71.47 Cross-reference
Cross-reference: See also ch.
ATCP 164, Wis. adm. code.
71.47(3rm)
(3rm) Woody biomass harvesting and processing credit. 71.47(3rm)(a)1.
1. "Claimant" means a person who files a claim under this subsection.
71.47(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.
71.47(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.
71.47(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. 71.43, 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.
71.47(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.
71.47(3rm)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $100,000.
71.47(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.
71.47(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.
71.47(3rm)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.43, 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).
71.47 Cross-reference
Cross-reference: See also ch.
ATCP 166, Wis. adm. code.
71.47(3rn)
(3rn) Food processing plant and food warehouse investment credit. 71.47(3rn)(a)1.
1. "Claimant" means a person who files a claim under this subsection.
71.47(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.
71.47(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:
71.47(3rn)(a)4.c.
c. Upgrades to utilities, including water, electric, heat, refrigeration, freezing, and waste facilities.
71.47(3rn)(a)4.d.
d. Installing energy savings equipment or equipment that converts waste to energy.
71.47(3rn)(a)4.f.
f. Processing and manufacturing equipment, including vats, cookers, freezers, pipes, motors, pumps, and valves.
71.47(3rn)(a)4.g.
g. Packaging and handling equipment, including cleaning, sealing, bagging, boxing, labeling, conveying, and product movement equipment.
71.47(3rn)(a)4.h.
h. Warehouse equipment, including storage racks and loading and unloading equipment.
71.47(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.
71.47(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.
71.47(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.
71.47(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. 71.43, 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.
71.47(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.
71.47(3rn)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000.
71.47(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.
71.47(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.
71.47(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.
71.47(3rn)(d)2.
2. If the allowable amount of the claim under
par. (b) exceeds the tax otherwise due under
s. 71.43, 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).
71.47 Cross-reference
Cross-reference: See also ch.
ATCP 165, Wis. adm. code.
71.47(3t)
(3t) Manufacturing investment credit. 71.47(3t)(a)(a)
Definition. In this subsection, "claimant" means a person who files a claim under this subsection.
71.47(3t)(b)
(b)
Credit. Subject to the limitations provided in this subsection and in s.
560.28, 2009 stats., for taxable years beginning after December 31, 2007, a claimant may claim as a credit, amortized over 15 taxable years starting with the taxable year beginning after December 31, 2007, against the tax imposed under
s. 71.43, up to the amount of the tax, an amount equal to the claimant's unused credits under
s. 71.47 (3).
71.47(3t)(c)1.1. No credit may be claimed under this subsection unless the claimant submits with the claimant's return a copy of the claimant's certification by the department of commerce under s.
560.28, 2009 stats., except that, with regard to credits claimed by partners of a partnership, members of a limited liability company, or shareholders of a tax-option corporation, the entity shall provide a copy of its certification under s.
560.28, 2009 stats., to the partner, member, or shareholder to submit with his or her return.
71.47(3t)(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 the amount of their unused credits under
s. 71.47 (3). 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.
71.47(3t)(d)2.
2. The amount of any unused credit under this subsection in any taxable year may be carried forward to subsequent taxable years, up to 15 taxable years.
71.47(3w)(a)1.
1. "Base year" means the taxable year beginning during the calendar year prior to the calendar year in which the enterprise zone in which the claimant is located takes effect.
71.47(3w)(a)2.
2. "Claimant" means a person who is certified to claim tax benefits under s.
238.399 (5) or s.
560.799 (5), 2009 stats., and who files a claim under this subsection.
71.47(3w)(a)5d.
5d. "Tier I county or municipality" means a tier I county or municipality, as determined under s.
238.399 or s.
560.799, 2009 stats.
71.47(3w)(a)5e.
5e. "Tier II county or municipality" means a tier II county or municipality, as determined under s.
238.399 or s.
560.799, 2009 stats.
71.47(3w)(a)5m.
5m. "Wages" means wages under section
3306 (b) of the Internal Revenue Code, determined without regard to any dollar limitations.
71.47(3w)(a)6.
6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.
71.47(3w)(b)
(b)
Filing claims; payroll. Subject to the limitations provided in this subsection and s.
238.399 or s.
560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under
s. 71.43 an amount calculated as follows:
71.47(3w)(b)1.a.
a. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the area that comprises the enterprise zone in the base year.
71.47(3w)(b)1.b.
b. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the base year.
71.47(3w)(b)2.
2. Determine the claimant's average zone payroll by dividing total wages for full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year.
71.47(3w)(b)3.
3. For employees in a tier I county or municipality, subtract $20,000 from the amount determined under
subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under
subd. 2.
71.47(3w)(b)4.
4. Multiply the amount determined under
subd. 3. by the amount determined under
subd. 1.
71.47(3w)(b)5.
5. Multiply the amount determined under
subd. 4. by the percentage determined under s.
238.399 or s.
560.799, 2009 stats., not to exceed 7 percent.
71.47(3w)(bm)1.1. In addition to the credits under
par. (b) and
subds. 2.,
3., and
4., and subject to the limitations provided in this subsection and s.
238.399 or s.
560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under
s. 71.43 an amount equal to a percentage, as determined under s.
238.399 or s.
560.799, 2009 stats., not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.
71.47(3w)(bm)2.
2. In addition to the credits under
par. (b) and
subds. 1.,
3., and
4., and subject to the limitations provided in this subsection and s.
238.399 or s.
560.799, 2009 stats., a claimant may claim as a credit against the tax imposed under
s. 71.43 an amount equal to the percentage, as determined under s.
238.399 or s.
560.799, 2009 stats., not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under
par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under
par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.
71.47(3w)(bm)3.
3. In addition to the credits under
par. (b) and
subds. 1.,
2., and
4., and subject to the limitations provided in this subsection and s.
238.399 or s.
560.799, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the tax imposed under
s. 71.43 up to 10 percent of the claimant's significant capital expenditures, as determined under s.
238.399 (5m) or s.
560.799 (5m), 2009 stats.
71.47(3w)(bm)4.
4. In addition to the credits under
par. (b) and
subds. 1.,
2., and
3., and subject to the limitations provided in this subsection and s.
238.399 or s.
560.799, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the tax imposed under
s. 71.43, up to 1 percent of the amount that the claimant paid in the taxable year to purchase tangible personal property, items, property, or goods under
s. 77.52 (1) (b),
(c), or
(d), or services from Wisconsin vendors, as determined under s.
238.399 (5) (e) or s.
560.799 (5) (e), 2009 stats., except that the claimant may not claim the credit under this subdivision and
subd. 3. for the same expenditures.
71.47(3w)(c)1.1. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under
s. 71.43, the amount of the claim that is not used to offset those taxes 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 under
s. 20.835 (2) (co).
71.47(3w)(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 payment of amounts described under
pars. (b) and
(bm). 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.
71.47(3w)(c)3.
3. 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.
238.399 (5) or
(5m) or s.
560.799 (5) or
(5m), 2009 stats.
71.47(3w)(c)4.
4. No claimant may claim a credit under this subsection if the basis for which the credit is claimed is also the basis for which another credit is claimed under this subchapter.
71.47(3w)(d)
(d)
Administration. Section 71.28 (4) (g) and
(h), as it applies to the credit under
s. 71.28 (4), 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 verification of their expenses, from the department of commerce or the Wisconsin Economic Development Corporation.
