JK:amn
2023 - 2024 LEGISLATURE
March 6, 2024 - Introduced by Representatives Jacobson, Considine, Tranel,
Bare, Behnke, C. Anderson, Conley, Drake, Emerson, Hong, Joers,
Ohnstad, Palmeri, Ratcliff, Shankland, Stubbs, Subeck and Novak,
cosponsored by Senators Spreitzer, Agard, Roys and Smith. Referred to
Committee on Ways and Means.
AB1124,1,5 1An Act to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.26 (2) (a) 4., 71.30
2(3) (f), 71.34 (1k) (g), 71.45 (2) (a) 10. and 71.49 (1) (f); and to create 20.835 (2)
3(dp), 71.07 (8s), 71.28 (8s), 71.47 (8s) and 93.521 of the statutes; relating to:
4income tax credits for beginning farmers and owners of farm assets and making
5an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates an income tax credit for a beginning farmer who leases or
purchases agricultural assets from an asset owner and uses the assets for farming
and for a person whose assets are leased or sold to a beginning farmer. Under the
bill, a beginning farmer is a person who has a net worth of less than $200,000 and
who has farmed for fewer than 10 years. The bill defines “agricultural assets” as land
assessed for property tax purposes as agricultural land or machinery, equipment,
facilities, or livestock that is used in farming. The amount of the credit is equal to
5 percent of the lease amount or sales price paid by the beginning farmer to an asset
owner for agricultural assets for the taxable year and 5 percent of the lease amount
or sales price received by the asset owner from a beginning farmer for agricultural
assets for the taxable year. The beginning farmer may also claim a credit equal to
5 percent of the amount the farmer paid for improvements on agricultural assets
consisting of land and facilities. The maximum amount that a claimant may receive
in any taxable year is $75,000 and maximum amount of the credit for all claimants
in any taxable year is $5,000,000.

Under the bill, in order to claim the credit, both the beginning farmer and the
asset owner must submit an application to the Department of Agriculture, Trade and
Consumer Protection. The beginning farmer must submit a business plan with the
beginning farmer's application and provide a description of the beginning farmer's
education, training, and experience in the type of farming in which the beginning
farmer uses the leased or purchased agricultural assets.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1124,1 1Section 1 . 20.835 (2) (dp) of the statutes is created to read:
AB1124,2,32 20.835 (2) (dp) Beginning farmer and farm asset owner tax credit. A sum
3sufficient to pay the claims approved under ss. 71.07 (8s), 71.28 (8s), and 71.47 (8s).
AB1124,2 4Section 2. 71.05 (6) (a) 15. of the statutes is amended to read:
AB1124,2,105 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
6(2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j),
7(5k), (5r), (5rm), (6n), (8s), and (10) and not passed through by a partnership, limited
8liability company, or tax-option corporation that has added that amount to the
9partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or
1071.34 (1k) (g).
AB1124,3 11Section 3 . 71.07 (8s) of the statutes is created to read:
AB1124,2,1312 71.07 (8s) Beginning farmer and farm asset owner tax credit. (a) Definitions.
13In this subsection:
AB1124,2,1514 1. “Agricultural assets" means agricultural land or machinery, equipment,
15facilities, or livestock that is used in farming.
AB1124,2,1616 2. “Agricultural land” has the meaning given in s. 70.32 (2) (c) 1g.
AB1124,2,1817 3. “Asset owner" means a person who meets the conditions specified in s. 93.521
18(3).
AB1124,3,2
14. “Beginning farmer" means a person who meets the conditions specified in s.
293.521 (2).
AB1124,3,53 5. “Claimant" means a beginning farmer who files a claim under this subsection
4or an asset owner who files a claim under this subsection, except that, for a beginning
5farmer, “claimant” means the following:
AB1124,3,76 a. For partnerships, except publicly traded partnerships treated as
7corporations under s. 71.22 (1k), “claimant" means each separate partner.
AB1124,3,88 b. For tax-option corporations, “claimant" means each separate shareholder.
AB1124,3,109 c. For limited liability companies, except limited liability companies treated as
10corporations under s. 71.22 (1k), “claimant" means each separate member.
AB1124,3,1211 6. “Farming" has the meaning given in section 464 (e) of the Internal Revenue
12Code.
AB1124,3,1613 7. “Lease amount" is the amount of the cash payment paid by a beginning
14farmer to an asset owner each year for leasing the asset owner's agricultural assets,
15including amounts paid under a lease agreement that results in the beginning
16farmer owning the agricultural assets.
AB1124,3,2417 (b) Filing claims. 1. Subject to the limitations provided in this subsection, for
18taxable years beginning after December 31, 2025, a beginning farmer may claim as
19a credit against the tax imposed under s. 71.02 an amount equal to 5 percent of the
20lease amount or sales price paid by the beginning farmer to an asset owner for the
21lease or purchase of agricultural assets for the taxable year to which the claim
22relates. The beginning farmer may also claim an amount equal to 5 percent of the
23amount the beginning farmer paid in the taxable year for improvements to
24agricultural assets consisting of land and facilities.
AB1124,4,5
12. Subject to the limitations provided in this subsection, for taxable years
2beginning after December 31, 2025, an asset owner may claim as a credit against the
3tax imposed under s. 71.02 an amount equal to 5 percent of the lease amount or sales
4price received by the asset owner from a beginning farmer for agricultural assets for
5the taxable year to which the claim relates.
AB1124,4,86 (c) Limitations. 1. With regard to credit claimed on the basis of a lease amount,
7a claimant may only claim the credit under this subsection for the first 3 years of any
8lease of an asset owner's agricultural assets to a beginning farmer.
AB1124,4,109 2. No credit may be allowed under this subsection unless it is claimed within
10the time period under s. 71.75 (2).
AB1124,4,1211 3. A claimant shall submit with the claimant's income tax return the certificate
12of eligibility provided under s. 93.521 (5) (b).
AB1124,4,1413 4. No credit may be claimed under this subsection by a part-year resident or
14a nonresident of this state.
AB1124,4,1615 5. The maximum credit that a claimant may claim under this subsection for any
16taxable year is $75,000.
AB1124,4,2217 6. a. Partnerships, limited liability companies, and tax-option corporations
18may not claim the credit under this subsection, but the eligibility for, and the amount
19of, the credit are based on the amounts paid under par. (b). A partnership, limited
20liability company, or tax-option corporation shall compute the amount of credit that
21each of its partners, members, or shareholders may claim and shall provide that
22information to each of them.
AB1124,5,223 b. In order to claim the credit computed under par. (b) 1., partners, members
24of limited liability companies, and shareholders of tax-option corporations shall

1meet the requirements under s. 93.521 (2) and claim the credit in proportion to their
2ownership interests.
AB1124,5,53 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), to the extent that it
4applies to the credit under that subsection, applies to the credit under this
5subsection.
AB1124,5,106 2. If the allowable amount of the claim under this subsection exceeds the
7income taxes otherwise due on the claimant's income, the amount of the claim not
8used as an offset against those taxes shall be certified by the department of revenue
9to the department of administration for payment to the claimant by check, share
10draft, or other draft from the appropriation under s. 20.835 (2) (dp).
AB1124,4 11Section 4. 71.10 (4) (i) of the statutes is amended to read:
AB1124,5,2112 71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
13preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
14beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
1571.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
1671.07 (4k) (e) 2. a., veterans and surviving spouses property tax credit under s. 71.07
17(6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and information
18technology manufacturing zone credit under s. 71.07 (3wm), beginning farmer and
19farm asset owner tax credit under s. 71.07 (8s),
earned income tax credit under s.
2071.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch.
21X.
AB1124,5 22Section 5. 71.21 (4) (a) of the statutes is amended to read:
AB1124,6,223 71.21 (4) (a) The amount of the credits computed by a partnership under s.
2471.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),

1(5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8s), and (10) and passed through to partners
2shall be added to the partnership's income.
AB1124,6 3Section 6. 71.26 (2) (a) 4. of the statutes is amended to read:
AB1124,6,94 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
5(1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5e), (5g), (5i), (5j), (5k), (5r),
6(5rm), (6n), (8s), and (10) and not passed through by a partnership, limited liability
7company, or tax-option corporation that has added that amount to the partnership's,
8limited liability company's, or tax-option corporation's income under s. 71.21 (4) or
971.34 (1k) (g).
AB1124,7 10Section 7 . 71.28 (8s) of the statutes is created to read:
AB1124,6,1211 71.28 (8s) Beginning farmer and farm asset owner tax credit. (a) Definitions.
12In this subsection:
AB1124,6,1413 1. “Agricultural assets" means agricultural land or machinery, equipment,
14facilities, or livestock that is used in farming.
AB1124,6,1515 2. “Agricultural land” has the meaning given in s. 70.32 (2) (c) 1g.
AB1124,6,1716 3. “Asset owner" means a person who meets the conditions specified in s. 93.521
17(3).
AB1124,6,1918 4. “Beginning farmer" means a person who meets the conditions specified in s.
1993.521 (2).
AB1124,6,2220 5. “Claimant" means a beginning farmer who files a claim under this subsection
21or an asset owner who files a claim under this subsection, except that, for a beginning
22farmer, “claimant” means the following:
AB1124,6,2423 a. For partnerships, except publicly traded partnerships treated as
24corporations under s. 71.22 (1k), “claimant" means each separate partner.
AB1124,6,2525 b. For tax-option corporations, “claimant" means each separate shareholder.
AB1124,7,2
1c. For limited liability companies, except limited liability companies treated as
2corporations under s. 71.22 (1k), “claimant" means each separate member.
AB1124,7,43 6. “Farming" has the meaning given in section 464 (e) of the Internal Revenue
4Code.
AB1124,7,85 7. “Lease amount" is the amount of the cash payment paid by a beginning
6farmer to an asset owner each year for leasing the asset owner's agricultural assets,
7including amounts paid under a lease agreement that results in the beginning
8farmer owning the agricultural assets.
AB1124,7,169 (b) Filing claims. 1. Subject to the limitations provided in this subsection, for
10taxable years beginning after December 31, 2025, a beginning farmer may claim as
11a credit against the tax imposed under s. 71.23 an amount equal to 5 percent of the
12lease amount or sales price paid by the beginning farmer to an asset owner for the
13lease or purchase of agricultural assets for the taxable year to which the claim
14relates. The beginning farmer may also claim an amount equal to 5 percent of the
15amount the beginning farmer paid in the taxable year for improvements to
16agricultural assets consisting of land and facilities.
AB1124,7,2117 2. Subject to the limitations provided in this subsection, for taxable years
18beginning after December 31, 2025, an asset owner may claim as a credit against the
19tax imposed under s. 71.23 an amount equal to 5 percent of the lease amount or sales
20price received by the asset owner from a beginning farmer for agricultural assets for
21the taxable year to which the claim relates.
AB1124,7,2422 (c) Limitations. 1. With regard to credit claimed on the basis of a lease amount,
23a claimant may only claim the credit under this subsection for the first 3 years of any
24lease of an asset owner's agricultural assets to a beginning farmer.
AB1124,8,2
12. No credit may be allowed under this subsection unless it is claimed within
2the time period under s. 71.75 (2).
AB1124,8,43 3. A claimant shall submit with the claimant's income tax return the certificate
4of eligibility provided under s. 93.521 (5) (b).
AB1124,8,65 4. No credit may be claimed under this subsection by a part-year resident or
6a nonresident of this state.
AB1124,8,87 5. The maximum credit that a claimant may claim under this subsection for any
8taxable year is $75,000.
AB1124,8,149 6. a. Partnerships, limited liability companies, and tax-option corporations
10may not claim the credit under this subsection, but the eligibility for, and the amount
11of, the credit are based on the amounts paid under par. (b). A partnership, limited
12liability company, or tax-option corporation shall compute the amount of credit that
13each of its partners, members, or shareholders may claim and shall provide that
14information to each of them.
AB1124,8,1815 b. In order to claim the credit computed under par. (b) 1., partners, members
16of limited liability companies, and shareholders of tax-option corporations shall
17meet the requirements under s. 93.521 (2) and claim the credit in proportion to their
18ownership interests.
AB1124,8,2119 (d) Administration. 1. Subsection (4) (e), (g), and (h), to the extent that it
20applies to the credit under that subsection, applies to the credit under this
21subsection.
AB1124,9,222 2. If the allowable amount of the claim under this subsection exceeds the
23income taxes otherwise due on the claimant's income, the amount of the claim not
24used as an offset against those taxes shall be certified by the department of revenue

1to the department of administration for payment to the claimant by check, share
2draft, or other draft from the appropriation under s. 20.835 (2) (dp).
AB1124,8 3Section 8. 71.30 (3) (f) of the statutes is amended to read:
AB1124,9,94 71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
5credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
6and information technology manufacturing zone credit under s. 71.28 (3wm),
7business development credit under s. 71.28 (3y), research credit under s. 71.28 (4) (k)
81., beginning farmer and farm asset owner tax credit under s. 71.28 (8s), and
9estimated tax payments under s. 71.29.
AB1124,9 10Section 9. 71.34 (1k) (g) of the statutes is amended to read:
AB1124,9,1411 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
12corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
13(3wm), (3y), (4), (5), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8s), and (10) and passed
14through to shareholders.
AB1124,10 15Section 10. 71.45 (2) (a) 10. of the statutes is amended to read:
AB1124,9,2216 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
17computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5e), (5g), (5i),
18(5j), (5k), (5r), (5rm), (6n), (8s), and (10) and not passed through by a partnership,
19limited liability company, or tax-option corporation that has added that amount to
20the partnership's, limited liability company's, or tax-option corporation's income
21under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47
22(3), (3t), (4), (4m), and (5).
AB1124,11 23Section 11 . 71.47 (8s) of the statutes is created to read:
AB1124,9,2524 71.47 (8s) Beginning farmer and farm asset owner tax credit. (a) Definitions.
25In this subsection:
AB1124,10,2
11. “Agricultural assets" means agricultural land or machinery, equipment,
2facilities, or livestock that is used in farming.
AB1124,10,33 2. “Agricultural land” has the meaning given in s. 70.32 (2) (c) 1g.
AB1124,10,54 3. “Asset owner" means a person who meets the conditions specified in s. 93.521
5(3).
AB1124,10,76 4. “Beginning farmer" means a person who meets the conditions specified in s.
793.521 (2).
AB1124,10,108 5. “Claimant" means a beginning farmer who files a claim under this subsection
9or an asset owner who files a claim under this subsection, except that, for a beginning
10farmer, “claimant” means the following:
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