71.28(3n)(a)1.
1. “Claimant" means a person who files a claim under this subsection.
71.28(3n)(a)1m.
1m. “Dairy animals" includes heifers raised as replacement dairy animals.
71.28(3n)(a)1p.
1p. “Dairy farm" includes a facility used to raise heifers as replacement dairy animals.
71.28(3n)(a)2.
2. “Dairy farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or acquiring equipment, for dairy animal housing, confinement, animal feeding, milk production, or waste management, including the following, if used exclusively related to dairy animals and if acquired and placed in service in this state during taxable years that begin after December 31, 2003, and before January 1, 2014:
71.28(3n)(a)4.
4. “Livestock" means cattle, not including dairy animals; swine; poultry, including farm-raised pheasants, but not including other farm-raised game birds or ratites; fish that are raised in aquaculture facilities; sheep; and goats.
71.28(3n)(a)5.
5. “Livestock farm modernization or expansion" means the construction, the improvement, or the acquisition of buildings or facilities, or the acquisition of equipment, for livestock housing, confinement, feeding, or waste management, including the following, if used exclusively related to livestock and if acquired and placed in service in this state during taxable years that begin after December 31, 2005, and before January 1, 2014:
71.28(3n)(a)6.a.a. For taxable years that begin after December 31, 2003, and before January 1, 2006, “used exclusively," related to dairy animals, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.
71.28(3n)(a)6.b.
b. For taxable years that begin after December 31, 2005, and before January 1, 2014, “used exclusively," related to livestock, dairy animals, or both, means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.
71.28(3n)(b)1.1. Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2003, and before January 1, 2014, a claimant may claim as a credit against the tax imposed under
s. 71.23 an amount equal to 10 percent of the amount the claimant paid in the taxable year for dairy farm modernization or expansion related to the operation of the claimant's dairy farm.
71.28(3n)(b)2.
2. Subject to the limitations provided in this subsection, for taxable years that begin after December 31, 2005, and before January 1, 2014, a claimant may claim as a credit against the tax imposed under
s. 71.23 an amount equal to 10 percent of the amount the claimant paid in the taxable year for livestock farm modernization or expansion related to the operation of the claimant's livestock farm.
71.28(3n)(c)
(c) 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(3n)(d)
(d) The aggregate amount of credits that a claimant may claim under this subsection is $75,000, except that no more than $50,000 of this amount may be based on costs incurred prior to May 27, 2010.
71.28(3n)(e)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 expenses under
par. (b), except that the aggregate amount of credits that the entity may compute shall not exceed the limitation under
par. (d). 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(3n)(e)2.
2. If 2 or more persons own and operate the dairy or livestock farm, 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 farm shall not exceed the limitation under
par. (d).
71.28 Cross-reference
Cross-reference: See also s.
Tax 2.99, Wis. adm. code.
71.28(3n)(g)
(g) 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(3p)
(3p) Dairy manufacturing facility investment credit. 71.28(3p)(a)1.
1. “Claimant" means a person who files a claim under this subsection.
71.28(3p)(a)1m.
1m. “Dairy cooperative" means a business organized under
ch. 185 or
193 for the purpose of obtaining or processing milk.
71.28(3p)(a)2.
2. “Dairy manufacturing" means processing milk into dairy products or processing dairy products for sale commercially.
71.28(3p)(a)3.
3. “Dairy manufacturing modernization or expansion" means constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for dairy manufacturing, including the following, if used exclusively for dairy manufacturing and if acquired and placed in service in this state during taxable years that begin after December 31, 2006, and before January 1, 2014, or, in the case of dairy cooperatives, if acquired and placed in service in this state during taxable years that begin after December 31, 2008, and before January 1, 2014:
71.28(3p)(a)3.a.
a. Building construction, including storage and warehouse facilities.
71.28(3p)(a)3.c.
c. Upgrades to utilities, including water, electric, heat, and waste facilities.
71.28(3p)(a)3.e.
e. Processing and manufacturing equipment, including pipes, motors, pumps, valves, pasteurizers, homogenizers, vats, evaporators, dryers, concentrators, and churns.
71.28(3p)(a)3.f.
f. Packaging and handling equipment, including sealing, bagging, boxing, labeling, conveying, and product movement equipment.
71.28(3p)(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(3p)(a)3.i.
i. Computer software and hardware used for managing the claimant's dairy manufacturing operation, including software and hardware related to logistics, inventory management, and production plant controls.
71.28(3p)(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(3p)(b)
(b)
Filing claims. Subject to the limitations provided in this subsection and s.
93.535 or s.
560.207, 2009 stats., except as provided in
par. (c) 5., for taxable years beginning after December 31, 2006, and before January 1, 2014, 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 dairy manufacturing modernization or expansion related to the claimant's dairy manufacturing operation.
71.28(3p)(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(3p)(c)2.
2. The aggregate amount of credits that a claimant may claim under this subsection is $200,000 for each of the claimant's dairy manufacturing facilities.
71.28(3p)(c)2m.b.
b. The maximum amount of the credits that may be claimed by all claimants, other than members of dairy cooperatives, under this subsection and
ss. 71.07 (3p) and
71.47 (3p) in fiscal year 2008-09, and in each fiscal year thereafter, is $700,000, as allocated under s.
93.535 or s.
560.207, 2009 stats.
71.28(3p)(c)2m.bm.
bm. The maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and
ss. 71.07 (3p) and
71.47 (3p) in fiscal year 2009-10 is $600,000, as allocated under s.
560.207, 2009 stats., and the maximum amount of the credits that may be claimed by members of dairy cooperatives under this subsection and
ss. 71.07 (3p) and
71.47 (3p) in fiscal year 2010-11, and in each fiscal year thereafter, is $700,000, as allocated under s.
93.535 or s.
560.207, 2009 stats.
71.28(3p)(c)3.
3. Partnerships, limited liability companies, tax-option corporations, and dairy cooperatives 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 for each of the entity's dairy manufacturing facilities. A partnership, limited liability company, tax-option corporation, or dairy cooperative 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. Members of a dairy cooperative may claim the credit in proportion to the amount of milk that each member delivers to the dairy cooperative, as determined by the dairy cooperative.
71.28(3p)(c)4.
4. If 2 or more persons own and operate a dairy manufacturing facility, 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 dairy manufacturing facility shall not exceed $200,000.
71.28(3p)(c)5.
5. A claimant who is a member of a dairy cooperative may claim the credit in the year after the year in which the dairy manufacturing modernization or expansion occurs, based on amounts described under
par. (b) that are paid by the dairy cooperative, for taxable years beginning after December 31, 2008, and before January 1, 2014. The amount of the credits computed and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under
s. 71.21 (4) or
71.34 (1k) (g) shall be added to a claimant's income in the year in which the cooperative member is allowed to claim the credit.
71.28(3p)(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.
93.535 or s.
560.207, 2009 stats.
71.28(3p)(d)2.
2. Except as provided in
subd. 3., 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) (bn).
71.28(3p)(d)3.
3. With regard to claims that are based on amounts described under
par. (b) that are paid by a dairy cooperative, 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) (bp).
71.28 Cross-reference
Cross-reference: See also ch.
ATCP 163, Wis. adm. code.
71.28(3p)(d)4.
4. No credit may be claimed under this subsection for taxable years beginning after December 31, 2013.
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.
