AB75-SSA1,836,2517
71.255
(2) (a) A corporation, not including a corporation of which all its income
18is exempt from taxation under s. 71.26 (1)
or 71.45 (1), engaged in a unitary business
19with one or more other corporations
in the same commonly controlled group shall
20report its share of income from that unitary business in the amount determined by
21a combined report filed by a designated agent of the unitary business, as determined
22under sub. (7). The combined report shall include the income, determined under sub.
23(3), and apportionment factor or factors determined under sub. (5), of every
24corporation
in the commonly controlled group that is engaged in the unitary
25business, except as provided in pars. (b) to (f).
AB75-SSA1,837,63
71.255
(3) (c) Its income from a business conducted wholly by the member
4entirely within the state.
If a combined group consists only of corporations that are
5conducting business entirely within this state, sub. (4) (f) to (j) applies to those
6corporations.
AB75-SSA1,837,1811
71.255
(4) (f) Except as provided in sub. (2) (d) 3. and except if the modification
12under s. 71.26 (3) (j) applies, dividends paid by one combined group member to
13another shall be, to the extent that the dividends are paid out of the earnings and
14profits of the unitary business included in the combined report, whether in the
15current taxable year or in a prior taxable year, subtracted from the income of the
16recipient. This paragraph does not apply to dividends received from members of the
17unitary business that were not part of the combined group
during the calendar year
18preceding the receipt of the dividends at the time that the dividends were paid.
AB75-SSA1,837,2321
71.255
(4) (h) Limitations that apply to charitable contribution deductions
22shall be applied as provided under section
170 of the Internal Revenue Code in the
23manner prescribed by the department by rule, as provided under sub. (11).
AB75-SSA1,838,5
171.255
(4) (i) Gain or loss from the sale or exchange of capital assets, property
2described by section
1231 (a) (3) of the Internal Revenue Code, and property subject
3to an involuntary conversion shall be determined as provided under sections
1211,
41222, and
1231 of the Internal Revenue Code in the manner prescribed by the
5department by rule, as provided under sub. (11).
AB75-SSA1,838,168
71.255
(6) (b) 1. Subject to the limitations provided under s. 71.26 (3) (n), for
9each taxable year that a corporation has a net business loss carry-forward, as
10provided under s. 71.26 (4) or 71.45 (4), that was computed on a combined report for
11a combined group's unitary business for a taxable year beginning on or after January
121, 2009, the corporation may, after using such net business loss carry-forward to
13offset its own income for the taxable year, use any remaining net business loss
14carry-forward to offset the income of all other members of the combined group on a
15proportionate basis, to the extent such income is attributable to that same unitary
16business.
AB75-SSA1,838,2017
2. Unless otherwise provided by the department by rule, if the corporation may
18no longer be included in the combined group, as determined under this section, the
19corporation's net business loss carry-forward shall be available only to that
20corporation.
AB75-SSA1,839,223
71.255
(7) (a) Each combined group shall have one designated agent. Except
24as prescribed by the department by rule, the designated agent is the parent
1corporation of the combined group. If there is no such parent corporation, the
2designated agent may be appointed in the manner prescribed by the department.
AB75-SSA1,839,75
71.255
(7) (b) (intro.)
Only Except as prescribed by the department, only the
6designated agent may act on behalf of the members of the combined group for matters
7relating to the combined report. The designated agent's responsibilities include:
AB75-SSA1,839,1913
71.255
(11) Conformity with federal consolidated return regulations. The
14department may promulgate any rules necessary to create uniformity between the
15treatment of transactions entered into by members of a federal consolidated group
16under federal regulations, including any income, expense, gain, or loss limitations
17applicable to such transactions, and treatment of transactions entered into by
18members of a combined group under this section, including any income, expense,
19gain, or loss limitations applicable to such transactions.
AB75-SSA1,839,2521
71.26
(1) (b)
Political units. Income received by the United States, the state
22and all counties, cities, villages, towns, school districts, technical college districts,
23joint local water authorities created under s. 66.0823,
transit authorities created
24under s. 66.1039, long-term care districts under s. 46.2895 or other political units
25of this state.
AB75-SSA1,840,52
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
3Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
4Authority,
of the Wisconsin Quality Home Care Authority, and of the Fox River
5Navigational System Authority, and of the Wisconsin Aerospace Authority.
AB75-SSA1,840,77
71.26
(1m) (j) Those issued under s. 59.58 (7) (f).