71.26(3)(o)
(o) Section 468A (relating to nuclear decommissioning trust and reserve funds) is modified so that the deduction under section 468A (a) is allowed only if the fund is subject to tax under this chapter.
71.26(3)(p)
(p) Sections 501 to 511 and 513 to 528 (relating to exempt organizations) are excluded, except as they pertain to the definitions of unrelated business taxable income in section 512, and replaced by the treatment of exemptions under
sub. (1).
71.26(3)(q)
(q) For taxable years beginning before January 1, 2014, sections 613 and 613A (relating to percentage depletion) are excluded.
71.26(3)(s)
(s) Sections 951 to 964 (relating to controlled foreign corporations) are excluded, and, for taxable years beginning on or after January 1, 2006, sections 951 to 965 (relating to controlled foreign corporations) are excluded.
71.26(3)(t)
(t) Sections 991 to 994, 995 as amended by section 802 of
P.L. 98-369, and section 999 as amended by section 802 of
P.L. 98-369 (relating to domestic international sales corporations) are excluded.
71.26(3)(tm)
(tm) Section 1016 (a) is modified so that the rules for federally taxable bonds also apply to bonds that are taxable under
par. (b) and the rules for federally tax-exempt bonds apply to bonds that are exempt from tax under this chapter.
71.26(3)(u)
(u) Section 1017 (relating to adjustments to basis because of discharge of indebtedness) is modified to reflect the modification under
par. (c).
71.26(3)(v)
(v) Section 1033 is modified so that it does not apply to involuntary conversions of property in this state that produces nonbusiness income and that is replaced with similar property outside this state and to involuntary conversions of property in this state that produces business income and that is replaced with property outside this state if at the time of replacement the taxpayer is not subject to tax under this chapter.
71.26(3)(x)
(x) Sections 1501 to 1505, 1551, 1552, 1563 and 1564 (relating to consolidated returns) are excluded, except that U.S. Treasury Regulation 1.1502-13, relating to deferred gain or loss from an intercompany transaction, applies to transactions between combined group members under
s. 71.255 (4) (g).
71.26(3)(y)
(y) For taxable years beginning before January 1, 2014, a corporation shall compute amortization and depreciation under the federal Internal Revenue Code as amended to December 31, 2000, except that property first placed in service by the taxpayer on or after January 1, 1983, but before January 1, 1987, that, under s.
71.04 (15) (b) and
(br), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, and property first placed in service in taxable year 1981 or thereafter but before January 1, 1987, that, under s.
71.04 (15) (bm), 1985 stats., is required to be depreciated under the Internal Revenue Code as amended to December 31, 1980, shall continue to be depreciated under the Internal Revenue Code as amended to December 31, 1980.
71.26(3)(ym)1.1. Except as provided in
subd. 2., starting with the first taxable year beginning after December 31, 2013, and for each of the next 4 taxable years, a corporation shall subtract 20 percent of the amount determined by subtracting the combined federal adjusted basis of all depreciated or amortized assets as of the last day of the taxable year beginning in 2013 that are also being depreciated or amortized for Wisconsin from the combined Wisconsin adjusted basis of those assets on the same day.
71.26(3)(ym)2.
2. If any taxable year for which the modification under
subd. 1. is required is a fractional year under
s. 71.24 (6) (c), the difference between the modification allowed for the fractional year and the modification allowed for the 12-month taxable year shall be a modification for the first taxable year beginning after December 31, 2018.
71.26(4)
(4) Net business loss carry-forward. 71.26(4)(a)(a) Except as provided in
par. (b), a corporation, except a tax-option corporation or an insurer to which
s. 71.45 (4) applies, may offset against its Wisconsin net business income any Wisconsin net business loss sustained in any of the next 20 preceding taxable years, if the corporation was subject to taxation under this chapter in the taxable year in which the loss was sustained, to the extent not offset by other items of Wisconsin income in the loss year and by Wisconsin net business income of any year between the loss year and the taxable year for which an offset is claimed. For purposes of this subsection Wisconsin net business income or loss shall consist of all the income attributable to the operation of a trade or business in this state, less the business expenses allowed as deductions in computing net income. The Wisconsin net business income or loss of corporations engaged in business within and without the state shall be determined under
s. 71.25 (6) and
(10) to
(12). Nonapportionable losses having a Wisconsin situs under
s. 71.25 (5) (b) shall be included in Wisconsin net business loss; and nonapportionable income having a Wisconsin situs under
s. 71.25 (5) (b), whether taxable or exempt, shall be included in other items of Wisconsin income and Wisconsin net business income for purposes of this subsection.
