Amendment SSA1-SB720

SB720-SSA1,24,5 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2019.

SB720-SSA1,24,13 4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by section 13516 of P.L. 115-97, sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308, 40309, 40311, 40414, 41101, 41107, 41115, and 41116 of P.L. 115-123, section 101 (a), (b), and (h) of division U of P.L. 115-141, section 1122 of P.L. 116-92, sections 201, 202, and 204 (a) and (b) of division Q of P.L. 116-94, and section 2 of P.L. 116-98 apply for taxable years beginning after December 31, 2019.

SB720-SSA1,52 Section 52 . 71.22 (5g) of the statutes is created to read:

SB720-SSA1,24,16 71.22 (5g) For purposes of s. 71.22 (4) (b) and (4m) (b), 2013 stats., “Internal Revenue Code" includes section 109 of division U of P.L. 115-141.

SB720-SSA1,53 Section 53 . 71.26 (2) (b) 3., 4., 5., 6., 7., 8. and 9. of the statutes are repealed.

SB720-SSA1,54 Section 54 . 71.26 (2) (b) 10. d. of the statutes is amended to read:

SB720-SSA1,25,3 71.26 (2) (b) 10. d. For purposes of subd. 10. a., “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2013, except that “Internal Revenue Code" includes the provisions of P.L. 113-97, P.L. 113-159, P.L. 113-168, section 302901 of P.L. 113-287, sections 171, 172, and 201 to 221 of P.L. 113-295, sections 102, 105, and 207 of division B of P.L. 113-295, P.L. 114-14, P.L. 114-26, section 2004 of P.L. 114-41, sections 503 and 504 of P.L. 114-74, sections 103, 104, 124, 168, 184, 185, 190, 204, 303, 306, 336, and 341 of division Q of P.L. 114-113, and P.L. 114-239, sections 101 (m), (n), (o), (p), and (q) and 104 (a) of division U of P.L. 115-141, and section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,55 Section 55 . 71.26 (2) (b) 11. d. of the statutes is amended to read:

SB720-SSA1,25,10 71.26 (2) (b) 11. d. For purposes of subd. 11. a., “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2016, except that “Internal Revenue Code” includes sections 11024, 11025, and 13543 of P.L. 115-97, sections 40307 and 40413 of P.L. 115-123, and section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,56 Section 56 . 71.26 (2) (b) 12. a. of the statutes is amended to read:

SB720-SSA1,25,20 71.26 (2) (b) 12. a. For taxable years beginning after December 31, 2017, and before January 1, 2020, for a corporation, conduit, or common law trust which qualifies as a regulated investment company, real estate mortgage investment conduit, real estate investment trust, or financial asset securitization investment trust under the Internal Revenue Code, “net income" means the federal regulated investment company taxable income, federal real estate mortgage investment conduit taxable income, federal real estate investment trust or financial asset securitization investment trust taxable income of the corporation, conduit, or trust as determined under the Internal Revenue Code.

SB720-SSA1,57 Section 57 . 71.26 (2) (b) 12. d. of the statutes is amended to read:

SB720-SSA1,26,3 71.26 (2) (b) 12. d. For purposes of subd. 12. a., “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2017, except that “Internal Revenue Code” includes sections 40307 and 40413 of P.L. 115-123; section 1203 of P.L. 116-25; section 102 of division M, sections 108, 110, 111, 115, 116 (a) and (b), 204, 206, 302, and 601 of division O, section 1302 of division P, and sections 131, 202 (d), 204 (c), 205, and 301 of division Q of P.L. 116-94, and section 2 (b) of P.L. 116-98.

SB720-SSA1,58 Section 58 . 71.26 (2) (b) 12. e. of the statutes is amended to read:

SB720-SSA1,26,10 71.26 (2) (b) 12. e. For purposes of subd. 12. a., the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this subdivision, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207, 13306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97 first apply for taxable years beginning after December 31, 2017.

SB720-SSA1,59 Section 59 . 71.26 (2) (b) 13. of the statutes is created to read:

SB720-SSA1,26,19 71.26 (2) (b) 13. a. For taxable years beginning after December 31, 2019, for a corporation, conduit, or common law trust which qualifies as a regulated investment company, real estate mortgage investment conduit, real estate investment trust, or financial asset securitization investment trust under the Internal Revenue Code, “net income" means the federal regulated investment company taxable income, federal real estate mortgage investment conduit taxable income, federal real estate investment trust or financial asset securitization investment trust taxable income of the corporation, conduit, or trust as determined under the Internal Revenue Code.

