Amendment AA19-ASA2-AB50

AB50-ASA2-AA19,17,7 139.76 (1t) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell, or removal for consumption or sale or other disposition for any purpose of little cigars by any person engaged as a distributor or remote retail seller of them at the rate of 126 mills on each little cigar, regardless of weight. The tax attaches at the time the little cigars are received by the distributor in this state, except that for little cigars sold by a remote retail seller, the tax attaches at the time the remote retail seller makes a remote retail sale of little cigars to a consumer. The tax shall be passed on to the ultimate consumer of the little cigars. All little cigars received in this state for sale or distribution within this state, except those actually sold as provided in sub. (2), shall be subject to such tax. To evidence payment of the tax imposed under this subsection on little cigars, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination to each package in which little cigars are packed, prior to the first sale within this state. Section 139.32, as it applies to the tax under s. 139.31, applies to the tax imposed under this subsection on little cigars.

AB50-ASA2-AA19,31 Section 31. 139.78 (1) of the statutes is amended to read:

AB50-ASA2-AA19,17,18 139.78 (1) Except as provided in sub. subs. (1p) and (1t), a tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate, for tobacco products, not including moist snuff, vapor products, cigars, little cigars, and pipe tobacco, of 71 percent of the cost of the tobacco products and, for moist snuff, at the rate of 100 percent of the manufacturer’s established list price to distributors without diminution by volume or other discounts on domestic products. The tax imposed under this subsection on cigars, except little cigars, shall not exceed an amount equal to 50 cents for each cigar. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).

AB50-ASA2-AA19,32 Section 32. 139.78 (1p) of the statutes is amended to read:

AB50-ASA2-AA19,17,24 139.78 (1p) A tax is imposed upon the use or storage by consumers of cigars, not including little cigars, and pipe tobacco in this state at the rate and basis under s. 139.76 (1p). The tax does not apply if the tax imposed by s. 139.76 (1p) on the cigars or pipe tobacco has been paid or if the cigars or pipe tobacco are exempt from the tax under s. 139.76 (2).

AB50-ASA2-AA19,33 Section 33. 139.78 (1t) of the statutes is created to read:

AB50-ASA2-AA19,18,6 139.78 (1t) A tax is imposed and levied upon the use or storage of little cigars in this state by any person for any purpose. The tax is levied and shall be collected at the same rate as provided for in s. 139.76 (1t). The tax under this subsection does not apply if the tax imposed by s. 139.76 (1t) has been paid or if the little cigars are exempt from tax under s. 139.76 (2).

AB50-ASA2-AA19,34 Section 34. 139.83 of the statutes is renumbered 139.83 (1).

AB50-ASA2-AA19,35 Section 35. 139.83 (2) of the statutes is created to read:

AB50-ASA2-AA19,18,12 139.83 (2) Sections 139.315, 139.32, 139.321, 139.322, 139.34, 139.35, 139.36, 139.362, 139.363, 139.38, 139.395, 139.41, 139.42, 139.43, and 139.44 (8), as they apply to the taxes under subch. II, apply to the administration and enforcement of this subchapter for little cigars.

AB50-ASA2-AA19,9437 Section 9437. Effective dates; Revenue.

AB50-ASA2-AA19,18,17 (1) Little cigars. The treatment of ss. 139.44 (4), 139.75 (4t) and (12), 139.76 (1), (1p), and (1t), and 139.78 (1), (1p), and (1t), the renumbering of s. 139.83, and the creation of s. 139.83 (2) take effect on the first day of the 3rd month beginning after publication.”.

AB50-ASA2-AA19,18,18 10. At the appropriate places, insert all of the following:

AB50-ASA2-AA19,18,19 “Section 36. 71.07 (9e) (aj) (intro.) of the statutes is amended to read:

AB50-ASA2-AA19,19,2 71.07 (9e) (aj) (intro.) For taxable years beginning after December 31, 2010, and before January 1, 2025, 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:

AB50-ASA2-AA19,37 Section 37. 71.07 (9e) (ak) of the statutes is created to read:

AB50-ASA2-AA19,19,8 71.07 (9e) (ak) For taxable years beginning after December 31, 2024, 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:

AB50-ASA2-AA19,19,10 1. If the individual has one qualifying child who has the same principal place of abode as the individual, 16 percent.