71.26(4)(b)
(b) A corporation 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.
71.26 History
History: 1987 a. 312;
1987 a. 411 ss.
22,
124 to
129;
1989 a. 31,
336;
1991 a. 37,
39,
221,
269;
1993 a. 16,
112,
246,
263,
399,
437,
491;
1995 a. 27,
56,
351,
371,
380,
428;
1997 a. 27,
37,
184,
237;
1999 a. 9,
65;
1999 a. 150 s.
672;
1999 a. 167,
194;
2001 a. 16,
38,
106,
109;
2003 a. 33,
85,
99,
135,
255,
326;
2005 a. 25,
74,
335,
361,
362,
479,
483;
2007 a. 20,
96,
97,
151,
226;
2009 a. 2,
28,
161,
165,
180,
183,
205,
265,
269,
295,
332,
344;
2011 a. 3,
5,
7,
10,
32,
212,
232;
2011 a. 260 s.
80;
2013 a. 20,
145;
2013 a. 165 ss.
46,
115;
2015 a. 55,
60,
84,
196,
216; s. 35.17 correction in (2) (b) 10. b.
71.26 Annotation
Under s. 71.06 (1) [now 71.26 (4)], the loss carry-over privilege was limited to an “identical taxpayer"; merging corporations are not entitled to the privilege. Department of Revenue v. U.S. Shoe Corp.
158 Wis. 2d 123,
462 N.W.2d 233 (Ct. App. 1990).
71.265
71.265
Previously exempt corporations; basis and depreciation. The Wisconsin adjusted basis of the property of any corporation that has, in any taxable year before it ceases to be exempt from tax under this chapter, taken depreciation or amortization of depreciable property for federal income tax purposes shall be the adjusted basis of that property as computed for federal income tax purposes as of the beginning of the taxable year in which the corporation ceases to be exempt. The corporation may continue, after it ceases to be exempt, to depreciate that property under the method used previously for federal income tax purposes.
71.265 History
History: 1987 a. 399;
1987 a. 411 s.
33; Stats. 1987 s. 71.265.
71.27
71.27
Rates of taxation. 71.27(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 percent.
71.27(2)
(2) The corporation franchise tax imposed under
s. 71.23 (2) and measured by Wisconsin net income shall be computed at the rate of 7.9 percent.
71.27 History
History: 1987 a. 312;
2009 a. 28,
276.
71.275
71.275
Rate changes. If a rate under
s. 71.27 changes during a taxable year, the taxpayer shall compute the tax for that taxable year by the methods applicable to the federal income tax under section
15 of the internal revenue code.
71.275 History
History: 1989 a. 31.
71.28(1)(1)
Community development finance credit. 71.28(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 percent of the purchase price of the stock or partnership interests. The credit received under this paragraph may not exceed 75 percent of the contribution to the community development finance authority.
71.28(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.
71.28(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.
71.28(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.
71.28(1dm)
(1dm) Development zone capital investment credit. 71.28(1dm)(a)2.
2. “Claimant" means a person who files a claim under this subsection.
71.28(1dm)(a)4.
4. “Previously owned property" means real property that the claimant or a related person owned during the 2 years prior to the department of commerce or the Wisconsin Economic Development Corporation designating the place where the property is located as a development zone and for which the claimant may not deduct a loss from the sale of the property to, or an exchange of the property with, the related person under section
267 of the Internal Revenue Code, except that section
267 (b) of the Internal Revenue Code is modified so that if the claimant owns any part of the property, rather than 50 percent ownership, the claimant is subject to section
267 (a) (1) of the Internal Revenue Code for purposes of this subsection.
71.28(1dm)(b)
(b) Subject to the limitations provided in this subsection and in
s. 73.03 (35), for any taxable year for which the claimant is certified, a claimant may claim as a credit against the taxes imposed under
s. 71.23 an amount that is equal to 3 percent of the following:
71.28(1dm)(b)1.
1. The purchase price of depreciable, tangible personal property.
71.28(1dm)(b)2.
2. The amount expended to acquire, construct, rehabilitate, remodel, or repair real property in a development zone.
71.28(1dm)(c)
(c) A claimant may claim the credit under
par. (b) 1., if the tangible personal property is purchased after the claimant is certified and the personal property is used for at least 50 percent of its use in the claimant's business at a location in a development zone or, if the property is mobile, the property's base of operations for at least 50 percent of its use is at a location in a development zone.
71.28(1dm)(d)
(d) A claimant may claim the credit under
par. (b) 2. for an amount expended to construct, rehabilitate, remodel, or repair real property, if the claimant began the physical work of construction, rehabilitation, remodeling, or repair, or any demolition or destruction in preparation for the physical work, after the place where the property is located was designated a development zone, or if the completed project is placed in service after the claimant is certified. In this paragraph, “physical work" does not include preliminary activities such as planning, designing, securing financing, researching, developing specifications, or stabilizing the property to prevent deterioration.
71.28(1dm)(e)
(e) A claimant may claim the credit under
par. (b) 2. for an amount expended to acquire real property, if the property is not previously owned property and if the claimant acquires the property after the place where the property is located was designated a development zone, or if the completed project is placed in service after the claimant is certified.
71.28(1dm)(f)
(f) No credit may be allowed under this subsection unless the claimant includes with the claimant's return:
71.28(1dm)(f)2.
2. A statement from the department of commerce or the Wisconsin Economic Development Corporation verifying the purchase price of the investment and verifying that the investment fulfills the requirements under
par. (b).
71.28(1dm)(g)
(g) In calculating the credit under
par. (b) a claimant shall reduce the amount expended to acquire property by a percentage equal to the percentage of the area of the real property not used for the purposes for which the claimant is certified and shall reduce the amount expended for other purposes by the amount expended on the part of the property not used for the purposes for which the claimant is certified.
71.28(1dm)(h)
(h) The carry-over provisions of
sub. (4) (e) and
(f) as they relate to the credit under
sub. (4) relate to the credit under this subsection.
71.28(1dm)(hm)
(hm) A claimant may claim the credit under this subsection, including any credits carried over, against the amount of the tax otherwise due under this subchapter.
71.28(1dm)(i)
(i) 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 shareholders, partners, or members. The corporation, partnership, or limited liability company shall compute the amount of credit that may be claimed by each of its shareholders, partners, or members and provide that information to 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 partners, members, and shareholders in a development zone under s.
238.395 (1) (e) or s.
560.795 (1) (e), 2009 stats., may offset the credit against the amount of the tax attributable to their income.
71.28(1dm)(j)
(j) 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 becomes ineligible for such tax benefits, or if a person's certification under s.
238.395 (5),
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., is revoked, 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, the taxable year that includes the day on which the certification is revoked, 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, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.
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),
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(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(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 s.
71.28 (1de) (a) 1., 2013 stats., and investigation unless the investigation determines that remediation is required and that remediation is not undertaken.
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), 2011 stats., or in a trial employment match program job, as defined in
s. 49.141 (1) (n), 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 s.
71.28 (1dj) (am) 3., 2013 stats., by a designated local agency, as defined in s.
71.28 (1dj) (am) 2., 2013 stats.
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) 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) 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., 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) 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., 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) 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)1.1. Subsection (4) (e) to
(h), as it applies to the credit under
sub. (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 department of commerce's verification of their expenses.
71.28(1dx)(e)2.
2. The credit under this subsection may not be claimed by partnerships, limited liability companies, and tax-option corporations but the eligibility for, and the 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 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. That credit may be claimed by partners, members of limited liability companies, and shareholders of tax-option corporations in proportion to their ownership interests.
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:
