SB803: Bill Text

Note: Sections 62 and 63 repeal, from the list of subtractions for individual income tax, amounts of income or compensation received for services performed for Operation Desert Shield or Operation Desert Storm. Section 127 deletes a statute that is obsolete after the repeal of the statutes in Sections 62 and 63 .

SB803,63 Section 63 . 71.05 (6) (b) 14. of the statutes is repealed.

SB803,64 Section 64. 71.05 (6) (b) 17. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 1994.

SB803,65 Section 65. 71.05 (6) (b) 18. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 1995.

SB803,66 Section 66 . 71.05 (6) (b) 19. (title) of the statutes is created to read:

SB803,15,11 71.05 (6) (b) 19. (title) `Medical care insurance of self-employed.'

SB803,67 Section 67. 71.05 (6) (b) 20. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2006.

SB803,68 Section 68 . 71.05 (6) (b) 21. (title) of the statutes is created to read:

SB803,15,14 71.05 (6) (b) 21. (title) `Social security benefits.'

SB803,69 Section 69. 71.05 (6) (b) 22. (title) of the statutes is created to read:

SB803,15,16 71.05 (6) (b) 22. (title) `Adoption fees.'

SB803,70 Section 70. 71.05 (6) (b) 23. (title) of the statutes is created to read:

SB803,15,18 71.05 (6) (b) 23. (title) `Tuition unit.'

SB803,71 Section 71. 71.05 (6) (b) 25. (title) of the statutes is created to read:

SB803,16,1 71.05 (6) (b) 25. (title) `Business assets and assets used in farming.'

SB803,72 Section 72. 71.05 (6) (b) 26. (title) of the statutes is created to read:

SB803,16,3 71.05 (6) (b) 26. (title) `Long-term care insurance.'

SB803,73 Section 73. 71.05 (6) (b) 28. (title) of the statutes is created to read:

SB803,16,5 71.05 (6) (b) 28. (title) `Tuition and fee expenses.'

SB803,74 Section 74. 71.05 (6) (b) 29. (title) of the statutes is created to read:

SB803,16,7 71.05 (6) (b) 29. (title) `Repayment of income previously taxed.'

SB803,75 Section 75. 71.05 (6) (b) 30. (title) of the statutes is created to read:

SB803,16,9 71.05 (6) (b) 30. (title) `Persecution settlements.'

SB803,76 Section 76. 71.05 (6) (b) 31. (title) of the statutes is created to read:

SB803,16,11 71.05 (6) (b) 31. (title) `College savings account earnings.'

SB803,77 Section 77. 71.05 (6) (b) 32. (title) of the statutes is created to read:

SB803,16,13 71.05 (6) (b) 32. (title) `College savings account contribution.'

SB803,78 Section 78. 71.05 (6) (b) 32m. (title) of the statutes is created to read:

SB803,16,15 71.05 (6) (b) 32m. (title) `College savings account rollover contribution.'

SB803,79 Section 79. 71.05 (6) (b) 33. (title) of the statutes is created to read:

SB803,16,17 71.05 (6) (b) 33. (title) `College tuition and expenses program contribution.'

SB803,80 Section 80. 71.05 (6) (b) 34. (title) of the statutes is created to read:

SB803,16,19 71.05 (6) (b) 34. (title) `Basic, special, and incentive pay of reservists.'

SB803,81 Section 81 . 71.05 (6) (b) 35. (title) of the statutes is created to read:

SB803,16,21 71.05 (6) (b) 35. (title) `Medical care insurance; employer pays no amount.'

SB803,82 Section 82. 71.05 (6) (b) 36. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2008.

SB803,83 Section 83. 71.05 (6) (b) 37. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2011.

SB803,84 Section 84 . 71.05 (6) (b) 38. (title) of the statutes is created to read:

SB803,17,2 71.05 (6) (b) 38. (title) `Medical care insurance of unemployed.'

SB803,85 Section 85. 71.05 (6) (b) 39. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2011.

SB803,86 Section 86. 71.05 (6) (b) 40. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2012.

SB803,87 Section 87. 71.05 (6) (b) 41. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2013.

SB803,88 Section 88 . 71.05 (6) (b) 42. (title) of the statutes is created to read:

SB803,17,7 71.05 (6) (b) 42. (title) `Medical care insurance; employer pays portion of cost.'

SB803,89 Section 89 . 71.05 (6) (b) 43. (title) of the statutes is created to read:

SB803,17,9 71.05 (6) (b) 43. (title) `Household and dependent care expenses.'

SB803,90 Section 90. 71.05 (6) (b) 44. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that end before January 1, 2015.

SB803,91 Section 91 . 71.05 (6) (b) 45. (title) of the statutes is created to read:

SB803,17,12 71.05 (6) (b) 45. (title) `Related entities.'

SB803,92 Section 92 . 71.05 (6) (b) 46. (title) of the statutes is created to read:

SB803,17,14 71.05 (6) (b) 46. (title) `Related entities unable to offset amount.'

SB803,93 Section 93. 71.05 (6) (b) 47. of the statutes, as affected by 2019 Wisconsin Act 54, is repealed.

