Amendment ASA1-AB1033

AB1033-ASA1,8 Section 8 . 71.28 (11) of the statutes is created to read:

AB1033-ASA1,6,19 71.28 (11) Video game production credit. (a) Definitions. In this subsection:

AB1033-ASA1,6,20 1. “Claimant” means a person certified under s. 73.03 (78).

AB1033-ASA1,6,22 2. “Eligible expenditures” means amounts paid by the claimant directly relating to qualifying activities in this state, excluding any of the following:

AB1033-ASA1,6,23 a. Wages.

AB1033-ASA1,6,24 b. Expenditures used to claim another credit under this chapter.

AB1033-ASA1,7,2 c. Amounts paid to a person certified to receive a credit under this subsection or s. 71.07 (11) or 71.47 (11).

AB1033-ASA1,7,5 d. Amounts paid to persons as a result of their participation in profits from video game production, such as commissions, royalties, or profit-sharing agreements.

AB1033-ASA1,7,6 e. Amounts paid for capital expenditures, such as buildings and equipment.

AB1033-ASA1,7,7 f. Amounts paid to purchase a copyright, trademark, or tradename.

AB1033-ASA1,7,8 g. Amounts paid for management or other administrative activities.

AB1033-ASA1,7,9 h. Amounts paid for marketing, promotion, or distribution.

AB1033-ASA1,7,10 i. Amounts paid for food or entertainment.

AB1033-ASA1,7,11 j. Interest paid on loans or other credit arrangements.

AB1033-ASA1,7,13 3. “Eligible wages” means wages paid by the claimant directly relating to qualifying activities in this state.

AB1033-ASA1,7,15 4. “Qualifying activities” means developing, producing, or creating a video game product or platform.

AB1033-ASA1,7,19 5. “Video game product or platform” means an electronic game developed for commercial distribution and entertainment that involves interaction with a user interface to generate visual feedback on a video device. “Video game product or platform” does not include any of the following:

AB1033-ASA1,7,20 a. A product or platform that contains content in violation of s. 944.21.

AB1033-ASA1,7,22 b. A product or platform designed for political, religious, or educational purposes.

AB1033-ASA1,7,23 c. A product or platform regulated under chs. 562 to 569.

AB1033-ASA1,8,3 d. A product or platform designed to provide information about one or more individuals or businesses, such as marketing and promotional websites or microsites.

AB1033-ASA1,8,7 e. A product or platform designed for social media or interpersonal communications, such as podcasting, interactive advertising, journalism, video conferencing, wireless telecommunications, text-based channels, chat rooms, or broadcast or streamed viewing enhancements.

AB1033-ASA1,8,9 f. A product or platform designed to stream linear media such as audio, video, or pictures.

AB1033-ASA1,8,10 g. Small-scale electronic games embedded and used exclusively in advertising.

AB1033-ASA1,8,12 6. “Wages” means wages, as defined in s. 71.63 (6), that are subject to withholding under subch. X and for which a statement under s. 71.65 (1) is furnished.

AB1033-ASA1,8,15 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2023, a claimant may claim as a credit against the tax imposed under s. 71.23 any of the following amounts:

AB1033-ASA1,8,17 1. An amount equal to 30 percent of the eligible wages paid by the person in the taxable year.

AB1033-ASA1,8,19 2. An amount equal to 30 percent of the eligible expenditures incurred by the claimant in the taxable year.

AB1033-ASA1,8,23 (c) Limitations. 1. No credit may be allowed under this subsection unless the claimant files an application with the department, at the time and in the manner prescribed by the department, and the department approves the application. The claimant shall submit a copy of the approved application with the claimant's return.

AB1033-ASA1,9,9 2. No credit may be allowed under this subsection unless the claimant retains at the claimant's sole expense a certified public accountant licensed under ch. 442 to review and certify to the department the total eligible expenditures incurred and total eligible wages paid in the taxable and to conduct the audit required under s. 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be performed by a certified public accountant that is part of an accounting entity that is not determined by the department to be independent of the claimant, consistent with s. 442.10 and as provided in the code of professional conduct of the American Institute of Certified Public Accountants, or its successor organization, or as otherwise determined by the department. The certified public accountant shall do all of the following:

AB1033-ASA1,9,11 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules promulgated by the department.

AB1033-ASA1,9,13 b. Verify each reported expenditure that is included in the audit and identify and exclude each expenditure that does not satisfy this subsection.

AB1033-ASA1,9,15 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit under sub. (4), applies to the credits under this subsection.

AB1033-ASA1,9,21 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise due under this chapter or no tax is due under this chapter, the amount of the claim not used to offset the tax due 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) (de). Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified under this subdivision.

AB1033-ASA1,9 Section 9 . 71.30 (3) (f) of the statutes is amended to read:

AB1033-ASA1,9,25 71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics and information technology manufacturing zone credit under s. 71.28 (3wm), business development credit under s. 71.28 (3y), research credit under s. 71.28 (4) (k) 1., video game production credit under s. 71.28 (11), and estimated tax payments under s. 71.29.

AB1033-ASA1,10 Section 10 . 71.34 (1k) (g) of the statutes is amended to read:

AB1033-ASA1,10,8 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (4), (5), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (11) and passed through to shareholders.

AB1033-ASA1,11 Section 11. 71.365 (4m) (d) 2. of the statutes is amended to read:

AB1033-ASA1,10,11 71.365 (4m) (d) 2. Except as provided in s. 71.07 (7) (b) 3. and (11) (c) 4., the tax credits under this chapter may not be claimed by the tax-option corporation.

AB1033-ASA1,12 Section 12 . 71.45 (2) (a) 10. of the statutes is amended to read:

AB1033-ASA1,10,19 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10), and (11) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (3), (3t), (4), (4m), and (5).

AB1033-ASA1,13 Section 13 . 71.47 (11) of the statutes is created to read:

AB1033-ASA1,10,21 71.47 (11) Video game production credit. (a) Definitions. In this subsection:

AB1033-ASA1,10,22 1. “Claimant” means a person certified under s. 73.03 (78).

AB1033-ASA1,10,24 2. “Eligible expenditures” means amounts paid by the claimant directly relating to qualifying activities in this state, excluding any of the following:

AB1033-ASA1,10,25 a. Wages.

AB1033-ASA1,11,1 b. Expenditures used to claim another credit under this chapter.

AB1033-ASA1,11,3 c. Amounts paid to a person certified to receive a credit under this subsection or s. 71.07 (11) or 71.28 (11).

AB1033-ASA1,11,6 d. Amounts paid to persons as a result of their participation in profits from video game production, such as commissions, royalties, or profit-sharing agreements.

AB1033-ASA1,11,7 e. Amounts paid for capital expenditures, such as buildings and equipment.

AB1033-ASA1,11,8 f. Amounts paid to purchase a copyright, trademark, or tradename.

AB1033-ASA1,11,9 g. Amounts paid for management or other administrative activities.

AB1033-ASA1,11,10 h. Amounts paid for marketing, promotion, or distribution.

AB1033-ASA1,11,11 i. Amounts paid for food or entertainment.

AB1033-ASA1,11,12 j. Interest paid on loans or other credit arrangements.

AB1033-ASA1,11,14 3. “Eligible wages” means wages paid by the claimant directly relating to qualifying activities in this state.

AB1033-ASA1,11,16 4. “Qualifying activities” means developing, producing, or creating a video game product or platform.

AB1033-ASA1,11,20 5. “Video game product or platform” means an electronic game developed for commercial distribution and entertainment that involves interaction with a user interface to generate visual feedback on a video device. “Video game product or platform” does not include any of the following:

AB1033-ASA1,11,21 a. A product or platform that contains content in violation of s. 944.21.

AB1033-ASA1,11,23 b. A product or platform designed for political, religious, or educational purposes.

AB1033-ASA1,11,24 c. A product or platform regulated under chs. 562 to 569.

