Amendment AA1-SB70

SB70-AA1,1183 Section 1183. 76.08 (1) of the statutes is amended to read:

SB70-AA1,543,24 76.08 (1) Notice of the assessments determined under s. 76.07 and of adjustments under s. 76.075 shall be given by certified mail to each company the property of which has been assessed, and the notice of assessment shall be mailed provided on or before the assessment date specified in s. 76.07 (1). Any company aggrieved by the assessment or adjustment of its property thus made may have its assessment or adjustment redetermined by the Dane County circuit court if, within 30 days after notice of assessment or adjustment is mailed provided to the company under s. 76.07 (3), an action for the redetermination is commenced by filing a summons and complaint with that court, and service of authenticated copies of the summons and complaint is made upon the department of revenue. No answer need be filed by the department and the allegations of the complaint in opposition to the assessment or adjustment shall be deemed denied. Upon the filing of the summons and complaint, the court shall set the matter for hearing without a jury. If the plaintiff fails to file the summons and complaint within 5 days of service upon the department, the department may file a copy thereof with the court in lieu of the original. The department may be named as the defendant in any such action and shall appear and be represented by its counsel in all proceedings connected with the action but, on the request of the secretary of revenue, the attorney general may participate with or serve in lieu of departmental counsel. In an action for redetermination of an adjustment, only the issues raised in the department's adjustment under s. 76.075 may be raised.

SB70-AA1,1184 Section 1184. 76.10 (1) of the statutes is amended to read:

SB70-AA1,544,22 76.10 (1) Every company defined in s. 76.02 shall, on or before October 1 in each year, be entitled, on its own motion, to present evidence before the department relating to the state assessment made in the preceding year pursuant to s. 70.575. On written request, in writing, for such hearing or presentation, the department shall fix a time therefor within 60 days after such the application is filed, the same to be conducted in such manner as the department directs. Notice of such the hearing shall be mailed provided to any company requesting a hearing and shall be published in the official state paper. Within 30 days after the conclusion of such the hearing, the department shall enter an order either affirming the state assessment or ordering correction thereof as provided in sub. (2). A copy of such the order shall be sent by certified mail provided to the company or companies requesting such the hearing and to any interested party who has made an appearance in such the proceeding. The department may, on its own motion, correct such the state assessment. Any company having filed application for review of the state assessment pursuant to this section, or any other interested party participating in such the hearing, if aggrieved by the order entered by the department, may bring an action in the circuit court for Dane County within 30 days after the entry of such the order to have said order set aside and a redetermination made of the state assessment. In any such action or in any hearing before the department pursuant to this section, any interested party may appear and be heard. An interested party includes any division of government whose revenues would be affected by any adjustment of the state assessment.

SB70-AA1,1185 Section 1185. 76.13 (2) of the statutes is amended to read:

SB70-AA1,545,13 76.13 (2) Every tax roll upon completion shall be delivered to the secretary of administration. The department shall notify, by certified mail, all companies listed on the tax roll of the amount of tax due, which shall be paid to the department. The payment dates provided for in sub. (2a) shall apply. The payment of one-fourth of the tax of any company may, if the company has brought an action in the Dane County circuit court under s. 76.08, be made without delinquent interest as provided in s. 76.14 any time prior to the date upon which the appeal becomes final, but any part of the tax ultimately required to be paid shall bear interest from the original due date to the date the appeal became final at the rate of 12 percent per year and at 1.5 percent per month thereafter until paid. The taxes extended against any company after the same become due, with interest, shall be a lien upon all the property of the company prior to all other liens, claims, and demands whatsoever, except as provided in ss. 292.31 (8) (i) and 292.81, which and the lien may be enforced in an action in the name of the state in any court of competent jurisdiction against the property of the company within the state as an entirety.

SB70-AA1,1186 Section 1186. 76.15 (2) of the statutes is amended to read:

SB70-AA1,546,2 76.15 (2) The power to reassess the property of any company defined in s. 76.02 and the general property of the state, and to redetermine the average rate of taxation, may be exercised under sub. (1) as often as may be necessary until the amount of taxes legally due from any such company for any year under ss. 76.01 to 76.26 has been finally and definitely determined. Whenever any sum or part thereof, levied upon any property subject to taxation under ss. 76.01 to 76.26 so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment upon the property, and the reassessment of taxes to that extent shall be deemed to be satisfied. When the tax roll on the reassessment is completed and delivered to the secretary of administration, the department shall immediately notify by certified mail each of the several companies taxed to pay the amount of the taxes extended on the tax roll within 30 days.”.

