71.28(1dm)(k)
(k) If a person who is entitled under s.
238.395 (3) (a) 4. or s.
560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under
s. 238.395 (5),
239.398 (3) [
s. 238.398 (3)], or
238.3995 (4) or s.
560.795 (5), 2009 stats., s.
560.798 (3), 2009 stats., or s.
560.7995 (4), 2009 stats., ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
71.28 Note
NOTE: The correct cross-reference is shown in brackets corrective legislation is pending.
71.28(1dm)(L)
(L) Subsection (4) (g) and
(h) as it applies to the credit under
sub. (4) applies to the credit under this subsection.
71.28(1ds)
(1ds) Development zones sales tax credit. 71.28(1ds)(a)2.
2. "Eligible property" means construction materials and supplies and other materials that are used to construct, rehabilitate, repair or remodel real property that is eligible for the credit under
sub. (1dL) and investment credit property.
71.28(1ds)(a)3.
3. "Investment credit property" means depreciable, tangible personal property that is eligible for the credit under
sub. (1di) and leased or rented depreciable, tangible personal property that would be eligible for the credit under
sub. (1di) if it had been purchased.
71.28(1ds)(b)
(b) Except as provided in
pars. (dm) and
(e) and
s. 73.03 (35), for any taxable year for which the person is certified under s.
560.765 (3), 2009 stats., for tax benefits, any person may claim as a credit against taxes otherwise due under this chapter the taxes paid under
subchs. III and
V of ch. 77 on their purchases, leases and rentals of eligible property. Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, that credit shall be determined on the basis of their economic activity, not that of their partners, members or shareholders. The partnership, limited liability company or corporation shall compute the amount of credit that may be claimed by each of its partners, members or shareholders and shall provide that information to its partners, members or shareholders. 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.
71.28(1ds)(d)
(d) No credit may be allowed under this subsection unless the claimant submits with the claimant's return:
71.28(1ds)(d)2.
2. A statement from the department of commerce verifying the amount of taxes paid under
subchs. III and
V of ch. 77 for eligible property by the claimant.
71.28(1ds)(dm)
(dm) In calculating the credit under
par. (b) a claimant shall reduce the sales tax paid for building supplies and materials by the reduction under
sub. (1dL) (bm) and shall reduce the sales tax paid for investment credit property by the percentage reduction under
sub. (1di) (dm).
71.28(1ds)(e)
(e) The rules under
sub. (1di) (f) and
(g) as they apply to the credit under that subsection apply to the credit under this subsection.
71.28(1ds)(f)
(f) Subsection (4) (g) and
(h) as it applies to the credit under that subsection applies to the credit under this subsection.
71.28(1ds)(h)
(h) The rules under
sub. (1di) (b) and
(c) as they apply to the credit under that subsection apply to the credit under this subsection.
71.28(1ds)(i)
(i) The development zones credit under this subsection, as it applies to a person certified under s.
560.765 (3), 2009 stats., applies to a corporation that conducts economic activity in a development opportunity zone under s.
560.795 (1), 2009 stats., and that is entitled to tax benefits under s.
560.795 (3), 2009 stats., subject to the limits under s.
560.795 (2), 2009 stats. A development opportunity zone credit under this paragraph may be calculated using expenses incurred by a claimant beginning on the effective date under s.
560.795 (2) (a), 2009 stats., of the development opportunity zone designation of the area in which the claimant conducts economic activity.
71.28(1ds)(j)
(j) 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.
71.28(1dx)(a)1.
1. "Brownfield" means an industrial or commercial facility the expansion or redevelopment of which is complicated by environmental contamination.
71.28(1dx)(a)3.
3. "Environmental remediation" means removal or containment of environmental pollution, as defined in
s. 299.01 (4), and restoration of soil or groundwater that is affected by environmental pollution, as defined in
s. 299.01 (4), in a brownfield if that removal, containment or restoration fulfills the requirement under
sub. (1de) (a) 1. and investigation unless the investigation determines that remediation is required and that remediation is not undertaken.
71.28(1dx)(a)4.
4. "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and receives benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.
71.28(1dx)(a)5.
5. "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under
s. 49.145 (2) and
(3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in
s. 49.141 (1) (n), or in a real work, real pay project position under
s. 49.147 (3m), a person who is eligible for child care assistance under
s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in
26 USC 51 (d) (7), a dislocated worker, as defined in
29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under
sub. (1dj) (am) 3. by a designated local agency, as defined in
sub. (1dj) (am) 2.
71.28(1dx)(b)
(b)
Credit. Except as provided in
pars. (be) and
(bg) and in
s. 73.03 (35), and subject to s.
238.385 or s.
560.785, 2009 stats., for any taxable year for which the person is entitled under s.
238.395 (3) or s.
560.795 (3), 2009 stats., to claim tax benefits or certified under
s. 238.365 (3),
238.397 (4),
238.398 (3), or
238.3995 (4) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., s.
560.798 (3), 2009 stats., or s.
560.7995 (4), 2009 stats., any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:
71.28(1dx)(b)1.
1. Fifty percent of the amount expended for environmental remediation in a development zone.
71.28(1dx)(b)2.
2. The amount determined by multiplying the amount determined under s.
238.385 (1) (b) or s.
560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) or the subsidies and reimbursements paid under
s. 49.147 (3m) (c) for those jobs.
71.28(1dx)(b)3.
3. The amount determined by multiplying the amount determined under s.
238.385 (1) (c) or s.
560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) or the subsidies and reimbursements paid under
s. 49.147 (3m) (c) for those jobs.
71.28(1dx)(b)4.
4. The amount determined by multiplying the amount determined under s.
238.385 (1) (bm) or s.
560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s.
238.385 or s.
560.785, 2009 stats., excluding jobs for which a credit has been claimed under
sub. (1dj), in an enterprise development zone under s.
238.397 or s.
560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under
s. 49.147 (3) (a) or the subsidies and reimbursements paid under
s. 49.147 (3m) (c) for those jobs.
71.28(1dx)(b)5.
5. The amount determined by multiplying the amount determined under s.
238.385 (1) (c) or s.
560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s.
238.385 or s.
560.785, 2009 stats., excluding jobs for which a credit has been claimed under
sub. (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) or the subsidies and reimbursements paid under
s. 49.147 (3m) (c) for those jobs.
71.28(1dx)(be)
(be)
Offset. A claimant in a development zone under s.
238.395 (1) (e) or s.
560.795 (1) (e), 2009 stats., may offset any credits claimed under this subsection, including any credits carried over, against the amount of the tax otherwise due under this subchapter attributable to all of the claimant's income and against the tax attributable to income from directly related business operations of the claimant.
71.28(1dx)(bg)
(bg)
Other entities. For claimants in a development zone under s.
238.395 (1) (e) or s.
560.795 (1) (e), 2009 stats., 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.
71.28(1dx)(c)
(c)
Credit precluded. If the certification of a person for tax benefits under
s. 238.365 (3),
238.397 (4),
238.398 (3), or
238.3995 (4) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., s.
560.798 (3), 2009 stats., or s.
560.7995 (4), 2009 stats., is revoked, or if the person becomes ineligible for tax benefits under s.
238.395 (3) or s.
560.795 (3), 2009 stats., that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.
71.28(1dx)(d)
(d)
Carry-over precluded. If a person who is entitled under s.
238.395 (3) or s.
560.795 (3), 2009 stats., to claim tax benefits or certified under
s. 238.365 (3),
238.397 (4),
238.398 (3), or
238.3995 (4) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., s.
560.798 (3), 2009 stats., or s.
560.7995 (4), 2009 stats., for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
71.28(1dx)(e)
(e)
Administration. Subsection (4) (e) to
(h), as it applies to the credit under
sub. (4), applies to the credit under this subsection.
Subsection (1dj) (c), as it applies to the credit under
sub. (1dj), applies to the credit under this subsection. Claimants shall include with their returns a copy of their certification for tax benefits and a copy of the department of commerce's verification of their expenses.
71.28(1dy)(a)(a)
Definition. In this subsection, "claimant" means a person who files a claim under this subsection and is certified under s.
238.301 (2) or s.
560.701 (2), 2009 stats., and authorized to claim tax benefits under s.
238.303 or s.
560.703, 2009 stats.
71.28(1dy)(b)
(b)
Filing claims. Subject to the limitations under this subsection and ss.
238.301 to
238.306 or s.
560.701 to
560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under
s. 71.23, up to the amount of the tax, the amount authorized for the claimant under s.
238.303 or s.
560.703, 2009 stats.
71.28(1dy)(c)1.1. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification under s.
238.301 (2) or s.
560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s.
238.303 (3) or s.
560.703 (3), 2009 stats.
71.28(1dy)(c)2.
2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their authorization to claim tax benefits under s.
238.303 or s.
560.703, 2009 stats. A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
71.28(1dy)(d)1.1. Except as provided in
subd. 2.,
sub. (4) (e) and
(f), as it applies to the credit under
sub. (4), applies to the credit under this subsection.
71.28(1dy)(d)2.
2. If a claimant's certification is revoked under s.
238.305 or s.
560.705, 2009 stats., or if a claimant becomes ineligible for tax benefits under s.
