71.06(1p)
(1p) Fiduciaries, single individuals and heads of households; after 2000. The tax to be assessed, levied and collected upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households shall be computed at the following rates for taxable years beginning after December 31, 2000:
71.06(1p)(a)
(a) On all taxable income from $0 to $7,500, 4.6%.
71.06(1p)(b)
(b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.15%.
71.06(1p)(c)
(c) On all taxable income exceeding $15,000 but not exceeding $112,500, 6.5%.
71.06(1p)(d)
(d) On all taxable income exceeding $112,500 but not exceeding $225,000, 6.75%.
71.06(1p)(e)
(e) On all taxable income exceeding $225,000, 7.75 percent.
71.06(2)
(2) Married persons. The tax to be assessed, levied and collected upon the taxable incomes of all married persons shall be computed at the following rates:
71.06(2)(a)
(a) For joint returns, for taxable years beginning after July 31, 1986, and before January 1, 1998:
71.06(2)(a)2.
2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.55%.
71.06(2)(b)
(b) For married persons filing separately, for taxable years beginning after July 31, 1986, and before January 1, 1998:
71.06(2)(b)2.
2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.55%.
71.06(2)(c)
(c) For joint returns, for taxable years beginning after December 31, 1997, and before January 1, 2000:
71.06(2)(c)1.
1. On all taxable income from $0 to $10,000, 4.77%.
71.06(2)(c)2.
2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.37%.
71.06(2)(d)
(d) For married persons filing separately, for taxable years beginning after December 31, 1997, and before January 1, 2000:
71.06(2)(d)2.
2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.37%.
71.06(2)(e)
(e) For joint returns, for taxable years beginning after December 31, 1999, and before January 1, 2001:
71.06(2)(e)1.
1. On all taxable income from $0 to $10,000, 4.73%.
71.06(2)(e)2.
2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.33%.
71.06(2)(e)3.
3. On all taxable income exceeding $20,000 but not exceeding $150,000, 6.55%.
71.06(2)(e)4.
4. On all taxable income exceeding $150,000, 6.75%.
71.06(2)(f)
(f) For married persons filing separately, for taxable years beginning after December 31, 1999, and before January 1, 2001:
71.06(2)(f)2.
2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.33%.
71.06(2)(f)3.
3. On all taxable income exceeding $10,000 but not exceeding $75,000, 6.55%.
71.06(2)(g)
(g) For joint returns, for taxable years beginning after December 31, 2000:
71.06(2)(g)2.
2. On all taxable income exceeding $10,000 but not exceeding $20,000, 6.15%.
71.06(2)(g)3.
3. On all taxable income exceeding $20,000 but not exceeding $150,000, 6.5%.
71.06(2)(g)4.
4. On all taxable income exceeding $150,000 but not exceeding $300,000, 6.75%.
71.06(2)(g)5.
5. On all taxable income exceeding $300,000, 7.75 percent.
71.06(2)(h)
(h) For married persons filing separately, for taxable years beginning after December 31, 2000:
71.06(2)(h)2.
2. On all taxable income exceeding $5,000 but not exceeding $10,000, 6.15%.
71.06(2)(h)3.
3. On all taxable income exceeding $10,000 but not exceeding $75,000, 6.5%.
71.06(2)(h)4.
4. On all taxable income exceeding $75,000 but not exceeding $150,000, 6.75%.
71.06(2)(h)5.
5. On all taxable income exceeding $150,000, 7.75 percent.
71.06(2e)(a)(a) For taxable years beginning after December 31, 1998, and before January 1, 2000, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under
subs. (1m) and
(2) (c) and
(d), and for taxable years beginning after December 31, 1999, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under
subs. (1n),
(1p) (a) to
(c), and
(2) (e),
(f),
(g) 1. to
3., and
(h) 1. to
3., shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1997, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2000, and before January 1, 2002, the dollar amount in the top bracket under
subs. (1p) (c) and
(d),
(2) (g) 3. and
4. and
(h) 3. and
4. shall be increased by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 1999, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2011, the adjustment may occur only if the resulting amount is greater than the corresponding amount that was calculated for the previous year. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.
71.06(2e)(b)
(b) For taxable years beginning after December 31, 2009, the maximum dollar amount in each tax bracket, and the corresponding minimum dollar amount in the next bracket, under
subs. (1p) (d) and
(2) (g) 4. and
(h) 4., and the dollar amount in the top bracket under
subs. (1p) (e) and
(2) (g) 5. and
(h) 5., shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2008, as determined by the federal department of labor, except that for taxable years beginning after December 31, 2011, the adjustment may occur only if the resulting amount is greater than the corresponding amount that was calculated for the previous year. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.
71.06(2m)
(2m) Rate changes. If a rate under
sub. (1),
(1m),
(1n),
(1p) or
(2) changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section
15 of the internal revenue code.
71.06(2s)
(2s) Nonresidents and part-year residents. 71.06(2s)(a)(a) For taxable years beginning after December 31, 1996, and before January 1, 1998, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under
subs. (1) and
(2) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under
subs. (1) and
(2) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.
71.06(2s)(b)
(b) For taxable years beginning after December 31, 1997, and before January 1, 2000, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under
subs. (1m) and
(2) (c) and
(d) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under
subs. (1m) and
(2) (c) and
(d) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.
71.06(2s)(c)
(c) For taxable years beginning after December 31, 1999, and before January 1, 2001, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under
subs. (1n) and
(2) (e) and
(f) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under
subs. (1n) and
(2) (e) and
(f) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.
71.06(2s)(d)
(d) For taxable years beginning after December 31, 2000, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under
subs. (1p) and
(2) (g) and
(h) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under
subs. (1p) and
(2) (g) and
(h) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.
71.06(3)
(3) Tax table. The secretary of revenue shall prepare a table from which the tax in effect on taxable personal income shall be determined. Such table shall be published in the department's appropriate instructional booklets. The form and the tax computations of the table shall be substantially as follows:
71.06(3)(a)
(a) The title thereof shall be "Tax Table".
71.06(3)(b)
(b) The first 2 columns shall contain the minimum and the maximum amounts, respectively, of taxable income in brackets of not more than $100. Computation of tax on taxable income in excess of the amount shown on the table may be set forth at the foot of such table.
71.06(3)(c)
(c) The 3rd column shall show the amount of the tax payable for each bracket before the allowance of any credit. The tax shall be computed at the rates in effect, which rates shall be applied to the amount of income at the middle of each bracket. The amount of tax for each bracket shall be computed to the nearest dollar.
71.07(1)(1)
Claim of right credit. Any natural person may credit against taxes otherwise due under this chapter the decrease in tax under this chapter for the prior taxable year that would be attributable to subtracting income taxed for that year under the claim of right doctrine but repaid, as calculated under section
1341 of the internal revenue code, if the income repaid is greater than $3,000 and the amount is not subtracted in computing Wisconsin adjusted gross income or used in computing the credit under
sub. (5) (a). If the allowable amount of the claim exceeds the claimant's taxes due under this chapter the amount of the claim not used to offset those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft drawn on the general fund.
71.07(2)
(2) Community development finance authority credit. Any individual receiving a credit under s.
71.09 (12m), 1985 stats., may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year of purchase to the extent not offset by those taxes otherwise due in all intervening years between the year for which the credit was computed and the year for which the carry-forward is claimed.
71.07(2dd)
(2dd) Development zones day care credit. 71.07(2dd)(a)1.
1. "Day care center benefits" means benefits provided at a child care facility that is licensed under
s. 48.65 or
48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
71.07(2dd)(a)2.
2. "Employment-related day care expenses" means amounts paid or incurred by a claimant, during the 2-year period beginning with the day that the member of the targeted group begins work for the claimant, for providing or making day care center benefits available to a qualifying individual in order to enable a member of a targeted group to be employed by the claimant.
71.07(2dd)(a)5.
5. "Qualifying individual" means a dependent of a member of a targeted group who is employed by a claimant and with respect to whom the member is entitled to a deduction under section
151 (c) of the internal revenue code for federal income tax purposes, a dependent of a member of a targeted group who is employed by a claimant if the dependent is physically or mentally incapable of caring for himself or herself or the spouse of a member of a targeted group who is employed by the claimant if the spouse is physically or mentally incapable of caring for himself or herself.
71.07(2dd)(b)
(b) Except as provided in
s. 73.03 (35), for any taxable year for which that person is certified under
s. 560.765 (3) and begins business operations in a zone under
s. 560.71 after July 29, 1995, or certified under
s. 560.797 (4) (a) for each zone for which the person is certified or entitled a person may credit against taxes otherwise due under this subchapter employment-related day care expenses, up to $1,200 for each qualifying individual.
71.07(2dd)(dm)
(dm) No credit may be allowed under this subsection unless the claimant includes with the claimant's return a statement from the department of commerce verifying the amount of qualifying employment-related day care expenses.
71.07(2dd)(e)
(e) No credit may be claimed under this subsection for taxable years that begin on January 1, 1998, or thereafter. Credits under this subsection for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
71.07(2de)
(2de) Development zones environmental remediation credit. 71.07(2de)(a)(a) Except as provided in
s. 73.03 (35), for any taxable year for which a person is certified under
s. 560.765 (3) and begins business operations in a zone under
s. 560.71 after July 29, 1995, or certified under
s. 560.797 (4) (a), for each zone for which the person is certified or entitled the person may claim as a credit against taxes otherwise due under this subchapter an amount equal to 7.5% of the amount that the person expends to remove or contain environmental pollution, as defined in
s. 299.01 (4), in the zone or to restore soil or groundwater that is affected by environmental pollution, as defined in
s. 299.01 (4), in the zone if the person fulfills all of the following requirements:
71.07(2de)(a)1.
1. Begins the work, other than planning and investigating, for which the credit is claimed after the area that includes the site where the work is done is designated a development zone under
s. 560.71 or an enterprise development zone under
s. 560.797 and after the claimant is certified under
s. 560.765 (3) or certified under
s. 560.797 (4) (a).
71.07(2de)(d)
(d) No credit may be claimed under this subsection for taxable years that begin on January 1, 1998, or thereafter. Credits under this subsection for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
71.07(2di)
(2di) Development zones investment credit. 71.07(2di)(a)(a) Except as provided in
pars. (dm) and
(f) and
s. 73.03 (35), for any taxable year for which the person is entitled under
s. 560.795 (3) to claim tax benefits, any person may claim as a credit against taxes otherwise due under this chapter 2.5% of the purchase price of depreciable, tangible personal property, or 1.75% of the purchase price of depreciable, tangible personal property that is expensed under section
179 of the internal revenue code for purposes of the taxes under this chapter, except that:
71.07(2di)(a)1.
1. The investment must be in property that is purchased after the person is entitled under
s. 560.795 (3) to claim tax benefits and that is used for at least 50% of its use in the conduct of the person's business operations at a location in a development zone under
subch. VI of ch. 560 or, if the property is mobile, the base of operations of the property for at least 50% of its use must be a location in a development zone.
71.07(2di)(a)2.
2. The credit under this subsection may be claimed only by the person who purchased the property the investment in which is the basis for the credit, except that only partners may claim the credit based on purchases by a partnership, only members may claim the credit based on purchases by a limited liability company and except that only shareholders may claim the credit based on purchases by a tax-option corporation.
71.07(2di)(a)3.
3. If the credit is claimed for used property, the claimant may not have used the property for business purposes at a location outside the development zone. If the credit is attributable to a partnership, limited liability company or tax-option corporation, that entity may not have used the property for business purposes at a location outside the development zone.
71.07(2di)(a)4.
4. No credit is allowed under this subsection for property which is the basis for a credit under
sub. (2dL).
71.07(2di)(b)2.2. If the claimant is located on an Indian reservation, as defined in
s. 560.86 (5), and is an American Indian, as defined in
s. 560.86 (1), an Indian business, as defined in
s. 560.86 (4), or a tribal enterprise, and if the allowable amount of the credit under this subsection exceeds the taxes otherwise due under this chapter on or measured by the claimant's income, the amount of the credit not used as an offset against those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft. In this subdivision, "tribal enterprise" means a business that is at least 51% owned and controlled by the governing body of one or more Indian tribes, is actively managed by the governing body, or by the designee of the governing body, of one or more Indian tribes and is currently performing a useful business function.
71.07(2di)(b)3.
3. Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and amount of, that credit shall be determined on the basis of their economic activity, not that of their shareholders, partners or members. The corporation, partnership or company shall compute the amount of the credit that may be claimed by each of its shareholders, partners or members and shall provide that information to each of its shareholders, partners or members. Partners, members of limited liability companies and shareholders of tax-option corporations may claim the credit based on the partnership's, company's or corporation's activities in proportion to their ownership interest and may offset it against the tax attributable to their income from the partnership's, company's or corporation's business operations in the development zone; except that partners, members, and shareholders in a development zone under
s. 560.795 (1) (e) may offset the credit against the amount of the tax attributable to their income from all of the partnership's, company's, or corporation's business operations; and against the tax attributable to their income from the partnership's, company's or corporation's directly related business operations.
71.07(2di)(c)
(c) Except as provided in
par. (b) 2., the carry-over provisions of
s. 71.28 (4) (e) and
(f) as they relate to the credit under
s. 71.28 (4) relate to the credit under this subsection and apply as if the development zone continued to exist.
