Tax 14.03 Note
Example: Gross amount of a pension. A claimant was entitled to a pension of $8,000 during the year but received only $5,600 after $2,400 was withheld by the payor for payment of health insurance premiums for the claimant. Of the $8,000 pension, $2,000 was a return of the claimant's contribution.
Tax 14.03 Note
The gross pension of $8,000 must be included in income.
Tax 14.03(4)(b)5.
5. Except as provided in subd.
3. e., all payments received for the benefit of a claimant or a member of the claimant's household under the federal social security act, including:
Tax 14.03(4)(b)5.a.
a. All federal social security retirement, disability or survivorship benefits.
Tax 14.03(4)(b)5.c.
c. Medicare premiums deducted from social security benefits received by all members of a household.
Tax 14.03(4)(b)5.d.
d. Supplemental security income, or “SSI" benefits received by persons over 65 years of age, or blind or disabled.
Tax 14.03(4)(b)6.
6. Compensation and other cash benefits received from the United States for past or present service in the armed forces.
Tax 14.03(4)(b)7.
7. Payments made to surviving widows, widowers or parents of veterans by the United States, but not including insurance proceeds received by beneficiaries of National Service Life Insurance.
Tax 14.03(4)(b)8.
8. Proceeds from a personal endowment insurance policy or annuity contract purchased by the recipient.
Tax 14.03(4)(b)10.
10. Nontaxable interest received from the federal government or any of its instrumentalities, or from state or municipal bonds.
Tax 14.03(4)(b)11.
11. Scholarship and fellowship gifts or income and other educational grants, not including student loans.
Tax 14.03(4)(b)12.
12. Unemployment insurance, including railroad unemployment compensation.
Tax 14.03(4)(b)14.
14. Capital gains not included in Wisconsin adjusted gross income, but not including a nonrecognized gain from an involuntary conversion under s. 1033 of the internal revenue code.
Tax 14.03(4)(b)15.
15. A gain on the sale of a personal residence excluded under s. 121 of the internal revenue code. A gain on the sale of a personal residence which would be reportable under the installment sale method if taxable may be reported either in full in the year of sale or each year as payments are received.
Tax 14.03(4)(b)17.
17. Income of a nonresident or part-year resident married to a full-year resident of Wisconsin.
Tax 14.03(4)(b)21.
21. Income from sources outside of Wisconsin which is nontaxable under ch.
71, Stats.
Tax 14.03(4)(c)
(c) The following items deducted in determining Wisconsin adjusted gross income, including items deducted in arriving at partnership, limited liability company and tax-option “S" corporation income or losses reported as a part of Wisconsin adjusted gross income:
Tax 14.03(4)(c)3.
3. Depreciation, including that portion of the standard mileage rate which is determined under the internal revenue code to be depreciation.
Tax 14.03(4)(c)4.
4. Expenses deducted under s. 179 of the internal revenue code, regarding the election to expense certain depreciable business assets.
Tax 14.03(4)(c)6.
6. Contributions to individual retirement accounts under s. 219 of the internal revenue code, including contributions to individual retirement arrangements, or “IRAs," savings incentive match plans for employees, or “SIMPLEs" and simplified employee pension plans, or “SEPs."
Tax 14.03(5)(a)2.
2. Gifts from natural persons, including voluntary support payments.
Tax 14.03(5)(a)3.
3. Relief in kind by a governmental agency, including surplus food, food stamps and payments directly to a supplier of goods or services, such as medical care, food, clothing and residential energy.
Tax 14.03(5)(a)4.
4. The nontaxable portions of lump sum insurance proceeds received:
Tax 14.03(5)(a)4.c.
c. From the surrender of any portion of an insurance policy that does not constitute a personal endowment insurance policy or an annuity contract purchased by the recipient.
Tax 14.03(5)(a)6.
6. Social security or SSI payments received on behalf of a claimant's children or the children of the claimant's household.
Tax 14.03(5)(a)7.
7. The nontaxable portions of pension, annuity, or other retirement plan payments rolled over from one retirement plan to another.
Tax 14.03(5)(a)8.
8. Tax-free exchanges of insurance contracts under s. 1035 of the internal revenue code.
Tax 14.03(5)(a)11.
11. “Foster grandparents program" payments under the federal domestic volunteer service act of 1973.
Tax 14.03(5)(a)12.
12. Community spouse income allowance payments under the Wisconsin spousal impoverishment program, except the portion of the payments includable under Wisconsin marital property law.
Tax 14.03 Note
Note: The determination of household income under Wisconsin marital property law is described in s.
Tax 14.06 (3) (c) 2. Tax 14.03(5)(b)
(b) Amounts added to Wisconsin adjusted gross income under s.
71.52 (6), Stats., on a previous year's homestead credit claim and subsequently repaid may be subtracted from income for the year during which they are repaid.
Tax 14.03(5)(c)
(c) Scholarship and fellowship gifts or income included in Wisconsin adjusted gross income, which were included in income under s.
71.52 (6), Stats., on a previous year's homestead credit claim may be subtracted from income for the current year.
Tax 14.03(6)
(6)
Marital property agreements. Under s.
71.52 (6), Stats., a marital property agreement or unilateral statement under ch.
766, Stats., has no effect in computing income for a person whose homestead is not the same as the homestead of that person's spouse.
Tax 14.03(7)
(7)
Income while temporarily absent from homestead. Income received while temporarily absent from a homestead shall be included in income.
Tax 14.03 Note
Example: The net income from rental of a homestead during a planned temporary absence or earnings from seasonal employment away from the homestead is includable in income.
Tax 14.03 Note
Note: Household income of a claimant who becomes married or divorced during a claim year or occupies a separate dwelling from his or her spouse for any part of a claim year is described in s.
Tax 14.06.
Tax 14.03 Note
Note: Section
71.01 (6), Stats., was revised by
1997 Wis. Act 37, to include provisions of P.L. 105-34, relating to the exclusion of a gain from the sale of a personal residence, effective for sales after May 6, 1997, the same time as for federal purposes. Under the statutes in effect immediately prior to the enactment of
1997 Wis. Act 37, certain gains from the sale of a personal residence could be deferred under s. 1034 of the internal revenue code, and those gains were excludable from income under s.
71.52 (6), Stats. In addition, a gain on the sale of a personal residence excluded under s. 121 of the internal revenue code, which was the once-in-a-lifetime exclusion for a qualifying sale by a person age 55 or older, was includable in income under s.
71.52 (6), Stats.
Tax 14.03 Note
Note: Section
71.52 (6), Stats., was amended by
1997 Wis. Act 27, effective for 1998 homestead credit claims filed in calendar year 1999 and thereafter. Under the statutes in effect immediately prior to the enactment of
1997 Wis. Act 27, scholarship and fellowship amounts described in sub. (5) (c) could not be excluded from income.
Tax 14.03 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90; renum. (3) to (6) to be (4) to (7) and am. (5) (a) 1., cr. (3),
Register, August, 1990, No. 416, eff. 9-1-90; am. (3) (a), (4) (b) 10., 15., 23. d. and f.
Register, June, 1993, No. 450, eff. 7-1-93; cr. (2) (intro.) and (4) (b) 5. e., r. and recr. (4) (b) 3. and (5), am. (3) (a), (b) and (c) 2. and (4) (b) (intro.), 2., 5. (intro.) and a., 7., 11., 12., 14., 15. and 20., renum. (4) (b) 23. (intro.) and a. to i. to be (4) (c) (intro.) and 1. to 9. and am. (4) (c) (intro.) and 6.,
Register, July, 2000, No. 535, eff. 8-1-00; corrections in (4) (b) 3. f. made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register March 2013 No. 687;
CR 16-046: am. (3) (a), (a) (Example), (4) (b) 23. h., (5) (a) 7.
Register January 2018 No. 745, eff. 2-1-18;
CR 19-141: r. (4) (b) 23., cr. (4) (c) 10.
Register September 2020 No. 777, eff. 10-1-20;
CR 22-044: am. (4) (b) 3. e. Register June 2023 No. 810, eff. 7-1-23. Tax 14.04(1)(1)
Purpose. This section clarifies the meaning of “property taxes accrued" as the term applies to homestead credit claims.
Tax 14.04(2)
(2)
Definition. Under s.
71.52 (7), Stats., “property taxes accrued" means real or personal property taxes or monthly parking permit fees under s.
66.0435 (3) (c), Stats., exclusive of special assessments, delinquent interest and charges for service, levied under ch.
70, Stats., on a homestead owned by a claimant or a member of the claimant's household, less the tax credit, if any, afforded in respect of the property by s.
79.10, Stats. With respect to sub.
(3) (e), “property taxes accrued" means the property taxes accrued levied on the former homestead owned by the claimant.
Tax 14.04(3)(a)
(a) Property taxes shall be levied on a homestead or former homestead to qualify as “property taxes accrued."Property taxes are levied when the tax roll is delivered to the local treasurer for collection, usually on or near December 15 of each year.
Tax 14.04(3)(b)
(b) The property taxes accrued on a homestead or former homestead for the year to which a claim relates need not be paid prior to filing a homestead credit claim. The fact that the property taxes accrued on the homestead or former homestead are delinquent for years prior to the year to which a claim relates does not disqualify the claimant.
Tax 14.04(3)(c)
(c) “Property taxes accrued" includes personal property taxes assessed on a homestead or former homestead that is constructed on leased land or assessed on a mobile home owned by the claimant or a member of the claimant's household. “Property taxes accrued" also includes mobile home parking permit fees assessed under s.
66.0435 (3) (c), Stats., for a mobile home owned by the claimant or a member of the claimant's household.
Tax 14.04(3)(d)
(d) Under s.
71.52 (3), Stats., a buyer of a homestead or former homestead in possession under a land contract shall be entitled to claim the property taxes accrued on the homestead or former homestead.
Tax 14.04(3)(e)
(e) Under s.
71.54 (2) (c) 2., Stats., if a claimant has moved from a homestead owned by the claimant to housing that is exempt from taxation under ch.
70, Stats., other than housing for which payments in lieu of taxes are made under s.
66.1201 (22), Stats., and other than a correctional or detention facility, a claim or claims may be allowed based on the property taxes accrued on that former homestead, provided the claimant has attempted to sell the former homestead. The property taxes accrued on the former homestead may be claimed for the period of time ending on the earliest date any of the events in subds.
1. to
4. occurs. If the earliest date any of those events occurs is in the calendar year following the year in which the claimant moves to the tax-exempt housing, the property taxes accrued shall be prorated from the date of the move to December 31 on a claim for the calendar year in which the move occurs, and from January 1 to the earliest date any of the events in subds.
1. to
4. occurs on a claim for the succeeding calendar year. The events after which the property taxes accrued on the former homestead may no longer be claimed are as follows:
Tax 14.04(3)(e)2.
2. The claimant begins to rent out or lease out the former homestead.
Tax 14.04(3)(e)4.
4. Twelve months of time elapses from the date of moving to the tax-exempt housing.
Tax 14.04 Note
Example: A claimant moves on July 1, 2017, from the homestead she owns to an apartment that is exempt from property taxes. She has listed her former homestead for sale with a realtor. While continuing to reside in the apartment, she sells the former homestead; the date on the closing agreement is May 31, 2018. The property taxes accrued on the former homestead are $2,400 for 2017 and the prorated property taxes on the closing agreement are $1,000.
Tax 14.04 Note
The claimant may file a 2017 homestead credit claim, based on the 2017 property taxes accrued of $2,400 for the entire year. She may also file a 2018 claim, based on the property taxes accrued of $1,000, prorated from January 1, 2018, to the date of the sale.
Tax 14.04(4)(a)
(a) Except as provided in pars.
(b) and
(c), a claimant who claims property taxes accrued shall submit with the homestead credit claim a copy of the property tax bill, or if not available, a substitute for the property tax bill containing equivalent information to that appearing on the original property tax bill.
Tax 14.04(4)(b)
(b) If a claimant sells a homestead during the year to which a claim for homestead credit relates, proper verification of property taxes accrued shall be a copy of one of the following documents:
