February 11, 2021 - Introduced by Senators Agard,
Ringhand, Jacque, Roys, Smith
and Wirch, cosponsored by Representatives McGuire, Vining,
Hong,
Anderson, Andraca, Baldeh, Billings, Bowen, Brostoff, Cabrera,
Considine, Doyle, Drake, Emerson, Hebl, Milroy, S. Rodriguez, Shankland,
Shelton, Spreitzer, Stubbs, Vruwink and Sinicki. Referred to Committee on
Financial Institutions and Revenue.
SB97,1,4
1An Act to renumber and amend 71.26 (3) (ag);
to amend 71.26 (3) (L); and
to
2create 71.05 (1) (h), 71.26 (3) (ag) 2., 71.34 (1k) (af), 71.45 (1) (d) and 71.45 (2)
3(a) 22. of the statutes;
relating to: excluding from income grants received from
4the federal coronavirus relief fund.
Analysis by the Legislative Reference Bureau
The bill excludes from income for state tax purposes all income received in the
form of a grant issued by the state with moneys received from the federal coronavirus
relief fund. In addition, the bill provides that amounts otherwise deductible for state
income tax purposes that are paid directly or indirectly with the grant money are also
deductible.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
SB97,1
5Section 1
. 71.05 (1) (h) of the statutes is created to read:
SB97,2,5
171.05
(1) (h)
Wisconsin grants awarded from the federal coronavirus relief fund.
2Income received in the form of a grant issued by the state with moneys received from
3the coronavirus relief fund authorized under
42 USC 801. Amounts otherwise
4deductible under this chapter that are paid directly or indirectly with the grant
5money are deductible.
SB97,2
6Section 2
. 71.26 (3) (ag) of the statutes is renumbered 71.26 (3) (ag) (intro.)
7and amended to read:
SB97,2,98
71.26
(3) (ag) (intro.) Section 61 (relating to the definition of gross income) is
9modified to exclude
income the following:
SB97,2,15
101. Income received by the original policyholder or original certificate holder
11who has a catastrophic or life-threatening illness or condition from the sale of a life
12insurance policy or certificate, or the sale of the death benefit under a life insurance
13policy or certificate, under a life settlement contract, as defined in s. 632.69 (1) (k).
14In this paragraph, “catastrophic or life-threatening illness or condition" includes
15AIDS, as defined in s. 49.686 (1) (a), and HIV infection, as defined in s. 49.686 (1) (d).
SB97,3
16Section 3
. 71.26 (3) (ag) 2. of the statutes is created to read:
SB97,2,2017
71.26
(3) (ag) 2. Income received in the form of a grant issued by the state with
18moneys received from the coronavirus relief fund authorized under
42 USC 801.
19Amounts otherwise deductible under this chapter that are paid directly or indirectly
20with the grant money are deductible.
SB97,4
21Section 4
. 71.26 (3) (L) of the statutes is amended to read:
SB97,3,1422
71.26
(3) (L) Section 265 is excluded and replaced by the rule that any amount
23otherwise deductible under this chapter that is directly or indirectly related to
24income wholly exempt from taxes imposed by this chapter or to losses from the sale
25or other disposition of assets the gain from which would be exempt under this
1paragraph if the assets were sold or otherwise disposed of at a gain is not deductible.
2In this paragraph, “wholly exempt income", for corporations subject to franchise or
3income taxes, includes amounts received from affiliated or subsidiary corporations
4for interest, dividends or capital gains that, because of the degree of common
5ownership, control or management between the payor and payee, are not subject to
6taxes under this chapter. In this paragraph, “wholly exempt income", for
7corporations subject to income taxation under this chapter, also includes interest on
8obligations of the United States. In this paragraph, “wholly exempt income" does not
9include income excludable, not recognized, exempt or deductible under specific
10provisions of this chapter. If any expense or amount otherwise deductible is
11indirectly related both to wholly exempt income or loss and to other income or loss,
12a reasonable proportion of the expense or amount shall be allocated to each type of
13income or loss, in light of all the facts and circumstances.
This paragraph does not
14apply to the exclusion under par. (ag) 2.
SB97,5
15Section 5
. 71.34 (1k) (af) of the statutes is created to read:
SB97,3,2016
71.34
(1k) (af) Section
61 of the Internal Revenue Code is modified so that
17income received in the form of a grant issued by the state with moneys received from
18the coronavirus relief fund authorized under
42 USC 801 is not taxable income.
19Amounts otherwise deductible under this chapter that are paid directly or indirectly
20with the grant money are deductible.
SB97,6
21Section 6
. 71.45 (1) (d) of the statutes is created to read:
SB97,3,2522
71.45
(1) (d) Income received in the form of a grant issued by the state with
23moneys received from the coronavirus relief fund authorized under
42 USC 801.
24Amounts otherwise deductible under this chapter that are paid directly or indirectly
25with the grant money are deductible.
SB97,7
1Section
7. 71.45 (2) (a) 22. of the statutes is created to read:
SB97,4,62
71.45
(2) (a) 22. By subtracting from federal taxable income, to the extent
3included in federal taxable income, income received in the form of a grant issued by
4the state with moneys received from the coronavirus relief fund authorized under
42
5USC 801. Amounts otherwise deductible under this chapter that are paid directly
6or indirectly with the grant money are deductible.
SB97,8
7Section 8
.
Initial applicability.
SB97,4,108
(1)
Income from grants. The treatment of ss. 71.05 (1) (h), 71.26 (3) (ag) 2. and
9(L), 71.34 (1k) (af), and 71.45 (1) (d) and (2) (a) 22. first applies to taxable years
10beginning after December 31, 2019.