71.28(3q)(a)2.
2. "Eligible employee" means, for taxable years beginning before January 1, 2011, an eligible employee under s.
560.2055 (1) (b), 2009 stats., who satisfies the wage requirements under s.
560.2055 (3) (a) or
(b), 2009 stats., or, for taxable years beginning after December 31, 2010, an eligible employee under
s. 238.16 (1) (b) who satisfies the wage requirements under
s. 238.16 (3) (a) or
(b).
71.28(3q)(b)
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
238.16 or s.
560.2055, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the taxes imposed under
s. 71.23 any of the following:
71.28(3q)(b)1.
1. The amount of wages that the claimant paid to an eligible employee in the taxable year, not to exceed 10 percent of such wages, as determined under s.
238.16 or s.
560.2055, 2009 stats.
71.28(3q)(c)1.1. 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 payment of amounts under
par. (b). 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(3q)(c)2.
2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s.
238.16 (2) or s.
560.2055 (2), 2009 stats.
71.28(3q)(c)3.
3. The maximum amount of credits that may be awarded under this subsection and
ss. 71.07 (3q) and
71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of any credits reallocated under s.
238.15 (3) (d) or s.
560.205 (3) (d), 2009 stats.
71.28(3q)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.23, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under
s. 20.835 (2) (bb), except that the amounts certified under this subdivision for taxable years beginning after December 31, 2009, and before January 1, 2012, shall be paid in taxable years beginning after December 31, 2011.
71.28(3r)
(3r) Meat processing facility investment credit. 71.28(3r)(a)1.
1. "Claimant" means a person who files a claim under this subsection.
71.28(3r)(a)2.
2. "Meat processing" means processing livestock into meat products or processing meat products for sale commercially.
71.28(3r)(a)3.
3. "Meat processing modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for meat processing, including the following, if used exclusively for meat processing and if acquired and placed in service in this state during taxable years that begin after December 31, 2008, and before January 1, 2017:
71.28(3r)(a)3.a.
a. Building construction, including livestock handling, product intake, storage, and warehouse facilities.
71.28(3r)(a)3.c.
c. Upgrades to utilities, including water, electric, heat, refrigeration, freezing, and waste facilities.
71.28(3r)(a)3.e.
e. Processing and manufacturing equipment, including cutting equipment, mixers, grinders, sausage stuffers, meat smokers, curing equipment, cooking equipment, pipes, motors, pumps, and valves.
71.28(3r)(a)3.f.
f. Packaging and handling equipment, including sealing, bagging, boxing, labeling, conveying, and product movement equipment.
71.28(3r)(a)3.h.
h. Waste treatment and waste management equipment, including tanks, blowers, separators, dryers, digesters, and equipment that uses waste to produce energy, fuel, or industrial products.
71.28(3r)(a)3.i.
i. Computer software and hardware used for managing the claimant's meat processing operation, including software and hardware related to logistics, inventory management, production plant controls, and temperature monitoring controls.
71.28(3r)(a)4.
4. "Used exclusively" means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.
71.28(3r)(b)
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
93.545 or s.
560.208, 2009 stats., for taxable years beginning after December 31, 2008, and before January 1, 2017, a claimant may claim as a credit against the taxes imposed under
s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for meat processing modernization or expansion related to the claimant's meat processing operation.
71.28(3r)(c)1.1. No credit may be allowed under this subsection for any amount that the claimant paid for expenses described under
par. (b) that the claimant also claimed as a deduction under section
162 of the Internal Revenue Code.
71.28(3r)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000.
71.28(3r)(c)3.b.
b. The maximum amount of the credits that may be allocated under this subsection and
ss. 71.07 (3r) and
71.47 (3r) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
93.545 or s.
560.208, 2009 stats.
71.28(3r)(c)4.
4. 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 payment of expenses under
par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed $200,000. 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 interest.
71.28(3r)(c)5.
5. If 2 or more persons own and operate the meat processing operation, each person may claim a credit under
par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the meat processing operation shall not exceed $200,000.
71.28(3r)(c)6.
6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s.
93.545 or s.
560.208, 2009 stats.
71.28(3r)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.23, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under
s. 20.835 (2) (bd).
71.28 Cross-reference
Cross-reference: See also ch.
ATCP 164, Wis. adm. code.
71.28(3rm)
(3rm) Woody biomass harvesting and processing credit. 71.28(3rm)(a)1.
1. "Claimant" means a person who files a claim under this subsection.
