 installments, on or before the 15th day of each of the following months:
71.09(13)(a)(a) Except as provided in
pars. (b),
(c) and
(d), the amount of each installment required under
sub. (12) is 25% of the lower of the following amounts:
71.09(13)(a)1.
1. Ninety percent of the tax shown on the return for the taxable year or, if no return is filed, 90% of the tax for the taxable year.
71.09(13)(a)2.
2. The tax shown on the return for the preceding year. If a husband and wife who filed separate returns for the preceding taxable year file a joint return, the tax shown on the return for the preceding year is the sum of the taxes shown on the separate returns of the husband and wife. If a husband and wife who filed a joint return for the preceding taxable year file separate returns, the tax shown on the return for the preceding year is the husband's or wife's proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.
71.09(13)(b)
(b) Paragraph (a) 2. does not apply if the preceding taxable year was less than 12 months or if the taxpayer did not file a return for the preceding taxable year.
71.09(13)(c)
(c) Paragraph (a) 2. does not apply if the taxpayer is an estate or trust and has a taxable income of $20,000 or more.
71.09(13)(d)
(d) If 22.5% for the first installment, 45% for the 2nd installment, 67.5% for the 3rd installment and 90% for the 4th installment of the tax for the taxable year computed by annualizing, under methods prescribed by the department of revenue, the taxpayer's income for the months in the taxable year ending before the installment's due date is less than the installment required under
par. (a), the taxpayer may pay the amount under this paragraph rather than the amount under
par. (a). Any taxpayer who pays an amount calculated under this paragraph shall increase the next installment computed under
par. (a) by an amount equal to the difference between the amount paid under this paragraph and the amount that would have been paid under
par. (a). The income of any estate or trust for the months in the taxable year ending before the date one month before the due date for the installment shall be annualized in calculating the installments under this paragraph.
71.09(14)
(14) Exception to final installment. If a taxpayer files a return for a calendar year on or before January 31 of the succeeding calendar year (or if a taxpayer on a fiscal year basis files a return on or before the last day of the first month immediately succeeding the close of such fiscal year) and pays in full at the time of such filing the amount computed on the return as payable, then, if estimated taxes are not required to be paid on or before the 15th day of the 9th month of the taxable year but are required to be paid on or before January 15 of the succeeding taxable year (or the date corresponding thereto in the case of a fiscal year), such return shall be considered as such payment.
71.09(15)(a)(a) Any individual deriving income from wages, as defined in
s. 71.63 (6), which is subject to taxation under this chapter who pays 100% of the estimated tax for the following calendar or taxable year on or before the last day of the current calendar or taxable year is entitled to complete exemption from payroll withholding under
subch. X for such following calendar or taxable year.
71.09(15)(b)
(b) No employer shall recognize exemption from payroll withholding for any employee who does not furnish a certificate prepared by the department of revenue satisfactorily showing that the employee has paid the estimated tax within the time and manner prescribed in this subsection with respect to the calendar or taxable year for which such exemption is sought.
71.09(15)(c)
(c) So far as applicable the additions to tax prescribed in this section shall apply to estimated taxes paid under this subsection.
71.09(15)(d)
(d) No employer shall force or attempt to coerce an employee into estimating and prepaying his or her income taxes. The penalty under
s. 71.83 (2) (a) 4. applies to any employer who violates this paragraph.
71.09(16)
(16) Joint payments. Married persons may jointly pay estimated taxes unless either spouse is a nonresident alien or the spouses have different taxable years. If they do pay jointly, the provisions under this section applicable to individuals are applicable to the married persons jointly. If a married person files a separate return for a taxable year for which a joint payment was made, the payments may be allocated between themselves as they choose, but if they do not agree on an allocation the department of revenue shall allocate the payments to each spouse on the basis of the ratio of taxes shown on their separate returns or pursuant to default assessment under
s. 71.74 (3). If either spouse pays separately, no part of the payment may be allocated to the other spouse.
71.10
71.10
General provisions. 71.10(1)(1)
Allocation of gross income, deductions, credits between 2 or more businesses. In any case of 2 or more organizations, trades or businesses (whether or not incorporated, whether or not organized in the United States and whether or not affiliated) owned or controlled directly or indirectly by the same interests, the secretary or the secretary's delegate may distribute, apportion or allocate gross income, deductions, credits or allowances between or among such organizations, trades or businesses, if the secretary determines that such distribution, apportionment or allocation is necessary in order to prevent evasion of taxes or clearly to reflect the income of any of such organizations, trades or businesses.
71.10(2)
(2) Assessment of income distributable to a nonresident beneficiary. The income of a trust distributable or distributed to a nonresident beneficiary shall be assessed as the income of other nonresidents is assessed. No personal exemptions shall be allowed in assessing the income of such nonresident beneficiary unless that person makes a complete return under this chapter.
71.10(3)(a)(a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 for the Wisconsin election campaign fund for the use of eligible candidates under
s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 under this subsection.
Effective date note
NOTE Par. (a) was renumbered par. (am) and amended eff. 7-30-02 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
71.10(3)(ac)
(ac) In this subsection, "tax liability" means any amount of tax determined by an individual or by an individual and his or her spouse after he or she calculates the order of computation through
s. 71.10 (4) (gu).
Effective date note
NOTE Par. (ac) was created eff. 7-30-02 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
71.10(3)(am)
(am) Every individual, who is a full-year resident of this state, filing an income tax return who would have a tax liability before making a designation under this paragraph may designate the lesser of $20 or the individual's tax liability for transfer to the Wisconsin election campaign fund under
s. 11.50. If the individuals filing a joint return would have a tax liability before making a designation under this paragraph, each individual may make a designation of the lesser of $20 or one-half of the married couple's tax liability under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under
s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.
Effective date note
NOTE Par. (am) is shown as renumbered from par. (a) and amended eff. 7-30-02 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
71.10(3)(b)
(b) The secretary of revenue shall provide a place for those designations on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer under
s. 11.50 the total amount of designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return.
Effective date note
NOTE Par. (b) was amended eff. 7-30-02 by
2001 Wis. Act 109 as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(b) The secretary of revenue shall ensure that space for the designations under par. (am) is provided on the face of the individual income tax return in a manner that is convenient to the individual filing the return. The secretary of revenue shall provide next to the place on the return where designation under par. (am) is made a statement that a designation will increase tax liability, that the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that by making a designation the individual is also claiming the credit. The department of revenue shall ensure that an individual may make the designation under par. (am) and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on the face of the individual income tax return. The secretary of revenue shall also provide and highlight a place in the instructions that accompany the return for information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the elections board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year and the amount of designations made during that fiscal year for the general account and for the account of each eligible political party. If any individual designates an amount greater than the amount authorized under par. (am) or attempts to place any condition or restriction upon a designation not authorized under par. (am), that individual is deemed not to have made a designation on his or her tax return.
71.10(3)(c)
(c) The names of persons making designations under this subsection shall be strictly confidential.
71.10(3)(d)
(d) If an individual's income tax return is prepared by a paid tax preparer and if the individual does not make a designation under
par. (am), the tax preparer shall obtain from the individual his or her signature, on a form prepared by the department of revenue, acknowledging that he or she chooses not to make a designation under
par. (am). The form shall contain information regarding the purposes of the designation. No penalty may be imposed on a paid tax preparer who fails to obtain from any individual the form that is required under this paragraph.
Effective date note
NOTE Par. (d) was created eff. 7-30-02 by
2001 Wis. Act 109. However, the treatment by
2002 Wis. Act 109 was held to be unconstitutional and void by the United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto, Case # 02-C-424-C.
