71.34(1g)(i)
(i) “Internal Revenue Code" for tax-option corporations, for taxable years that begin after December 31, 2012, and before January 1, 2014, means the federal Internal Revenue Code as amended to December 31, 2010, excluding sections 103, 104, and 110 of
P.L. 102-227, sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of
P.L. 103-66, sections 1123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of
P.L. 104-188, sections 1, 3, 4, and 5 of
P.L. 106-519, sections 162 and 165 of
P.L. 106-554, section 431 of
P.L. 107-16, sections 101 and 301 (a) of
P.L. 107-147, sections 106, 201, and 202 of
P.L. 108-27, section 1201 of
P.L. 108-173, sections 306, 308, 316, 401, and 403 (a) of
P.L. 108-311, sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of
P.L. 108-357,
P.L. 109-1, sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328, 1329, 1348, and 1351 of
P.L. 109-58, section 11146 of
P.L. 109-59, section 301 of
P.L. 109-73, sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e), (j), and (q), and 405 of
P.L. 109-135, sections 101, 207, 503, and 513 of
P.L. 109-222,
P.L. 109-432, except sections 117, 406, 409, 410, 412, 417, 418, 424, and 425 of division A and section 403 of division C of
P.L. 109-432,
P.L. 110-28, except sections 8215, 8231, 8232, 8234, and 8236 of
P.L. 110-28,
P.L. 110-140, sections 2, 3, and 5 of
P.L. 110-142,
P.L. 110-166, sections 3 (b) and 11 (b), (e), and (g) of
P.L. 110-172,
P.L. 110-185,
P.L. 110-234, section 301 of
P.L. 110-245,
P.L. 110-246, except sections 4, 15312, 15313, 15314, 15316, and 15342 of
P.L. 110-246, sections 3071, 3081, and 3082 of
P.L. 110-289, section 9 (e) of
P.L. 110-317,
P.L. 110-343, except sections 116, 208, 211, and 301 of division B and sections 313 and 504 of division C of
P.L. 110-343,
P.L. 111-5, except sections 1261, 1262, 1401, 1402, 1521, 1522, 1531, and 1541 of division B of
P.L. 111-5, section 201 of
P.L. 111-147,
P.L. 111-148, except sections 1322, 1515, 9003, 9004, 9005, 9012, 9013, 9014, 9016, 9021, 9022, 10108, 10902, 10908, and 10909 of
P.L. 111-148,
P.L. 111-152, except sections 1403 and 1407 of
P.L. 111-152,
P.L. 111-203, except section 1601 of
P.L. 111-203,
P.L. 111-226, except sections 215 and 217 of
P.L. 111-226,
P.L. 111-240, except sections 2014, 2043, 2111, 2112, and 2113 of
P.L. 111-240,
P.L. 111-312, and as amended by section 1858 of
P.L. 112-10, section 1108 of
P.L. 112-95, sections 40211, 40241, 40242, and 100121 of
P.L. 112-141, sections 101 and 902 of
P.L. 112-240, and
P.L. 113-168, and as indirectly affected in the provisions applicable to this subchapter by
P.L. 99-514, excluding sections 803 (d) (2) (B), 805 (d) (2), 812 (c) (2), 821 (b) (2), and 823 (c) (2) of
P.L. 99-514,
P.L. 100-203,
P.L. 100-647, excluding section 1008 (g) (5) of
P.L. 100-647,
P.L. 101-73,
P.L. 101-140,
P.L. 101-179,
P.L. 101-239,
P.L. 101-508,
P.L. 102-227, excluding sections 103, 104, and 110 of
P.L. 102-227,
P.L. 102-318,
P.L. 102-486,
P.L. 103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of
P.L. 103-66,
P.L. 103-296,
P.L. 103-337,
P.L. 103-465,
P.L. 104-7,
P.L. 104-188, excluding sections 1123 (b), 1202 (c), 1204 (f), 1311, and 1605 (d) of
P.L. 104-188,
P.L. 104-191,
P.L. 104-193,
P.L. 105-33,
P.L. 105-34,
P.L. 105-178,
P.L. 105-206,
P.L. 105-277,
P.L. 106-36,
P.L. 106-170,
P.L. 106-230,
P.L. 106-554, excluding sections 162 and 165 of
P.L. 106-554,
P.L. 106-573,
P.L. 107-15,
P.L. 107-16, excluding section 431 of
P.L. 107-16,
P.L. 107-22,
P.L. 107-116,
P.L. 107-134,
P.L. 107-147, excluding sections 101 and 301 (a) of
P.L. 107-147,
P.L. 107-181,
P.L. 107-210,
P.L. 107-276,
P.L. 107-358,
P.L. 108-27, excluding sections 106, 201, and 202 of
P.L. 108-27,
P.L. 108-121,
