AB68: Bill Text

AB68,1376 Section 1376. 71.47 (3y) (c) 1. of the statutes is renumbered 71.47 (3y) (c) 1. a. and amended to read:

AB68,894,4 71.47 (3y) (c) 1. a. Partnerships Except as provided in subd. 1. b., partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB68,1377 Section 1377. 71.47 (3y) (c) 1. b. of the statutes is created to read:

AB68,894,18 71.47 (3y) (c) 1. b. For taxable years beginning after December 31, 2021, partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the credit results from a contract entered into with the Wisconsin Economic Development Corporation before December 22, 2017. A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 1. b. shall make the election for each taxable year on its original return and may not subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects to claim the credit under this subsection, the partners, members, and shareholders may not claim the credit under this subsection. The credit may not be claimed under this subd. 1. b. if one or more partners, members, or shareholders have claimed the credit under this subsection for the same taxable year for which the credit is claimed under this subd. 1. b.

AB68,1378 Section 1378. 71.47 (4) (k) 1. of the statutes is renumbered 71.47 (4) (k) 1. a. and amended to read:

AB68,895,2 71.47 (4) (k) 1. a. The For taxable years beginning before January 1, 2021, the amount of the claim not used to offset the tax due, not to exceed 10 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB68,1379 Section 1379. 71.47 (4) (k) 1. b. of the statutes is created to read:

AB68,895,9 71.47 (4) (k) 1. b. For taxable years beginning after December 31, 2020, the amount of the claim not used to offset the tax due, not to exceed 20 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB68,1380 Section 1380 . 71.47 (4t) of the statutes is created to read:

AB68,895,11 71.47 (4t) Work opportunity tax credit. (a) Definitions. In this subsection:

AB68,895,13 1. “Claimant” means a person who is an employer of a targeted group member and who files a claim under this subsection.

AB68,895,15 2. “Targeted group member” means an individual who performs services for the claimant in this state and who is a member of a targeted group under 26 USC 51 (d).

AB68,895,18 (b) Filing claims. For taxable years beginning after December 31, 2020, a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of the tax, the following amounts:

AB68,895,21 1. An amount equal to 20 percent of the qualified first-year wages, as defined in 26 USC 51 (b) (2), paid during the taxable year to a targeted group member who has performed at least 400 hours of services for the claimant in this state.

AB68,895,25 2. An amount equal to 12.5 percent of the qualified first-year wages, as defined in 26 USC 51 (b) (2), paid during the taxable year to a targeted group member who has performed at least 120 hours, but less than 400 hours, of services for the claimant in this state.

AB68,896,4 3. An amount equal to 25 percent of the qualified second-year wages, as defined in 26 USC 51 (e) (2), paid during the taxable year to a long-term family assistance recipient, as defined in 26 USC 51 (d) (10), who has performed at least 400 hours of services for the claimant in this state.

AB68,896,7 (c) Limitations. 1. The wages for which a credit may be claimed under par. (b) may not exceed the applicable threshold in 26 USC 51 (b) (3), (d) (7) (B) (ii), or (e) (1) (B) and may not be paid for services performed outside this state.

AB68,896,9 2. A credit under this subsection shall be claimed at the same time as the credit under 26 USC 51.

AB68,896,11 3. The requirements and limitations in 26 USC 51 (d) (13), (f), (i), and (k) shall apply to the credit under this subsection.

AB68,896,18 4. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of the wages under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. The partners, members, and shareholders may claim the credit in proportion to their ownership interests.

AB68,896,20 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB68,1381 Section 1381. 71.47 (8b) (a) 5. of the statutes is amended to read:

AB68,897,2 71.47 (8b) (a) 5. “Credit period” means the period of 6 10 taxable years beginning with the taxable year in which a qualified development is placed in service. For purposes of this subdivision, if a qualified development consists of more than one building, the qualified development is placed in service in the taxable year in which the last building of the qualified development is placed in service.

AB68,1382 Section 1382. 71.47 (8b) (a) 7. of the statutes is amended to read:

AB68,897,13 71.47 (8b) (a) 7. “Qualified development” means a qualified low-income housing project under section 42 (g) of the Internal Revenue Code that is financed with tax-exempt bonds, pursuant to section 42 (i) (2) described in section 42 (h) (4) (A) of the Internal Revenue Code, allocated the credit under section 42 of the Internal Revenue Code, and located in this state; except that the authority may waive, in the qualified allocation plan under section 42 (m) (1) (B) of the Internal Revenue Code, the requirements of tax-exempt bond financing and federal credit allocation to the extent the authority anticipates that sufficient volume cap under section 146 of the Internal Revenue Code will not be available to finance low-income housing projects in any year.

AB68,1383 Section 1383 . 71.49 (1) (ct) of the statutes is created to read:

AB68,897,15 71.49 (1) (ct) Work opportunity tax credit under s. 71.47 (4t).

AB68,1384 Section 1384 . 71.52 (4) of the statutes is amended to read:

AB68,897,18 71.52 (4) “Household" means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB68,1385 Section 1385. 71.54 (1) (g) (intro.) of the statutes is amended to read:

AB68,897,22 71.54 (1) (g) 2012 and thereafter to 2020. (intro.) The amount of any claim filed in 2012 and thereafter to 2020 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB68,1386 Section 1386. 71.54 (1) (g) 4. of the statutes is amended to read:

AB68,898,5 71.54 (1) (g) 4. Except as provided in subds. 5. and 7., for For claims filed in 2018 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year, no credit may be allowed under this paragraph if the claimant has no earned income in the taxable year to which the claim relates unless the claimant is disabled and provides the proof required under subd. 6. or the claimant or the claimant's spouse is over the age of 61 at the close of the year to which the claim relates.

AB68,1387 Section 1387. 71.54 (1) (g) 5. of the statutes is repealed.

AB68,1388 Section 1388. 71.54 (1) (g) 6. (intro.) of the statutes is amended to read:

AB68,898,11 71.54 (1) (g) 6. (intro.) With regard to a claimant who is disabled, the A claimant who is disabled shall provide with his or her return proof that his or her disability is in effect for the taxable year to which the claim relates. Proof of disability may be demonstrated by any of the following:

AB68,1389 Section 1389. 71.54 (1) (g) 7. of the statutes is repealed.

AB68,1390 Section 1390 . 71.54 (1) (h) of the statutes is created to read:

AB68,898,16 71.54 (1) (h) 2021 and thereafter. Subject to sub. (2m), the amount of any claim filed in 2021 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB68,898,19 1. If the household income was $8,060 or less in the year to which the claim relates, the claim is limited to 80 percent of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.

AB68,898,24 2. If the household income was more than $8,060 in the year to which the claim relates, the claim is limited to 80 percent of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 6.655 percent of the household income exceeding $8,060.

AB68,898,25 3. No credit may be allowed if the household income exceeds $30,000.

AB68,899,2 4. Notwithstanding the time limitations described in par. (g) (intro.), the provisions of par. (g) 4. apply to claims filed under this paragraph.

AB68,1391 Section 1391. 71.54 (2) (b) 4. of the statutes is amended to read:

AB68,899,5 71.54 (2) (b) 4. In calendar years 2011 or any subsequent calendar year to 2022, $1,460.

AB68,1392 Section 1392 . 71.54 (2) (b) 5. of the statutes is created to read:

AB68,899,8 71.54 (2) (b) 5. Subject to sub. (2m), in calendar year 2023 or any subsequent calendar year, $1,460.

AB68,1393 Section 1393. 71.54 (2m) of the statutes is amended to read:

AB68,900,2 71.54 (2m) Indexing for inflation; 2010 2023 and thereafter. (a) For calendar years beginning after December 31, 2009, and before January 1, 2011 2022, the dollar amounts of the threshold income under sub. (1) (f) (h) 1. and 2., the maximum household income under sub. (1) (f) (h) 3., and the maximum property taxes under sub. (2) (b) 3. 5. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for the month of August of the year before the previous year through the month of July of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for August 2007 2020 through July 2008 2021, as determined by the federal department of labor, except that the adjustment may occur only if the percentage is a positive number. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

AB68,900,8 (b) The department of revenue shall annually adjust the slope under sub. (1) (f) (h) 2. such so that, as a claimant's income increases from the threshold income as calculated adjusted under par. (a), to an amount that exceeds the maximum household income as calculated adjusted under par. (a), the credit that may be claimed is reduced to $0, and the department of revenue shall incorporate the changes into the income tax forms and instructions.