SB720-SSA1,26,22 b. For purposes of subd. 13. a., “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2019, except as provided in subd. 13. c. and d. and s. 71.98 and subject to subd. 13. e.

SB720-SSA1,27,20 c. For purposes of subd. 13. a., “Internal Revenue Code" does not include the following provisions of federal public laws for taxable years beginning after December 31, 2019: section 13113 of P.L. 103-66; sections 1, 3, 4, and 5 of P.L. 106-519; sections 101, 102, and 422 of P.L. 108-357; sections 1310 and 1351 of P.L. 109-58; section 11146 of P.L. 109-59; section 403 (q) of P.L. 109-135; section 513 of P.L. 109-222; sections 104 and 307 of P.L. 109-432; sections 8233 and 8235 of P.L. 110-28; section 11 (e) and (g) of P.L. 110-172; section 301 of P.L. 110-245; section 15351 of P.L. 110-246; section 302 of division A, section 401 of division B, and sections 312, 322, 502 (c), 707, and 801 of division C of P.L. 110-343; sections 1232, 1241, 1251, 1501, and 1502 of division B of P.L. 111-5; sections 211, 212, 213, 214, and 216 of P.L. 111-226; sections 2011 and 2122 of P.L. 111-240; sections 753, 754, and 760 of P.L. 111-312; section 1106 of P.L. 112-95; sections 104, 318, 322, 323, 324, 326, 327, and 411 of P.L. 112-240; P.L. 114-7; section 1101 of P.L. 114-74; section 305 of division P of P.L. 114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to 171, 189, 191, 307, 326, and 411 of division Q of P.L. 114-113; sections 11011, 11012, 13201 (a) to (e) and (g), 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, 13601, 13801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213, 14214, 14215, 14221, 14222, 14301, 14302, 14304, and 14401 of P.L. 115-97; sections 40304, 40305, 40306, and 40412 of P.L. 115-123; section 101 (c) of division T of P.L. 115-141; sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and (195), (b) (13), (17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of division U of P.L. 115-141; and section 301 of division O and sections 101, 102, 103, 104, 114, 115, 116, 117, 118, 130, 132, and 145 of division Q of P.L. 116-94.

SB720-SSA1,27,22 d. For purposes of subd. 13. a., “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2019.

SB720-SSA1,28,5 e. For purposes of subd. 13. a., the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this subdivision, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by section 13516 of P.L. 115-97, sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308, 40309, 40311, 40414, 41101, 41107, 41115, and 41116 of P.L. 115-123, section 101 (a), (b), and (h) of division U of P.L. 115-141, section 1122 of P.L. 116-92, sections 201, 202, and 204 (a) and (b) of division Q of P.L. 116-94, and section 2 of P.L. 116-98 apply for taxable years beginning after December 31, 2019.

SB720-SSA1,60 Section 60 . 71.26 (2) (b) 14. of the statutes is created to read:

SB720-SSA1,28,8 71.26 (2) (b) 14. For purposes of s. 71.26 (2) (b) 2., 2013 stats., “Internal Revenue Code" includes section 109 of division U of P.L. 115-141.

SB720-SSA1,61 Section 61. 71.28 (6) (h) of the statutes is amended to read:

SB720-SSA1,28,21 71.28 (6) (h) Any person, including a nonprofit entity described in section 501 (c) (3) of the Internal Revenue Code, may sell or otherwise transfer the credit under par. (a) 2m. or 3., in whole or in part, to another person who is subject to the taxes imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the transfer, and submits with the notification a copy of the transfer documents, and the department certifies ownership of the credit with each transfer. The transferor may file a claim for more than one taxable year on a form prescribed by the department to compute all years of the credit under par. (a) 2m. or 3., at the time of the transfer request. The transferee may first use the credit to offset tax in the taxable year of the transferor in which the transfer occurs, and may use the credit only to offset tax in taxable years otherwise allowed to be claimed and carried forward by the original claimant.

SB720-SSA1,62 Section 62 . 71.34 (1g) (c), (d), (e), (f), (g), (h) and (i) of the statutes are repealed.

