71.45(2)(b)3.
3. For purposes of the denominator, "total net gain from operations" includes net income, after dividends to policyholders, but before federal income taxes and foreign income or franchise taxes, from fire and casualty insurance; net gain from operations after dividends to policyholders and before federal income taxes, from accident and health and life insurance; and net realized capital gains or losses on investments from accident and health and life insurance operations. "Net income", "net gain from operations", and "net realized capital gains or losses" shall be calculated and reported as required under rules adopted by the commissioner of insurance.
71.45(2)(b)4.
4. The resultant figure shall constitute Wisconsin net income for purposes of the Wisconsin franchise tax measured by net income except with respect to such of said insurers as had, in the taxable year, premiums written on insurance other than life insurance where the subject of such insurance was resident, located or to be performed outside this state.
71.45(3)
(3) Apportionment. Except as provided in
sub. (3d), to determine Wisconsin income for purposes of the franchise tax, domestic insurers that, in the taxable year, have received premiums, other than life insurance premiums, written for insurance on property or risks resident, located or to be performed outside this state shall multiply the net income figure derived by application of
sub. (2) by the arithmetic average of the following 2 percentages:
71.45(3)(a)
(a) Subject to
sub. (3d), the percentage determined by dividing the sum of direct premiums written for insurance other than life insurance, with respect to all property and risks resident, located, or to be performed in this state, and assumed premiums written for reinsurance, other than life insurance, with respect to all property and risks resident, located, or to be performed in this state, by the sum of direct premiums written for insurance on all property and risks, other than life insurance, wherever located, and assumed premiums written for reinsurance on all property and risks, other than life insurance, wherever located. In this paragraph, "direct premiums" means direct premiums as reported for the taxable year on an annual statement that is filed by the insurer with the commissioner of insurance under
s. 601.42 (1g) (a). In this paragraph, "assumed premiums" means assumed reinsurance premiums from domestic insurance companies as reported for the taxable year on an annual statement that is filed with the commissioner of insurance under
s. 601.42 (1g) (a).
71.45(3)(b)1.1. Subject to
sub. (3d), the percentage determined by dividing the payroll, exclusive of life insurance payroll, paid in this state in the taxable year by total payroll, exclusive of life insurance payroll, paid everywhere in the taxable year.
71.45(3)(b)2.
2. Under
subd. 1., payroll is paid in this state if the individual's service is performed entirely in this state; or the individual's service is performed both in and outside of this state, but the service performed outside of this state is incidental to the individual's service in this state; or some service is performed in this state and the base of operations, or if there is no base of operations, the place from which the service is directed or controlled is in this state, or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.
71.45(3d)(a)(a) For taxable years beginning after December 31, 2005, and before January 1, 2007, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by an apportionment fraction composed of the percentage under
sub. (3) (a) representing 60% of the fraction and the percentage under
sub. (3) (b) 1. representing 40% of the fraction.
71.45(3d)(b)
(b) For taxable years beginning after December 31, 2006, and before January 1, 2008, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by an apportionment fraction composed of the percentage under
sub. (3) (a) representing 80% of the fraction and the percentage under
sub. (3) (b) 1. representing 20% of the fraction.
71.45(3d)(c)
(c) For taxable years beginning after December 31, 2007, a domestic insurer that is subject to apportionment under
sub. (3) and this subsection shall multiply the net income figure derived by the application of
sub. (2) by the percentage under
sub. (3) (a).
71.45(3e)
(3e) Apportionment formula computation. 71.45(3e)(a)1.1. For taxable years beginning before January 1, 2008, if both the numerator and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income are zero, the percentage under
sub. (3) (a) is eliminated from the apportionment formula to determine the taxpayer's income under
sub. (3).
71.45(3e)(a)2.
2. For taxable years beginning after December 31, 2007, if both the numerator and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income are zero, none of the taxpayer's net income is apportioned to this state.
71.45(3e)(b)1.1. For taxable years beginning before January 1, 2008, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, the percentage under
sub. (3) (a) is zero.
71.45(3e)(b)2.
2. For taxable years beginning after December 31, 2007, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a negative number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number, a negative number, or zero, none of the taxpayer's net income is apportioned to this state.
71.45(3e)(c)1.1. For taxable years beginning before January 1, 2008, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is zero or a negative number, the percentage under
sub. (3) (a) is one.
71.45(3e)(c)2.
2. For taxable years beginning after December 31, 2007, if the numerator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is a positive number and the denominator used to determine the percentage under
sub. (3) (a) related to a taxpayer's net income is zero or a negative number, all of the taxpayer's net income is apportioned to this state.
71.45(3m)
(3m) Arithmetic average. Except as provided in
sub. (3d), the arithmetic average of the 2 percentages referred to in
sub. (3) shall be applied to the net income figure arrived at by the successive application of
sub. (2) (a) and
(b) with respect to Wisconsin insurers to which
sub. (2) (a) and
(b) applies and which have received premiums, other than life insurance premiums, written for insurance on property or risks resident, located or to be performed outside this state, to arrive at Wisconsin income constituting the measure of the franchise tax.
71.45(3r)
(3r) Allocation of certain proceeds. All income that is realized from the purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state.
71.45(4)
(4) Net business loss carry-forward. 71.45(4)(a)(a) Except as provided in
par. (b), insurers computing tax under this subchapter may subtract from Wisconsin net income any Wisconsin net business loss sustained in any of the next 20 preceding taxable years to the extent not offset by Wisconsin net business income of any year between the loss year and the taxable year for which an offset is claimed and computed without regard to
sub. (2) (a) 8. and
9. and this subsection and limited to the amount of net income, but no loss incurred for a taxable year before taxable year 1987 by a nonprofit service plan of sickness care under
ch. 148, or dental care under
s. 447.13 may be treated as a net business loss of the successor service insurer under
ch. 613 operating by virtue of
s. 148.03 or
447.13.
71.45(4)(b)
(b) An insurer that is part of a combined group under
s. 71.255 may offset against its Wisconsin net business income any unused pre-2009 net business loss carry-forward under
s. 71.255 (6) (bm) for the 20 taxable years that begin after December 31, 2011.
71.45(5)
(5) Exceptions. The net income of a cooperative health care association organized under
s. 185.981, or of a service insurance corporation organized under
ch. 613, that is derived from a health maintenance organization, as defined in
s. 609.01 (2), or a limited service health organization, as defined in
s. 609.01 (3), is the net income that would be determined if the cooperative health care association or service insurance corporation were subject to federal income taxation and as if that income were that of an insurance company.
71.45(6)
(6) Partnerships and limited liability companies. 71.45(6)(a)(a) A general or limited partner's share of the numerator and denominator of a partnership's apportionment factors under this section are included in the numerator and denominator of the general or limited partner's apportionment factors under this section.
71.45(6)(b)
(b) If a limited liability company is treated as a partnership, for federal tax purposes, a member's share of the numerator and denominator of a limited liability company's apportionment factors under this section are included in the numerator and denominator of the member's apportionment factors under this section.
71.45 History
History: 1987 a. 312;
1989 a. 31,
336,
359;
1991 a. 37,
39,
269;
1993 a. 16,
112,
263,
437;
1995 a. 27,
56,
371,
380;
1997 a. 27,
37,
237;
1999 a. 9,
65;
1999 a. 150 s.
672;
1999 a. 167,
194;
2001 a. 16,
38,
109;
2003 a. 37,
85,
99,
135,
255,
326;
2005 a. 74,
297,
335,
361,
479,
483;
2007 a. 20,
96,
226;
2009 a. 2,
28,
165,
205,
265,
269,
295,
332,
344;
2011 a. 3,
5,
32,
212,
232;
2011 a. 260 s.
80;
2013 a. 20,
145,
165.
71.46
71.46
Rates of taxation. 71.46(1)(1) The taxes to be assessed, levied and collected upon Wisconsin net incomes of corporations shall be computed at the rate of 7.9%.
71.46(2)
(2) The corporation franchise tax imposed under
s. 71.43 (2) and measured by Wisconsin net income shall be computed at the rate of 7.9%.
71.46(3)
(3) The tax imposed under this subchapter on each domestic insurer on or measured by its entire net income attributable to lines of insurance in this state may not exceed 2% of the gross premiums, as defined in
s. 76.62, received during the taxable year by the insurer on all policies on those lines of insurance if the subject of that insurance was resident, located or to be performed in this state plus 7.9% of the income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state.
71.46 History
History: 1987 a. 312;
1999 a. 9.
71.47(1)(1)
Community development finance credit. 71.47(1)(a)(a) Any corporation which contributes an amount to the community development finance authority under s.
233.03, 1985 stats., or to the housing and economic development authority under
s. 234.03 (32) and in the same year purchases common stock or partnership interests of the community development finance company issued under
s. 233.05 (2), 1985 stats., or
s. 234.95 (2) in an amount no greater than the contribution to the authority, may credit against taxes otherwise due an amount equal to 75% of the purchase price of the stock or partnership interests. The credit received under this paragraph may not exceed 75% of the contribution to the community development finance authority.
71.47(1)(b)
(b) Any corporation receiving a credit under this subsection may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year of purchase to the extent not offset by those taxes otherwise due in all intervening years between the year for which the credit was computed and the year for which the carry-forward is claimed.
71.47(1)(c)
(c) A claimant who has filed a timely claim under this subsection may file an amended claim with the department of revenue within 4 years of the last day prescribed by law for filing the original claim.
71.47(1)(d)
(d) No credit may be claimed under this subsection for taxable years beginning after December 31, 2013. Credits under this subsection for taxable years that begin before January 1, 2014, may be carried forward to taxable years that begin after December 31, 2013.
71.47(1dd)
(1dd) Development zones day care credit. 71.47(1dd)(a)1.
1. "Day care center benefits" means benefits provided at a child care facility that is licensed under
s. 48.65 or
48.69 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically incapable of caring for themselves.
71.47(1dd)(a)2.
2. "Employment-related day care expenses" means amounts paid or incurred by a claimant, during the 2-year period beginning with the day that the member of the targeted group begins work for the claimants for providing or making day care center benefits available to a qualifying individual in order to enable a member of a targeted group to be employed by the claimant.
71.47(1dd)(a)5.
5. "Qualifying individual" means a dependent of a member of a targeted group who is employed by a claimant and with respect to whom the member is entitled to a deduction under section
151 (c) of the internal revenue code for federal income tax purposes, a dependent of a member of a targeted group who is employed by a claimant if the dependent is physically or mentally incapable of caring for himself or herself or the spouse of a member of a targeted group who is employed by the claimant if the spouse is physically or mentally incapable of caring for himself or herself.
71.47(1dd)(b)
(b) Except as provided in
s. 73.03 (35), for any taxable year for which that person is certified under s.
560.765 (3), 2009 stats., and begins business operations in a zone under s.
560.71, 2009 stats., after July 29, 1995, or certified under s.
560.797 (4) (a), 2009 stats., for each zone for which the person is certified or entitled a person may credit against taxes otherwise due under this subchapter employment-related day care expenses, up to $1,200 for each qualifying individual.
71.47(1dd)(dm)
(dm) No credit may be allowed under this subsection unless the claimant includes with the claimant's return a statement from the department of commerce verifying the amount of qualifying employment-related day care expenses.
71.47(1dd)(e)
(e) 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.
71.47(1de)
(1de) Development zones environmental remediation credit. 71.47(1de)(a)(a) Except as provided in
s. 73.03 (35), for any taxable year for which a person is certified under s.
560.765 (3), 2009 stats., and begins business operations in a zone under s.
560.71, 2009 stats., after July 29, 1995, or certified under s.
560.797 (4) (a), 2009 stats., for each zone for which the person is certified or entitled the person may claim as a credit against taxes otherwise due under this subchapter an amount equal to 7.5% of the amount that the person expends to remove or contain environmental pollution, as defined in
s. 299.01 (4), in the zone or to restore soil or groundwater that is affected by environmental pollution, as defined in
s. 299.01 (4), in the zone if the person fulfills all of the following requirements:
71.47(1de)(a)1.
1. Begins the work, other than planning and investigating, for which the credit is claimed after the area that includes the site where the work is done is designated a development zone under s.
560.71, 2009 stats., or an enterprise development zone under s.
560.797, 2009 stats., and after the claimant is certified under s.
560.765 (3), 2009 stats., or certified under s.
560.797 (4) (a), 2009 stats.
71.47(1de)(d)
(d) 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.
71.47(1di)
(1di) Development zones investment credit. 71.47(1di)(a)(a) Except as provided in
pars. (dm) and
(f) and
s. 73.03 (35), for any taxable year for which the person is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits, any person may claim as a credit against taxes otherwise due under this chapter 2.5% of the purchase price of depreciable, tangible personal property, or 1.75% of the purchase price of depreciable, tangible personal property that is expensed under section
179 of the internal revenue code for purposes of the taxes under this chapter, except that:
71.47(1di)(a)1.
1. The investment must be in property that is purchased after the person is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits and that is used for at least 50% of its use in the conduct of the person's business operations at a location in a development zone under subch.
VI of ch. 560, 2009 stats., or, if the property is mobile, the base of operations of the property for at least 50% of its use must be a location in a development zone.
71.47(1di)(a)2.
2. The credit under this subsection may be claimed only by the person who purchased the property the investment in which is the basis for the credit, except that only partners may claim the credit based on purchases by a partnership, only members may claim the credit based on purchases by a limited liability company and except that only shareholders may claim the credit based on purchases by a tax-option corporation.
71.47(1di)(a)3.
3. If the credit is claimed for used property, the claimant may not have used the property for business purposes at a location outside the development zone. If the credit is attributable to a partnership, limited liability company or tax-option corporation, that entity may not have used the property for business purposes at a location outside the development zone.
71.47(1di)(a)4.
4. No credit is allowed under this subsection for property which is the basis for a credit under
sub. (1dL).
71.47(1di)(b)2.2. If the claimant is located on an Indian reservation, as defined in s.
560.86 (5), 2009 stats., and is an American Indian, as defined in s.
560.86 (1), 2009 stats., an Indian business, as defined in s.
560.86 (4), 2009 stats., or a tribal enterprise, as defined in
s. 71.07 (2di) (b) 2., and if the allowable amount of the credit under this subsection exceeds the taxes otherwise due under this chapter on or measured by the claimant's income, the amount of the credit not used as an offset against those taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft.
71.47(1di)(b)3.
3. 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 limited liability 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 from the partnership's, company's or corporation's business operations in the development zone; except that a claimant in a development zone under s.
560.795 (1) (e), 2009 stats., may offset the credit, including any credits carried over, against the amount of the tax otherwise due under this chapter attributable to all of the claimant's income; and against the tax attributable to their income from the partnership's, company's or corporation's directly related business operations.
71.47(1di)(c)
(c) Except as provided in
par. (b) 2., the carry-over provisions of
sub. (4) (e) and
(f) as they relate to the credit under that subsection relate to the credit under this subsection and apply as if the development zone continued to exist.
71.47(1di)(d)
(d) No credit may be allowed under this subsection unless the claimant includes with the claimant's return:
71.47(1di)(d)1.
1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s.
560.795 (3), 2009 stats.
71.47(1di)(d)2.
2. A statement from the department of commerce verifying the purchase price of the investment and verifying that the investment fulfills the requirements under
par. (a).
71.47(1di)(dm)
(dm) In calculating the credit under
par. (a), a claimant shall reduce the purchase price of the property by a percentage equal to the percentage of use of the property during the taxable year the property is first placed into service that is for a purpose not specified under
par. (a) 1.
71.47(1di)(e)
(e) The recapture provisions under section
47 (a) (5) of the internal revenue code as amended to December 31, 1985, as they apply to the credit under section
46 of the internal revenue code, apply to the credit under this subsection, except that those provisions also apply if the property for which the credit is claimed is moved out of the development zone or, for mobile property, if the base of operations is moved out of the zone and except that the determination of whether or not property is 3-year property shall be made under section
168 of the internal revenue code.
71.47(1di)(f)
(f) If a person who is entitled under s.
560.795 (3), 2009 stats., to claim tax benefits becomes ineligible for such tax benefits, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits or succeeding taxable years and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits or succeeding taxable years.
71.47(1di)(g)
(g) If a person who is entitled under s.
560.795 (3), 2009 stats., to claim 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.
71.47(1di)(h)
(h) Subsection (4) (g) and
(h) as it applies to the credit under that subsection applies to the credit under this subsection.
71.47(1di)(i)
(i) No credit may be claimed under this subsection for taxable years that begin after December 31, 1997, and end before January 1, 2000. 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.
71.47(1dj)(am)(am) Except as provided under
par. (f) or
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 an amount calculated as follows:
71.47(1dj)(am)1.
1. Modify "member of a targeted group", as defined in section
51 (d) of the internal revenue code as amended to December 31, 1995, to include persons unemployed as a result of a business action subject to
s. 109.07 (1m) and dislocated workers, as defined in
29 USC 2801 (9), and to require a member of a targeted group to be a resident of this state.
71.47(1dj)(am)2.
2. Modify "designated local agency", as defined in section
51 (d) (15) of the internal revenue code, to include the local workforce development board established under
29 USC 2832 for the area that includes the development zone in which the employee in respect to whom the credit under this subsection is claimed works, if the department of commerce approves the criteria used for certification, and the department of commerce.
71.47(1dj)(am)3.
3. Modify the rule for certification under section
51 (d) (16) (A) of the internal revenue code to allow certification within the period beginning with the first day of employment of the employee.
71.47(1dj)(am)4.a.a. If certified under s.
560.765 (3), 2009 stats., for tax benefits before January 1, 1992, modify "qualified wages" as defined in section
51 (b) of the internal revenue code to exclude wages paid before the claimant is certified for tax benefits and to exclude wages that are paid to employees for work at any location that is not in a development zone under subch.
VI of ch. 560, 2009 stats. For purposes of this
subd. 4. a., mobile employees work at their base of operations and leased or rented employees work at the location where they perform services.
71.47(1dj)(am)4.b.
b. If certified under s.
560.765 (3), 2009 stats., for tax benefits after December 31, 1991, modify "qualified wages" as defined in section
51 (b) of the internal revenue code to exclude wages paid before the claimant is certified for tax benefits and to exclude wages that are paid to employees for work at any location that is not in a development zone under subch.
VI of ch. 560, 2009 stats. For purposes of this
subd. 4. b., mobile employees and leased or rented employees work at their base of operations.
71.47(1dj)(am)4c.
4c. Modify the rule for ineligible individuals under section
51 (i) (1) of the internal revenue code to allow credit for the wages of related individuals paid by an Indian business, as defined in s.
560.86 (4), 2009 stats., or a tribal enterprise, as defined in
s. 71.07 (2di) (b) 2., if the Indian business or tribal enterprise is located in a development zone designated under s.
560.71 (3) (c) 2., 2009 stats.
71.47(1dj)(am)4e.
4e. Modify section
51 (c) (2) of the internal revenue code to specify that the rules for on-the-job training and work supplementation payments also apply to those kinds of payments funded by this state.
