Hurricanes, fires, storms, floods, and other similar casualties may cause persons to suffer losses from damage to property used in a trade or business or for income-producing purposes for which insurance coverage is nominal or nonexistent. Losses sustained from casualties of this kind may be deductible on a federal and a Wisconsin income tax return.
If a taxpayer sustains a casualty loss from a disaster in an area subsequently determined by the president of the United States to warrant federal assistance, section 165
(i) of the Internal Revenue Code gives taxpayers the election to deduct the loss on the return for the current tax year or on the return for the immediately preceding tax year.
The Wisconsin income tax treatment is determined under the federal Internal Revenue Code in effect under s. 71.22 (4)
, Stats., for corporations and s. 71.01 (6)
, Stats., for individuals.
If a corporation, designated agent of a combined group, or an individual desires to make the election after having filed a Wisconsin income tax return for the preceding taxable year, the casualty loss may be claimed by filing an amended Wisconsin return for that year.
Tax 2.98 History
Cr. Register, April, 1978, No. 268
, eff. 5-1-78; r. (2), renum. (3) to be (2) and am. (2) (a) 1. and (b), Register, September, 1983, No. 333
, eff. 10-1-83; am. (1) (a), r. (2) (b), renum. (2) (a) 1. and 2. to be (2) (a) and (b) and am., Register, February, 1990, No. 410
, eff. 3-1-90; CR 10-095
: am. (2) (b) Register November 2010 No. 659
, eff. 12-1-10; CR 13-012
: am. (1) (b) Register August 2013 No. 692
, eff. 9-1-13.
Tax 2.986 Registration of a business under s. 73.03 (69), Stats. Tax 2.986(1)(1)
This section establishes the method of valuing property and the registration deadline for purposes of s. 73.03 (69)
In this section, “doing business in this state" has the meaning given in s. 71.22 (1r)
Method of valuing property.
For purposes of s. 73.03 (69) (b) 2.
, Stats., real and tangible personal property owned by the business shall be valued at its original cost and real and tangible personal property rented by the business shall be valued at an amount equal to the annual rental paid by the business, less any annual rental received by the business from sub-rentals, multiplied by 8.
Except as provided in par. (b)
, a business shall register with the department under s. 73.03 (69)
, Stats., on or before the close of the calendar year for which the business desires registration. A business may not be registered for a calendar year if the registration is not within the time provided in this subsection.
A business that desires registration for the calendar year in which it begins doing business in this state shall register with the department during the following calendar year.
Tax 2.986 Note
Example: Business A begins doing business in Wisconsin on March 8, 2014. Business A must register with the department for calendar year 2014 between January 1, 2015, and December 31, 2015.
Tax 2.986 History
History: CR 14-005
: cr. Register August 2014 No. 704
, eff. 9-1-14.
Dairy and livestock farm investment credit. Tax 2.99 Note
Note: 2005 Wis. Act 25
renamed the “dairy investment credit" the “dairy and livestock farm investment credit," effective for taxable years beginning on or after January 1, 2006. The term “dairy and livestock farm investment credit" as used in this section refers to the “dairy investment credit" for taxable years prior to January 1, 2006.
“Amount the claimant paid in the taxable year" means the purchase price of facilities or equipment acquired and first placed in service in this state during taxable years that begin after December 31, 2003, and before January 1, 2017.
“Dairy farm modernization or expansion" has the meaning as given in ss. 71.07 (3n)
, 71.28 (3n)
, and 71.47 (3n)
, Stats. “Dairy farm modernization or expansion" refers only to those facilities or equipment in this state used exclusively on the claimant's dairy farm related to the dairy animals located on the claimant's dairy farm. “Dairy farm modernization or expansion" does not include the purchase of:
Vehicles licensed for highway use, snowmobiles, and all-terrain vehicles.
“First placed in service" has the meaning as given under Treas. Reg. section 1.167 (a)-11 (e) (1) (i) for purposes of computing depreciation.
Tax 2.99 Note
Note: Treas. Reg. s. 1.167 (a)-11 (e) (1) (i) provides, in part, that property is first placed in service when first placed in a condition or state of readiness and availability for a specifically assigned function.
“Milk production" means the activity of producing and handling milk on the claimant's dairy farm in this state for human consumption, but does not include activities such as transporting, pasteurizing, or homogenizing milk or making butter, cheese, ice cream or other dairy products.
“Used exclusively related to dairy animals" means used in this state on the claimant's dairy farm to the exclusion of all other uses except for other uses not exceeding 5% of total use.
Tax 2.99 History
Emerg. cr. eff. 9-17-04; CR 04-115
: cr. Register March 2005 No. 591
, eff. 4-1-05; CR 12-011
: am. (title), (1), (2) (a) Register July 2012 No. 679
, eff. 1-8-12.