SB738: Bill Text

SB738,40 Section 40. 71.07 (5e) of the statutes is repealed.

SB738,41 Section 41. 71.07 (6) (am) 1. of the statutes is amended to read:

SB738,,67 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, amounts received for services performed by an individual in the employ of his or her spouse, 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 includes gains, other than any gain which is treated under any provision of chapter 26 of the Internal Revenue Code as gain from the sale or exchange of a capital asset, and includes net earnings derived from the sale or disposition of, the transfer of any interest in, or the licensing of the use of property, other than goodwill, by an individual whose personal efforts created such property. 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, or received as deferred compensation. 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.

SB738,42 Section 42. 71.07 (6) (am) 1m. of the statutes is created to read:

SB738,,69 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.

SB738,43 Section 43. 71.07 (6) (am) 2. d. of the statutes is amended to read:

SB738,,71 71.07 (6) (am) 2. d. For taxable years beginning after December 31, 2000, 3 percent of the qualified earned income of the spouse with the lower qualified earned income, but not more than $480.

SB738,44 Section 44. 71.08 (1) (intro.) of the statutes is amended to read:

SB738,,73 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dx), (2dy), (3m), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (5b), (5d), (5e), (5i), (5j), (5n), (6), (6e), (8b), (9e), (9m), and (9r), 71.28 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), (3wm), and (3y), 71.47 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), and (3y), 71.57 to 71.61, and 71.613 and subch. VIII and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

SB738,45 Section 45. 71.10 (4) (gy) of the statutes is repealed.

SB738,46 Section 46. 71.21 (4) (a) of the statutes is amended to read:

SB738,,76 71.21 (4) (a) The amount of the credits computed by a partnership under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and passed through to partners shall be added to the partnership’s income.

SB738,47 Section 47. 71.26 (2) (a) 4. of the statutes is amended to read:

SB738,,78 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm), (1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) 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).

SB738,48 Section 48. 71.28 (5e) of the statutes is repealed.

SB738,49 Section 49. 71.30 (3) (es) of the statutes is repealed.

SB738,50 Section 50. 71.34 (1k) (g) of the statutes is amended to read:

SB738,,82 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 passed through to shareholders.

SB738,51 Section 51. 71.45 (2) (a) 10. of the statutes is amended to read:

SB738,,84 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 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).

SB738,52 Section 52. 71.47 (5e) of the statutes is repealed.

SB738,53 Section 53. 71.49 (1) (es) of the statutes is repealed.

SB738,54 Section 54. 77.51 (5m) of the statutes is repealed.

SB738,55 Section 55. 77.52 (13) of the statutes is amended to read:

SB738,,89 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (64), (66), and (67).

SB738,56 Section 56. 77.53 (10) of the statutes is amended to read:

SB738,,91 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (64), (66), and (67).

SB738,57 Section 57. 77.54 (14m) of the statutes is renumbered 77.54 (14) (en) and amended to read:

SB738,,93 77.54 (14) (en) For purposes of sub. (14), insulin Insulin furnished by a pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription of a human being.

SB738,58 Section 58. 77.585 (9) of the statutes is repealed.

SB738,59 Section 59. 120.135 of the statutes is repealed.

SB738,60 Section 60. 121.07 (6) (a) (intro.) of the statutes is amended to read:

SB738,,97 121.07 (6) (a) (intro.) “Shared cost” is the sum of the net cost of the general fund and the net cost of the debt service fund, except that “shared cost” excludes any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced, excludes any expenditures from a capital improvement fund created under s. 120.135 or a capital improvement trust fund created under s. 120.137, excludes any debt service costs associated with an environmental remediation project under s. 67.05 (7) (er), and excludes the costs of transporting those transfer pupils for whom the school district operating under ch. 119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s. 121.85 (6) (am). In this paragraph:

SB738,61 Section 61. 121.91 (4) (h) of the statutes is repealed.

SB738,62 Section 62. 177.01 (7a) of the statutes is created to read:

SB738,,100 177.01 (7a) “Financial organization loyalty card” means a card or electronic record that is given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program established by a financial organization for purposes of rewarding a relationship with the sponsoring entity and that may be redeemed for money or otherwise monetized by the issuer or used to obtain goods or services or a discount on goods or services. An annual fee or periodic membership fee charged to the cardholder for joining or maintaining membership in any such award, reward, benefit, loyalty, incentive, rebate, or promotional program shall not be considered direct monetary consideration paid for the financial organization loyalty card.

SB738,63 Section 63. 177.01 (7d) (c) 5. of the statutes is created to read:

SB738,,102 177.01 (7d) (c) 5. A financial organization loyalty card.

SB738,64 Section 64. 177.01 (13b) (c) 8. of the statutes is created to read:

SB738,,104 177.01 (13b) (c) 8. A financial organization loyalty card.