P.L. 108-173, excluding section 1201 of
P.L. 108-173,
P.L. 108-203,
P.L. 108-218,
P.L. 108-311, excluding sections 306, 308, 316, 401, and 403 (a) of
P.L. 108-311,
P.L. 108-357, excluding sections 101, 102, 201, 211, 242, 244, 336, 337, 422, 847, 909, and 910 of
P.L. 108-357,
P.L. 108-375,
P.L. 108-476,
P.L. 109-7,
P.L. 109-58, excluding sections 1305, 1308, 1309, 1310, 1323, 1324, 1325, 1326, 1328, 1329, 1348, and 1351 of
P.L. 109-58,
P.L. 109-59, excluding section 11146 of
P.L. 109-59,
P.L. 109-73, excluding section 301 of
P.L. 109-73,
P.L. 109-135, excluding sections 101, 105, 201 (a) as it relates to section 1400S (a), 402 (e), 403 (e), (j), and (q), and 405 of
P.L. 109-135,
P.L. 109-151,
P.L. 109-222, excluding sections 101, 207, 503, and 513 of
P.L. 109-222,
P.L. 109-227,
P.L. 109-280, sections 117, 406, 409, 410, 412, 417, 418, 424, and 425 of division A and section 403 of division C of
P.L. 109-432, sections 8215, 8231, 8232, 8234, and 8236 of
P.L. 110-28,
P.L. 110-141,
P.L. 110-142, excluding sections 2, 3, and 5 of
P.L. 110-142,
P.L. 110-172, excluding sections 3 (b) and 11 (b), (e), and (g) of
P.L. 110-172,
P.L. 110-245, excluding section 301 of
P.L. 110-245, sections 4, 15312, 15313, 15314, 15316, and 15342 of
P.L. 110-246,
P.L. 110-289, excluding sections 3071, 3081, and 3082 of
P.L. 110-289,
P.L. 110-317, excluding section 9 (e) of
P.L. 110-317, sections 116, 208, 211, and 301 of division B and sections 313 and 504 of division C of
P.L. 110-343,
P.L. 110-351,
P.L. 110-458, sections 1261, 1262, 1401, 1402, 1521, 1522, 1531, and 1541 of division B of
P.L. 111-5,
P.L. 111-92,
P.L. 111-147, excluding section 201 of
P.L. 111-147, sections 1322, 1515, 9003, 9004, 9005, 9012, 9013, 9014, 9016, 9021, 9022, 10108, 10902, 10908, and 10909 of
P.L. 111-148, sections 1403 and 1407 of
P.L. 111-152,
P.L. 111-192, section 1601 of
P.L. 111-203, sections 215 and 217 of
P.L. 111-226, sections 2014, 2043, 2111, 2112, and 2113 of
P.L. 111-240,
P.L. 111-325, section 1858 of
P.L. 112-10, section 1108 of
P.L. 112-95, sections 40211, 40241, 40242, and 100121 of
P.L. 112-141, sections 101 and 902 of
P.L. 112-240, and
P.L. 113-168, except that section 1366 (f) (relating to pass-through of items to shareholders) is modified by substituting the tax under
s. 71.35 for the taxes under sections 1374 and 1375. The Internal Revenue Code applies for Wisconsin purposes at the same time as for federal purposes, except that changes made by
P.L. 106-573, sections 9004, 9005, 9012, 9013, 9014, 9016, and 10902 of
P.L. 111-148, sections 1403 and 1407 of
P.L. 111-152, section 1858 of
P.L. 112-10, section 1108 of
P.L. 112-95, and sections 40211, 40241, 40242, and 100121 of
P.L. 112-141 do not apply for taxable years beginning before January 1, 2013. Amendments to the federal Internal Revenue Code enacted after December 31, 2010, do not apply to this paragraph with respect to taxable years beginning after December 31, 2010, except that changes to the Internal Revenue Code made by section 1858 of
P.L. 112-10, section 1108 of
P.L. 112-95, and sections 40211, 40241, 40242, and 100121 of
P.L. 112-141, and changes that indirectly affect the provisions applicable to this subchapter made by section 1858 of
P.L. 112-10, section 1108 of
P.L. 112-95, and sections 40211, 40241, 40242, and 100121 of
P.L. 112-141, do not apply for taxable years beginning before January 1, 2013, and changes to the Internal Revenue Code made by sections 101 and 902 of
P.L. 112-240 and by
P.L. 113-168, and changes that indirectly affect the provisions applicable to this subchapter made by sections 101 and 902 of
P.L. 112-240 and by
P.L. 113-168, apply for Wisconsin purposes at the same time as for federal purposes.
