AB64-ASA1,616,87
4. “Wages" means wages under section
3306 (b) of the Internal Revenue Code,
8determined without regard to any dollar limitations.
AB64-ASA1,616,99
5. “Zone” means a zone designated under s. 238.396 (1m).
AB64-ASA1,616,1510
6. “Zone payroll" means the amount of state payroll that is attributable to
11wages paid by the claimant to full-time employees for services that are performed
12in the zone or that are performed outside the zone, but within the state, and for the
13benefit of the operations within the zone, as determined by the Wisconsin Economic
14Development Corporation. “Zone payroll" does not include the amount of wages paid
15to any full-time employees that exceeds $100,000.
AB64-ASA1,616,1716
(b)
Filing claims; payroll. Subject to the limitations provided in this subsection
17and s. 238.396, a claimant may claim as a credit an amount calculated as follows:
AB64-ASA1,616,1918
1. Determine the zone payroll for the taxable year for full-time employees
19employed by the claimant.
AB64-ASA1,616,2020
2. Multiply the amount determined under subd. 1. by 17 percent.
AB64-ASA1,616,2421
(bm)
Filing supplemental claims. In addition to claiming the credit under par.
22(b), and subject to the limitations under this subsection and s. 238.396, a claimant
23may claim as a credit up to 15 percent of the claimant's significant capital
24expenditures in the zone in the taxable year, as determined under s. 238.396 (3m).
AB64-ASA1,617,6
1(c)
Limitations. Partnerships, limited liability companies, and tax-option
2corporations may claim the credit under this subsection as provided under par. (d).
3The Wisconsin Economic Development Corporation may recover credits claimed
4under this paragraph that are revoked or otherwise invalid from the partnership,
5limited liability company, or tax-option corporation or from the individual partner,
6member, or shareholder.
AB64-ASA1,617,127
(d)
Administration. Claims under this subsection shall be made to the
8Wisconsin Economic Development Corporation using policies and procedures
9established by the corporation board. The corporation shall certify valid claims to
10the department of administration for payment by check, share draft, or other draft
11drawn from the appropriation under s. 20.835 (2) (cp). Notwithstanding s. 71.82, no
12interest shall be paid on amounts certified under this subdivision.
AB64-ASA1,1037t
13Section 1037t. 71.07 (3y) (b) (intro.) of the statutes is amended to read:
AB64-ASA1,617,1714
71.07
(3y) (b)
Filing claims. (intro.) Subject to the limitations provided in this
15subsection and s. 238.308, for taxable years beginning after December 31, 2015, a
16claimant may claim as a credit
against the tax imposed under ss. 71.02 and 71.08 all
17of the following:
AB64-ASA1,1037u
18Section 1037u. 71.07 (3y) (c) 1. of the statutes is amended to read:
AB64-ASA1,618,419
71.07
(3y) (c) 1.
Partnerships
For claims filed before January 1, 2018,
20partnerships, limited liability companies, and tax-option corporations may not
21claim the credit under this subsection, but the eligibility for, and the amount of, the
22credit are based on their payment of amounts under par. (b). A partnership, limited
23liability company, or tax-option corporation shall compute the amount of credit that
24each of its partners, members, or shareholders may claim and shall provide that
25information to each of them. Partners, members of limited liability companies, and
1shareholders of tax-option corporations may claim the credit in proportion to their
2ownership interests.
For claims filed after December 31, 2017, partnerships, limited
3liability companies, and tax-option corporations may claim the credit under this
4subsection as provided under par. (d) 2. b.
AB64-ASA1,1037v
5Section 1037v. 71.07 (3y) (c) 2. of the statutes is amended to read:
AB64-ASA1,618,86
71.07
(3y) (c) 2.
No For claims filed before January 1, 2018, no credit may be
7allowed under this subsection unless the claimant includes with the claimant's
8return a copy of the claimant's certification for tax benefits under s. 238.308.
AB64-ASA1,1037w
9Section 1037w. 71.07 (3y) (d) 1. of the statutes is amended to read:
AB64-ASA1,618,1210
71.07
(3y) (d) 1. Section 71.28 (4) (e), (g), and (h), as it applies to the credit under
11s. 71.28 (4), applies to the credit under this subsection.
This subdivision does not
12apply to claims filed after December 31, 2017.
AB64-ASA1,1038g
13Section 1038g. 71.07 (3y) (d) 2. of the statutes is renumbered 71.07 (3y) (d)
142. a. and amended to read:
AB64-ASA1,618,2115
71.07
(3y) (d) 2. a.
If
For claims filed before January 1, 2018, if the allowable
16amount of the claim under par. (b) exceeds the tax otherwise due under ss. 71.02 and
1771.08, the amount of the claim not used to offset the tax due shall be certified by the
18department of revenue to the department of administration for payment by check,
19share draft, or other draft drawn from the appropriation account under s. 20.835 (2)
20(bg).
Notwithstanding s. 71.82, no interest shall be paid on amounts certified under
21this subd. 2. a.
AB64-ASA1,1038h
22Section 1038h. 71.07 (3y) (d) 2. b. of the statutes is created to read:
AB64-ASA1,619,423
71.07
(3y) (d) 2. b. For claims filed after December 31, 2017, claims under this
24subsection shall be made to the Wisconsin Economic Development Corporation using
25policies and procedures established by the corporation board. The corporation shall
1certify valid claims to the department of administration for payment by check, share
2draft, or other draft drawn from the appropriation under s. 20.835 (2) (bg).
3Notwithstanding s. 71.82, no interest shall be paid on amounts certified under this
4subd. 2. b.
AB64-ASA1,1038m
5Section 1038m. 71.07 (4k) (b) 4. a. of the statutes is amended to read:
AB64-ASA1,619,206
71.07
(4k) (b) 4. a. Except as provided in subds. 5. and 6., for taxable years
7beginning after December 31, 2014, an individual, a partner of a partnership, a
8shareholder of a tax-option corporation, or a member of a limited liability company
9may claim a credit against the tax imposed under s. 71.02
or 71.08, as allocated under
10par. (d), an amount equal to 5.75 percent of the amount by which the individual's,
11partnership's, tax-option corporation's, or limited liability company's qualified
12research expenses for the taxable year exceed 50 percent of the average qualified
13research expenses for the 3 taxable years immediately preceding the taxable year for
14which the claimant claims the credit. If the individual, partnership, tax-option
15corporation, or limited liability company had no qualified research expenses in any
16of the 3 taxable years immediately preceding the taxable year for which the claimant
17claims the credit, the claimant may claim an amount equal to 2.875 percent of the
18individual's, partnership's, tax-option corporation's, or limited liability company's
19qualified research expenses for the taxable year for which the claimant claims the
20credit.
AB64-ASA1,1038p
21Section 1038p. 71.07 (4k) (b) 5. a. of the statutes is amended to read:
AB64-ASA1,620,1022
71.07
(4k) (b) 5. a. For taxable years beginning after December 31, 2014, an
23individual, a partner of a partnership, a shareholder of a tax-option corporation, or
24a member of a limited liability company may claim a credit against the tax imposed
25under s. 71.02
or 71.08, as allocated under par. (d), an amount equal to 11.5 percent
1of the amount by which the individual's, partnership's, tax-option corporation's, or
2limited liability company's qualified research expenses for the taxable year exceed
350 percent of the average qualified research expenses for the 3 taxable years
4immediately preceding the taxable year for which the claimant claims the credit. If
5the individual, partnership, tax-option corporation, or limited liability company had
6no qualified research expenses in any of the 3 taxable years immediately preceding
7the taxable year for which the claimant claims the credit, the claimant may claim an
8amount equal to 5.75 percent of the individual's, partnership's, tax-option
9corporation's, or limited liability company's qualified research expenses for the
10taxable year for which the claimant claims the credit.
AB64-ASA1,1038r
11Section 1038r. 71.07 (4k) (b) 6. a. of the statutes is amended to read:
AB64-ASA1,620,2512
71.07
(4k) (b) 6. a. For taxable years beginning after December 31, 2014, an
13individual, a partner of a partnership, a shareholder of a tax-option corporation, or
14a member of a limited liability company may claim a credit against the tax imposed
15under s. 71.02
or 71.08, as allocated under par. (d), an amount equal to 11.5 percent
16of the amount by which the individual's, partnership's, tax-option corporation's, or
17limited liability company's qualified research expenses for the taxable year exceed
1850 percent of the average qualified research expenses for the 3 taxable years
19immediately preceding the taxable year for which the claimant claims the credit. If
20the individual, partnership, tax-option corporation, or limited liability company had
21no qualified research expenses in any of the 3 taxable years immediately preceding
22the taxable year for which the claimant claims the credit, the claimant may claim an
23amount equal to 5.75 percent of the individual's, partnership's, tax-option
24corporation's, or limited liability company's qualified research expenses for the
25taxable year for which the claimant claims the credit.
AB64-ASA1,1038s
1Section 1038s. 71.07 (4k) (e) of the statutes is renumbered 71.07 (4k) (e) 1. and
2amended to read:
AB64-ASA1,621,53
71.07
(4k) (e) 1.
Section
For taxable years beginning before January 1, 2018,
4s. 71.28 (4) (b) to (h), as it applies to the credit under s. 71.28 (4), applies to the credits
5under this subsection.