238.302 or s.
560.702, 2009 stats., the claimant may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years and the claimant may not carry over unused credits from previous years to offset the tax imposed under
s. 71.23 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the claimant becomes ineligible for tax benefits; or succeeding taxable years.
71.28(2)
(2) Farmland preservation credit. The farmland preservation credit under
subch. IX may be claimed against taxes otherwise due subject to the provisions, requirements and conditions of that subchapter.
71.28(2m)(a)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 this subsection is claimed, except as follows:
71.28(2m)(a)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.
71.28(2m)(a)1.b.
b. For partnerships, except publicly traded partnerships treated as corporations under
s. 71.22 (1k), or limited liability companies, except limited liability companies treated as corporations under
s. 71.22 (1k), "claimant" means each individual partner or member.
71.28(2m)(a)1.c.
c. For purposes of filing a claim under this subsection, 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.
71.28(2m)(a)1.d.
d. For purposes of filing a claim under this subsection, when land is subject to a land contract, the claimant shall be the vendee under the contract.
71.28(2m)(a)1.e.
e. For purposes of filing a claim under this subsection, when a guardian has been appointed in this state for a ward who owns the farmland, the claimant shall be the guardian on behalf of the ward.
71.28(2m)(a)1.f.
f. For a tax-option corporation, "claimant" means each individual shareholder.
71.28(2m)(a)3.
3. "Farmland" means 35 or more acres of real property, exclusive of improvements, in this state, in agricultural use, as defined in s.
91.01 (1), 2007 stats., and owned by the claimant or any member of the claimant's household during the taxable year for which a credit under this subsection is claimed if the farm of which the farmland is a part, during that year, produced not less than $6,000 in gross farm profits resulting from agricultural use, as defined in s.
91.01 (1), 2007 stats., or if the farm of which the farmland is a part, during that year and the 2 years immediately preceding that year, produced not less than $18,000 in such profits, or if at least 35 acres of the farmland, during all or part of that year, was enrolled in the conservation reserve program under
16 USC 3831 to
3836.
71.28(2m)(a)4.
4. "Gross farm profits" means gross receipts, excluding rent, from agricultural use, as defined in s.
91.01 (1), 2007 stats., including the fair market value at the time of disposition of payments in kind for placing land in federal programs or payments from the federal dairy termination program under
7 USC 1446 (d), less the cost or other basis of livestock or other items purchased for resale which are sold or otherwise disposed of during the taxable year.
71.28(2m)(a)5.
5. "Household" means an individual and his or her spouse and all minor dependents.
71.28(2m)(a)6.
6. "Property taxes accrued" means property taxes, exclusive of special assessments, delinquent interest and charges for service, levied on the farmland owned by the claimant or any member of the claimant's household in any calendar year under
ch. 70, less the tax credit, if any, afforded in respect of the property by
s. 79.10. "Property taxes accrued" shall not exceed $10,000. If farmland is owned by a tax-option corporation, a limited liability company or by 2 or more persons or entities as joint tenants, tenants in common or partners or is 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 levied on the farmland, reduced by the tax credit under
s. 79.10, that reflects the ownership percentage of the claimant and the claimant's household. For purposes of this subdivision, property taxes are "levied" when the tax roll is delivered to the local treasurer for collection. If farmland is sold during the calendar year of the levy the "property taxes accrued" for the seller is the amount of the tax levy, reduced by the tax credit under
s. 79.10, prorated to each in the closing agreement pertaining to the sale of the farmland, except that if the seller does not reimburse the buyer for any part of those property taxes there are no "property taxes accrued" for the seller, and the "property taxes accrued" for the buyer is the property taxes levied on the farmland, reduced by the tax credit under
s. 79.10, minus, if the seller reimburses the buyer for part of the property taxes, the amount prorated to the seller in the closing agreement. With the claim for credit under this subsection, the seller shall submit a copy of the closing agreement and the buyer shall submit a copy of the closing agreement and a copy of the property tax bill.
71.28(2m)(b)1.a.a. Subject to the limitations provided in this subsection and
s. 71.80 (3) and
(3m), a claimant may claim as a credit against Wisconsin income taxes otherwise due, the amount derived under
par. (c). 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 paid from the appropriations under
s. 20.835 (2) (ka) and
(q).
71.28(2m)(b)1.b.
b. Every claimant under this subsection shall supply, at the request of the department, in support of the claim, a copy of the property tax bill relating to the farmland and certification by the claimant that all taxes owed by the claimant on the property for which the claim is made for the year before the year for which the claim is made have been paid.
71.28(2m)(b)2.
2. `Ineligible claims.' No credit may be allowed under this subsection:
71.28(2m)(b)2.b.
b. If the department determines that ownership of the farmland has been transferred to the claimant for the purpose of maximizing benefits under this subsection.
71.28(2m)(c)1.1. Any claimant may claim against taxes otherwise due under this chapter a percentage, as determined by the department under
subd. 3., of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,500, except that the credit under this subsection plus the credit under
subch. IX may not exceed 95% of the property taxes accrued on the farm.
71.28(2m)(c)2.
2. Any claimant may claim against taxes otherwise due under this chapter, on an income or franchise tax return that includes the levy date, an additional one-time credit of 4.2% of the property taxes accrued, that are levied in December 1989, up to a maximum of $420.
71.28(2m)(c)3.
3. The department shall annually adjust the percentage that is used to determine the amount of a claim under
subd. 1. based on the estimated number of claims and the amount estimated to be expended from the appropriation under
s. 20.835 (2) (q), as determined under
s. 79.13. The department shall incorporate the annually adjusted percentage into the income tax forms and instructions.
71.28(2m)(d)
(d)
General provisions. Section 71.61 (1) to
(4) as it applies to the credit under
subch. IX applies to the credit under this subsection.
71.28(2m)(e)
(e)
Sunset. No new claim may be filed under this subsection for a taxable year that begins after December 31, 2009.
71.28(3)
(3) Manufacturing sales tax credit. 71.28(3)(a)2.
2. "Sales and use tax under
ch. 77 paid by the corporation" includes use taxes paid directly by the corporation and sales and use taxes paid by the corporation's supplier and passed on to the corporation whether separately stated on the invoice or included in the total price.
71.28(3)(b)
(b) The tax imposed upon or measured by corporation Wisconsin net income under
s. 71.23 (1) or
(2) shall be reduced by an amount equal to the sales and use tax under
ch. 77 paid by the corporation in such taxable year on fuel and electricity consumed in manufacturing tangible personal property in this state. Shareholders of a tax-option corporation and partners may claim the credit under this subsection, based on eligible sales and use taxes paid by the tax-option corporation or partnership, in proportion to the ownership interest of each shareholder or partner. The tax-option corporation or partnership shall calculate the amount of the credit that may be claimed by each shareholder or partner and shall provide that information to the shareholder or partner.
71.28(3)(c)1.1. Except as provided in
subd. 7., if the credit computed under
par. (b) is not entirely offset against Wisconsin income or franchise taxes otherwise due, the unused balance shall be carried forward and credited against Wisconsin income or franchise taxes otherwise due for the following 20 taxable years to the extent not offset by these taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.
71.28(3)(c)2.
2. For shareholders in a tax-option corporation, the credit may be offset only against the tax imposed on the shareholder's prorated share of the tax-option corporation's income.
71.28(3)(c)3.
3. For partners, the credit may be offset only against the tax imposed on the partner's distributive share of partnership income.
71.28(3)(c)4.
4. If a tax-option corporation becomes liable for tax for a taxable year that begins on or after January 1, 1998, the corporation may offset the credit against the tax due, with any remaining credit computed for a taxable year that begins on or after January 1, 1998, passing through to the shareholders.
71.28(3)(c)5.
5. If a corporation that is not a tax-option corporation has a carry-over credit from a taxable year that begins on or after January 1, 1998, and becomes a tax-option corporation before the credit carried over is used, the unused portion of the credit may be used by the tax-option corporation's shareholders on a prorated basis.
71.28(3)(c)6.
6. If the shareholders of a tax-option corporation have carry-over credits and the corporation becomes a corporation other than a tax-option corporation after October 14, 1997, and before the credits carried over are used, the unused portion of the credits may be used by the corporation that is not a tax-option corporation.
71.28(3)(c)7.
7. No credit may be claimed under this subsection for taxable years that begin after December 31, 2005. For credits that are claimed but unused under this subsection for taxable years that begin before January 1, 2006, up to 50 percent may be used in each of the following 2 taxable years if the taxpayer has $25,000 or less in unused credits as of January 1, 2006. For taxable years beginning after December 31, 2005, and before January 1, 2008, a taxpayer who has more than $25,000 in unused credits as of January 1, 2006, may deduct an amount in each year that is equal to 50 percent of the amount the taxpayer added back to income under
s. 71.26 (2) (a) at the time that the taxpayer first claimed the credit or, with regard to credits passed through from a partnership, limited liability company, or tax-option corporation, 50 percent of the amount that the entity added back to its income and was included in the partner's, member's, or shareholder's Wisconsin net income at the time that the credit was first claimed.
71.28 Cross-reference
Cross-reference: See also s.
Tax 2.11, Wis. adm. code.
