71.44(2)(c)
(c) If a separate corporation income tax return is made for a fractional part of a year for federal income tax purposes, the corporation shall file a separate Wisconsin income or franchise tax return for that fractional year. The income shall be computed and reported on the basis of the period for which the separate return is made, and that fractional part of a year shall constitute a taxable year, except that if a corporation terminates, under section
1362 (d) (1) or (2) of the internal revenue code, its election to be treated as an S corporation for federal income tax purposes the corporation may allocate its items of income, loss or deduction between its short taxable year as a tax-option corporation and its short taxable year as a nontax-option corporation according to the method under section
1362 (e) (2) of the internal revenue code.
71.44(2)(d)
(d) If a separate income or franchise tax return is made for a short period under
par. (b) on account of a change in the taxable year, the net income for such short period shall be placed on an annual basis using the method applicable for federal income taxes under section
443 (b) (1) of the internal revenue code.
71.44(3)(a)(a) In the case of a corporation required to file a return, the department of revenue shall allow an automatic extension of 7 months or until the original due date of the corporation's corresponding federal return, whichever is later. Any extension of time granted by law or by the internal revenue service for the filing of corresponding federal returns shall extend the time for filing under this subchapter to 30 days after the federal due date if the corporation reports the extension in the manner specified by the department on the return. Except for payments of estimated taxes, income or franchise taxes payable upon the filing of the tax return shall not become delinquent during such extension period, but shall, except as provided in
par. (b), be subject to interest at the rate of 12% per year during such period.
71.44(3)(b)
(b) For taxable years beginning after December 31, 2008, for persons who qualify for a federal extension of time to file under
26 USC 7508A due to a presidentially declared disaster or terroristic or military action, income or franchise taxes payable upon the filing of the tax return are not subject to interest as otherwise provided under
par. (a).
71.44 Cross-reference
Cross-reference: See also ss.
Tax 2.88 and
2.96, Wis. adm. code.
71.44(4)(b)(b) Corporation franchise and income taxes not paid on or before the 15th day of the 3rd month following the close of the taxable year shall be deemed delinquent.
71.44(4)(c)
(c) The department of revenue shall accept in advance income or franchise taxes and surtaxes from taxpayers desirous of making such payments before the same shall become due and payable. Advance payment of taxes under this provision shall not relieve the taxpayer from additional taxes which may result from subsequent legislation or from additional taxable income disclosed or discovered subsequent to such payment.
71.44(4)(d)
(d) No person is required to pay a balance due of less than $1.
71.44 Cross-reference
Cross-reference: See also s.
Tax 2.03, Wis. adm. code.
71.45
71.45
Income computation. 71.45(1)(1)
Exempt and excludable income. There shall be exempt from taxation under this subchapter income as follows:
71.45(1)(a)
(a) Income of insurers exempt from federal income taxation pursuant to section
501 (c) (15) of the internal revenue code, town mutuals organized under or subject to
ch. 612, foreign insurers, and domestic insurers engaged exclusively in life insurance business, domestic insurers insuring against financial loss by reason of nonpayment of principal, interest and other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate and corporations organized under
ch. 185, but not including income of cooperative health care associations organized under
s. 185.981, or of a service insurance corporation organized under
ch. 613, that is derived from a health maintenance organization as defined in
s. 609.01 (2) or a limited service health organization as defined in
s. 609.01 (3), or operating under
subch. I of ch. 616 which are bona fide cooperatives operated without pecuniary profit to any shareholder or member, or operated on a cooperative plan pursuant to which they determine and distribute their proceeds in substantial compliance with
s. 185.45. This paragraph does not apply to income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state.
71.45(1)(b)
(b) For taxable years beginning after December 31, 2006, the amount of any incentive payment received by an individual under
s. 23.33 (5r) in the taxable year to which the claim relates.
71.45(1t)
(1t) Exemption from the income tax. The interest and income from the following obligations are exempt from the tax imposed under
s. 71.43 (1):
71.45(1t)(e)
(e) Those issued under
s. 234.65 to fund an economic development loan to finance construction, renovation or development of property that would be exempt under
s. 70.11 (36).
