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.
76.639(4)(a)(a) As of the last day of any taxable year during the compliance period, if the amount of the qualified basis of a qualified development with respect to a claimant is less than the amount of the qualified basis as of the last day of the immediately preceding taxable year, the amount of the claimant's tax liability under s.
76.60,
76.63,
76.65,
76.66, or
76.67 shall be increased by the recapture amount determined by using the method under section
42 (j) of the Internal Revenue Code.
76.639(4)(b)
(b) In the event that the recapture of any credit is required in any taxable year, the taxpayer shall include the recaptured proportion of the credit on the return submitted for the taxable year in which the recapture event is identified.
76.639(5)
(5)
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.
76.639 History
History: 2017 a. 176.
76.64
76.64
Quarterly installments. Insurers shall pay installments of the total estimated payment under ss.
76.60,
76.63,
76.65 and
76.66 on or before April 15, June 15, September 15 and December 15. Every insurer shall make a return for the preceding calendar year on or before March 1 setting forth the information that the commissioner of insurance reasonably requires, on forms prescribed by the commissioner. On or before March 1, the insurer shall pay any additional amount due for the preceding calendar year. Overpayment will be credited on the amount due April 15.
76.64 History
History: 1979 c. 102 s.
24; Stats. 1979 s. 76.64;
1981 c. 20;
1985 a. 29;
1989 a. 31.
76.645(1)(1)
Late payment. An insurer that fails to make quarterly payments under s.
76.64 of at least 25 percent of either the total tax paid for the previous calendar year or 80 percent of the actual tax for the current calendar year is liable, in addition to the amount due, for interest of 1.5 percent of the amount due and unpaid for each month or part of a month that the amount due, together with any interest, remains unpaid.
76.645(2)
(2)
Negligence. An insurer that fails to pay an amount due, or file a return required, under s.
76.64, and upon a showing by the department of revenue under s.
73.16 (4), is liable for the greater of the following amounts:
76.645(2)(b)
(b) Five percent of the amount due for each month or fraction of a month during which the failure continues, but not more than 25 percent of the amount due.
76.645 History
History: 1985 a. 29;
2011 a. 68.
76.65
76.65
Life insurers; license fee. Every insurer doing a life insurance business within this state, except fraternals as defined in s.
614.01, shall pay into the state treasury as an annual license fee for transacting such business the amounts following:
76.65(1)(a)(a) If such insurer is organized under the laws of this state, it shall pay as an annual license fee 3.5 percent upon its gross income from all sources for the preceding calendar year except interest required to provide and maintain reserves according to the laws of this state, and except premiums collected on policies of insurance and contracts for annuities. No domestic insurer shall, however, in any year pay in the aggregate for license fee as prescribed in this paragraph an amount in excess of the annual license fee which would have been payable by it in such year under sub.
(2) had it been operating as a foreign insurer subject to sub.
(2). Any domestic insurer having in excess of $750,000,000 of insurance in force as of December 31 of the preceding calendar year, excluding therefrom any reinsurance assumed on which premium taxes are payable by the ceding insurer, shall not pay less in the aggregate for a license fee as prescribed in this paragraph than the amount of the annual license fee which would have been payable by it in such year under sub.
(2) had it been operating as a foreign insurer subject to sub.
(2). Payments under this paragraph shall be made annually on or before March 1.
76.65(1)(b)
(b) In computing the fee under par.
(a), the amount of such gross income shall, after deducting the excepted portions thereof, be multiplied by a fraction the numerator of which is the net investment income applicable to life insurance and annuities and the denominator of which is the total net investment income, as set forth in the annual statement forms for such year as approved by the commissioner of insurance.
76.65(2)
(2)
Foreign insurers. If any such insurer is organized outside of this state, it shall pay into the state treasury, as such annual license fee, 2 percent upon the excess of the gross premiums received in money or otherwise during the preceding calendar year on all policies or contracts of insurance on the lives of residents of this state after deducting all sums apportioned to premium paying policies on the lives of residents of this state from annual distribution of profits, savings, earnings or surplus which before the expiration of the calendar year next succeeding such apportionment have been either paid in cash or applied in part payment of premiums.
76.65 History
History: 1971 c. 215,
289;
1975 c. 373;
1979 c. 102 s.
25; Stats. 1979 s. 76.65;
1981 c. 20.
76.65 Annotation
Life insurance policy dividends left with the insurance company to accumulate at interest beyond the expiration of the calendar year are not to be treated as dividends “paid in cash" under s. 76.34 (2) [now s. 76.65]. Because of long-standing administrative construction, current dividends applied to purchase additional paid-up insurance are not reportable as gross premiums and thus, not taxable under s. 76.34 (2). Accumulated dividends so applied are reportable and taxable. 59 Atty. Gen. 152.
76.655
76.655
Health Insurance Risk-Sharing Plan assessments credit. 76.655(1)(1)
Definitions. In this section, “claimant" means an insurer, as defined in s.
149.10 (5), 2011 stats., who files a claim under this section.
76.655(2)
(2)
Filing claims. Subject to the limitations provided under this section, for taxable years beginning after December 31, 2005, and before January 1, 2015, a claimant may claim as a credit against the fees imposed under ss.
76.60,
76.63,
76.65,
76.66 or
76.67 an amount that is equal to the amount of assessment under s.
149.13, 2011 stats., that the claimant paid in the claimant's taxable year, multiplied by the percentage determined under sub.
(3).