SB70-AA1,546,3 197. Page 374, line 11: after that line insert:

SB70-AA1,546,4 “ Section 1187. 71.07 (9e) (aj) (intro.) of the statutes is amended to read:

SB70-AA1,546,9 71.07 (9e) (aj) (intro.) For taxable years beginning after December 31, 2010, and before January 1, 2023, an individual may credit against the tax imposed under s. 71.02 an amount equal to one of the following percentages of the federal basic earned income credit for which the person is eligible for the taxable year under section 32 of the Internal Revenue Code:

SB70-AA1,1188 Section 1188. 71.07 (9e) (ak) of the statutes is created to read:

SB70-AA1,546,15 71.07 (9e) (ak) For taxable years beginning after December 31, 2022, an individual may credit against the tax imposed under s. 71.02 an amount equal to one of the following percentages of the federal basic earned income credit for which the individual is eligible for the taxable year under section 32 of the Internal Revenue Code:

SB70-AA1,546,17 1. If the individual has one qualifying child who has the same principal place of abode as the individual, 16 percent.

SB70-AA1,546,19 2. If the individual has 2 qualifying children who have the same principal place of abode as the individual, 25 percent.

SB70-AA1,546,21 3. If the individual has 3 or more qualifying children who have the same principal place of abode as the individual, 34 percent.

SB70-AA1,1189 Section 1189. 73.03 (73) (f) 1. of the statutes is amended to read:

SB70-AA1,547,3 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), based on the specifications described under pars. (b) and (c) 2.”.

SB70-AA1,547,4 198. Page 374, line 11: after that line insert:

SB70-AA1,547,5 “ Section 1190. 71.54 (1) (g) (intro.) of the statutes is amended to read:

SB70-AA1,547,8 71.54 (1) (g) 2012 and thereafter to 2023. (intro.) The amount of any claim filed in 2012 and thereafter to 2023 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

SB70-AA1,1191 Section 1191. 71.54 (1) (g) 4. of the statutes is amended to read:

SB70-AA1,547,16 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.

SB70-AA1,1192 Section 1192. 71.54 (1) (g) 5. of the statutes is repealed.

SB70-AA1,1193 Section 1193. 71.54 (1) (g) 6. (intro.) of the statutes is amended to read:

SB70-AA1,547,22 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:

SB70-AA1,1194 Section 1194. 71.54 (1) (g) 7. of the statutes is repealed.

SB70-AA1,1195 Section 1195. 71.54 (1) (h) of the statutes is created to read:

SB70-AA1,548,3 71.54 (1) (h) 2024 and thereafter. Subject to sub. (2m), the amount of any claim filed in 2024 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

SB70-AA1,548,6 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.

SB70-AA1,548,11 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 5.614 percent of the household income exceeding $8,060.

SB70-AA1,548,12 3. No credit may be allowed if the household income exceeds $35,000.

SB70-AA1,548,14 4. Notwithstanding the time limitations described in par. (g) (intro.), the provisions of par. (g) 4. apply to claims filed under this paragraph.

SB70-AA1,1196 Section 1196. 71.54 (2) (b) 4. of the statutes is amended to read:

SB70-AA1,548,17 71.54 (2) (b) 4. In calendar years 2011 or any subsequent calendar year to 2022, $1,460.

SB70-AA1,1197 Section 1197. 71.54 (2) (b) 5. of the statutes is created to read:

SB70-AA1,548,20 71.54 (2) (b) 5. Subject to sub. (2m), in calendar year 2023 or any subsequent calendar year, $1,460.

SB70-AA1,1198 Section 1198. 71.54 (2m) of the statutes is amended to read:

SB70-AA1,549,14 71.54 (2m) Indexing for inflation; 2010 2024 and thereafter. (a) For calendar years beginning after December 31, 2009, and before January 1, 2011 2023, 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 2021 through July 2008 2022, 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.

SB70-AA1,549,20 (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.

SB70-AA1,9337 Section 9337. Initial applicability; Revenue.

SB70-AA1,549,23 (1e) Homestead tax credit. The treatment of s. 71.54 (1) (h) first applies to claims filed for taxable years beginning after December 31, 2022.”.

SB70-AA1,549,24 199. Page 374, line 11: after that line insert:

SB70-AA1,550,1 “ Section 9101. Nonstatutory provisions; Administration.

SB70-AA1,550,5 (1) Enterprise zone tax credit funding reestimate. The secretary of administration shall reestimate the sum sufficient appropriation under s. 20.835 (2) (co) by increasing funding for the enterprise zone program by $525,000 in the 2024-25 fiscal year.”.

SB70-AA1,550,6 200. Page 374, line 11: after that line insert:

SB70-AA1,550,7 “ Section 1199. 71.07 (3y) (b) 5. of the statutes is amended to read:

SB70-AA1,550,15 71.07 (3y) (b) 5. An For taxable years beginning before January 1, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

SB70-AA1,1200 Section 1200. 71.07 (3y) (b) 5m. of the statutes is created to read:

SB70-AA1,550,22 71.07 (3y) (b) 5m. For taxable years beginning after December 31, 2022, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin.

SB70-AA1,1201 Section 1201. 71.28 (3y) (b) 5. of the statutes is amended to read:

SB70-AA1,551,8 71.28 (3y) (b) 5. An For taxable years beginning before January 1, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

SB70-AA1,1202 Section 1202. 71.28 (3y) (b) 5m. of the statutes is created to read:

SB70-AA1,551,15 71.28 (3y) (b) 5m. For taxable years beginning after December 31, 2022, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin.

SB70-AA1,1203 Section 1203. 71.47 (3y) (b) 5. of the statutes is amended to read:

SB70-AA1,551,24 71.47 (3y) (b) 5. An For taxable years beginning before January 1, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

SB70-AA1,1204 Section 1204. 71.47 (3y) (b) 5m. of the statutes is created to read:

SB70-AA1,552,6 71.47 (3y) (b) 5m. For taxable years beginning after December 31, 2022, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin.

SB70-AA1,1205 Section 1205. 238.308 (4) (a) 3. of the statutes is amended to read:

SB70-AA1,552,15 238.308 (4) (a) 3. An amount equal to up to 50 percent of the person's training costs incurred to undertake activities to enhance an eligible employee's general knowledge, employability, and flexibility in the workplace; to develop skills unique to the person's workplace or equipment; or to develop skills that will increase the quality of the person's product upgrade or improve the job-related skills of an eligible employee, train an eligible employee on the use of job-related new technologies, or provide job-related training to an eligible employee whose employment with the person represents the employee's first full-time job.

SB70-AA1,1206 Section 1206. 238.308 (4) (a) 5. of the statutes is amended to read:

SB70-AA1,552,22 238.308 (4) (a) 5. An amount, as determined by the corporation, equal to a percentage of the amount of wages that the person paid to an eligible employee in the taxable year, if the position in which the eligible employee was employed was created or retained in connection with the person's location or retention of the person's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.”.

SB70-AA1,552,23 201. Page 374, line 11: after that line insert:

SB70-AA1,552,24 “ Section 1207. 71.07 (3y) (b) 6. of the statutes is created to read:

SB70-AA1,553,5 71.07 (3y) (b) 6. For taxable years beginning after December 31, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 6., equal to a percentage, not to exceed 25 percent, of the claimant's energy efficiency or renewable energy project expenditures on real or personal property located in this state.

SB70-AA1,1208 Section 1208. 71.28 (3y) (b) 6. of the statutes is created to read:

SB70-AA1,553,11 71.28 (3y) (b) 6. For taxable years beginning after December 31, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 6., equal to a percentage, not to exceed 25 percent, of the claimant's energy efficiency or renewable energy project expenditures on real or personal property located in this state.

SB70-AA1,1209 Section 1209. 71.47 (3y) (b) 6. of the statutes is created to read:

SB70-AA1,553,17 71.47 (3y) (b) 6. For taxable years beginning after December 31, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 6., equal to a percentage, not to exceed 25 percent, of the claimant's energy efficiency or renewable energy project expenditures on real or personal property located in this state.

SB70-AA1,1210 Section 1210. 238.308 (4) (a) 6. of the statutes is created to read:

SB70-AA1,553,23 238.308 (4) (a) 6. An amount equal to up to 25 percent of the person's energy efficiency or renewable energy project expenditures on real or personal property located in this state. When making an award under this subdivision, the corporation shall ensure that the percentage of expenditures taken into account positively correlates to the scale of the project.

SB70-AA1,9349 Section 9349. Initial applicability; Wisconsin Economic Development Corporation.

SB70-AA1,554,3 (1) Energy efficiency and renewable energy project expenditures for business development tax credit. The treatment of s. 238.308 (4) (a) 6. first applies to credits awarded under s. 238.308 on January 1, 2024.”.

SB70-AA1,554,4 202. Page 374, line 11: after that line insert:

SB70-AA1,554,5 “ Section 1211. 71.07 (5n) (d) 2. of the statutes is amended to read:

SB70-AA1,554,14 71.07 (5n) (d) 2. For Except as provided in subd. 2m., for purposes of determining a claimant's eligible qualified production activities income under this subsection, the claimant shall multiply the claimant's qualified production activities income from property manufactured by the claimant by the manufacturing property factor and qualified production activities income from property produced, grown, or extracted by the claimant by the agriculture property factor. This subdivision does not apply if the claimant's entire qualified production activities income results from the sale of tangible personal property that was manufactured, produced, grown, or extracted wholly in this state by the claimant.

SB70-AA1,1212 Section 1212. 71.07 (5n) (d) 2m. of the statutes is created to read:

SB70-AA1,554,23 71.07 (5n) (d) 2m. For taxable years beginning after December 31, 2022, for purposes of determining a claimant's eligible qualified production activities income from manufacturing under this subsection, the claimant shall multiply the claimant's qualified production activities income, not exceeding $300,000, from property manufactured by the claimant by the manufacturing property factor. This subdivision does not apply if the claimant's entire qualified production activities income results from the sale of tangible personal property that was manufactured, produced, grown, or extracted wholly in this state by the claimant.

SB70-AA1,1213 Section 1213. 71.28 (5n) (d) 2. of the statutes is amended to read:

SB70-AA1,555,9 71.28 (5n) (d) 2. Except as provided in subd. subds. 2m. and 3., for purposes of determining a claimant's eligible qualified production activities income under this subsection, the claimant shall multiply the claimant's qualified production activities income from property manufactured by the claimant by the manufacturing property factor and qualified production activities income from property produced, grown, or extracted by the claimant by the agriculture property factor. This subdivision does not apply if the claimant's entire qualified production activities income results from the sale of tangible personal property that was manufactured, produced, grown, or extracted wholly in this state by the claimant.

SB70-AA1,1214 Section 1214. 71.28 (5n) (d) 2m. of the statutes is created to read:

SB70-AA1,555,19 71.28 (5n) (d) 2m. Except as provided in subd. 3., for taxable years beginning after December 31, 2022, for purposes of determining a claimant's eligible qualified production activities income from manufacturing under this subsection, the claimant shall multiply the claimant's qualified production activities income, not exceeding $300,000, from property manufactured by the claimant by the manufacturing property factor. This subdivision does not apply if the claimant's entire qualified production activities income results from the sale of tangible personal property that was manufactured, produced, grown, or extracted wholly in this state by the claimant.

SB70-AA1,1215 Section 1215. 71.28 (5n) (d) 3. a. of the statutes is amended to read:

SB70-AA1,555,22 71.28 (5n) (d) 3. a. The eligible qualified production activities income determined under subd. 2. or 2m.”.

SB70-AA1,555,23 203. Page 374, line 11: after that line insert:

SB70-AA1,555,24 “ Section 1216. 71.07 (4k) (e) 2. a. of the statutes is amended to read:

SB70-AA1,556,11 71.07 (4k) (e) 2. a. 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. (b) 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). For subsequent taxable years beginning after December 31, 2020 and before January 1, 2024, the amount of the claim not used to offset the tax due, up to 15 percent of the allowable amount of the claim under par. (b) 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).

SB70-AA1,1217 Section 1217. 71.07 (4k) (e) 2. ad. of the statutes is created to read:

SB70-AA1,556,18 71.07 (4k) (e) 2. ad. For taxable years beginning after December 31, 2023, the amount of the claim not used to offset the tax due, not to exceed 50 percent of the allowable amount of the claim under par. (b) 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).