SB738,65 Section 65. 177.01 (14d) (c) 5. of the statutes is created to read:

SB738,,106 177.01 (14d) (c) 5. A financial organization loyalty card.

SB738,66 Section 66. 177.01 (16) (e) of the statutes is created to read:

SB738,,108 177.01 (16) (e) A financial organization loyalty card.

SB738,67 Section 67. 177.0202 (title) of the statutes is amended to read:

SB738,,110 177.0202 (title) When tax-deferred and tax-exempt retirement account accounts presumed abandoned.

SB738,68 Section 68. 177.0202 (1) (intro.) of the statutes is amended to read:

SB738,,112 177.0202 (1) (intro.) Subject to s. 177.0210, property held in a pension account or retirement account that qualifies for federal income tax deferral or tax exemption under the U.S. income tax laws is presumed abandoned if it is unclaimed by the apparent owner 3 years after the later of:

SB738,69 Section 69. 177.0210 (1) (intro.) of the statutes is amended to read:

SB738,,114 177.0210 (1) (intro.) Property is presumed abandoned from the earliest later of the following:

SB738,70 Section 70. 177.0607 (3) (d) of the statutes is created to read:

SB738,,116 177.0607 (3) (d) On property paid to another state under s. 177.0901 or 177.0902.

SB738,71 Section 71. 177.0607 (4) of the statutes is amended to read:

SB738,,118 177.0607 (4) Property received by the administrator before January 2, 2019, that was interest-bearing to the owner, as reported by the holder, at the time of receipt by the administrator or this state shall accrue interest while in possession of the administrator or this state at a rate of 6 percent per year or any lesser rate the property earned while in the possession of the holder. Interest begins to accrue when the property is delivered to the administrator and ceases on the earlier of the date on which payment is made to the owner or January 1, 2019. If the property is still in the possession of the administrator or this state on January 2, 2019, interest shall accrue as described in sub. (2). No interest on interest-bearing property is payable for any period before December 31, 1984.

SB738,72 Section 72. 177.1505 (4) of the statutes is amended to read:

SB738,,120 177.1505 (4) The administrator shall waive the provisions of s. 177.1204 with respect to reporting periods covered by the agreement if an application for voluntary disclosure is received by the administrator between February 1, 2022, and February 28, 2023, and a voluntary disclosure agreement is executed within 180 days of receipt of the application by the administrator. The administrator may enter into an agreement with a holder to extend the date upon which the agreement must be executed and shall waive the provisions of s. 177.1204 with respect to reporting periods covered by an agreement executed under such extension. The administrator shall make efforts to provide information to interested parties regarding the voluntary disclosure period provided under this subsection.

SB738,73 Section 73. 565.27 (2) (b) 3. of the statutes is amended to read:

SB738,,122 565.27 (2) (b) 3. The drawings shall be recorded on both videotape and audiotape documented with a video and audio recording.

SB738,74 Section 74. 565.28 (1) of the statutes is renumbered 565.28, and 565.28 (2) and (3), as renumbered, are amended to read:

SB738,,124 565.28 (2) A person who chooses to make an election under par. (a) sub. (1) shall make the election no later than 60 days after becoming entitled to the lottery prize. An election made under par. (a) sub. (1) is final and may not be revoked.

SB738,,125 (3) If a person eligible to make an election under par. (a) sub. (1) does not make an election within 60 days after becoming entitled to a lottery prize, the administrator shall make payment in the form of an annuity.

SB738,75 Section 75. 565.28 (2) of the statutes is repealed.

SB738,76 Section 76. Initial applicability.

SB738,,128 (1) Unclaimed property; general provisions. The treatment of ss. 177.01 (7a), (7d) (c) 5., (13b) (c) 8., (14d) (c) 5., and (16) (e), 177.0202 (title) and (1) (intro.), 177.0210 (1) (intro.), and 177.0607 (3) (d) and (4) first applies to property reportable on November 7, 2021.

SB738,,129 (2) Unclaimed property; waiver. The treatment of s. 177.1505 (4) first applies to applications received on the first day of the 3rd month beginning after publication, regardless of the years in which the property became abandoned and reportable.

SB738,77 Section 77. Effective dates. This act takes effect on the day after publication, except as follows:

SB738,,131 (1) Tax incremental financing. The treatment of ss. 60.85 (2) (b) 7. and (c), (3) (h) 4. and 5. a. and c., and (5) (e) and 66.1105 (2) (f) 1. (intro.), m., and n. and (j), (4) (a), (e), and (h) 1., 2., and 4., (4e) (b) 1., (5) (bf), (bj), (c) 1., and (ce) 1., (6) (a) 5. and 9., (am) 2. c., d., e., and f., (d) 1m., (dm), and (e) 1. b. and e., (7) (ak) 2. and 3., (ar), and (at), (18) (c) 2., and (19) takes effect on the January 1 after publication.

SB738,,132 (end)