SB720-SSA1,63 Section 63 . 71.34 (1g) (j) 3. m. of the statutes is created to read:

SB720-SSA1,28,25 71.34 (1g) (j) 3. m. Sections 101 (m), (n), (o), (p), and (q) and 104 (a) of division U of P.L. 115-141.

SB720-SSA1,64 Section 64. 71.34 (1g) (j) 3. n. of the statutes is created to read:

SB720-SSA1,29,3 71.34 (1g) (j) 3. n. Section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,65 Section 65 . 71.34 (1g) (k) 3. of the statutes is amended to read:

SB720-SSA1,29,10 71.34 (1g) (k) 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2016, except that “Internal Revenue Code” includes sections 11024, 11025, and 13543 of P.L. 115-97, sections 40307 and 40413 of P.L. 115-123, and section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,66 Section 66 . 71.34 (1g) (L) 1. of the statutes is amended to read:

SB720-SSA1,29,15 71.34 (1g) (L) 1. For taxable years beginning after December 31, 2017, and before January 1, 2020, for tax option corporations, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2017, except as provided in subds. 2., 3., and 5. and s. 71.98 and subject to subd. 4.

SB720-SSA1,67 Section 67 . 71.34 (1g) (L) 3. of the statutes is amended to read:

SB720-SSA1,29,23 71.34 (1g) (L) 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2017, except that “Internal Revenue Code” includes sections 40307 and 40413 of P.L. 115-123; section 1203 of P.L. 116-25; section 102 of division M, sections 108, 110, 111, 115, 116 (a) and (b), 204, 206, 302, and 601 of division O, section 1302 of division P, and sections 131, 202 (d), 204 (c), 205, and 301 of division Q of P.L. 116-94, and section 2 (b) of P.L. 116-98.

SB720-SSA1,68 Section 68 . 71.34 (1g) (L) 4. of the statutes is amended to read:

SB720-SSA1,30,6 71.34 (1g) (L) 4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207, 13306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97 first apply for taxable years beginning after December 31, 2017.

SB720-SSA1,69 Section 69 . 71.34 (1g) (m) of the statutes is created to read:

SB720-SSA1,30,11 71.34 (1g) (m) 1. For taxable years beginning after December 31, 2019, for tax option corporations, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2019, except as provided in subds. 2., 3., and 5. and s. 71.98 and subject to subd. 4.

SB720-SSA1,31,9 2. For purposes of this paragraph, “Internal Revenue Code" does not include the following provisions of federal public laws for taxable years beginning after December 31, 2019: section 13113 of P.L. 103-66; sections 1, 3, 4, and 5 of P.L. 106-519; sections 101, 102, and 422 of P.L. 108-357; sections 1310 and 1351 of P.L. 109-58; section 11146 of P.L. 109-59; section 403 (q) of P.L. 109-135; section 513 of P.L. 109-222; sections 104 and 307 of P.L. 109-432; sections 8233 and 8235 of P.L. 110-28; section 11 (e) and (g) of P.L. 110-172; section 301 of P.L. 110-245; section 15351 of P.L. 110-246; section 302 of division A, section 401 of division B, and sections 312, 322, 502 (c), 707, and 801 of division C of P.L. 110-343; sections 1232, 1241, 1251, 1501, and 1502 of division B of P.L. 111-5; sections 211, 212, 213, 214, and 216 of P.L. 111-226; sections 2011 and 2122 of P.L. 111-240; sections 753, 754, and 760 of P.L. 111-312; section 1106 of P.L. 112-95; sections 104, 318, 322, 323, 324, 326, 327, and 411 of P.L. 112-240; P.L. 114-7; section 1101 of P.L. 114-74; section 305 of division P of P.L. 114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to 171, 189, 191, 307, 326, and 411 of division Q of P.L. 114-113; sections 11011, 11012, 13201 (a) to (e) and (g), 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, 13601, 13801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213, 14214, 14215, 14221, 14222, 14301, 14302, 14304, and 14401 of P.L. 115-97; sections 40304, 40305, 40306, and 40412 of P.L. 115-123; section 101 (c) of division T of P.L. 115-141; sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and (195), (b) (13), (17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of division U of P.L. 115-141; and section 301 of division O and sections 101, 102, 103, 104, 114, 115, 116, 117, 118, 130, 132, and 145 of division Q of P.L. 116-94.

SB720-SSA1,31,11 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2019.

SB720-SSA1,31,19 4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by section 13516 of P.L. 115-97, sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308, 40309, 40311, 40414, 41101, 41107, 41115, and 41116 of P.L. 115-123, section 101 (a), (b), and (h) of division U of P.L. 115-141, section 1122 of P.L. 116-92, sections 201, 202, and 204 (a) and (b) of division Q of P.L. 116-94, and section 2 of P.L. 116-98 apply for taxable years beginning after December 31, 2019.

SB720-SSA1,31,23 5. For purposes of this paragraph, section 1366 (f) of the Internal Revenue Code (relating to pass-through of items to shareholders) is modified by substituting the tax under s. 71.35 for the taxes under sections 1374 and 1375 of the Internal Revenue Code.

SB720-SSA1,70 Section 70 . 71.34 (1u) of the statutes is created to read:

SB720-SSA1,32,2 71.34 (1u) For purposes of s. 71.34 (1g) (b), 2013 stats., “Internal Revenue Code" includes section 109 of division U of P.L. 115-141.

SB720-SSA1,71 Section 71 . 71.42 (2) (c), (d), (e), (f), (g), (h) and (i) of the statutes are repealed.

SB720-SSA1,72 Section 72 . 71.42 (2) (j) 3. m. of the statutes is created to read:

SB720-SSA1,32,6 71.42 (2) (j) 3. m. Sections 101 (m), (n), (o), (p), and (q) and 104 (a) of division U of P.L. 115-141.

SB720-SSA1,73 Section 73 . 71.42 (2) (j) 3. n. of the statutes is created to read:

SB720-SSA1,32,9 71.42 (2) (j) 3. n. Section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,74 Section 74 . 71.42 (2) (k) 3. of the statutes is amended to read:

SB720-SSA1,32,16 71.42 (2) (k) 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2016, except that “Internal Revenue Code” includes sections 11024, 11025, and 13543 of P.L. 115-97, sections 40307 and 40413 of P.L. 115-123, and section 102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.

SB720-SSA1,75 Section 75 . 71.42 (2) (L) 1. of the statutes is amended to read:

SB720-SSA1,32,21 71.42 (2) (L) 1. For taxable years beginning after December 31, 2017, and before January 1, 2020, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2017, except as provided in subds. 2. to 4. and s. 71.98 and subject to subd. 5.

SB720-SSA1,76 Section 76 . 71.42 (2) (L) 3. of the statutes is amended to read:

SB720-SSA1,33,4 71.42 (2) (L) 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2017, except that “Internal Revenue Code” includes sections 40307 and 40413 of P.L. 115-123; section 1203 of P.L. 116-25; section 102 of division M, sections 108, 110, 111, 115, 116 (a) and (b), 204, 206, 302, and 601 of division O, section 1302 of division P, and sections 131, 202 (d), 204 (c), 205, and 301 of division Q of P.L. 116-94, and section 2 (b) of P.L. 116-98.

SB720-SSA1,77 Section 77 . 71.42 (2) (L) 5. of the statutes is amended to read:

SB720-SSA1,33,11 71.42 (2) (L) 5. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207, 13306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97 first apply for taxable years beginning after December 31, 2017.

SB720-SSA1,78 Section 78 . 71.42 (2) (m) of the statutes is created to read:

SB720-SSA1,33,15 71.42 (2) (m) 1. For taxable years beginning after December 31, 2019, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2019, except as provided in subds. 2. and 3. and s. 71.98 and subject to subd. 4.

SB720-SSA1,34,13 2. For purposes of this paragraph, “Internal Revenue Code" does not include the following provisions of federal public laws for taxable years beginning after December 31, 2019: section 13113 of P.L. 103-66; sections 1, 3, 4, and 5 of P.L. 106-519; sections 101, 102, and 422 of P.L. 108-357; sections 1310 and 1351 of P.L. 109-58; section 11146 of P.L. 109-59; section 403 (q) of P.L. 109-135; section 513 of P.L. 109-222; sections 104 and 307 of P.L. 109-432; sections 8233 and 8235 of P.L. 110-28; section 11 (e) and (g) of P.L. 110-172; section 301 of P.L. 110-245; section 15351 of P.L. 110-246; section 302 of division A, section 401 of division B, and sections 312, 322, 502 (c), 707, and 801 of division C of P.L. 110-343; sections 1232, 1241, 1251, 1501, and 1502 of division B of P.L. 111-5; sections 211, 212, 213, 214, and 216 of P.L. 111-226; sections 2011 and 2122 of P.L. 111-240; sections 753, 754, and 760 of P.L. 111-312; section 1106 of P.L. 112-95; sections 104, 318, 322, 323, 324, 326, 327, and 411 of P.L. 112-240; P.L. 114-7; section 1101 of P.L. 114-74; section 305 of division P of P.L. 114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to 171, 189, 191, 307, 326, and 411 of division Q of P.L. 114-113; sections 11011, 11012, 13201 (a) to (e) and (g), 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, 13601, 13801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213, 14214, 14215, 14221, 14222, 14301, 14302, 14304, and 14401 of P.L. 115-97; sections 40304, 40305, 40306, and 40412 of P.L. 115-123; section 101 (c) of division T of P.L. 115-141; sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and (195), (b) (13), (17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of division U of P.L. 115-141; and section 301 of division O and sections 101, 102, 103, 104, 114, 115, 116, 117, 118, 130, 132, and 145 of division Q of P.L. 116-94.

SB720-SSA1,34,15 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2019.

SB720-SSA1,34,23 4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by section 13516 of P.L. 115-97, sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308, 40309, 40311, 40414, 41101, 41107, 41115, and 41116 of P.L. 115-123, section 101 (a), (b), and (h) of division U of P.L. 115-141, section 1122 of P.L. 116-92, sections 201, 202, and 204 (a) and (b) of division Q of P.L. 116-94, and section 2 of P.L. 116-98 apply for taxable years beginning after December 31, 2019.

SB720-SSA1,79 Section 79 . 71.42 (2p) of the statutes is created to read:

SB720-SSA1,35,2 71.42 (2p) For purposes of s. 71.42 (2) (b), 2013 stats., “Internal Revenue Code" includes section 109 of division U of P.L. 115-141.

SB720-SSA1,80 Section 80. 71.47 (6) (h) of the statutes is amended to read:

SB720-SSA1,35,15 71.47 (6) (h) Any person, including a nonprofit entity described in section 501 (c) (3) of the Internal Revenue Code, may sell or otherwise transfer the credit under par. (a) 2m. or 3., in whole or in part, to another person who is subject to the taxes imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the transfer, and submits with the notification a copy of the transfer documents, and the department certifies ownership of the credit with each transfer. The transferor may file a claim for more than one taxable year on a form prescribed by the department to compute all years of the credit under par. (a) 2m. or 3., at the time of the transfer request. The transferee may first use the credit to offset tax in the taxable year of the transferor in which the transfer occurs, and may use the credit only to offset tax in taxable years otherwise allowed to be claimed and carried forward by the original claimant.

SB720-SSA1,81 Section 81. 71.52 (1g) of the statutes is created to read:

SB720-SSA1,35,25 71.52 (1g) “Earned income” means wages, salaries, tips, and other employee compensation that may be included in federal adjusted gross income for the taxable year, plus the amount of the claimant's net earnings from self-employment for the taxable year determined with regard to the deduction allowed to the taxpayer by section 164 (f) of the Internal Revenue Code. For purposes of this subsection, a claimant's earned income is computed without regard to any marital property laws and a claimant may elect to treat amounts excluded from federal adjusted gross income as earned income, as provided under section 112 of the Internal Revenue Code. “Earned income” does not include the following:

SB720-SSA1,36,1 (a) Any amount received as a pension or annuity.

SB720-SSA1,36,2 (b) Any amount to which section 871 (a) of the Internal Revenue Code applies.

SB720-SSA1,36,4 (c) Any amount received for services provided by an individual while the individual is an inmate at a penal institution.

SB720-SSA1,36,9 (d) Any amount received for service performed in work activities under paragraphs (4) or (7) of section 407 (d) of the Social Security Act to which the claimant is assigned under any state program under part A of title IV of the Social Security Act. This paragraph applies only to amounts subsidized under any such state program.

SB720-SSA1,82 Section 82. 71.55 (10) of the statutes is amended to read:

SB720-SSA1,36,19 71.55 (10) Farmers. Notwithstanding the provision in s. 71.52 (6) that requires the addition of certain disqualified losses to income, such an addition may not be made by a claimant who is a farmer whose primary income is from farming and whose farming generates less than $250,000 in gross receipts from the operation of farm premises in the year to which the claim relates. For purposes of this subsection, a claimant's primary income is from farming if the claimant's gross income from farming for the year to which the claim relates is greater than 50 percent of the claimant's total gross income from all sources for the year to which the claim relates. In this subsection, “gross income” has the meaning given in s. 71.03 (1).

SB720-SSA1,83 Section 83. 71.76 of the statutes is renumbered 71.76 (1) and amended to read:

SB720-SSA1,37,13 71.76 (1) If for any year the amount of federal net income tax payable, of a credit claimed or carried forward, of a net operating loss carried forward or of a capital loss carried forward of any taxpayer as reported to the internal revenue service is changed or corrected by the internal revenue service or other officer of the United States, such taxpayer shall report such changes or corrections to the department within 90 180 days after its final determination and shall concede the accuracy of such determination or state how the determination is erroneous. Such changes or corrections need not be reported unless they affect the amount of net tax payable under this chapter, of a credit calculated under this chapter, of a Wisconsin net operating loss carried forward, of a Wisconsin net business loss carried forward or of a capital loss carried forward under this chapter. Any taxpayer submitting an amended return to the internal revenue service, or to another state if there has been allowed a credit against Wisconsin taxes for taxes paid to that state, shall also file, within 90 180 days of such filing date, an amended return if any information contained on the amended return affects the amount of net tax payable under this chapter of a credit calculated under this chapter, of a Wisconsin net operating loss carried forward, of a Wisconsin net business loss carried forward or of a capital loss carried forward under this chapter.

SB720-SSA1,84 Section 84 . 71.76 (2) of the statutes is created to read:

SB720-SSA1,37,22 71.76 (2) In the case of any partnership adjustments, as defined under section 6241 of the Internal Revenue Code and including adjustments under section 6225 of the Internal Revenue Code, the partnership and its partners shall report such changes or corrections to the department within 180 days after the department's final determination and shall concede the accuracy of such determination or state how the determination is erroneous. The partnership and its partners shall submit amended returns, as applicable, for each reviewed year, as defined under section 6225 of the Internal Revenue Code, to which such partnership adjustments relate.

SB720-SSA1,85 Section 85. 71.77 (7) (b) of the statutes is amended to read:

SB720-SSA1,38,5 71.77 (7) (b) If notice of assessment or refund is given to the taxpayer within 90 180 days of the date on which the department receives a report from the taxpayer under s. 71.76 or within such other period specified in a written agreement entered into prior to the expiration of such 90 180 days by the taxpayer and the department. If the taxpayer does not report to the department as required under s. 71.76, the department may make an assessment against the taxpayer or refund to the taxpayer within 4 years after discovery by the department.

SB720-SSA1,86 Section 86 . 71.83 (1) (a) 6. of the statutes is amended to read:

SB720-SSA1,38,12 71.83 (1) (a) 6. `Retirement plans.' Any natural person who is liable for a penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973, 4974, 4975, or 4980A of the Internal Revenue Code is liable for 33 percent of the federal penalty unless the income received is exempt from taxation under s. 71.05 (1) (a) or (ae) (6) (b) 54. The penalties provided under this subdivision shall be assessed, levied, and collected in the same manner as income or franchise taxes.

SB720-SSA1,87 Section 87. 73.0305 of the statutes is amended to read:

SB720-SSA1,38,20 73.0305 Revenue limits calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June at the superintendent's request, the allowable rate of increase under subch. VII of ch. 121. The allowable rate of increase is the percentage change, if not negative, in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.

SB720-SSA1,88 Section 88. 73.09 (4) (c) of the statutes is amended to read:

SB720-SSA1,39,3 73.09 (4) (c) Recertification is contingent upon submission of an application for renewal, at least 60 days before the expiration date of the current certificate, attesting to the completion of the requirements specified in par. (b). Persons applying for renewal on the basis of attendance at the meetings called by the department under s. 73.06 (1) and by meeting continuing education requirements shall submit a $20 recertification fee, in an amount determined by the department not to exceed $75, with their applications.

SB720-SSA1,89 Section 89. 73.09 (5) of the statutes is amended to read: