71.05(24)(a)1.
1. "Claimant" means an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation.
71.05(24)(a)3.
3. "Long-term capital gain" means the gain realized from the sale of any capital asset held more than one year that is treated as a long-term gain under the Internal Revenue Code.
71.05(24)(b)
(b) For taxable years beginning after December 31, 2010, a claimant may subtract from federal adjusted gross income any amount, up to $10,000,000, of a long-term capital gain if the claimant does all of the following:
71.05(24)(b)1.
1. Deposits the gain into a segregated account in a financial institution.
71.05(24)(b)2.
2. Within 180 days after the sale of the asset that generated the gain, invests all of the proceeds in the account described under
subd. 1. in a qualified new business venture.
71.05(24)(b)3.
3. After making the investment as described under
subd. 2., notifies the department, on a form prepared by the department, that the claimant will not declare on the claimant's income tax return the gain described under
subd. 1. because the claimant has reinvested the capital gain as described under
subd. 2. The form shall be sent to the department along with the claimant's income tax return for the year to which the claim relates.
71.05(24)(c)
(c) The basis of the investment described in
par. (b) 2. shall be calculated by subtracting the gain described in
par. (b) 1. from the amount of the investment described in
par. (b) 2.
71.05(24)(d)
(d) If a claimant defers the payment of income taxes on a capital gain under this subsection, the claimant may not use the gain described under
par. (b) 1. to net capital gains and losses, as described under
sub. (10) (c).
71.05(25)
(25) Capital gains exclusion; Wisconsin-source assets. 71.05(25)(a)1.
1. "Claimant" means an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation.
71.05(25)(a)2.
2. "Qualifying gain" means the gain realized from the sale of any asset which is a Wisconsin capital asset in the year it is purchased by the claimant and for at least 2 of the subsequent 4 years; that is purchased after December 31, 2010; that is held for at least 5 uninterrupted years; and that is treated as a long-term gain under the Internal Revenue Code; except that a qualifying gain may not include any amount for which the claimant claimed a subtraction under
sub. (24) (b) or any gain described under
sub. (26) (b) 1.
71.05(25)(a)3.
3. "Wisconsin business" means a business certified by the Wisconsin Economic Development Corporation under
s. 238.145.
71.05(25)(a)4.
4. "Wisconsin capital asset" means any of the following:
71.05(25)(a)4.a.
a. Real or tangible personal property that is located in this state and used in a Wisconsin business.
71.05(25)(b)
(b) For taxable years beginning after December 31, 2015, for a Wisconsin capital asset that is purchased after December 31, 2010, and held for at least 5 years, a claimant may subtract from federal adjusted gross income the lesser of one of the following amounts, to the extent that it is not subtracted under
sub. (6) (b) 9. or
9m.:
71.05(25)(b)1.
1. The amount of the claimant's federal net capital gain as reported on Schedule D of the claimant's federal income tax return for the taxable year to which the claim relates, but this subdivision applies only if, in that taxable year, the claimant has a qualifying gain.
71.05(25)(b)2.
2. The amount of the claimant's qualifying gain in the year to which the claim relates.
71.05(26)
(26) Income tax deferral; long-term Wisconsin capital assets. 71.05(26)(a)1.
1. "Claimant" means an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation.
71.05(26)(a)3.
3. "Long-term capital gain" means the gain realized from the sale of any capital asset held more than one year that is treated as a long-term gain under the Internal Revenue Code.
71.05(26)(a)4.
4. "Qualified Wisconsin business" means a business certified by the Wisconsin Economic Development Corporation under
s. 238.146.
71.05(26)(b)
(b) For taxable years beginning after December 31, 2010, a claimant may subtract from federal adjusted gross income any amount of a long-term capital gain if the claimant does all of the following:
71.05(26)(b)1.
1. Deposits the gain into a segregated account in a financial institution.
71.05(26)(b)2.
2. Within 180 days after the sale of the asset that generated the gain, invests all of the proceeds in the account described under
subd. 1. in a qualified Wisconsin business.
71.05(26)(b)3.
3. After making the investment as described under
subd. 2., notifies the department, on a form prepared by the department, that the claimant will not declare on the claimant's income tax return the gain described under
subd. 1. because the claimant has reinvested the capital gain as described under
subd. 2. The form shall be sent to the department along with the claimant's income tax return for the year to which the claim relates.
71.05(26)(c)
(c) The basis of the investment described in
par. (b) 2. shall be calculated by subtracting the gain described in
par. (b) 1. from the amount of the investment described in
par. (b) 2.
71.05(26)(d)
(d) If a claimant defers the payment of income taxes on a capital gain under this subsection, the claimant may not use the gain described under
par. (b) 1. to net capital gains and losses, as described under
sub. (10) (c).
71.05(26)(e)
(e) If a claimant claims the subtraction under this subsection, the claimant may not use the gain described under
par. (b) 1. to claim a subtraction under
sub. (24).
71.05(26)(f)
(f) If a claimant claims the subtraction under this subsection, the gain described under
par. (b) 1. may not be used as a qualifying gain under
sub. (25).
71.05 History
History: 1987 a. 312;
1987 a. 411 ss.
42,
43,
45,
47 to
49,
51 to
53;
1989 a. 31,
46;
1991 a. 2,
37,
39,
269;
1993 a. 16,
112,
204,
263,
437;
1995 a. 27,
56,
209,
227,
261,
371,
403,
453;
1997 a. 27,
35,
39,
237;
1999 a. 9,
32,
44,
54,
65,
167;
2001 a. 16,
104,
105,
109;
2003 a. 85,
99,
119,
135,
183,
255,
289,
321,
326;
2005 a. 22,
25,
216,
254,
335,
361,
479,
483;
2007 a. 20,
96,
226;
2009 a. 2,
28,
205,
265,
269,
276,
295,
332,
344;
2011 a. 3,
5,
10,
32,
212,
232,
237;
2011 a. 260 ss.
80,
81; s. 13.92 (1) (bm) 2., (2) (i).
71.05 Annotation
Shareholder distributions derived from investments in direct obligations of the federal government are exempt under sub. (6) (b) 1. Capital Preservation v. DOR
145 Wis. 2d 841,
429 N.W.2d 551 (Ct. App. 1988).
71.05 Annotation
The fact that federal employees whose service is interrupted can repurchase prior years of employment for benefit determination purposes does not erase their absence from employment on December 31, 1963 so that they may be considered to have been employed on that date under sub. (1) (a). Hafner v. DOR,
2000 WI App 216,
239 Wis. 2d 218,
619 N.W.2d 300,
00-0511.
71.05 Annotation
Sub. (6) (a) 1. requires adding to Wisconsin income all types of interest excluded from federal interest. All distributions characterized as interest under federal tax law must be included as interest income. Borge v. Wisconsin Tax Appeals Commission,
2002 WI App 14,
250 Wis. 2d 624,
639 N.W.2d 757,
01-0488.
71.05 Annotation
When an agreement is silent on the allocation of a payment between a covenant not to compete and other claims or compensation, the commission may make a reasonable allocation if it is: 1) based on credible evidence; 2) the parties intended a portion of the payment as compensation for the covenant not to compete; and 3) the payment is economically reasonable. Schwartz v. DOR,
2002 WI App 255,
258 Wis. 2d 112,
653 N.W.2d 150,
02-0372.
71.05 Annotation
Under sub. (1) (a), if one was a member of one of the listed funds on December 31, 1963, retirement benefits paid on that person's behalf may not be exempt. Withdrawal of contributions terminated membership and the purchase of previously forfeited years of service did not reinstate the account as of December 31, 1963. Kamps v. DOR,
2003 WI App 106,
264 Wis. 2d 794,
663 N.W.2d 306,
02-2355.
71.05 Annotation
Sub. (6) (b) 5. requires that there must be a recovery of a federal itemized deduction, for which no tax benefit was received for Wisconsin purposes. The tax benefit rule means that if an amount deducted from gross income in one taxable year is recoverable in a later year, the recovery is income in the later year. Dettwiler v. Wisconsin Department of Revenue,
2007 WI App 125,
301 Wis. 2d 512,
731 N.W.2d 663,
06-1660.
71.05 Annotation
Adoption Assistance Offers Tax Relief. Franklin. Wis. Law. Feb. 1998.
71.06
71.06
Rates of taxation. 71.06(1)(1)
Fiduciaries, single individuals and heads of households; 1986 to 1997. 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 for taxable years beginning on or after August 1, 1986, and before January 1, 1994, and upon the taxable incomes of all fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, and single individuals and heads of households for taxable years beginning after December 31, 1993, and before January 1, 1998, shall be computed at the following rates:
71.06(1)(a)
(a) On all taxable income from $0 to $7,500, 4.9%.
71.06(1)(b)
(b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.55%.
71.06(1)(c)
(c) On all taxable income exceeding $15,000, 6.93%.
71.06(1m)
(1m) Fiduciaries, single individuals and heads of households; 1997 to 1999. 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, 1997, and before January 1, 2000:
71.06(1m)(a)
(a) On all taxable income from $0 to $7,500, 4.77%.
71.06(1m)(b)
(b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.37%.
71.06(1m)(c)
(c) On all taxable income exceeding $15,000, 6.77%.
71.06(1n)
(1n) Fiduciaries, single individuals and heads of households; 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, 1999, and before January 1, 2001:
71.06(1n)(a)
(a) On all taxable income from $0 to $7,500, 4.73%.
71.06(1n)(b)
(b) On all taxable income exceeding $7,500 but not exceeding $15,000, 6.33%.
71.06(1n)(c)
(c) On all taxable income exceeding $15,000 but not exceeding $112,500, 6.55%.
71.06(1n)(d)
(d) On all taxable income exceeding $112,500, 6.75%.
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%.
