76.61 History
History: 1971 c. 125;
1973 c. 243;
1975 c. 372 s.
41;
1979 c. 102 ss.
21,
236 (3), (4); Stats. 1979 s. 76.61.
76.62
76.62
License fees; calculation of. All license fees and taxes levied under any provision of law upon gross premiums other than life insurance premiums against any insurer shall be uniformly calculated on the amount of gross premiums received for direct insurance less return premiums and cancellations and returns from savings and gains on all insurance other than reinsurance by the insurer during the preceding year in this state.
76.62 History
History: 1979 c. 102 s.
22; Stats. 1979 s. 76.62;
1989 a. 31.
76.63
76.63
Casualty insurance; license fees. 76.63(1)(1)
Every insurer doing a casualty or surety business, other than domestic insurers and insurers exempted under s.
76.61, shall pay to the state 2 percent of its gross premiums, as calculated under s.
76.62, on all policies or contracts which have been written on the lives of residents or on property in this state.
76.63(2)
(2) Every domestic stock insurer which insures against financial loss by reason of nonpayment of principal, interest and other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate shall pay to the state on or before March 1 in each year 2 percent of its gross premiums, as calculated under s.
76.62, on all policies or contracts which have been written on the lives of residents or on property in this state.
76.63 History
History: 1971 c. 125;
1975 c. 372;
1979 c. 102 s.
23; Stats. 1979 s. 76.63;
1989 a. 31.
76.635
76.635
Credit for investment in certified capital companies. 76.635(2)
(2)
Credit. An insurer that makes a certified capital investment may credit against the fees due under s.
76.60,
76.63,
76.65,
76.66 or
76.67, for 10 years beginning with the year of the investment, either 10 percent of that investment or the amount by which the sum of the insurer's certified capital investments and the insurer's qualified investments exceeds the insurer's qualified investments in the taxable year before the insurer first claimed the credit under this section, whichever is less.
76.635(3)
(3)
Carry-forward. If the credit under sub.
(2) is not entirely offset against the fees under s.
76.60,
76.63,
76.65,
76.66 or
76.67 otherwise due, the unused balance may be carried forward and credited against those fees in the following years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the investment was made and the year in which the carry-forward credit is claimed.
76.635(4)(a)(a) If a certified capital company is decertified, or an investment pool is disqualified, under s.
560.37, 2005 stats., before the certified capital company fulfills the investment requirement under s.
560.34 (1m) (a) 1., 2005 stats., with respect to the investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay that credit to the commissioner of insurance, for deposit in the general fund, and may not claim more credit in respect to that investment pool.
76.635(4)(b)
(b) If a certified capital company fulfills the investment requirement under s.
560.34 (1m) (a) 1., 2005 stats., with respect to an investment pool but the certified capital company is decertified, or an investment pool is disqualified, under s.
560.37, 2005 stats., before the certified capital company fulfills the investment requirement under s.
560.34 (1m) (a) 2., 2005 stats., for that investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay all credits that were claimed for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool and may claim no more credits for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool.
76.635(5)
(5)
Sale of credit. An insurer may sell a credit under this section to another insurer that is subject to taxation under this subchapter if the insurer notifies the commissioner of insurance of the sale and includes with that notification a copy of the transfer documents.
76.635(6)
(6)
Nullification of credit precluded. This state may not impose a new tax or change an existing tax in order to nullify the credit created under this section.
76.636
76.636
Credit for certain development zone activities. 76.636(1)(a)
(a) “Brownfield" means an industrial or commercial facility in which expansion or redevelopment is complicated by environmental contamination.
76.636(1)(b)
(b) “Development zone" means any of the following:
76.636(1)(c)
(c) “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.
71.47 (1de) (a) 1., 2013 stats., unless an investigation of the property determines that remediation is required and that remediation is not undertaken.
76.636(1)(e)1.
1. A person who resides in an area designated by the federal government as an economic revitalization area.
76.636(1)(e)2.
2. 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.
76.636(1)(e)5.
5. A person who is a vocational rehabilitation referral.
76.636(2)
(2)
Credits. Except as provided in s.
73.03 (35), and subject to s.
238.385 or s.
560.785, 2009 stats., for any taxable year for which an insurer is entitled under s.
238.395 or s.
560.795 (3), 2009 stats., to claim tax benefits or certified under s.
238.365 (3),
238.397 (4), or
238.398 (3) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., or s.
560.798 (3), 2009 stats., the insurer may claim as a credit against the fees due under s.
76.60,
76.63,
76.65,
76.66, or
76.67 the following amounts:
76.636(2)(a)
(a) Fifty percent of the amount expended for environmental remediation in a development zone.
76.636(2)(b)
(b) 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.
76.636(2)(c)
(c) 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.
76.636(2)(d)
(d) 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.
76.636(2)(e)
(e) 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.
76.636(3)
(3)
Carry-forward. If the credit under sub.
(2) is not entirely offset against the fees under s.
76.60,
76.63,
76.65,
76.66, or
76.67 otherwise due, the unused balance may be carried forward and credited against those fees for the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the expense was made and the year in which the carry-forward credit is claimed.
76.636(4)
(4)
Credit precluded. If the certification of a person for tax benefits under s.
238.365 (3),
238.397 (4), or
238.398 (3) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., or s.
560.798 (3), 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 do any of the following:
76.636(4)(a)
(a) Claim credits under this section for any of the following:
76.636(4)(a)1.
1. The taxable year that includes the day on which the certification is revoked.
76.636(4)(a)2.
2. The taxable year that includes the day on which the person becomes ineligible for tax benefits.
76.636(4)(b)1.
1. The taxable year that includes the day on which certification is revoked.
76.636(4)(b)2.
2. The taxable year that includes the day on which the person becomes ineligible for tax benefits.
76.636(5)
(5)
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), or
238.398 (3) or s.
560.765 (3), 2009 stats., s.
560.797 (4), 2009 stats., or s.
560.798 (3), 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.
76.636(6)
(6)
Administration. Any insurer who claims a credit under sub.
(2) shall include with the insurer's annual return under s.
76.64 a copy of its certification for tax benefits and a copy of its verification of expenses from the department of commerce or the Wisconsin Economic Development Corporation.
76.637
76.637
Economic development credit. 76.637(1)(1)
Definition. In this section, “claimant" means an insurer who files a claim under this section 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.
76.637(2)
(2)
Filing claims. Subject to the limitations under this section, ss.
238.301 to
238.306, and ss.
560.701 to
560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the fees due under s.
76.60,
76.63,
76.65,
76.66, or
76.67 the amount authorized for the claimant under s.
238.303 or s.
560.703, 2009 stats.
76.637(3)
(3)
Limitations. No credit may be allowed under this section unless the insurer includes with the insurer's annual return under s.
76.64 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.
76.637(4)
(4)
Administration. If an insurer's certification is revoked under s.
238.305 or s.
560.705, 2009 stats., or if an insurer becomes ineligible for tax benefits under s.
238.302 or s.
560.702, 2009 stats., the insurer may not claim credits under this section for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years and the insurer may not carry over unused credits from previous years to offset the fees imposed under ss.
76.60,
76.63,
76.65,
76.66, or
76.67 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years.
76.637 History
History: 2009 a. 2;
2011 a. 32.
76.638
76.638
Early stage seed investment credit. 76.638(1)(1)
Definitions. In this section, “fund manager" means an investment fund manager certified under s.
238.15 (2) or s.
560.205 (2), 2009 stats.
76.638(2)
(2)
Filing claims. For taxable years beginning after December 31, 2008, subject to the limitations provided under this subsection and s.
238.15 or s.
560.205, 2009 stats., an insurer may claim as a credit against the fees imposed under s.
76.60,
76.63,
76.65,
76.66, or
76.67, 25 percent of the insurer's investment paid to a fund manager that the fund manager invests in a business certified under s.
238.15 or s.
560.205 (1), 2009 stats.
76.638(3)
(3)
Investment basis. The Wisconsin adjusted basis of any investment for which a credit is claimed under sub.
(2) shall be reduced by the amount of the credit that is offset against the fees imposed under s.
76.60,
76.63,
76.65,
76.66, or
76.67.
76.638(4)
(4)
Carry-forward. If the credit under sub.
(2) is not entirely offset against the fees under s.
76.60,
76.63,
76.65,
76.66, or
76.67 otherwise due, the unused balance may be carried forward and credited against those fees for the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the expense was made and the year in which the carry-forward credit is claimed.
76.638 History
History: 2009 a. 2;
2011 a. 32.
76.639
76.639
Low-income housing credit. 76.639(1)(a)
(a) “Allocation certificate” means a statement issued by the authority certifying that a qualified development is eligible for a credit under this subsection and specifying the amount of the credit that the owners of the qualified development may claim.
76.639(1)(b)
(b) “Authority” means the Wisconsin Housing and Economic Development Authority.
76.639(1)(c)
(c) “Claimant” means an insurer who has an ownership interest in a qualified development and who files a claim under this section.
76.639(1)(d)
(d) “Compliance period” means the 15-year period beginning with the first taxable year of the credit period.
76.639(1)(e)
(e) “Credit period” means the period of 6 taxable years beginning with the taxable year in which a qualified development is placed in service. For purposes of this paragraph, if a qualified development consists of more than one building, the qualified development is placed in service in the taxable year in which the last building of the qualified development is placed in service.
76.639(1)(f)
(f) “Qualified basis” means the qualified basis determined under section
42 (c) (1) of the Internal Revenue Code.
76.639(1)(g)
(g) “Qualified development” means a qualified low-income housing project under section
42 (g) of the Internal Revenue Code that is financed with tax-exempt bonds, pursuant to section
42 (i) (2) of the Internal Revenue Code, and located in this state.
76.639(2)
(2)
Filing claims. Subject to the limitations provided in this section and in s.
234.45, for taxable years beginning after December 31, 2017, a claimant may claim as a credit against the fees imposed under s.
76.60,
76.63,
76.65,
76.66, or
76.67 the amount allocated to the claimant by the authority under s.
234.45 for each taxable year within the credit period.
76.639(3)
(3)
Limitations. No insurer may claim the credit under sub.
(2) unless the claimant includes with the claimant's return a copy of the allocation certificate issued to the qualified development.