AB68,1394 Section 1394. 71.78 (4) (m) of the statutes is amended to read:

AB68,900,13 71.78 (4) (m) The chief executive officer of the Wisconsin Economic Development Corporation and employees of the corporation to the extent necessary to administer the development zone program economic development programs under subch. II of ch. 238.

AB68,1395 Section 1395. 71.78 (5) of the statutes is amended to read:

AB68,900,19 71.78 (5) Agreement with department. Copies of returns and claims specified in sub. (1) and related schedules, exhibits, writings or audit reports shall not be furnished to the persons listed under sub. (4), except persons under sub. (4) (e), (k), (n), (o) and (q) or under an agreement between the department of revenue and another agency of government or the Wisconsin Economic Development Corporation.

AB68,1396 Section 1396. 71.80 (25) (a) of the statutes is renumbered 71.80 (25) and amended to read:

AB68,901,2 71.80 (25) Net operating and business loss carry-forward and carry-back. No offset of Wisconsin income may be made under s. 71.05 (8) (b) 1., 71.26 (4) (a), or 71.45 (4) (a) unless the incurred loss was computed on a return that was filed within 4 years of the unextended due date for filing the original return for the taxable year in which the loss was incurred.

AB68,1397 Section 1397. 71.80 (25) (b) of the statutes is repealed.

AB68,1398 Section 1398 . 71.83 (1) (a) 8. of the statutes is amended to read:

AB68,901,11 71.83 (1) (a) 8. `Joint return replacing separate returns.' If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25 percent of the total amount of that excess shall be added to the tax.

AB68,1399 Section 1399 . 71.83 (1) (b) 5. of the statutes is amended to read:

AB68,901,18 71.83 (1) (b) 5. `Joint return after separate returns.' If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50 percent of the total amount of that excess shall be added to the tax.

AB68,1400 Section 1400 . 71.83 (1) (ch) of the statutes is created to read:

AB68,902,2 71.83 (1) (ch) First-time homebuyer savings account withdrawals. If an account holder, as defined under s. 71.10 (10) (a) 1., or an account holder's estate is required to add any amount to federal adjusted gross income under s. 71.05 (6) (a) 30., the account holder or the account holder's estate shall also pay an amount equal to 10 percent of the amount that is added to income under s. 71.05 (6) (a) 30. The department of revenue shall assess, levy, and collect the penalty under this paragraph as it assesses, levies, and collects taxes under this chapter.

AB68,1401 Section 1401. 71.98 (10) of the statutes is created to read:

AB68,902,6 71.98 (10) Federal Tax Cuts and Jobs Act. For taxable years beginning after December 31, 2020, sections 11012, 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, and 13601 of P.L. 115-97.

AB68,1402 Section 1402. 71.98 (11) of the statutes is created to read:

AB68,902,10 71.98 (11) Qualified tuition programs. For taxable years beginning after December 31, 2018, sections 221 (e) (1) and 529 of the federal Internal Revenue Code in effect for federal purposes, relating to qualified tuition programs.

AB68,1403 Section 1403. 73.03 (73) (f) 1. of the statutes is amended to read:

AB68,902,16 73.03 (73) (f) 1. Subject to subd. 2., for taxable years beginning after December 31, 2020, the department shall make the pilot program described under par. (b) permanent and applicable to all eligible claimants of the earned income tax credit under s. 71.07 (9e) (aj) (ak), based on the specifications described under pars. (b) and (c) 2.

AB68,1404 Section 1404. 73.17 of the statutes is created to read:

AB68,902,19 73.17 Medical marijuana registry program. (1) Definitions. In this section:

AB68,902,20 (a) “Debilitating medical condition or treatment” means any of the following:

AB68,903,2 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

AB68,903,6 2. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

AB68,903,7 (b) “Department” means the department of revenue.

AB68,903,8 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

AB68,903,11 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years

AB68,903,13 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

AB68,903,14 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

AB68,903,16 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

AB68,903,20 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of usable marijuana would likely outweigh the health risks for the person.

AB68,903,24 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person's medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship

AB68,904,2 3. The statement is signed by the physician or is contained in the person's medical records.

AB68,904,4 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

AB68,904,7 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

AB68,904,8 (a) His or her name, address, and date of birth.

AB68,904,9 (b) A written certification.

AB68,904,11 (c) The name, address, and telephone number of the person's current physician, as listed in the written certification.

AB68,904,16 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.