71.34(1g)(j)1.1. For taxable years beginning after December 31, 2013, for tax option corporations, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2013, except as provided in
subds. 2.,
3., and
5. and subject to
subd. 4.
71.34(1g)(j)2.
2. For purposes of this paragraph, “Internal Revenue Code" does not include the following provisions of federal public laws for taxable years beginning after December 31, 2013: section 13113 of P.L
103-66; sections 1, 3, 4, and 5 of
P.L. 106-519; sections 101, 102, and 422 of P.L
108-357; sections 1310 and 1351 of
P.L. 109-58; section 11146 of
P.L. 109-59; section 403 (q) of
P.L. 109-135; section 513 of
P.L. 109-222; sections 104 and 307 of
P.L. 109-432; sections 8233 and 8235 of
P.L. 110-28; section 11 (e) and (g) of
P.L. 110-172; section 301 of
P.L. 110-245; sections 15303 and 15351 of
P.L. 110-246; section 302 of division A, section 401 of division B, and sections 312, 322, 502 (c), 707, and 801 of division C of
P.L. 110-343; sections 1232, 1241, 1251, 1501, and 1502 of division B of
P.L. 111-5; sections 211, 212, 213, 214, and 216 of
P.L. 111-226; sections 2011 and 2122 of
P.L. 111-240' sections 753, 754, and 760 of
P.L. 111-312; section 1106 of
P.L. 112-95; and sections 104, 318, 322, 323, 324, 326, 327, and 411 of
P.L. 112-240.
71.34(1g)(j)3.
3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2013, except that “Internal Revenue Code" includes the provisions of the following federal public laws:
71.34(1g)(j)4.
4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes.
71.34(1g)(j)5.
5. For purposes of this paragraph, section
1366 (f) of the Internal Revenue Code (relating to pass-through of items to shareholders) is modified by substituting the tax under
s. 71.35 for the taxes under sections
1374 and
1375 of the Internal Revenue Code.
71.34(1h)
(1h) For purposes of
sub. (1k) (j) and
(L), “management fees" include expenses and costs, not including interest expenses, pertaining to accounts receivable, accounts payable, employee benefit plans, insurance, legal matters, payroll, data processing, purchasing, taxation, financial matters, securities, accounting, or reporting and compliance matters or similar activities, to the extent that the amounts would otherwise be deductible in the computation of Wisconsin adjusted gross income.
71.34(1k)
(1k) “Net income or loss" of a tax-option corporation means net income or loss computed under the internal revenue code, as defined under
sub. (1g) and
s. 71.98 (3) and
(4), except that:
71.34(1k)(ag)
(ag) Section
164 (a) (3) of the internal revenue code is modified so that state taxes and taxes of the District of Columbia that are value-added taxes, single business taxes or taxes on or measured by all or a portion of net income, gross income, gross receipts or capital stock are not deductible.
71.34(1k)(b)
(b) The items referred to in section
1366 (a) (1) (A) of the internal revenue code shall be included.
71.34(1k)(c)
(c) The deduction referred to in sections
212 and
703 (a) (2) (E) of the internal revenue code shall be allowed.
71.34(1k)(d)
(d) An addition or subtraction, as appropriate, shall be made for the net amount of state and federal differences including differences arising from the different basis of assets disposed of in a transaction in which gain or loss is recognized for state tax purposes, different depreciation methods or difference in basis of depreciable assets, different elections, or transitional adjustments due to differences in the statutes for taxable years 1986 and 1987 pertaining to the computation of net income of a tax-option corporation.
71.34(1k)(e)
(e) An addition shall be made for the amount of credit computed under
s. 71.28 (3) and used by the corporation in the current year.
71.34(1k)(f)
(f) An addition shall be made for the amount of interest, less related expenses, excluded by reason of section
103 of the internal revenue code (relating to interest received on state and municipal obligations and on volunteer fire department and mass transit obligations) or any other federal law.
71.34(1k)(g)
(g) An addition shall be made for credits computed by a tax-option corporation under
s. 71.28 (1dm),
(1dx),
(1dy),
(3),
(3g),
(3h),
(3n),
(3p),
(3q),
(3r),
(3rm),
(3rn),
(3t),
(3w),
(3y),
(4),
(5),
(5e),
(5f),
(5g),
(5h),
(5i),
(5j),
(5k),
(5r),
(5rm),
(6n), and
(8r) and passed through to shareholders.
71.34(1k)(h)
(h) Section
162 of the internal revenue code (relating to trade or business expenses) is modified so that payments for wages, salaries, bonuses, interest or other expenses paid to an entertainer or entertainment corporation may be deducted only if the corporation complies with
ss. 71.63 (3) (b),
71.64 (4) and
(5) and
71.80 (15) (e).
71.34(1k)(i)
(i) In section
1366 (f) of the Internal Revenue Code, the tax under
s. 71.35 is substituted for the taxes under sections
1374 and
1375 of the Internal Revenue Code.
71.34(1k)(j)
(j) An addition shall be made for any amount deducted or excluded under the Internal Revenue Code for interest expenses, rental expenses, intangible expenses, and management fees that are directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related entities.
71.34(1k)(k)
(k) A deduction shall be allowed for the amount added to gross income under
par. (j), to the extent that the conditions under
s. 71.80 (23) are satisfied.
71.34(1k)(L)
(L) A deduction shall be allowed for the amount added, pursuant to
par. (j) or
s. 71.05 (6) (a) 24.,
71.26 (2) (a) 7., or
71.45 (2) (a) 16., to the federal income of a related entity that paid interest expenses, rental expenses, intangible expenses, or management fees to the corporation, to the extent that the related entity could not offset such amount with the deduction allowable under
par. (k) or
s. 71.05 (6) (b) 45.,
71.26 (2) (a) 8., or
71.45 (2) (a) 17.
71.34(1k)(m)
(m) An addition shall be made for the amount computed under
s. 71.28 (5n) in the previous taxable year that is not included in federal ordinary business income.
71.34(1k)(n)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 subtraction shall be made in an amount equal to 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.
71.34(1k)(n)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.
71.34(1m)(a)(a) Notwithstanding
sub. (1g), a qualified retirement fund for a taxable year for federal income tax purposes is a qualified retirement fund for the taxable year for purposes of this subchapter.
71.34(1m)(b)
(b) Notwithstanding
sub. (1g), section 101 of
P.L. 109-222, related to extending the increased expense deduction under section
179 of the Internal Revenue Code, applies to property used in farming that is acquired and placed in service in taxable years beginning after December 31, 2007, and before January 1, 2010, and used by a person who is actively engaged in farming. For purposes of this paragraph, “actively engaged in farming" has the meaning given in
7 CFR 1400.201, and “farming" has the meaning given in section
464 (e) (1) of the Internal Revenue Code.
71.34(1p)
(1p) “Related entity" means any person related to a taxpayer as provided under section
267 or
1563 of the Internal Revenue Code during all or a portion of the taxpayer's taxable year and any real estate investment trust under section
856 of the Internal Revenue Code, except a qualified real estate investment trust, if more than 50 percent of any class of the beneficial interests or shares of the real estate investment trust are owned directly, indirectly, or constructively by the taxpayer, or any person related to the taxpayer, during all or a portion of the taxpayer's taxable year. For purposes of this subsection, the constructive ownership rules of section
318 (a) of the Internal Revenue Code, as modified by section
856 (d) (5) of the Internal Revenue Code, shall apply in determining the ownership of stock, assets, or net profits of any person.
71.34(1r)
(1r) For purposes of
sub. (1k) (j) and
(L), “rental expenses" means the gross amounts that would otherwise be deductible in the computation of Wisconsin adjusted gross income for the use of, or the right to use, real property and tangible personal property in connection with real property, including services furnished or rendered in connection with such property, regardless of how reported for financial accounting purposes and regardless of how computed.
71.34(2)
(2) “Tax-option corporation" means a corporation which is treated as an S corporation under subchapter S of the internal revenue code and has not elected out of tax-option corporation status under
s. 71.365 (4) (a) for the current taxable year.
71.34(3)
(3) “Tax-option item" means an item of income, loss or deduction.
71.34(4)
(4) “Wisconsin net income", for tax-option corporations engaged in business wholly within this state, means net income and, for tax-option corporations engaged in business both within and outside this state, means the amount assigned to this state under
s. 71.25.
71.34 History
History: 1987 a. 312;
1987 a. 411 ss.
18,
23,
146;
1989 a. 31,
336;
1991 a. 39,
269;
1993 a. 16,
437;
1995 a. 27,
380,
428;
1997 a. 27,
37,
237;
1999 a. 9,
194;
2001 a. 16,
109;
2003 a. 33,
99,
135,
255,
326;
2005 a. 25,
49,
74,
361,
479,
483;
2007 a. 20,
96,
226;
2009 a. 2,
28,
161,
183,
265,
269,
295,
332;
2011 a. 32,
212,
232;
2011 a. 260 s.
80;
2013 a. 20;
2015 a. 55,
216.
71.35
71.35
Imposition of additional tax on tax-option corporations. In addition to the other taxes imposed under this chapter, there is imposed on every tax-option corporation, except a corporation that qualifies for the exception under section
1374 (c) (1) of the internal revenue code and that has not elected to change from tax-option status under
s. 71.365 (4) (a) for that taxable year, that has a net recognized built-in gain, as defined in section
1374 (d) (2) of the internal revenue code, during a recognition period, as defined in section
1374 (d) (7) of the internal revenue code as modified by this section, a tax computed under section
1374 of the internal revenue code except that the rate is that under
s. 71.27 (2), the net recognized built-in gain is computed using the Wisconsin basis of the assets and the Wisconsin apportionment percentage for the current taxable year, the taxable income is the Wisconsin taxable income and the credit and net operating losses are those under this chapter rather than the federal credits and net operating losses. The tax under this section does not apply if the return is filed pursuant to a federal S corporation election made before January 1, 1987, and the corporation has not elected to change its status under
s. 71.365 (4) (a) for any intervening year. If a corporation that elected to change from tax-option status under
s. 71.365 (4) (a) subsequently elects to become a tax-option corporation, its recognition period begins with the first day of the first taxable year affected by the subsequent election.
71.35 History
History: 1987 a. 312;
1989 a. 31.
71.36
71.36
Tax-option items. 71.36(1)(1) It is the intent of this section that shareholders of tax-option corporations include in their Wisconsin adjusted gross income their proportionate share of the corporation's tax-option items unless the corporation elects under
s. 71.365 (4) (a) not to be a tax-option corporation.
71.36(1m)(a)(a) A tax-option corporation may deduct from its net income all amounts included in the Wisconsin adjusted gross income of its shareholders, the capital gain deduction under
s. 71.05 (6) (b) 9. and all amounts not taxable to nonresident shareholders under
ss. 71.04 (1) and
(4) to
(9) and
71.362.
71.36(1m)(b)
(b) For purposes of this subsection, interest on any of the following obligations is not included in shareholders' income:
71.36(1m)(b)2.
2. Interest on obligations issued under
s. 66.0304 by a commission if the bonds or notes are used to fund multifamily affordable housing projects or elderly housing projects in this state, and the Wisconsin Housing and Economic Development Authority has the authority to issue its bonds or notes for the project being funded, or if the bonds or notes are used by a health facility, as defined in
s. 231.01 (5), to fund the acquisition of information technology hardware or software, in this state, and the Wisconsin Health and Educational Facilities Authority has the authority to issue its bonds or notes for the project being funded, or if the bonds or notes are issued to fund a redevelopment project in this state or a housing project in this state, and the authority exists for bonds or notes to be issued by an entity described under
s. 66.1201,
66.1333, or
66.1335.
71.36(1m)(b)3.
3. Interest on obligations issued under
s. 66.0621 by a local professional baseball park district, a local professional football stadium district, or a local cultural arts district.
71.36(1m)(b)5.
5. Interest on obligations issued under
s. 234.65 to fund an economic development loan to finance construction, renovation or development of property that would be exempt under
s. 70.11 (36).
71.36(1m)(c)
(c) The proportionate share of the net loss of a tax-option corporation shall be attributed and made available to shareholders on a Wisconsin basis but subject to the limitation and carry-over rules as prescribed by section
1366 (d) of the Internal Revenue Code. Net operating losses of the corporation to the extent attributed or made available to a shareholder may not be used by the corporation for further tax benefit. For purposes of computing the Wisconsin adjusted gross income of shareholders, tax-option items shall be reported by the shareholders and those tax-option items, including capital gains and losses, shall retain the character they would have if attributed to the corporation, including their character as business income. In computing the tax liability of a shareholder, no credit against gross tax that would be available to the tax-option corporation if it were a nontax-option corporation may be claimed.
71.36(2)
(2) A tax-option corporation shall separately state all tax-option items the separate treatment of which may affect the liability of any shareholder for tax under this chapter.
71.36(3)(a)(a) The tax treatment of all tax-option items shall be determined at the corporate level.
71.36(3)(b)
(b) All shareholders of tax-option corporations shall treat tax-option items on their returns under this chapter in a manner consistent with the manner in which those tax-option items are treated on the corporation's Wisconsin income or franchise tax return or shall notify the department of revenue of any inconsistency and the reason for it.
71.36(4)
(4) Every tax-option corporation that is required to file a return under
s. 71.24 (1) shall, on or before the due date of the return, including extensions, provide a schedule to each shareholder whose share of income, deductions, credits, or other items of the tax-option corporation may affect the shareholder's tax liability under this chapter. The schedule shall separately indicate the shareholder's share of each item.
71.362
71.362
Situs of income. 71.362(1)(1) All tax-option items of nonresident individuals, nonresident estates and nonresident trusts derived from a tax-option corporation not requiring apportionment under
sub. (2) shall follow the situs of the business of the corporation from which they are derived, except that all 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 shall be allocated to this state.
71.362(2)
(2) Nonresident individuals, nonresident estates and nonresident trusts deriving income from a tax-option corporation which is engaged in business within and without this state shall be taxed only on the income of the corporation derived from business transacted and property located in this state and losses and other items of the corporation deductible by such shareholders shall be limited to their proportionate share of the Wisconsin loss or other item, except that all 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 shall be allocated to this state. For purposes of this subsection, all intangible income of tax-option corporations passed through to shareholders is business income that follows the situs of the business, except that all 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 shall be allocated to this state.
71.362 History
History: 1987 a. 312;
1999 a. 9.
71.365
71.365
General provisions. 71.365(1)
(1)
Adjusted basis of shareholders' stock in tax-option corporation. For purposes of this chapter, the adjusted basis of a shareholder in the stock and indebtedness of a tax-option corporation shall be determined in the manner prescribed by the internal revenue code for a shareholder of an S corporation, except that the nature and amount of items affecting that basis shall be determined under this chapter. This subsection does not apply to 1978 and earlier taxable years of corporations which were S corporations for federal income tax purposes or to taxable years of corporations for which an election has been made under
sub. (4) (a).
71.365(1m)
(1m) Tax-option corporations; depreciation. For taxable years beginning before January 1, 2014, a tax-option 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. Any difference between the adjusted basis for federal income tax purposes and the adjusted basis under this chapter shall be taken into account in determining net income or loss in the year or years for which the gain or loss is reportable under this chapter. If that property was placed in service by the taxpayer during taxable year 1986 and thereafter but before the property is used in the production of income subject to taxation under this chapter, the property's adjusted basis and the depreciation or other deduction schedule are not required to be changed from the amount allowable on the owner's federal income tax returns for any year because the property is used in the production of income subject to taxation under this chapter. If that property was acquired in a transaction in taxable year 1986 or thereafter in which the adjusted basis of the property in the hands of the transferee is the same as the adjusted basis of the property in the hands of the transferor, the Wisconsin adjusted basis of that property on the date of transfer is the adjusted basis allowable under the Internal Revenue Code as defined for Wisconsin purposes for the property in the hands of the transferor.
71.365(2)
(2) Corporation business loss carry-forward prohibition. The corporation net business loss carry-forward provided by
s. 71.26 (4) may not be claimed by a tax-option corporation.
71.365(3)
(3) Credits not allowed. The credits under
s. 71.28 (4m) may not be claimed by a tax-option corporation or shareholders of a tax-option corporation.
71.365(4)
(4) Election to change from tax-option status. 71.365(4)(a)(a) If persons who hold more than 50 percent of the shares on the day on which this election is made consent, a corporation that is an S corporation for federal income tax purposes and that does not have a qualified subchapter S subsidiary may elect, on or before the due date or extended due date of its return under this chapter, not to be a tax-option corporation for that taxable year and for later taxable years until its status is again changed.
71.365(4)(b)
(b) If persons who, on the day on which the election occurs, hold more than 50 percent of the shares of a corporation that has elected out under
par. (a) consent, a corporation that is an S corporation for federal income tax purposes may elect, on or before the due date or extended due date of its return under this chapter, to be a tax-option corporation for that taxable year, except that no corporation electing under
par. (a) and no successor of such a corporation may be a tax-option corporation for any of the next 4 taxable years after the taxable year to which its election under
par. (a) first applies.
71.365(5)
(5) Federal return copy. A tax-option corporation shall file with its state franchise or income tax return an exact copy of its federal income tax return for the same year and shall file any other return or statement filed with or made to, or any document received from, the U.S. internal revenue service, and any form required of that corporation and prescribed by the department of revenue, affecting the taxation of its shareholders.
71.365(6)
(6) Notice to shareholders of appeals and other proceedings. Any notice of determination by the department of any tax-option item may be contested by a tax-option corporation under
subch. XIV. A tax-option corporation shall timely notify all shareholders of any administrative or judicial proceeding about the determination of any tax-option item. Each shareholder may participate in any such proceeding and shall be bound by the final determination in that proceeding.
71.365(7)
(7) Qualified subchapter S subsidiaries. If a tax-option corporation elects to treat a subsidiary as a qualified subchapter S subsidiary for federal purposes, that election also applies for this chapter. If this state has jurisdiction to impose the taxes under this chapter on the qualified subchapter S subsidiary, this state has the jurisdiction to impose the taxes under this chapter on the tax-option corporation.
71.365(9)
(9) Adjustment under rules. A corporation that elects under
sub. (4) (a) not to be a tax-option corporation and a corporation that elects to become a tax-option corporation shall adjust its income, under rules promulgated by the department of revenue, for the taxable year for which that election is first effective to avoid the omission or double inclusion of any item of income, loss or deduction.
71.365 Cross-reference
Cross-reference: See also s.
Tax 2.03, Wis. adm. code.
URBAN TRANSIT COMPANIES
71.37
71.37
Conformity. Unless otherwise provided in this subchapter or the context requires otherwise, urban transit companies are subject to this chapter.
71.37 History
History: 1987 a. 312.
71.38
71.38
Definition. In this subchapter, “urban mass transportation of passengers" means the transportation of passengers by means of vehicles having a passenger-carrying capacity of 10 or more persons including the operator, such capacity to be determined by dividing by 20 the total seating space measured in inches, when such transportation takes place entirely within contiguous cities, villages or towns and in cities, villages or towns contiguous to that in which the carrier has its principal place of business, or within or between cities, villages or towns located within a radius of 10 miles of the city, village or town in which the carrier has its principal place of business, or entirely within one city, village or town contiguous thereto, or within a county having a population of 500,000 or more or within such county and the counties contiguous thereto, or suburban operations classified as such by the department of transportation.
71.38 History
History: 1987 a. 312;
1993 a. 16,
246.
71.385
71.385
Determination of cost. The cost of property used and useful in providing urban mass transportation of passengers and the depreciation accrued on such property shall be determined on the basis of the reports and orders on file with the department of transportation.