71.28(3rm)(a)2.
2. "Used primarily" means used to the exclusion of all other uses except for use not exceeding 25 percent of total use.
71.28(3rm)(a)3.
3. "Woody biomass" means trees and woody plants, including limbs, tops, needles, leaves, and other woody parts, grown in a forest or woodland or on agricultural land.
71.28(3rm)(b)
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
93.547 or s.
560.209, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2016, a claimant may claim as a credit against the taxes imposed under
s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for equipment that is used primarily to harvest or process woody biomass that is used as fuel or as a component of fuel.
71.28(3rm)(c)1.1. No credit may be allowed under this subsection for any amount that the claimant paid for expenses described under
par. (b) that the claimant also claimed as a deduction under section
162 of the Internal Revenue Code.
71.28(3rm)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $100,000.
71.28(3rm)(c)4.
4. 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 payment of expenses under
par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed $100,000. 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 interest.
71.28(3rm)(c)5.
5. If 2 or more persons own and operate a woody biomass harvesting or processing operation, each person may claim a credit under
par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the operation shall not exceed $100,000.
71.28(3rm)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.23, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under
s. 20.835 (2) (bc).
71.28 Cross-reference
Cross-reference: See also ch.
ATCP 166, Wis. adm. code.
71.28(3rn)
(3rn) Food processing plant and food warehouse investment credit. 71.28(3rn)(a)1.
1. "Claimant" means a person who files a claim under this subsection.
71.28(3rn)(a)2.
2. "Food processing plant" has the meaning given in
s. 97.29 (1) (h), except that it does not include dairy plants licensed under
s. 97.20 or meat establishments licensed under
s. 97.42.
71.28(3rn)(a)4.
4. "Food processing plant or food warehouse modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for food processing or food warehousing, including the following, if used exclusively for food processing or food warehousing and if acquired and placed in service in this state during taxable years that begin after December 31, 2009, and before January 1, 2017:
71.28(3rn)(a)4.c.
c. Upgrades to utilities, including water, electric, heat, refrigeration, freezing, and waste facilities.
71.28(3rn)(a)4.d.
d. Installing energy savings equipment or equipment that converts waste to energy.
71.28(3rn)(a)4.f.
f. Processing and manufacturing equipment, including vats, cookers, freezers, pipes, motors, pumps, and valves.
71.28(3rn)(a)4.g.
g. Packaging and handling equipment, including cleaning, sealing, bagging, boxing, labeling, conveying, and product movement equipment.
71.28(3rn)(a)4.h.
h. Warehouse equipment, including storage racks and loading and unloading equipment.
71.28(3rn)(a)4.i.
i. Waste treatment and waste management equipment, including tanks, blowers, separators, dryers, digesters, and equipment to produce energy, fuel, or industrial products.
71.28(3rn)(a)4.j.
j. Computer software or hardware for managing the claimant's food processing or food warehousing operation, including software and hardware related to logistics, inventory management, production plant controls, and temperature monitoring controls.
71.28(3rn)(a)5.
5. "Used exclusively" means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.
71.28(3rn)(b)
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
93.54 or s.
560.2056, 2009 stats., for taxable years beginning after December 31, 2009, and before January 1, 2017, a claimant may claim as a credit against the tax imposed under
s. 71.23, up to the amount of the tax, an amount equal to 10 percent of the amount the claimant paid in the taxable year for food processing or food warehousing modernization or expansion related to the operation of the claimant's food processing plant or food warehouse.
71.28(3rn)(c)1.1. No credit may be allowed under this subsection for any amount that the claimant paid for expenses described under
par. (b) that the claimant also claimed as a deduction under section
162 of the Internal Revenue Code.
71.28(3rn)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000.
71.28(3rn)(c)4.
4. 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 payment of expenses under
par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed $200,000. 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 interest.
71.28(3rn)(c)5.
5. If 2 or more persons own and operate the food processing plant or food warehouse, each person may claim a credit under
par. (b) in proportion to his or her ownership interest, except that the aggregate amount of the credits claimed by all persons who own and operate the food processing operation shall not exceed $200,000.
71.28(3rn)(c)6.
6. No credit may be allowed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's credit certification and allocation under s.
93.54 or s.
560.2056, 2009 stats.
71.28(3rn)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.23, the amount of the claim not used to offset the tax due shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under
s. 20.835 (2) (be).
71.28 Cross-reference
Cross-reference: See also ch.
ATCP 165, Wis. adm. code.
