AB1033: Bill Text

AB1033,20 Section 20 . 71.26 (2) (a) 4. of the statutes, as affected by 2021 Wisconsin Act 127, is amended to read:

AB1033,8,8 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), 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).

AB1033,21 Section 21. 71.28 (5e) of the statutes is repealed.

Note: This Section repeals a corporate credit that does not apply for taxable years that begin after December 31, 2013. Sections 22 and 23 repeal cross-references to this credit.

AB1033,22 Section 22 . 71.30 (3) (es) of the statutes is repealed.

AB1033,23 Section 23 . 71.34 (1k) (g) of the statutes is amended to read:

AB1033,8,15 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), and (10) and passed through to shareholders.

AB1033,24 Section 24 . 71.45 (2) (a) 10. of the statutes, as affected by 2021 Wisconsin Act 127, is amended to read:

AB1033,9,2 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), 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 (1), (3), (3t), (4), (4m), and (5).

AB1033,25 Section 25. 71.47 (5e) of the statutes is repealed.

Note: This Section repeals an insurance company credit that does not apply for taxable years that begin after December 31, 2013. Sections 24 and 26 repeal cross-references to this credit.

AB1033,26 Section 26 . 71.49 (1) (es) of the statutes is repealed.

AB1033,27 Section 27 . 77.51 (5m) of the statutes is repealed.

AB1033,28 Section 28. 77.52 (13) of the statutes is amended to read:

AB1033,9,18 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (64), (66), and (67).

Note: The sale of patient health care records to the patient or to an authorized person is exempt from state sales tax. This Section eliminates the requirement that a purchaser of these products provide the seller with an exemption certificate when making an exempt purchase.

AB1033,29 Section 29. 77.53 (10) of the statutes is amended to read:

AB1033,9,21 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by the department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), (64), (66), and (67).

Note: The sale of patient health care records to the patient or to an authorized person, and the sale of farm-raised fish to a registered fish farm or to a person holding a permit for the stocking of fish, are each exempt from state use tax. This Section eliminates the requirement that a purchaser of either of these products provide the seller with an exemption certificate when making an exempt purchase.

AB1033,30 Section 30. 77.54 (14m) of the statutes is renumbered 77.54 (14) (en) and amended to read:

AB1033,10,16 77.54 (14) (en) For purposes of sub. (14), insulin Insulin furnished by a pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription of a human being.

Note: This Section modifies the current sales tax exemption for insulin furnished by a pharmacist to a person for the treatment of diabetes of a human being by removing the requirement that the purchaser present to the seller a sales tax exemption certificate issued by the Department of Revenue.

AB1033,31 Section 31. 77.585 (9) of the statutes is repealed.

Note: This Section repeals a sales and use tax exemption for certain investments that had to be made within 24 months after July 1, 2007. Section 27 repeals a definition related to this exemption.

AB1033,32 Section 32 . 120.135 of the statutes is repealed.

Note: This Section repeals a statute relating to capital improvement funds for schools. Section 33 deletes a cross-reference to this statute. Section 34 repeals a statute that is obsolete after the repeal of the statute in this Section.

AB1033,33 Section 33 . 121.07 (6) (a) (intro.) of the statutes is amended to read:

AB1033,11,12 121.07 (6) (a) (intro.) “Shared cost" is the sum of the net cost of the general fund and the net cost of the debt service fund, except that “shared cost" excludes any costs, including attorney fees, incurred by a school district as a result of its participation in a lawsuit commenced against the state, beginning with such costs incurred in the fiscal year in which the lawsuit is commenced, excludes any expenditures from a capital improvement fund created under s. 120.135 or a capital improvement trust fund created under s. 120.137, excludes any debt service costs associated with an environmental remediation project under s. 67.05 (7) (er), and excludes the costs of transporting those transfer pupils for whom the school district operating under ch. 119 does not receive intradistrict transfer aid under s. 121.85 (6) as a result of s. 121.85 (6) (am). In this paragraph:

AB1033,34 Section 34 . 121.91 (4) (h) of the statutes is repealed.

AB1033,11,14 (End)