AB50-ASA2-AA19,19,12 2. If the individual has 2 qualifying children who have the same principal place of abode as the individual, 25 percent.

AB50-ASA2-AA19,19,14 3. If the individual has 3 or more qualifying children who have the same principal place of abode as the individual, 34 percent.

AB50-ASA2-AA19,38 Section 38. 73.03 (73) (f) 1. of the statutes is amended to read:

AB50-ASA2-AA19,19,20 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.”.

AB50-ASA2-AA19,19,21 11. At the appropriate places, insert all of the following:

AB50-ASA2-AA19,19,22 “Section 39. 20.835 (1) (a) of the statutes is created to read:

AB50-ASA2-AA19,20,2 20.835 (1) (a) Property tax freeze incentive payments. A sum sufficient to make the payments under s. 79.06.

AB50-ASA2-AA19,40 Section 40. 79.015 of the statutes is amended to read:

AB50-ASA2-AA19,20,10 79.015 Statement of estimated payments. The department of revenue, on or before September 15 of each year, shall provide to each municipality and county a statement of estimated payments to be made in the next calendar year to the municipality or county under ss. 79.035, 79.036, 79.037, 79.038, 79.039, 79.04, and 79.05 and shall provide a statement of estimated payments to be made to the municipality or county under s. 79.06 if the municipality or county is eligible for a payment under s. 79.06 in the next calendar year.

AB50-ASA2-AA19,41 Section 41. 79.06 of the statutes is created to read:

AB50-ASA2-AA19,20,13 79.06 Property tax freeze incentive payments. (1) In this section, “political subdivision” means a city, village, town, or county.

AB50-ASA2-AA19,20,16 (2) (a) A political subdivision is eligible for a payment under sub. (3) if its property tax levy in a year is less than or equal to its property tax levy in the immediately preceding year.

AB50-ASA2-AA19,20,19 (b) For purposes of determining eligibility under par. (a), a political subdivision’s property tax levy excludes all of the following expenditures made by the political subdivision:

AB50-ASA2-AA19,20,20 1. Expenditures related to annexation or service consolidation.

AB50-ASA2-AA19,20,21 2. Unreimbursed emergency expenditures.

AB50-ASA2-AA19,20,24 (3) (a) Beginning in 2026, each political subdivision that is eligible under sub. (2) on the basis of its property tax levy imposed in the immediately preceding December shall receive a payment calculated as follows:

AB50-ASA2-AA19,21,2 1. Multiply the political subdivision’s property tax levy for the year of the payment by 0.03.

AB50-ASA2-AA19,21,4 2. If the political subdivision received a payment under this subsection in the immediately preceding year, multiply the amount of the payment by 1.03.

AB50-ASA2-AA19,21,5 3. Add the amounts determined under subds. 1. and 2.

AB50-ASA2-AA19,21,8 (b) For purposes of calculating the amount of a payment under par. (a), a political subdivision’s property tax levy excludes all expenditures excluded under sub. (2) (b).

AB50-ASA2-AA19,21,12 (c) The department of revenue shall certify the amount of the payment due each taxing jurisdiction under par. (a) to the department of administration, and the department of administration shall make the payment on or before the first Monday in May.

AB50-ASA2-AA19,21,14 (4) The department of revenue may promulgate rules to implement this section.”.

AB50-ASA2-AA19,21,15 12. At the appropriate places, insert all of the following:

AB50-ASA2-AA19,21,16 “Section 42. 71.05 (1) (j) of the statutes is created to read:

AB50-ASA2-AA19,21,18 71.05 (1) (j) Tips. Amounts received as cash tips by an employee from the customers of the employee’s employer.

AB50-ASA2-AA19,43 Section 43. 71.05 (6) (b) 19. cm. of the statutes is amended to read:

AB50-ASA2-AA19,22,8 71.05 (6) (b) 19. cm. For taxable years beginning after December 31, 2020, for a person who is a nonresident or a part-year resident of this state, modify the amount calculated under subd. 19. b. by multiplying the amount by a fraction the numerator of which is the person’s wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the person’s total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 19. cm., for married persons filing separately “wages, salary, tips, unearned income, and net earnings from a trade or business” means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business” means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,44 Section 44. 71.05 (6) (b) 19. dm. of the statutes is amended to read:

AB50-ASA2-AA19,22,13 71.05 (6) (b) 19. dm. For taxable years beginning after December 31, 2020, reduce the amount calculated under subd. 19. b. or cm. to the person’s aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,45 Section 45. 71.05 (6) (b) 28. e. of the statutes is amended to read:

AB50-ASA2-AA19,23,2 71.05 (6) (b) 28. e. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 28. a., am., b., c. or d. by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income and net earnings from a trade or business. In this subd. 28. e., for married persons filing separately “wages, salary, tips, unearned income and net earnings from a trade or business” means the separate wages, salary, tips, unearned income and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income and net earnings from a trade or business” means the total wages, salary, tips, unearned income and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,46 Section 46. 71.05 (6) (b) 28. f. of the statutes is amended to read:

AB50-ASA2-AA19,23,6 71.05 (6) (b) 28. f. Reduce the amount calculated under subd. 28. a., am., b., c., d. or e. to the individual’s aggregate wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,47 Section 47. 71.05 (6) (b) 32. b. of the statutes is amended to read:

AB50-ASA2-AA19,23,19 71.05 (6) (b) 32. b. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 32. a. by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income and net earnings from a trade or business. In this subd. 32. b., for married persons filing separately “wages, salary, tips, unearned income and net earnings from a trade or business” means the separate wages, salary, tips, unearned income and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income and net earnings from a trade or business” means the total wages, salary, tips, unearned income and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,48 Section 48. 71.05 (6) (b) 32. c. of the statutes is amended to read:

AB50-ASA2-AA19,23,23 71.05 (6) (b) 32. c. Reduce the amount calculated under subd. 32. a. or b. to the individual’s aggregate wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,49 Section 49. 71.05 (6) (b) 33. b. of the statutes is amended to read:

AB50-ASA2-AA19,24,12 71.05 (6) (b) 33. b. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 33. a. by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income and net earnings from a trade or business. In this subd. 33. b., for married persons filing separately “wages, salary, tips, unearned income and net earnings from a trade or business” means the separate wages, salary, tips, unearned income and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income and net earnings from a trade or business” means the total wages, salary, tips, unearned income and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,50 Section 50. 71.05 (6) (b) 33. c. of the statutes is amended to read:

AB50-ASA2-AA19,24,16 71.05 (6) (b) 33. c. Reduce the amount calculated under subd. 33. a. or b. to the individual’s aggregate wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,51 Section 51. 71.05 (6) (b) 35. c. of the statutes is amended to read:

AB50-ASA2-AA19,25,5 71.05 (6) (b) 35. c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 35. a. or b., by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 35. c., for married persons filing separately “wages, salary, tips, unearned income, and net earnings from a trade or business” means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business” means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,52 Section 52. 71.05 (6) (b) 35. d. of the statutes is amended to read:

AB50-ASA2-AA19,25,9 71.05 (6) (b) 35. d. Reduce the amount calculated under subd. 35. a., b., or c. to the individual’s aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,53 Section 53. 71.05 (6) (b) 38. c. of the statutes is amended to read:

AB50-ASA2-AA19,25,22 71.05 (6) (b) 38. c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 38. a. or b., by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 38. c., for married persons filing separately “wages, salary, tips, unearned income, and net earnings from a trade or business” means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business” means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,54 Section 54. 71.05 (6) (b) 38. d. of the statutes is amended to read:

AB50-ASA2-AA19,26,2 71.05 (6) (b) 38. d. Reduce the amount calculated under subd. 38. a., b., or c. to the individual’s aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,55 Section 55. 71.05 (6) (b) 42. c. of the statutes is amended to read:

AB50-ASA2-AA19,26,15 71.05 (6) (b) 42. c. For an individual who is a nonresident or part-year resident of this state, multiply the amount calculated under subd. 42. a. or b., by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 42. c., for married persons filing separately “wages, salary, tips, unearned income, and net earnings from a trade or business” means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business” means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,56 Section 56. 71.05 (6) (b) 42. d. of the statutes is amended to read:

AB50-ASA2-AA19,26,19 71.05 (6) (b) 42. d. Reduce the amount calculated under subd. 42. a., b., or c. to the individual’s aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.

AB50-ASA2-AA19,57 Section 57. 71.05 (6) (b) 43. f. of the statutes is amended to read:

AB50-ASA2-AA19,27,9 71.05 (6) (b) 43. f. An individual who is a nonresident or part-year resident of this state and who claims the subtraction under this subdivision shall multiply the amount calculated under subd. 43. a., b., c., or d. by a fraction the numerator of which is the individual’s wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual’s total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subd. 43. f., for married persons filing separately “wages, salary, tips, unearned income, and net earnings from a trade or business” means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business” means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB50-ASA2-AA19,58 Section 58. 71.63 (6) (n) (intro.) of the statutes is renumbered 71.63 (6) (n) and amended to read:

AB50-ASA2-AA19,27,12 71.63 (6) (n) In the form of tips paid to employees if:.

AB50-ASA2-AA19,59 Section 59. 71.63 (6) (n) 1. of the statutes is repealed.

AB50-ASA2-AA19,60 Section 60. 71.63 (6) (n) 2. of the statutes is repealed.

AB50-ASA2-AA19,9337 Section 9337. Initial applicability; Revenue.

AB50-ASA2-AA19,27,19 (1) The treatment of s. 71.05 (1) (j) and (6) (b) 19. cm. and dm., 28. e. and f., 32. b. and c., 33. b. and c., 35. c. and d., 38. c. and d., 42. c. and d., and 43. f., the renumbering and amendment of s. 71.63 (6) (n) (intro.), and the repeal of s. 71.63 (6) (n) 1. and 2. first apply to taxable years beginning after December 31, 2024.”.

AB50-ASA2-AA19,27,20 13. At the appropriate places, insert all of the following:

AB50-ASA2-AA19,27,21 “Section 61. 71.07 (3y) (b) 6. of the statutes is amended to read:

AB50-ASA2-AA19,28,4 71.07 (3y) (b) 6. For taxable years beginning after December 31, 2023, and before January 1, 2025, the amount of the investment in workforce housing, as defined in s. 234.66 (1) (i), for employees, not to exceed 15 percent of such investment, and, for taxable years beginning after December 31, 2023, the amount of the investment in establishing an employee child care program for employees, not to exceed 15 percent of such investment, as determined by the Wisconsin Economic Development Corporation.

AB50-ASA2-AA19,62 Section 62. 71.07 (3y) (b) 7. of the statutes is created to read:

AB50-ASA2-AA19,28,10 71.07 (3y) (b) 7. For taxable years beginning after December 31, 2024, the amount of the investment in workforce housing, as defined in s. 234.66 (1) (i), for employees, including contributions made by the person to a 3rd party responsible for building or rehabilitating workforce housing, including contributions made to a local revolving loan fund program, not to exceed 15 percent of such investment.

AB50-ASA2-AA19,63 Section 63. 71.28 (3y) (b) 6. of the statutes is amended to read:

AB50-ASA2-AA19,28,18 71.28 (3y) (b) 6. For taxable years beginning after December 31, 2023, and before January 1, 2025, the amount of the investment in workforce housing, as defined in s. 234.66 (1) (i), for employees, not to exceed 15 percent of such investment, and, for taxable years beginning after December 31, 2023, the amount of the investment made in establishing an employee child care program for employees, not to exceed 15 percent of such investment, as determined by the Wisconsin Economic Development Corporation.

AB50-ASA2-AA19,64 Section 64. 71.28 (3y) (b) 7. of the statutes is created to read:

AB50-ASA2-AA19,28,24 71.28 (3y) (b) 7. For taxable years beginning after December 31, 2024, the amount of the investment in workforce housing, as defined in s. 234.66 (1) (i), for employees, including contributions made by the person to a 3rd party responsible for building or rehabilitating workforce housing, including contributions made to a local revolving loan fund program, not to exceed 15 percent of such investment.

AB50-ASA2-AA19,65 Section 65. 71.47 (3y) (b) 6. of the statutes is amended to read: