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LRB-3008/1
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2021 - 2022 LEGISLATURE
May 14, 2021 - Introduced by Senators Kooyenga, Ballweg, Jacque and Nass,
cosponsored by Representatives Sortwell, Brooks, Allen, Dittrich,
Horlacher, Knodl, Krug, Kuglitsch, Moses, Murphy, Steffen, Thiesfeldt,
Wichgers and Zimmerman. Referred to Committee on Financial Institutions
and Revenue.
SB339,1,2 1An Act to renumber and amend 71.05 (10) (c); and to create 71.05 (10) (c) 2.
2and 3. of the statutes; relating to: increasing the net capital loss deduction.
Analysis by the Legislative Reference Bureau
This bill increases the maximum amount that individuals may claim as the net
capital loss deduction to the same amount currently allowed under federal law.
Under current law, an individual subtracts his or her capital losses from capital
gains when computing the amount of gain subject to Wisconsin income tax. If the
capital losses exceed the capital gains, the individual may use up to $500 of the net
loss to offset ordinary income, thus reducing the amount of ordinary income subject
to tax. If the individual's net capital loss exceeds $500, the individual may carry
forward the excess to future years and offset up to $500 of ordinary income each year
until the net loss is used up. Federal law similarly allows individuals to offset net
capital losses against ordinary income and carry forward the excess. However, the
maximum annual offset under federal law is $3,000, which is reduced to $1,500 for
married individuals who file separate returns.
The bill increases the maximum annual offset for Wisconsin income tax
purposes from $500 to $1,500 for married individuals filing separately and $3,000
for all other individuals. The bill applies to taxable years beginning after December
31, 2022.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB339,1 1Section 1 . 71.05 (10) (c) of the statutes is renumbered 71.05 (10) (c) 1. and
2amended to read:
SB339,2,93 71.05 (10) (c) 1. The For taxable years ending before January 1, 2023, the
4amount required so that the net capital loss, after netting capital gains and capital
5losses to arrive at total capital gain or loss, is offset against ordinary income only to
6the extent of $500. Losses and, except as provided in subd. 3., losses in excess of $500
7shall be carried forward to the next taxable year and offset against ordinary income
8up to the limit under this paragraph subdivision. Losses shall be used in the order
9in which they accrue.
SB339,2 10Section 2 . 71.05 (10) (c) 2. and 3. of the statutes are created to read:
SB339,2,1611 71.05 (10) (c) 2. For taxable years beginning after December 31, 2022, the
12amount required so that the net capital loss, after netting capital gains and capital
13losses to arrive at total capital gain or loss, is offset against ordinary income only to
14the extent of $3,000. Any excess net capital loss shall be carried forward to the next
15taxable year, subject to subd. 3. If the taxpayer is a married person who files
16separately, the $3,000 limitation in this subdivision shall be $1,500.
SB339,3,217 3. A net capital loss that is carried forward to a taxable year beginning after
18December 31, 2022, shall be offset against ordinary income, limited to $3,000, in that
19taxable year. Losses shall be used in the order in which they accrue. If the taxpayer

1is a married person who files separately, the $3,000 limitation in this subdivision
2shall be $1,500.
SB339,3,33 (End)
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