AB1033-ASA1,12,3 d. A product or platform designed to provide information about one or more individuals or businesses, such as marketing and promotional websites or microsites.

AB1033-ASA1,12,7 e. A product or platform designed for social media or interpersonal communications, such as podcasting, interactive advertising, journalism, video conferencing, wireless telecommunications, text-based channels, chat rooms, or broadcast or streamed viewing enhancements.

AB1033-ASA1,12,9 f. A product or platform designed to stream linear media such as audio, video, or pictures.

AB1033-ASA1,12,10 g. Small-scale electronic games embedded and used exclusively in advertising.

AB1033-ASA1,12,12 6. “Wages” means wages, as defined in s. 71.63 (6), that are subject to withholding under subch. X and for which a statement under s. 71.65 (1) is furnished.

AB1033-ASA1,12,15 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2023, a claimant may claim as a credit against the tax imposed under s. 71.43 any of the following amounts:

AB1033-ASA1,12,17 1. An amount equal to 30 percent of the eligible wages paid by the person in the taxable year.

AB1033-ASA1,12,19 2. An amount equal to 30 percent of the eligible expenditures incurred by the claimant in the taxable year.

AB1033-ASA1,12,23 (c) Limitations. 1. No credit may be allowed under this subsection unless the claimant files an application with the department, at the time and in the manner prescribed by the department, and the department approves the application. The claimant shall submit a copy of the approved application with the claimant's return.

AB1033-ASA1,13,9 2. No credit may be allowed under this subsection unless the claimant retains at the claimant's sole expense a certified public accountant licensed under ch. 442 to review and certify to the department the total eligible expenditures incurred and total eligible wages paid in the taxable and to conduct the audit required under s. 73.03 (78) (c). No audit of a claimant required under s. 73.03 (78) (c) may be performed by a certified public accountant that is part of an accounting entity that is not determined by the department to be independent of the claimant, consistent with s. 442.10 and as provided in the code of professional conduct of the American Institute of Certified Public Accountants, or its successor organization, or as otherwise determined by the department. The certified public accountant shall do all of the following:

AB1033-ASA1,13,11 a. Conduct the audit required under s. 73.03 (78) (c) according to any rules promulgated by the department.

AB1033-ASA1,13,13 b. Verify each reported expenditure that is included in the audit and identify and exclude each expenditure that does not satisfy this subsection.

AB1033-ASA1,13,15 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credits under this subsection.

AB1033-ASA1,13,21 2. If the allowable amount of the claim under par. (b) exceeds the tax otherwise due under this chapter or no tax is due under this chapter, the amount of the claim not used to offset the tax due 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) (de). Notwithstanding s. 71.82 (1) (b), no interest shall be added to amounts certified under this subdivision.

AB1033-ASA1,14 Section 14 . 71.49 (1) (f) of the statutes is amended to read:

AB1033-ASA1,14,2 71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1., video game production credit under s. 71.47 (11), and estimated tax payments under s. 71.48.

AB1033-ASA1,15 Section 15 . 73.03 (78) of the statutes is created to read:

AB1033-ASA1,14,7 73.03 (78) To implement a program to approve applications for a certificate for purposes of ss. 71.07 (11), 71.28 (11), and 71.47 (11). Application shall be made to the department in each taxable year for which a certificate is desired. The department may not approve an application unless all of the following apply:

AB1033-ASA1,14,9 (a) The applicant operates a business in this state and maintains a physical business location in this state.

AB1033-ASA1,14,12 (b) The applicant owns a copyright in a video game production or platform, as defined in s. 71.07 (11) (a) 5., or is actively seeking a copyright in a video game production or platform.

AB1033-ASA1,14,15 (c) The applicant provides verification of eligible expenditures incurred and eligible wages paid to claim the credit under s. 71.07 (11), 71.28 (11), or 71.47 (11) and submits an audit of such eligible expenditures and eligible wages.

AB1033-ASA1,14,17 (d) The applicant certifies that the applicant will comply with the requirements under s. 71.07 (11), 71.28 (11), or 71.47 (11).

AB1033-ASA1,14,18 (End)