71.52(6)
(6) "Income" means the sum of Wisconsin adjusted gross income and the following amounts, to the extent not included in Wisconsin adjusted gross income: maintenance payments (except foster care maintenance and supplementary payments excludable under section
131 of the internal revenue code), support money, cash public assistance (not including credit granted under this subchapter and amounts under
s. 46.27), cash benefits paid by counties under
s. 59.53 (21), the gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the federal social security act and veterans disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, nontaxable interest received on state or municipal bonds, worker's compensation, unemployment insurance, the gross amount of "loss of time" insurance, compensation and other cash benefits received from the United States for past or present service in the armed forces, scholarship and fellowship gifts or income, capital gains, gain on the sale of a personal residence excluded under section
121 of the internal revenue code, dividends, income of a nonresident or part-year resident who is married to a full-year resident, housing allowances provided to members of the clergy, the amount by which a resident manager's rent is reduced, nontaxable income of an American Indian, nontaxable income from sources outside this state and nontaxable deferred compensation. Intangible drilling costs, depletion allowances and depreciation, including first-year depreciation allowances under section
179 of the internal revenue code, amortization, contributions to individual retirement accounts under section
219 of the internal revenue code, contributions to Keogh plans, net operating loss carry-forwards and capital loss carry-forwards deducted in determining Wisconsin adjusted gross income shall be added to "income". "Income" does not include gifts from natural persons, cash reimbursement payments made under title XX of the federal social security act, surplus food or other relief in kind supplied by a governmental agency, the gain on the sale of a personal residence deferred under section
1034 of the internal revenue code or nonrecognized gain from involuntary conversions under section
1033 of the internal revenue code. Amounts not included in adjusted gross income but added to "income" under this subsection in a previous year and repaid may be subtracted from income for the year during which they are repaid. Scholarship and fellowship gifts or income that are included in Wisconsin adjusted gross income and that were added to household income for purposes of determining the credit under this subchapter in a previous year may be subtracted from income for the current year in determining the credit under this subchapter. A marital property agreement or unilateral statement under
ch. 766 has no effect in computing "income" for a person whose homestead is not the same as the homestead of that person's spouse.
71.52(7)
(7) "Property taxes accrued" means real or personal property taxes or monthly municipal permit fees under
s. 66.0435 (3) (c), exclusive of special assessments, delinquent interest and charges for service, levied on a homestead owned by the claimant or a member of the claimant's household. "Real or personal property taxes" means those levied under
ch. 70, less the tax credit, if any, afforded in respect of such property by
s. 79.10. If a homestead is owned by 2 or more persons or entities as joint tenants or tenants in common or is owned as marital property or survivorship marital property and one or more such persons, entities or owners is not a member of the claimant's household, property taxes accrued is that part of property taxes accrued levied on such homestead, reduced by the tax credit under
s. 79.10, that reflects the ownership percentage of the claimant and the claimant's household, except that if a homestead is owned by 2 or more natural persons or if 2 or more natural persons have an interest in a homestead, one or more of whom is not a member of the claimant's household, and the claimant has a present interest, as that term is used in
s. 700.03 (1), in the homestead and is required by the terms of a will that transferred the homestead or interest in the homestead to the claimant to pay the entire amount of property taxes levied on the homestead, property taxes accrued is property taxes accrued levied on such homestead, reduced by the tax credit under
s. 79.10. A marital property agreement or unilateral statement under
ch. 766 has no effect in computing property taxes accrued for a person whose homestead is not the same as the homestead of that person's spouse. For purposes of this subsection, property taxes are "levied" when the tax roll is delivered to the local treasurer for collection. If a homestead is sold or purchased during the calendar year of the levy, the property taxes accrued for the seller and the buyer are the amount of the tax levy prorated to each in proportion to the periods of time each both owned and occupied the homestead during the year to which the claim relates. The seller may use the closing agreement pertaining to the sale of the homestead, the property tax bill for the year before the year to which the claim relates or the property tax bill for the year to which the claim relates as the basis for computing property taxes accrued, but those taxes are allowable only for the portion of the year during which the seller owned and occupied the sold homestead. If a household owns and occupies 2 or more homesteads in the same calendar year, property taxes accrued is the sum of the prorated property taxes accrued attributable to the household for each of such homesteads. If the household owns and occupies the homestead for part of the calendar year and rents a homestead for part of the calendar year, it may include both the proration of taxes on the homestead owned and rent constituting property taxes accrued with respect to the months the homestead is rented in computing the amount of the claim under
s. 71.54 (1). If a homestead is an integral part of a multipurpose or multidwelling building, property taxes accrued are the percentage of the property taxes accrued on that part of the multipurpose or multidwelling building occupied by the household as a principal residence plus that same percentage of the property taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably necessary for use of the multipurpose or multidwelling building as a principal residence, except as the limitations of
s. 71.54 (2) (b) apply. If the homestead is part of a farm, property taxes accrued are the property taxes accrued on up to 120 acres of the land contiguous to the claimant's principal residence and include the property taxes accrued on all improvements to real property located on such land, except as the limitations of
s. 71.54 (2) (b) apply.
71.52(8)
(8) "Rent constituting property taxes accrued", except as provided in
ss. 71.54 (2) and
71.55 (8), means 25%, or 20% if heat is included, of the gross rent actually paid in cash or its equivalent by a claimant and his or her household solely for the right of occupancy of their Wisconsin homestead during the calendar year to which the claim relates if that rent constitutes the basis, in the succeeding calendar year, of a claim for relief under this subchapter by such claimant. A marital property agreement or unilateral statement under
ch. 766 has no effect in computing rent constituting property taxes accrued for a person whose homestead is not the same as the homestead of that person's spouse.
71.52 Cross-reference
Cross-reference: See also ch.
Tax 14, Wis. adm. code.
71.53
71.53
Filing claims. 71.53(1)(a)(a) Subject to the limitations provided in this subchapter and
s. 71.80 (3) and
(3m), a claimant may claim as a credit against Wisconsin income taxes otherwise due, Wisconsin property taxes accrued, or rent constituting property taxes accrued, or both. If the allowable amount of claim exceeds the income taxes otherwise due on the claimant's income or if there are no Wisconsin income taxes due on the claimant's income, the amount of the claim not used as an offset against income 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.
71.53(1)(b)
(b) The right to file a claim under this subchapter is personal to the claimant and does not survive the claimant's death. When a claimant dies after having filed a timely claim the amount thereof shall be disbursed under
s. 71.75 (10). The right to file a claim under this subchapter may be exercised on behalf of a living claimant by the claimant's legal guardian or attorney-in-fact.
71.53(1)(c)
(c) Only one claimant per household per year shall be entitled to credit under this subchapter.
71.53(2)
(2) Ineligible claims. No claim under this subchapter may be allowed if any of the following conditions applies:
71.53(2)(a)
(a) Such claim is not filed with the department of revenue in conformity with the filing requirements in
s. 71.03 (6) and
(7).
71.53(2)(b)
(b) The department finds that the claimant received title to his or her homestead primarily for the purpose of receiving benefits under this subchapter.
71.53(2)(c)
(c) The claimant was under 18 years of age at the close of the year to which the claim relates.
71.53(2)(d)
(d) The claimant was claimed as a dependent for federal income tax purposes by another person during the year to which the claim relates but this limitation shall not apply if the claimant was 62 years of age or older at the close of the year to which the claim relates.
71.53(2)(e)
(e) The claimant resided for the entire calendar year to which the claim relates in housing which was exempt from taxation under
ch. 70 other than housing for which payments in lieu of taxes are made under
s. 66.1201 (22) except as provided under
s. 71.54 (2) (c) 2.
71.53(2)(f)
(f) The claimant resides in a nursing home and receives assistance under
s. 49.45 at the time of filing.
71.53 Cross-reference
Cross-reference: See also ss.
Tax 14.02,
14.05, and
14.06, Wis. adm. code.
71.54
71.54
Computation of credit. 71.54(1)(a)(a) 1985 and 1986. The amount of any claim filed in 1985 or 1986 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(a)1.
1. If the household income was $7,400 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(a)2.
2. If the household income was more than $7,400 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 13.187% of the household income exceeding $7,400.
71.54(1)(a)3.
3. No credit may be allowed if the household income of a claimant exceeds $16,500.
71.54(1)(b)
(b)
1987 to 1989. The amount of any claim filed in 1987 to 1989 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(b)1.
1. If the household income was $7,600 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(b)2.
2. If the household income was more than $7,600 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 13.483% of the household income exceeding $7,600.
71.54(1)(b)3.
3. No credit may be allowed if the household income of a claimant exceeds $16,500.
71.54(1)(c)1990.
1990. The amount of any claim filed in 1990 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(c)1.
1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(c)2.
2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 13.5% of the household income exceeding $8,000.
71.54(1)(c)3.
3. No credit may be allowed if the household income of a claimant exceeds $18,000.
71.54(1)(d)
(d) 1991 to 1999. The amount of any claim filed in 1991 to 1999 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(d)1.
1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(d)2.
2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 13% of the household income exceeding $8,000.
71.54(1)(e)2000.2000. The amount of any claim filed in 2000 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(e)1.
1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(e)2.
2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 11.8% of the household income exceeding $8,000.
71.54(1)(e)3.
3. No credit may be allowed if the household income of a claimant exceeds $20,290.
71.54(1)(f)
(f)
2001 and thereafter. Subject to
sub. (2m), the amount of any claim filed in 2001 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:
71.54(1)(f)1.
1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.
71.54(1)(f)2.
2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 8.788% of the household income exceeding $8,000.
71.54(1)(f)3.
3. No credit may be allowed if the household income of a claimant exceeds $24,500.
71.54(2)
(2) Property taxes accrued limitations. 71.54(2)(a)(a) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received relief from any county under
s. 59.53 (21) equal to or in excess of $400, participated in Wisconsin works under
s. 49.147 (4) or
(5) or
49.148 (1m) or received assistance under
s. 49.19, except assistance received:
71.54(2)(a)2.
2. As a relative, other than a parent, with whom any dependent child is living, if the assistance does not include aid to meet the needs of the claimant or the claimant's spouse or children.
71.54(2)(b)
(b) In any case in which property taxes accrued, or rent constituting property taxes accrued, or both, in respect of any one household exceeds the following, the amount thereof shall, for purposes of this subchapter, be deemed to have been the following:
71.54(2)(b)3.
3. Subject to
sub. (2m), in calendar year 1990 or any subsequent calendar year, $1,450.
71.54(2)(c)1.1. If the claimant lived in a homestead that was subject to taxation under
ch. 70 for any part of the year to which the claim relates, the property taxes accrued or rent constituting property taxes accrued or both on that homestead shall be allowed for that part of the year.
71.54(2)(c)2.
2. In addition to property taxes accrued or rent constituting property taxes accrued under
subd. 1., if the claimant moves from a homestead owned by the claimant to housing that is exempt from taxation under
ch. 70, other than housing for which payments in lieu of taxes are made under
s. 66.1201 (22) and other than a correctional or detention facility, a claim may be allowed based on property taxes accrued on that former homestead for the length of time, up to the first 12 months, that the claimant resides in the tax-exempt housing and owns the former homestead, if the claimant has attempted to sell the former homestead but has not rented it out or leased it out.
71.54(2m)
(2m) Indexing for inflation; 2010 and thereafter. 71.54(2m)(a)(a) For calendar years beginning after December 31, 2009, the dollar amounts of the threshold income under
sub. (1) (f) 1. and
2., the maximum household income under
sub. (1) (f) 3. and the maximum property taxes under
sub. (2) (b) 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 12-month average of the U.S. consumer price index for the month of August of the year before the previous year through the month of July of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for August 2007 through July 2008, as determined by the federal department of labor, except that the adjustment may occur only if the percentage is a positive number. 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.
71.54(2m)(b)
(b) The department of revenue shall annually adjust the slope under
sub. (1) (f) 2. such that, as a claimant's income increases from the threshold income as calculated under
par. (a), to an amount that exceeds the maximum household income as calculated under
par. (a), the credit that may be claimed is reduced to $0 and the department of revenue shall incorporate the changes into the income tax forms and instructions.
71.54(3)
(3) Qualified credit minimum. If the amount of a qualified claimant's claim is more than zero but less than $10 the amount of credit paid or credited shall be $10.
71.54(4)
(4) Department will compute credit. The claimant is not required to record on the claim the amount claimed. The claim allowable to persons who do not record the amount shall be computed by the department, which shall notify the claimant by mail of the amount of the allowable claim.
71.54 Cross-reference
Cross-reference: See also ss.
Tax 14.04 and
14.05, Wis. adm. code.
71.55
71.55
General provisions. 71.55(1)(1)
Application of credit against any liability. The amount of any claim otherwise payable under this subchapter may be applied by the department of revenue against any amount certified to the department under
s. 71.93 or
71.935 or may be credited under
s. 71.80 (3) or
(3m).
71.55(2)
(2) Fee charge by lessor not permitted. No lessor may charge a fee for supplying a claimant with the information necessary for the claimant to comply with
sub. (7).
71.55(3)
(3) Forms to be provided by department. In administering this subchapter, the department of revenue shall make available suitable forms with instructions for claimants, including a form that may be included with, or as a part of, the individual income tax form. In preparing homestead credit forms, the department of revenue shall provide a space for identification of the county and city, village or town in which the claimant resides.
71.55 Cross-reference
Cross-reference: See also s.
Tax 2.08, Wis. adm. code.
71.55(4)
(4) Interest not allowed. No interest may be allowed on any payment made to a claimant under this subchapter.
71.55(5)
(5) Legislation may be proposed by department. At the end of each fiscal year, the department of revenue shall review the homestead tax credit program and may propose legislation to adjust the amounts of claims allowable under the program, taking into account findings that social security benefits and the cost of living, as reflected in the index computed by the U.S. bureau of labor statistics, have increased or decreased.
71.55(6)
(6) Penalties. Unless specifically provided in this subchapter, the penalties under
subch. XIII apply for failure to comply with this subchapter unless the context requires otherwise.
71.55(6m)
(6m) Administration. The income tax provisions in this chapter relating to assessments, refunds, appeals and collection apply to the credit under this subchapter.
71.55(7)
(7) Records may be required by department to determine correct credit. To ascertain the correctness of any claim under this subchapter or to determine the amount of the credit under this subchapter of any person, the department may examine, or cause to be examined by any agent or representative designated by the department, any books, papers, records or memoranda bearing on the homestead credit of the person, may require the production of the books, papers, records or memoranda, and require the attendance, of any person having relevant knowledge, and may take testimony and require proof material for its information. Based on the information it discovers, the department shall determine the true amount of homestead credit during the year or years under investigation.
71.55(8)
(8) Rental not at arm's length. In any case in which a homestead is rented by a person from another person under circumstances deemed by the department of revenue to be not at arm's length, it may, with the aid of its property tax bureau, determine rent constituting property taxes accrued as at arm's length, and, for purposes of this subchapter, such determination shall be final.
71.55(9)
(9) Table shall be published. The secretary of revenue shall prepare a table under which claims under this subchapter shall be determined. The table shall be published in the department's instructional booklets.
71.55 Cross-reference
Cross-reference: See also s.
Tax 14.05, Wis. adm. code.
FARMLAND PRESERVATION CREDIT
71.57
71.57
Purpose. The purpose of
ss. 71.58 to
71.61 is to provide credit to owners of farmland which is subject to agricultural use restrictions, through a system of income or franchise tax credits and refunds and appropriations from the general fund.
71.58(1)
(1) "Claimant" means an owner, as defined in s.
91.01 (9), 2007 stats., of farmland, domiciled in this state during the entire year for which a credit under
ss. 71.57 to
71.61 is claimed, except as follows:
71.58(1)(a)
(a) When 2 or more individuals of a household are able to qualify individually as a claimant, they may determine between them who the claimant shall be. If they are unable to agree, the matter shall be referred to the secretary of revenue, whose decision is final.
71.58(1)(b)
(b) If any person in a household has claimed or will claim credit under
subch. VIII, all persons from that household are ineligible to claim any credit under
ss. 71.57 to
71.61 for the year to which the credit under
subch. VIII pertained.
71.58(1)(c)
(c) For partnerships except publicly traded partnerships treated as corporations under
s. 71.22 (1k), "claimant" means each individual partner.
71.58(1)(cm)
(cm) For limited liability companies, except limited liability companies treated as corporations under
s. 71.22 (1k), "claimant" means each individual member.
71.58(1)(d)
(d) For purposes of filing a claim under
ss. 71.57 to
71.61, the personal representative of an estate and the trustee of a trust shall be deemed owners of farmland. "Claimant" does not include the estate of a person who is a nonresident of this state on the person's date of death, a trust created by a nonresident person, a trust which receives Wisconsin real property from a nonresident person or a trust in which a nonresident settlor retains a beneficial interest.
