AB50: Bill Text

AB50,1409 Section 1409. 71.54 (1) (g) (intro.) of the statutes is amended to read:

AB50,745,16 71.54 (1) (g) 2012 and thereafter to 2025. (intro.) The amount of any claim filed in 2012 and thereafter to 2025 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB50,1410 Section 1410. 71.54 (1) (g) 4. of the statutes is amended to read:

AB50,745,24 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.

AB50,1411 Section 1411. 71.54 (1) (g) 5. of the statutes is repealed.

AB50,1412 Section 1412. 71.54 (1) (g) 6. (intro.) of the statutes is amended to read:

AB50,746,6 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:

AB50,1413 Section 1413. 71.54 (1) (g) 7. of the statutes is repealed.

AB50,1414 Section 1414. 71.54 (1) (h) of the statutes is created to read:

AB50,746,11 71.54 (1) (h) 2026 and thereafter. Subject to sub. (2m), the amount of any claim filed in 2026 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB50,746,15 1. If the household income was $19,000 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.

AB50,746,20 2. If the household income was more than $19,000 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 7.891 percent of the household income exceeding $19,000.

AB50,746,21 3. No credit may be allowed if the household income exceeds $37,500.

AB50,746,23 4. Notwithstanding the time limitations described in par. (g) (intro.), the provisions of par. (g) 4. apply to claims filed under this paragraph.

AB50,1415 Section 1415. 71.54 (2) (b) 4. of the statutes is amended to read:

AB50,747,3 71.54 (2) (b) 4. In calendar years 2011 or any subsequent calendar year to 2024, $1,460.

AB50,1416 Section 1416. 71.54 (2) (b) 5. of the statutes is created to read:

AB50,747,6 71.54 (2) (b) 5. Subject to sub. (2m), in calendar year 2025 or any subsequent calendar year, $1,460.

AB50,1417 Section 1417. 71.54 (2m) of the statutes is amended to read:

AB50,748,2 71.54 (2m) Indexing for inflation; 2010 2026 and thereafter. (a) For calendar years beginning after December 31, 2009, and before January 1, 2011 2025, 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 through July 2008 2024, 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.

AB50,748,8 (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.

AB50,1418 Section 1418. 71.55 (3) of the statutes is amended to read:

AB50,748,15 71.55 (3) Forms to be provided by department. In administering this subchapter, the department of revenue shall make available suitable forms with instructions for claimants, including a form that may be included with, or as a part of, the individual income tax form. In preparing homestead credit property tax and rent rebate forms, the department of revenue shall provide a space for identification of the county and city, village or town in which the claimant resides.

AB50,1419 Section 1419. 71.55 (5) of the statutes is amended to read:

AB50,748,22 71.55 (5) Legislation may be proposed by department. At the end of each fiscal year, the department of revenue shall review the homestead tax credit property tax and rent rebate program and may propose legislation to adjust the amounts of claims allowable under the program, taking into account findings that social security benefits and the cost of living, as reflected in the index computed by the U.S. bureau of labor statistics, have increased or decreased.

AB50,1420 Section 1420. 71.55 (7) of the statutes is amended to read:

AB50,749,10 71.55 (7) Records may be required by department to determine correct credit. To ascertain the correctness of any claim under this subchapter or to determine the amount of the credit under this subchapter of any person, the department may examine, or cause to be examined by any agent or representative designated by the department, any books, papers, records or memoranda bearing on the homestead credit property tax and rent rebate of the person, may require the production of the books, papers, records or memoranda, and require the attendance, of any person having relevant knowledge, and may take testimony and require proof material for its information. Based on the information it discovers, the department shall determine the true amount of homestead credit the property tax and rent rebate during the year or years under investigation.

AB50,1421 Section 1421. 71.63 (6) (n) (intro.) of the statutes is renumbered 71.63 (6) (n) and amended to read:

AB50,749,13 71.63 (6) (n) In the form of tips paid to employees if:.

AB50,1422 Section 1422. 71.63 (6) (n) 1. of the statutes is repealed.

AB50,1423 Section 1423. 71.63 (6) (n) 2. of the statutes is repealed.

AB50,1424 Section 1424. 71.64 (9) (b) (intro.) of the statutes is amended to read:

AB50,749,20 71.64 (9) (b) (intro.) The department shall from time to time adjust the withholding tables to reflect any changes in income tax rates, any applicable surtax or any changes in dollar amounts in s. 71.06 (1), (1m), (1n), (1p), (1q), (1r), and (2) resulting from statutory changes, except as follows:

AB50,1425 Section 1425. 71.67 (5) (a) of the statutes is amended to read:

AB50,750,3 71.67 (5) (a) Wager winnings. A person holding a license to sponsor and manage races under s. 562.05 (1) (b) or (c) shall withhold from the amount of any payment of pari-mutuel winnings under s. 562.065 (3) (a) or (3m) (a) an amount determined by multiplying the amount of the payment by the highest rate applicable to individuals under s. 71.06 (1) (a) to (c), (1m), (1n), (1p), or (1q), or (1r) if the amount of the payment is more than $1,000.

AB50,1426 Section 1426. 71.67 (5m) of the statutes is amended to read:

AB50,750,11 71.67 (5m) Withholding from payments to purchase assignment of lottery prize. A person that purchases an assignment of a lottery prize shall withhold from the amount of any payment made to purchase the assignment the amount that is determined by multiplying the amount of the payment by the highest rate applicable to individuals under s. 71.06 (1) (a) to (c), (1m), (1n), (1p), or (1q), or (1r). Subsection (5) (b), (c) and (d), as it applies to the amounts withheld under sub. (5) (a), applies to the amount withheld under this subsection.

AB50,1427 Section 1427. 71.78 (4) (w) of the statutes is created to read:

AB50,750,15 71.78 (4) (w) The secretary of health services and employees of the department of health services for the purpose of performing an evaluation under s. 71.03 (9) (b).

AB50,1428 Section 1428. 71.78 (4) (x) of the statutes is created to read:

AB50,750,19 71.78 (4) (x) The department of tourism to the extent necessary to administer the tax credits under ss. 71.07 (5f) and (5h), 71.28 (5f) and (5h), and 71.47 (5f) and (5h).

AB50,1429 Section 1429. 71.80 (3m) (c) of the statutes is amended to read:

AB50,751,2 71.80 (3m) (c) If the department determines that a spouse is otherwise entitled to a state tax refund or homestead property tax and rent rebate or farmland credit, it shall notify the spouses under s. 71.74 (11) that the state intends to reduce any state tax refund or a refundable credit due the spouses by the amount credited against any liability under par. (a) or (b) or both.

AB50,1430 Section 1430. 71.83 (1) (a) 8. of the statutes is amended to read:

AB50,751,10 71.83 (1) (a) 8. ‘Joint return replacing separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25 percent of the total amount of that excess shall be added to the tax.

AB50,1431 Section 1431. 71.83 (1) (b) 5. of the statutes is amended to read:

AB50,751,17 71.83 (1) (b) 5. ‘Joint return after separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50 percent of the total amount of that excess shall be added to the tax.

AB50,1432 Section 1432. 71.83 (5) (a) 1. of the statutes is amended to read:

AB50,751,22 71.83 (5) (a) 1. “Credit” means the earned income tax credit under s. 71.07 (9e), the homestead credit property tax and rent rebate under subch. VIII, the farmland preservation credit under subch. IX, or any refundable credit under s. 71.07, 71.28, or 71.47.

AB50,1433 Section 1433. 71.98 (10) of the statutes is created to read:

AB50,752,2 71.98 (10) Federal Tax Cuts and Jobs Act. For taxable years beginning after December 31, 2024, sections 11012, 13221, 13301, 13304 (a), (b), and (d), 13531, and 13601 of P.L. 115-97.

AB50,1434 Section 1434. 73.01 (1) (b) of the statutes is amended to read:

AB50,752,10 73.01 (1) (b) “Small claims” is a matter in which the amount in controversy, including any penalty, after the department of revenue takes its final action on the petition for redetermination is less than $2,500 the amount specified under s. 799.01 (1) (d) for the applicability of ch. 799 to the types of civil actions described in s. 799.01 (1) (d) unless the commission on its own motion determines that the case not be heard as a small claims case or unless the department of revenue determines that the case has statewide significance.

AB50,1435 Section 1435. 73.01 (5) (a) of the statutes is amended to read:

AB50,754,2 73.01 (5) (a) Any person who is aggrieved by a determination of the state board of assessors under s. 70.995 (5n) or (8) or who has filed a petition for redetermination with the department of revenue and who is aggrieved by the redetermination of the department of revenue may, within 60 days of the determination of the state board of assessors or of the department of revenue or, in all other cases, within 60 days after the redetermination but not thereafter, file with the clerk of the commission a petition for review of the action of the department of revenue and the number of copies of the petition required by rule adopted by the commission. Any person who is aggrieved by a determination of the department of transportation under s. 341.405 or 341.45 may, within 30 days after the determination of the department of transportation, file with the clerk of the commission a petition for review of the action of the department of transportation and the number of copies of the petition required by rule adopted by the commission. If a municipality appeals, its appeal shall set forth that the appeal has been authorized by an order or resolution of its governing body and the appeal shall be verified by a member of that governing body as pleadings in courts of record are verified. The clerk of the commission shall transmit one copy to the department of revenue, or to the department of transportation, and to each party. In the case of appeals from manufacturing property assessments, the person assessed shall be a party to a proceeding initiated by a municipality. Any petition for review filed under this paragraph may be submitted electronically. At the time of filing the petition, the petitioner shall pay to the commission a $25 the filing fee applicable under par. (am). The commission shall deposit the fee in the general fund. Within 30 days after such transmission the department of revenue, except for petitions objecting to manufacturing property assessments, or the department of transportation, shall file with the clerk of the commission an original and the number of copies of an answer to the petition required by rule adopted by the commission and shall serve one copy on the petitioner or the petitioner’s attorney or agent. Within 30 days after service of the answer, the petitioner may file and serve a reply in the same manner as the petition is filed. Any person entitled to be heard by the commission under s. 76.38 (12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission within the time and in the manner provided for the filing of petitions in income or franchise tax cases. Such papers may be served as a circuit court summons is served or by certified mail. For the purposes of this subsection, a petition for review is considered timely filed if mailed by certified mail in a properly addressed envelope, with postage duly prepaid, which envelope is postmarked before midnight of the last day for filing, or if submitted electronically, is submitted by midnight of the last day for filing.

AB50,1436 Section 1436. 73.01 (5) (am) of the statutes is created to read:

AB50,754,5 73.01 (5) (am) 1. Except as provided under subd. 2., at the time of filing a petition, the petitioner shall pay to the commission a fee of $250.

AB50,754,7 2. For a petition involving a small claims case, at the time of filing the petition, the petitioner shall pay to the commission a fee of $25.

AB50,1437 Section 1437. 73.03 (40m) of the statutes is amended to read:

AB50,754,10 73.03 (40m) To include on the form on which a homestead credit property tax and rent rebate is claimed information about the property tax deferral program.

AB50,1438 Section 1438. 73.03 (73) (f) 1. of the statutes is amended to read:

AB50,754,16 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.

AB50,1439 Section 1439. 73.17 of the statutes is created to read:

AB50,754,19 73.17 Medical marijuana registry program. (1) Definitions. In this section:

AB50,754,20 (a) “Debilitating medical condition or treatment” means any of the following:

AB50,755,2 1. Cancer; glaucoma; acquired immunodeficiency syndrome; a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; inflammatory bowel disease, including ulcerative colitis or Crohn’s disease; a hepatitis C virus infection; Alzheimer’s disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

AB50,755,6 2. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

AB50,755,7 (b) “Department” means the department of revenue.

AB50,755,8 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

AB50,755,11 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years.

AB50,755,13 (e) “Registrant” means a person who holds a registry identification card issued in sub. (4).

AB50,755,15 (f) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (75).

AB50,755,16 (g) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB50,755,18 (h) “Written certification” means means a statement made by a person’s physician if all of the following apply:

AB50,755,22 1. The statement indicates that, in the physician’s professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person’s use of usable marijuana would likely outweigh the health risks for the person.

AB50,756,3 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person’s medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship.

AB50,756,5 3. The statement is signed by the physician or is contained in the person’s medical records.

AB50,756,7 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

AB50,756,10 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

AB50,756,11 (a) The person’s name, address, and date of birth.

AB50,756,12 (b) A written certification.

AB50,756,14 (c) The name, address, and telephone number of the person’s current physician, as listed in the written certification.

AB50,756,19 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.

AB50,757,4 (4) Issuing a registry identification card and tax exemption certificate. The department shall issue to the applicant a registry identification card and tax exemption certificate within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) or revoked under rules issued by the department under sub. (7), a registry identification card and tax exemption certificate shall expire 4 years from the date of issuance. A tax exemption certificate shall contain the required information, as determined by the department by rule. A registry identification card shall contain all of the following:

AB50,757,5 (a) The name, address, and date of birth of the registrant.

AB50,757,6 (b) The date of issuance and expiration date of the registry identification card.

AB50,757,7 (c) A photograph of the registrant.

AB50,757,8 (d) Other information the department may require by rule.

AB50,757,13 (5) Additional information to be provided by registrant. (a) A registrant shall notify the department of any change in the registrant’s name and address. Each registrant shall notify the department of any change in their physician or of any significant improvement in their health as it relates to their debilitating medical condition or treatment.