71.45(1t)(em)
(em) Those issued under
s. 234.08 or
234.61, on or after January 1, 2004, if the obligations are issued to fund multifamily affordable housing projects or elderly housing projects.
71.45(1t)(g)
(g) Those issued under
s. 66.0621 by a local professional baseball park district, a local professional football stadium district, or a local cultural arts district.
71.45(1t)(i)
(i) Those issued under
s. 231.03 (6), on or after October 27, 2007, if the proceeds from the obligations that are issued are used by a health facility, as defined in
s. 231.01 (5), to fund the acquisition of information technology hardware or software.
71.45(1t)(k)1.
1. The bonds or notes are used to fund multifamily affordable housing projects or elderly housing projects in this state, and the Wisconsin Housing and Economic Development Authority has the authority to issue its bonds or notes for the project being funded.
71.45(1t)(k)2.
2. The bonds or notes are used by a health facility, as defined in
s. 231.01 (5), to fund the acquisition of information technology hardware or software, in this state, and the Wisconsin Health and Educational Facilities Authority has the authority to issue its bonds or notes for the project being funded.
71.45(1t)(k)3.
3. The bonds or notes are issued to fund a redevelopment project in this state or a housing project in this state, and the authority exists for bonds or notes to be issued by an entity described under
s. 66.1201,
66.1333, or
66.1335.
71.45(2)
(2) Determination of net income. 71.45(2)(a)(a) Insurers subject to taxation under this chapter shall pay a tax according to or measured by net income. Such tax is payable under
s. 71.44 (1). Except as provided in
sub. (5), "net income" of an insurer subject to taxation under this chapter means federal taxable income as determined in accordance with the provisions of the internal revenue code adjusted as follows:
71.45(2)(a)1.
1. By adding to federal taxable income the amount of any loss carry-forward or carry-back, including any capital loss carry-forward or carry-back, deducted in the calculation of federal taxable income.
71.45(2)(a)2.
2. By adding to federal taxable income, if not already included therein, the amount of any federal tax refund or portion thereof previously applied to reduce the amount of tax payable under this chapter.
71.45(2)(a)3.
3. For insurers subject to taxation under
s. 71.43 (1), by adding to federal taxable income the amount of any interest income, except interest under
sub. (1t), that is not included in federal taxable income except the amount of any interest income which is by federal law exempt from taxation by this state and, for insurers subject to taxation under
s. 71.43 (2), by adding to federal taxable income the amount of any interest income which is not included in federal taxable income.
71.45(2)(a)4.
4. By adding to federal taxable income an amount equal to dividend income received during the taxable year to the extent such dividend income was used as a deduction in determining federal taxable income.
71.45(2)(a)5.
5. By adding to federal taxable income the amount of taxes imposed by this or any other state, or the District of Columbia, that are value-added taxes, single business taxes or taxes on or measured by net income, gross income, gross receipts or capital stock, if any, that are deducted in the calculation of federal taxable income except that gross receipts taxes assessed in lieu of property taxes are deductible from gross income.
71.45(2)(a)5m.
5m. By adding to federal taxable income the amount of the environmental tax that is imposed under section
59A of the internal revenue code and that is deducted in calculating federal taxable income.
71.45(2)(a)6.
6. By adding or subtracting, as appropriate, the difference between the federal basis and the Wisconsin basis of any asset sold, exchanged, abandoned or otherwise disposed of in a taxable transaction during the taxable year.
71.45(2)(a)7.
7. By adding or subtracting, as appropriate, the amount required to reflect the fact that property that, under s.
71.01 (4) (g) 7. to
10., 1985 stats., is required to be depreciated for taxable years 1983 to 1986 under the internal revenue code as amended to December 31, 1980, shall continue to be depreciated under the internal revenue code as amended to December 31, 1980.
71.45(2)(a)8.
8. By subtracting from federal taxable income dividends received that are deductible under
s. 71.26 (3) (j) and are included in federal taxable income.
71.45(2)(a)9.
9. By subtracting from federal taxable income any net capital losses not offset against capital gains to the extent that subtraction is allowed to other corporations in computing net income under
s. 71.26 (2).
71.45(2)(a)10.
10. By adding to federal taxable income the amount of credit computed under
s. 71.47 (1dd) to
(1dy),
(3g),
(3h),
(3n),
(3p),
(3q),
(3r),
(3rm),
(3rn),
(3w),
(5e),
(5f),
(5g),
(5h),
(5i),
(5j),
(5k),
(5r),
(5rm), and
(8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under
s. 71.21 (4) or
71.34 (1k) (g) and the amount of credit computed under
s. 71.47 (1),
(3),
(3t),
(4),
(4m), and
(5).
71.45 Note
NOTE: Subd. 10. is shown as affected by 4 acts of the 2009 Wisconsin Legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to s. 71.47 (3rn) was changed from s. 71.47 (3rm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering of s. 71.47 (3rm), as created by
2009 Wis. Act 295, under s. 13.92 (1) (bm) 2.
71.45(2)(a)10b.
10b. By subtracting from federal taxable income, as provided under
s. 71.47 (3) (c) 7., the amount of the credit under
s. 71.47 (3) that the taxpayer added to income under
subd. 10. at the time that the taxpayer first claimed the credit.
71.45(2)(a)10m.
10m. By adding to federal taxable income the amount deducted under section
847 of the Internal Revenue Code.
71.45(2)(a)13.
13. By adding or subtracting, as appropriate, the depreciation deduction under the federal Internal Revenue Code as amended to December 31, 2000, except that property first placed in service by the taxpayer on or after January 1, 1983, but before January 1, 1987, that, under s.
71.04 (15) (b) and
(br), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, and property first placed in service in taxable year 1981 or thereafter but before January 1, 1987, that, under s.
71.04 (15) (bm), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, shall continue to be depreciated under the Internal Revenue Code as amended to December 31, 1980.
71.45(2)(a)14.
14. By subtracting from federal taxable income the amount that is included in that income from the sale by the original policyholder or original certificate holder who has a catastrophic or life-threatening illness or condition of a life insurance policy or certificate, or the sale of the death benefit under a life insurance policy or certificate, under a life settlement contract, as defined in
s. 632.69 (1) (k). In this subdivision, "catastrophic or life-threatening illness or condition" includes AIDS, as defined in
s. 49.686 (1) (a), and HIV infection, as defined in
s. 49.686 (1) (d).
71.45(2)(a)15.
15. By subtracting from federal taxable income all income that is realized from the purchase and subsequent sale or redemption of lottery prizes that is treated as nonapportionable income under
sub. (3r).
71.45(2)(a)16.
16. By adding to federal taxable income any amount deducted or excluded under the Internal Revenue Code for interest expenses, rental expenses, intangible expenses, and management fees that are directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related entities.
71.45(2)(a)17.
17. By subtracting from federal taxable income the amount added to federal taxable income under
subd. 16., to the extent that the conditions under
s. 71.80 (23) are satisfied.
71.45(2)(a)18.
18. A deduction shall be allowed for the amount added, pursuant to
subd. 16. or
s. 71.05 (6) (a) 24.,
71.26 (2) (a) 7., or
71.34 (1k) (j), to the federal income of a related entity that paid interest expenses, rental expenses, intangible expenses, or management fees to the insurer, to the extent that the related entity could not offset such amount with the deduction allowable under
subd. 17. or
s. 71.05 (6) (b) 45.,
71.26 (2) (a) 8., or
71.34 (1k) (k).
71.45(2)(b)1.1. With respect to any domestic insurer engaged in the sale of life insurance and also other insurance, the net income figure derived by application of
par. (a) shall be multiplied by a fraction, the numerator of which is the net gain from operations on insurance, other than life insurance, and the denominator of which is the total net gain from operations; except that the multiplier is zero if the numerator is zero or the numerator is negative and the adjusted federal taxable income is positive or the numerator is positive and the adjusted federal taxable income is negative, and except that the multiplier is one if the numerator is positive and the denominator is zero or negative and the adjusted federal taxable income is positive or the numerator is negative and the denominator is zero or positive and the adjusted federal taxable income is negative or the numerator, the denominator and the adjusted federal taxable income are positive and the numerator is greater than the denominator, and except that if the numerator and denominator are both negative and the adjusted federal taxable income is negative the multiplier is positive but may not be more than one.
71.45(2)(b)2.
2. For purposes of the numerator, "net gain from operations on insurance, other than life insurance" includes net income, after dividends to policyholders, but before federal income taxes and foreign income or franchise taxes, from fire and casualty insurance; net gain from operations, after dividends to policyholders and before federal income taxes, from accident and health insurance; and net realized capital gains or losses on investments from accident and health insurance operations, said net realized capital gains or losses to be apportioned among life and accident and health insurance lines in the same manner as net investment income is required to be apportioned by the commissioner of insurance. "Net gain from operations", "net income", "net realized capital gains or losses", and "net investment income" shall be calculated and reported as required under rules adopted by the commissioner of insurance.
71.45(2)(b)3.
3. For purposes of the denominator, "total net gain from operations" includes net income, after dividends to policyholders, but before federal income taxes and foreign income or franchise taxes, from fire and casualty insurance; net gain from operations after dividends to policyholders and before federal income taxes, from accident and health and life insurance; and net realized capital gains or losses on investments from accident and health and life insurance operations. "Net income", "net gain from operations", and "net realized capital gains or losses" shall be calculated and reported as required under rules adopted by the commissioner of insurance.
71.45(2)(b)4.
4. The resultant figure shall constitute Wisconsin net income for purposes of the Wisconsin franchise tax measured by net income except with respect to such of said insurers as had, in the taxable year, premiums written on insurance other than life insurance where the subject of such insurance was resident, located or to be performed outside this state.
71.45(3)
(3) Apportionment. Except as provided in
sub. (3d), to determine Wisconsin income for purposes of the franchise tax, domestic insurers that, in the taxable year, have received premiums, other than life insurance premiums, written for insurance on property or risks resident, located or to be performed outside this state shall multiply the net income figure derived by application of
sub. (2) by the arithmetic average of the following 2 percentages:
71.45(3)(a)
(a) Subject to
sub. (3d), the percentage determined by dividing the sum of direct premiums written for insurance other than life insurance, with respect to all property and risks resident, located, or to be performed in this state, and assumed premiums written for reinsurance, other than life insurance, with respect to all property and risks resident, located, or to be performed in this state, by the sum of direct premiums written for insurance on all property and risks, other than life insurance, wherever located, and assumed premiums written for reinsurance on all property and risks, other than life insurance, wherever located. In this paragraph, "direct premiums" means direct premiums as reported for the taxable year on an annual statement that is filed by the insurer with the commissioner of insurance under
s. 601.42 (1g) (a). In this paragraph, "assumed premiums" means assumed reinsurance premiums from domestic insurance companies as reported for the taxable year on an annual statement that is filed with the commissioner of insurance under
s. 601.42 (1g) (a).
71.45(3)(b)1.1. Subject to
sub. (3d), the percentage determined by dividing the payroll, exclusive of life insurance payroll, paid in this state in the taxable year by total payroll, exclusive of life insurance payroll, paid everywhere in the taxable year.
71.45(3)(b)2.
2. Under
subd. 1., payroll is paid in this state if the individual's service is performed entirely in this state; or the individual's service is performed both in and outside of this state, but the service performed outside of this state is incidental to the individual's service in this state; or some service is performed in this state and the base of operations, or if there is no base of operations, the place from which the service is directed or controlled is in this state, or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.
71.45(3d)(a)(a) For taxable years beginning after December 31, 2005, and before January 1, 2007, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by an apportionment fraction composed of the percentage under
sub. (3) (a) representing 60% of the fraction and the percentage under
sub. (3) (b) 1. representing 40% of the fraction.
71.45(3d)(b)
(b) For taxable years beginning after December 31, 2006, and before January 1, 2008, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by an apportionment fraction composed of the percentage under
sub. (3) (a) representing 80% of the fraction and the percentage under
sub. (3) (b) 1. representing 20% of the fraction.
71.45(3d)(c)
(c) For taxable years beginning after December 31, 2007, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by the percentage under
sub. (3) (a).
71.45(3e)
(3e) Apportionment formula computation. 71.45(3e)(a)1.1. For taxable years beginning before January 1, 2008, if both the numerator and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income are zero, the percentage under
sub. (3) (a) is eliminated from the apportionment formula to determine the taxpayer's income under
sub. (3).
71.45(3e)(a)2.
2. For taxable years beginning after December 31, 2007, if both the numerator and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income are zero, none of the taxpayer's net income is apportioned to this state.
71.45(3e)(b)1.1. For taxable years beginning before January 1, 2008, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, the percentage under
sub. (3) (a) is zero.
71.45(3e)(b)2.
2. For taxable years beginning after December 31, 2007, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, none of the taxpayer's net income is apportioned to this state.
71.45(3e)(c)1.1. For taxable years beginning before January 1, 2008, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is zero or a negative number, the percentage under
sub. (3) (a) is one.
71.45(3e)(c)2.
2. For taxable years beginning after December 31, 2007, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is zero or a negative number, all of the taxpayer's net income is apportioned to this state.
71.45(3m)
(3m) Arithmetic average. Except as provided in
sub. (3d), the arithmetic average of the 2 percentages referred to in
sub. (3) shall be applied to the net income figure arrived at by the successive application of
sub. (2) (a) and
(b) with respect to Wisconsin insurers to which
sub. (2) (a) and
(b) applies and which have received premiums, other than life insurance premiums, written for insurance on property or risks resident, located or to be performed outside this state, to arrive at Wisconsin income constituting the measure of the franchise tax.
71.45(3r)
(3r) Allocation of certain proceeds. All income that is realized from the purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state.
71.45(4)
(4) Net business loss carry-forward. Insurers computing tax under this subchapter may subtract from Wisconsin net income any Wisconsin net business loss sustained in any of the next 15 preceding taxable years to the extent not offset by Wisconsin net business income of any year between the loss year and the taxable year for which an offset is claimed and computed without regard to
sub. (2) (a) 8. and
9. and this subsection and limited to the amount of net income, but no loss incurred for a taxable year before taxable year 1987 by a nonprofit service plan of sickness care under
ch. 148, or dental care under
s. 447.13 may be treated as a net business loss of the successor service insurer under
ch. 613 operating by virtue of
s. 148.03 or
447.13.
71.45(5)
(5) Exceptions. The net income of a cooperative health care association organized under
s. 185.981, or of a service insurance corporation organized under
ch. 613, that is derived from a health maintenance organization, as defined in
s. 609.01 (2), or a limited service health organization, as defined in
s. 609.01 (3), is the net income that would be determined if the cooperative health care association or service insurance corporation were subject to federal income taxation and as if that income were that of an insurance company.
71.45(6)
(6) Partnerships and limited liability companies. 71.45(6)(a)(a) A general or limited partner's share of the numerator and denominator of a partnership's apportionment factors under this section are included in the numerator and denominator of the general or limited partner's apportionment factors under this section.
71.45(6)(b)
(b) If a limited liability company is treated as a partnership, for federal tax purposes, a member's share of the numerator and denominator of a limited liability company's apportionment factors under this section are included in the numerator and denominator of the member's apportionment factors under this section.
71.45 History
History: 1987 a. 312;
1989 a. 31,
336,
359;
1991 a. 37,
39,
269;
1993 a. 16,
112,
263,
437;
1995 a. 27,
56,
371,
380;
1997 a. 27,
37,
237;
1999 a. 9,
65;
1999 a. 150 s.
672;
1999 a. 167,
194;
2001 a. 16,
38,
109;
2003 a. 37,
85,
99,
135,
255,
326;
2005 a. 74,
297,
335,
361,
479,
483;
2007 a. 20,
96,
226;
2009 a. 2,
28,
165,
205,
265,
269,
295,
332,
344; s. 13.92 (1) (bm) 2., (2) (i).
71.46
71.46
Rates of taxation. 71.46(1)(1) The taxes to be assessed, levied and collected upon Wisconsin net incomes of corporations shall be computed at the rate of 7.9%.