Note: This Section repeals a statute that is obsolete because it applies to taxable years that begin before January 1, 2014. Section 124 deletes a statute that is obsolete after the repeal of the statute in this Section.

SB803,94 Section 94. 71.05 (6) (b) 47m. of the statutes is repealed.

Note: This Section repeals a statute that is obsolete because it does not apply to taxable years that begin after December 31, 2014.

SB803,95 Section 95 . 71.05 (6) (b) 48. (title) of the statutes is created to read:

SB803,18,3 71.05 (6) (b) 48. (title) `Combat zone related death; basic, special, or incentive pay.'

SB803,96 Section 96. 71.05 (6) (b) 48m. (title) of the statutes is created to read:

SB803,18,5 71.05 (6) (b) 48m. (title) `Combat zone related death; other income.'

SB803,97 Section 97. 71.05 (6) (b) 49. (title) of the statutes is created to read:

SB803,18,7 71.05 (6) (b) 49. (title) `Private school tuition.'

SB803,98 Section 98. 71.05 (6) (b) 50. (title) of the statutes is created to read:

SB803,18,9 71.05 (6) (b) 50. (title) `Federal and Wisconsin basis difference.'

SB803,99 Section 99. 71.05 (6) (b) 51. (title) of the statutes is created to read:

SB803,18,11 71.05 (6) (b) 51. (title) `Physician or psychiatrist grant.'

SB803,100 Section 100. 71.05 (6) (b) 52. (title) of the statutes is created to read:

SB803,18,13 71.05 (6) (b) 52. (title) `ABLE account contribution.'

SB803,101 Section 101 . 71.05 (6) (b) 53. (title) of the statutes is created to read:

SB803,18,16 71.05 (6) (b) 53. (title) `Olympic, Paralympic, or Special Olympic medals and payments.'

SB803,102 Section 102. 71.05 (22) (f) 1. of the statutes is repealed.

SB803,103 Section 103. 71.05 (22) (f) 2. of the statutes is repealed.

SB803,104 Section 104. 71.05 (22) (f) 3. of the statutes is repealed.

SB803,105 Section 105 . 71.07 (5) (a) 15. of the statutes is amended to read:

SB803,19,3 71.07 (5) (a) 15. The amount claimed as a deduction for medical care insurance under section 213 of the Internal Revenue Code that is exempt from taxation under s. 71.05 (6) (b) 17. to 20. 19., 35., 36., 37., 38., 39., 40., 41., and 42. and the amount claimed as a deduction for a long-term care insurance policy under section 213 (d) (1) (D) of the Internal Revenue Code, as defined in section 7702B (b) of the Internal Revenue Code that is exempt from taxation under s. 71.05 (6) (b) 26.

Note: This Section deletes cross-references to statutes that are repealed by this bill.

SB803,106 Section 106. 71.07 (6) (am) 1. of the statutes is amended to read:

SB803,20,7 71.07 (6) (am) 1. In this paragraph For purposes of subd. 1m., “earned income" means qualified earned income, as defined in section 221 (b) of the internal revenue code as amended to December 31, 1985, plus employee business expenses under section 62 (2) (B) to (D) of that code, allocable to Wisconsin under s. 71.04, plus amounts received by the individual for services performed in the employ of the individual's spouse minus the amount of disability income excluded under s. 71.05 (6) (b) 4. and minus any other amount not subject to tax under this chapter wages, salaries, or professional fees, and other amounts received as compensation for personal services actually rendered, but does not include that part of the compensation derived by the taxpayer for personal services rendered by him or her to a corporation which represents a distribution of earnings or profits rather than a reasonable allowance as compensation for the personal services actually rendered. In the case of a taxpayer engaged in a trade or business in which both personal services and capital are material income-producing factors, under federal regulations, a reasonable allowance as compensation for the personal services rendered by the taxpayer shall be considered as earned income. Earned income does not include any amount not included in gross income, received as a pension or annuity, paid or distributed out of an individual retirement plan (within the meaning of section 7701 (a) (37) of the Internal Revenue Code), received as deferred compensation, or received for services, not in the course of the employer's trade or business, or domestic service in a private home of the employer, performed by an individual in the employ of his or her spouse. Earned income is computed notwithstanding the fact that each spouse owns an undivided one-half interest in the whole of the marital property. A marital property agreement or unilateral statement under ch. 766 transferring income between spouses has no effect in computing earned income under this paragraph.

Note: This Section incorporates the text of the definition of “earned income” from the Internal Revenue Code.

SB803,107 Section 107. 71.07 (6) (am) 1m. of the statutes is created to read:

SB803,20,16 71.07 (6) (am) 1m. In this paragraph, “qualified earned income” means an amount equal to the excess of the earned income of the spouse for the taxable year, over an amount equal to the sum of the deductions described in paragraphs (1), (2) (B), (C), and (E), (6), (7), and (12) of section 62 (a) of the Internal Revenue Code to the extent such deductions are properly allocable to or chargeable against earned income, allocable to Wisconsin under s. 71.04, minus the amount of disability income excluded under s. 71.05 (6) (b) 4. and minus any other amount not subject to tax under this chapter.