Amendment AA1-SB70

SB70-AA1,502,5 c. Multiply the amount that is calculated under subd. 6. b. by 10 percent.

SB70-AA1,502,7 d. Multiply the amount of the claimant's net income tax liability by the amount that is calculated under subd. 6. c.

SB70-AA1,502,9 (c) Limitations. 1. No credit may be allowed under this subsection unless it is claimed within the period under s. 71.75 (2).

SB70-AA1,502,11 2. Part-year residents and nonresidents of this state are not eligible for the credit under this subsection.

SB70-AA1,502,13 3. Except as provided in subd. 4., only one credit per household is allowed each year.

SB70-AA1,502,17 4. If a married couple files separately, each spouse may claim the credit calculated under par. (b) 5. or 6., except a married person living apart from the other spouse and treated as single under section 7703 (b) of the Internal Revenue Code may claim the credit under par. (b) 1. or 2.

SB70-AA1,502,19 5. The credit under this subsection may not be claimed by a person who may be claimed as a dependent on the individual income tax return of another taxpayer.

SB70-AA1,502,24 (d) Administration. The department of revenue may enforce the credit under this subsection and may take any action, conduct any proceeding, and proceed as it is authorized in respect to taxes under this chapter. The income tax provisions in this chapter relating to assessments, refunds, appeals, collection, interest, and penalties apply to the credit under this subsection.

SB70-AA1,1105 Section 1105. 71.10 (4) (gye) of the statutes is created to read:

SB70-AA1,503,2 71.10 (4) (gye) Family and individual reinvestment credit under s. 71.07 (5me).”.

SB70-AA1,503,3 187. Page 374, line 11: after that line insert:

SB70-AA1,503,4 “ Section 1106. 71.07 (8p) of the statutes is created to read:

SB70-AA1,503,5 71.07 (8p) Family caregiver tax credit. (a) Definitions. In this subsection:

SB70-AA1,503,7 1. “Claimant" means an individual who files a claim under this subsection for amounts paid for qualified expenses to benefit a qualified family member.

SB70-AA1,503,8 2. “Physician” has the meaning given in s. 36.60 (1) (b).

SB70-AA1,503,11 3. “Qualified expenses” means amounts paid by a claimant in the year to which the claim relates for items that relate directly to the care or support of a qualified family member, including the following:

SB70-AA1,503,13 a. The improvement or alteration of the claimant's primary residence to enable or assist the qualified family member to be mobile, safe, or independent.

SB70-AA1,503,15 b. The purchase or lease of equipment to enable or assist the qualified family member to carry out one or more activities of daily living.

SB70-AA1,503,19 c. The acquisition of goods or services, or support, to assist the claimant in caring for the qualified family member, including employing a home care aide or personal care attendant, adult day care, specialized transportation, legal or financial services, or assistive care technology.

SB70-AA1,503,21 4. “Qualified family member” means an individual to whom all of the following apply:

SB70-AA1,503,23 a. The individual is at least 18 years of age during the taxable year to which the claim relates.

SB70-AA1,504,2 b. The individual requires assistance with one or more daily living activities, as certified in writing by a physician.

SB70-AA1,504,3 c. The individual is the claimant's family member, as defined in s. 46.2805 (6m).

SB70-AA1,504,7 (b) Filing claims. For taxable years beginning after December 31, 2022, and subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, 50 percent of the claimant's qualified expenses.

SB70-AA1,504,15 (c) Limitations. 1. Subject to subds. 2. and 3., the maximum credit that may be claimed under this subsection each taxable year with regard to a particular qualified family member is $500 or, if a claimant is married and filing a separate return, $250. If more than one individual may file a claim under this subsection for a particular qualified family member, the maximum credit specified in this subdivision shall be apportioned among all eligible claimants based on the ratio of their qualified expenses to the total amount of all qualified expenses incurred on behalf of that particular qualified family member, as determined by the department.

SB70-AA1,504,21 2. If the claimant is married and filing jointly and the couple's federal adjusted gross income in the taxable year exceeds $170,000, no credit may be claimed under this subsection. If the claimant is married and filing jointly and the couple's federal adjusted gross income in the taxable year exceeds $150,000, but does not exceed $170,000, the credit claimed under this subsection may not exceed the amount determined as follows:

SB70-AA1,504,23 a. Determine the amount allowed under par. (b) without regard to this subdivision but with regard to subd. 1.

SB70-AA1,504,24 b. Subtract $150,000 from the couple's federal adjusted gross income.

SB70-AA1,504,25 c. Divide the amount determined under subd. 2. b. by $20,000.

SB70-AA1,505,2 d. Multiple the amount determined under subd. 2. a. by the amount determined under subd. 2. c.

SB70-AA1,505,4 e. Subtract the amount determined under subd. 2. d. from the amount determined under subd. 2. a.

SB70-AA1,505,11 3. If the claimant files as a single individual or head of household, or is married and files separately, and the claimant's federal adjusted gross income in the taxable year exceeds $85,000, no credit may be claimed under this subsection. If the claimant files as a single individual or head of household, or is married and files separately, and the claimant's federal adjusted gross income in the taxable year exceeds $75,000, but does not exceed $85,000, the credit claimed under this subsection may not exceed the amount determined as follows:

SB70-AA1,505,13 a. Determine the amount allowed under par. (b) without regard to this subdivision but with regard to subd. 1.

SB70-AA1,505,14 b. Subtract $75,000 from the claimant's federal adjusted gross income.

SB70-AA1,505,15 c. Divide the amount determined under subd. 3. b. by $10,000.

SB70-AA1,505,17 d. Multiple the amount determined under subd. 3. a. by the amount determined under subd. 3. c.

SB70-AA1,505,19 e. Subtract the amount determined under subd. 3. d. from the amount determined under subd. 3. a.

SB70-AA1,505,21 4. No credit may be allowed under this subsection unless it is claimed within the period specified under s. 71.75 (2).

SB70-AA1,505,23 5. No credit may be claimed under this subsection by nonresidents or part-year residents of this state.

SB70-AA1,505,24 6. Qualified expenses may not include any of the following:

SB70-AA1,505,25 a. General food, clothing, or transportation expenses.

SB70-AA1,506,2 b. Ordinary household maintenance or repair expenses that are not directly related or necessary for the care of the qualified family member.

SB70-AA1,506,3 c. Any amount that is paid or reimbursed by insurance or other means.

SB70-AA1,506,6 7. No credit may be allowed under this subsection for a taxable year covering a period of less than 12 months, except for a taxable year closed by reason of the death of the taxpayer.

SB70-AA1,506,8 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB70-AA1,1107 Section 1107. 71.10 (4) (hd) of the statutes is created to read:

SB70-AA1,506,10 71.10 (4) (hd) Family caregiver tax credit under s. 71.07 (8p).”.

SB70-AA1,506,11 188. Page 374, line 11: after that line insert:

SB70-AA1,506,12 “ Section 1108. 71.05 (6) (a) 15. of the statutes is amended to read:

SB70-AA1,506,18 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j), (5k), (5r), (5rm), (6n), (8m), 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, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB70-AA1,1109 Section 1109. 71.07 (8m) of the statutes is created to read:

SB70-AA1,506,21 71.07 (8m) Universal changing station credit. (a) Definitions. In this subsection:

SB70-AA1,507,2 1. “Claimant" means a sole proprietor, a partner of a partnership, a member of a limited liability company, or a shareholder of a tax-option corporation who files a claim under this subsection and meets either of the following conditions during the preceding taxable year:

SB70-AA1,507,3 a. Had gross receipts that did not exceed $1,000,000.

SB70-AA1,507,4 b. Employed no more than 30 full-time employees.

SB70-AA1,507,6 2. “Full-time employee” means an individual who is employed for at least 30 hours per week for 20 or more calendar weeks during a taxable year.

SB70-AA1,507,10 3. “Universal changing station” means a powered and height-adjustable adult changing table that is either floor mounted or wall mounted with a safety rail and can be used by an individual with a disability of either sex and the individual's care provider for personal hygiene and that satisfies all of the following:

SB70-AA1,507,12 a. The changing table can lower to a height of 8 inches and raise to a height of 34 inches.

SB70-AA1,507,13 b. The changing table is at least 31 inches wide by 72 inches long.

SB70-AA1,507,14 c. The changing table supports at least 350 pounds.

SB70-AA1,507,19 (b) Filing claims. For taxable years beginning after December 31, 2022, subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid during the taxable year to install a universal changing station.

SB70-AA1,507,25 (c) Limitations. 1. No credit may be claimed under this subsection unless the universal changing station is installed in a single-occupant restroom that measures at least 8 feet by 10 feet, with adequate space for a wheelchair and a care provider to maneuver; that is equipped with a waste receptacle, a toilet, a lavatory, a soap dispenser, and a paper towel dispenser; and that complies with accessibility standards under the federal Americans with Disabilities Act.

SB70-AA1,508,1 2. The credit claimed under this subsection may not exceed $5,125.

SB70-AA1,508,8 3. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on the amounts paid by the entity. A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members, and shareholders may claim the credit in proportion to their ownership interests.

SB70-AA1,508,10 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB70-AA1,1110 Section 1110. 71.10 (4) (ha) of the statutes is created to read:

SB70-AA1,508,12 71.10 (4) (ha) Universal changing station credit under s. 71.07 (8m).

SB70-AA1,1111 Section 1111. 71.21 (4) (a) of the statutes is amended to read:

SB70-AA1,508,17 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), (8m), and (10) and passed through to partners shall be added to the partnership's income.

SB70-AA1,1112 Section 1112. 71.26 (2) (a) 4. of the statutes is amended to read:

SB70-AA1,508,24 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), (8m), 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).

SB70-AA1,1113 Section 1113. 71.28 (8m) of the statutes is created to read:

SB70-AA1,509,2 71.28 (8m) Universal changing station credit. (a) Definitions. In this subsection:

SB70-AA1,509,4 1. “Claimant" means a person who files a claim under this subsection and meets either of the following conditions during the preceding taxable year:

SB70-AA1,509,5 a. Had gross receipts that did not exceed $1,000,000.

SB70-AA1,509,6 b. Employed no more than 30 full-time employees.

SB70-AA1,509,8 2. “Full-time employee” means an individual who is employed for at least 30 hours per week for 20 or more calendar weeks during a taxable year.

SB70-AA1,509,9 3. “Universal changing station” has the meaning given in s. 71.07 (8m) (a) 3.

SB70-AA1,509,14 (b) Filing claims. For taxable years beginning after December 31, 2022, subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.23, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid during the taxable year to install a universal changing station.

SB70-AA1,509,20 (c) Limitations. 1. No credit may be claimed under this subsection unless the universal changing station is installed in a single-occupant restroom that measures at least 8 feet by 10 feet, with adequate space for a wheelchair and a care provider to maneuver; that is equipped with a waste receptacle, a toilet, a lavatory, a soap dispenser, and a paper towel dispenser; and that complies with accessibility standards under the federal Americans with Disabilities Act.

SB70-AA1,509,21 2. The credit claimed under this subsection may not exceed $5,125.

SB70-AA1,510,3 3. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on the amounts paid by the entity. A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members, and shareholders may claim the credit in proportion to their ownership interests.

SB70-AA1,510,5 (d) Administration. Sub. (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

SB70-AA1,1114 Section 1114. 71.30 (3) (cu) of the statutes is created to read:

SB70-AA1,510,7 71.30 (3) (cu) Universal changing station credit under s. 71.28 (8m).

SB70-AA1,1115 Section 1115. 71.34 (1k) (g) of the statutes is amended to read:

SB70-AA1,510,12 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), (8m), and (10) and passed through to shareholders.

SB70-AA1,1116 Section 1116. 71.45 (2) (a) 10. of the statutes is amended to read:

SB70-AA1,510,20 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), (8m), 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).