AB43: Bill Text

AB43,1506 Section 1506. 71.47 (3w) (bm) 4. of the statutes is amended to read:

AB43,,3863 71.47 (3w) (bm) 4. In addition to the credits under par. pars. (b) and (bd) and subds. 1., 2., and 3., and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 2009 stats., for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the tax imposed under s. 71.43, up to 1 percent of the amount that the claimant paid in the taxable year to purchase tangible personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services from Wisconsin vendors, as determined under s. 238.399 (5) (e) or s. 560.799 (5) (e), 2009 stats., except that the claimant may not claim the credit under this subdivision and subd. 3. for the same expenditures.

AB43,1507 Section 1507. 71.47 (3w) (c) 5. of the statutes is created to read:

AB43,,3865 71.47 (3w) (c) 5. A claimant may claim a credit under par. (bm) 2. for no more than 5 consecutive taxable years.

AB43,1508 Section 1508. 71.47 (3w) (cm) of the statutes is created to read:

AB43,,3867 71.47 (3w) (cm) Inflation adjustments. For taxable years beginning after December 31, 2024, the dollar amounts in pars. (a) 6. b., (bd) 1. a. and b., 2., and 3., and (bm) 2. b. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the year before the previous year, as determined by the federal department of labor. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10.

AB43,1509 Section 1509. 71.47 (3y) (b) 5. of the statutes is amended to read:

AB43,,3869 71.47 (3y) (b) 5. An For taxable years beginning before January 1, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant’s location or retention of the claimant’s corporate headquarters in Wisconsin and the job duties associated with the eligible employee’s position involve the performance of corporate headquarters functions.

AB43,1510 Section 1510. 71.47 (3y) (b) 5m. of the statutes is created to read:

AB43,,3871 71.47 (3y) (b) 5m. For taxable years beginning after December 31, 2022, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant’s location or retention of the claimant’s corporate headquarters in Wisconsin.

AB43,1511 Section 1511. 71.47 (3y) (b) 6. of the statutes is created to read:

AB43,,3873 71.47 (3y) (b) 6. For taxable years beginning after December 31, 2023, an amount, as determined by the Wisconsin Economic Development Corporation under s. 238.308 (4) (a) 6., equal to a percentage, not to exceed 25 percent, of the claimant’s energy efficiency or renewable energy project expenditures on real or personal property located in this state.

AB43,1512 Section 1512. 71.47 (4) (k) 1. b. of the statutes is amended to read:

AB43,,3875 71.47 (4) (k) 1. b. For taxable years beginning after December 31, 2020 and before January 1, 2024, the amount of the claim not used to offset the tax due, up to 15 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB43,1513 Section 1513. 71.47 (4) (k) 1. c. of the statutes is created to read:

AB43,,3877 71.47 (4) (k) 1. c. For taxable years beginning after December 31, 2023, the amount of the claim not used to offset the tax due, not to exceed 50 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB43,1514 Section 1514. 71.47 (8b) (a) 5. of the statutes is amended to read:

AB43,,3879 71.47 (8b) (a) 5. “Credit period” means the period of 6 10 taxable years beginning with the taxable year in which a qualified development is placed in service. For purposes of this subdivision, if a qualified development consists of more than one building, the qualified development is placed in service in the taxable year in which the last building of the qualified development is placed in service.

AB43,1515 Section 1515. 71.47 (8b) (a) 7. of the statutes is amended to read:

AB43,,3881 71.47 (8b) (a) 7. “Qualified development” means a qualified low-income housing project under section 42 (g) of the Internal Revenue Code that is financed with tax-exempt bonds, pursuant to section 42 (i) (2) described in section 42 (h) (4) (A) of the Internal Revenue Code, allocated the credit under section 42 of the Internal Revenue Code, and located in this state; except that the authority may waive, in the qualified allocation plan under section 42 (m) (1) (B) of the Internal Revenue Code, the requirements of tax-exempt bond financing and federal credit allocation to the extent the authority anticipates that sufficient volume cap under section 146 of the Internal Revenue Code will not be available to finance low-income housing projects in any year.

AB43,1516 Section 1516. 71.47 (8m) of the statutes is created to read:

AB43,,3883 71.47 (8m) Universal changing station credit. (a) Definitions. In this subsection:

AB43,,3884 1. “Claimant” means a person who files a claim under this subsection and meets either of the following conditions during the preceding taxable year:

AB43,,3885 a. Had gross receipts that did not exceed $1,000,000.

AB43,,3886 b. Employed no more than 30 full-time employees.

AB43,,3887 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.

AB43,,3888 3. “Universal changing station” has the meaning given in s. 71.07 (8m) (a) 3.

AB43,,3889 (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. 71.43, 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.

AB43,,3890 (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.

AB43,,3891 2. The credit claimed under this subsection may not exceed $5,125.

AB43,,3892 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.

AB43,,3893 (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.

AB43,1517 Section 1517. 71.49 (1) (cu) of the statutes is created to read:

AB43,,3895 71.49 (1) (cu) Universal changing station credit under s. 71.47 (8m).

AB43,1518 Section 1518. 71.52 (4) of the statutes is amended to read:

AB43,,3897 71.52 (4) “Household” means a claimant and an individual related to the claimant as husband or wife his or her spouse.

AB43,1519 Section 1519. 71.52 (7) of the statutes is amended to read:

AB43,,3899 71.52 (7) “Property taxes accrued” means real or personal property taxes or monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special assessments, delinquent interest and charges for service, levied on a homestead owned by the claimant or a member of the claimant’s household. “Real or personal property taxes” means those levied under ch. 70, less the tax credit, if any, afforded in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons or entities as joint tenants or tenants in common or is owned as marital property or survivorship marital property and one or more such persons, entities or owners is not a member of the claimant’s household, property taxes accrued is that part of property taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10, that reflects the ownership percentage of the claimant and the claimant’s household, except that if a homestead is owned by 2 or more natural persons or if 2 or more natural persons have an interest in a homestead, one or more of whom is not a member of the claimant’s household, and the claimant has a present interest, as that term is used in s. 700.03 (1), in the homestead and is required by the terms of a will that transferred the homestead or interest in the homestead to the claimant to pay the entire amount of property taxes levied on the homestead, property taxes accrued is property taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10. A marital property agreement or unilateral statement under ch. 766 has no effect in computing property taxes accrued for a person whose homestead is not the same as the homestead of that person’s spouse. For purposes of this subsection, property taxes are “levied” when the tax roll is delivered to the local treasurer for collection. If a homestead is sold or purchased during the calendar year of the levy, the property taxes accrued for the seller and the buyer are the amount of the tax levy prorated to each in proportion to the periods of time each both owned and occupied the homestead during the year to which the claim relates. The seller may use the closing agreement pertaining to the sale of the homestead, the property tax bill for the year before the year to which the claim relates or the property tax bill for the year to which the claim relates as the basis for computing property taxes accrued, but those taxes are allowable only for the portion of the year during which the seller owned and occupied the sold homestead. If a household owns and occupies 2 or more homesteads in the same calendar year, property taxes accrued is the sum of the prorated property taxes accrued attributable to the household for each of such homesteads. If the household owns and occupies the homestead for part of the calendar year and rents a homestead for part of the calendar year, it may include both the proration of taxes on the homestead owned and rent constituting property taxes accrued with respect to the months the homestead is rented in computing the amount of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose or multidwelling building, property taxes accrued are the percentage of the property taxes accrued on that part of the multipurpose or multidwelling building occupied by the household as a principal residence plus that same percentage of the property taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably necessary for use of the multipurpose or multidwelling building as a principal residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part of a farm, property taxes accrued are the property taxes accrued on up to 120 acres of the land contiguous to the claimant’s principal residence and include the property taxes accrued on all improvements to real property located on such land, except as the limitations of s. 71.54 (2) (b) apply.

AB43,1520 Section 1520. 71.54 (1) (g) (intro.) of the statutes is amended to read:

AB43,,3901 71.54 (1) (g) 2012 and thereafter to 2023. (intro.) The amount of any claim filed in 2012 and thereafter to 2023 and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB43,1521 Section 1521. 71.54 (1) (g) 4. of the statutes is amended to read:

AB43,,3903 71.54 (1) (g) 4. Except as provided in subds. 5. and 7., for For claims filed in 2018 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year, no credit may be allowed under this paragraph if the claimant has no earned income in the taxable year to which the claim relates unless the claimant is disabled and provides the proof required under subd. 6. or the claimant or the claimant’s spouse is over the age of 61 at the close of the year to which the claim relates.

AB43,1522 Section 1522. 71.54 (1) (g) 5. of the statutes is repealed.

AB43,1523 Section 1523. 71.54 (1) (g) 6. (intro.) of the statutes is amended to read:

AB43,,3906 71.54 (1) (g) 6. (intro.) With regard to a claimant who is disabled, the A claimant who is disabled shall provide with his or her return proof that his or her disability is in effect for the taxable year to which the claim relates. Proof of disability may be demonstrated by any of the following:

AB43,1524 Section 1524. 71.54 (1) (g) 7. of the statutes is repealed.

AB43,1525 Section 1525. 71.54 (1) (h) of the statutes is created to read:

AB43,,3909 71.54 (1) (h) 2024 and thereafter. Subject to sub. (2m), the amount of any claim filed in 2024 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

AB43,,3910 1. If the household income was $8,060 or less in the year to which the claim relates, the claim is limited to 80 percent of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant’s homestead.

AB43,,3911 2. If the household income was more than $8,060 in the year to which the claim relates, the claim is limited to 80 percent of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant’s homestead exceeds 5.614 percent of the household income exceeding $8,060.

AB43,,3912 3. No credit may be allowed if the household income exceeds $35,000.

AB43,,3913 4. Notwithstanding the time limitations described in par. (g) (intro.), the provisions of par. (g) 4. apply to claims filed under this paragraph.

AB43,1526 Section 1526. 71.54 (2) (b) 4. of the statutes is amended to read:

AB43,,3915 71.54 (2) (b) 4. In calendar years 2011 or any subsequent calendar year to 2022, $1,460.

AB43,1527 Section 1527. 71.54 (2) (b) 5. of the statutes is created to read:

AB43,,3917 71.54 (2) (b) 5. Subject to sub. (2m), in calendar year 2023 or any subsequent calendar year, $1,460.

AB43,1528 Section 1528. 71.54 (2m) of the statutes is amended to read:

AB43,,3919 71.54 (2m) Indexing for inflation; 2010 2024 and thereafter. (a) For calendar years beginning after December 31, 2009, and before January 1, 2011 2023, the dollar amounts of the threshold income under sub. (1) (f) (h) 1. and 2., the maximum household income under sub. (1) (f) (h) 3., and the maximum property taxes under sub. (2) (b) 3. 5. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for the month of August of the year before the previous year through the month of July of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month average of the U.S. consumer price index for August 2007 2021 through July 2008 2022, as determined by the federal department of labor, except that the adjustment may occur only if the percentage is a positive number. Each amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.

AB43,,3920 (b) The department of revenue shall annually adjust the slope under sub. (1) (f) (h) 2. such so that, as a claimant’s income increases from the threshold income as calculated adjusted under par. (a), to an amount that exceeds the maximum household income as calculated adjusted under par. (a), the credit that may be claimed is reduced to $0, and the department of revenue shall incorporate the changes into the income tax forms and instructions.

AB43,1529 Section 1529. 71.78 (4) (m) of the statutes is amended to read:

AB43,,3922 71.78 (4) (m) The chief executive officer of the Wisconsin Economic Development Corporation and employees of the corporation to the extent necessary to administer the development zone program economic development programs under subch. II of ch. 238.

AB43,1530 Section 1530. 71.78 (4) (v) of the statutes is created to read:

AB43,,3924 71.78 (4) (v) The secretary of health services and employees of that department for the purpose of performing an evaluation under s. 71.03 (9).

AB43,1531 Section 1531. 71.78 (5) of the statutes is amended to read:

AB43,,3926 71.78 (5) Agreement with department. Copies of returns and claims specified in sub. (1) and related schedules, exhibits, writings or audit reports shall not be furnished to the persons listed under sub. (4), except persons under sub. (4) (e), (k), (n), (o) and (q) or under an agreement between the department of revenue and another agency of government or the Wisconsin Economic Development Corporation.

AB43,1532 Section 1532. 71.80 (25) (a) of the statutes is renumbered 71.80 (25) and amended to read:

AB43,,3928 71.80 (25) Net operating and business loss carry-forward and carry-back. No offset of Wisconsin income may be made under s. 71.05 (8) (b) 1., 71.26 (4) (a), or 71.45 (4) (a) unless the incurred loss was computed on a return that was filed within 4 years of the unextended due date for filing the original return for the taxable year in which the loss was incurred.

AB43,1533 Section 1533. 71.80 (25) (b) of the statutes is repealed.

AB43,1534 Section 1534. 71.83 (1) (a) 6. of the statutes is amended to read:

AB43,,3931 71.83 (1) (a) 6. ‘Retirement plans.’ Any natural person who is liable for a penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973, 4974, 4975, or 4980A of the Internal Revenue Code is liable for 33 percent of the federal penalty unless the income received is exempt from taxation under s. 71.05 (1) (a) or (6) (b) 54. or 54m. The penalties provided under this subdivision shall be assessed, levied, and collected in the same manner as income or franchise taxes.

AB43,1535 Section 1535. 71.83 (1) (a) 8. of the statutes is amended to read:

AB43,,3933 71.83 (1) (a) 8. ‘Joint return replacing separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax upon the separate return of each spouse and if any part of that excess is attributable to negligence or intentional disregard of this chapter, but without intent to defraud, at the time of the filing of that separate return, then 25 percent of the total amount of that excess shall be added to the tax.

AB43,1536 Section 1536. 71.83 (1) (b) 5. of the statutes is amended to read:

AB43,,3935 71.83 (1) (b) 5. ‘Joint return after separate returns.’ If the amount shown as the tax by the husband and wife spouses on a joint return filed under s. 71.03 (2) (g) to (L) exceeds the sum of the amounts shown as the tax on the separate return of each spouse and if any part of that excess is attributable to fraud with intent to evade tax at the time of the filing of that separate return, then 50 percent of the total amount of that excess shall be added to the tax.

AB43,1537 Section 1537. 71.83 (1) (ch) of the statutes is created to read:

AB43,,3937 71.83 (1) (ch) First-time home buyer savings account withdrawals. If an account holder, as defined under s. 71.10 (10) (a) 1., or an account holder’s estate is required to add any amount to federal adjusted gross income under s. 71.05 (6) (a) 30., the account holder or the account holder’s estate shall also pay an amount equal to 10 percent of the amount that is added to income under s. 71.05 (6) (a) 30. The department of revenue shall assess, levy, and collect the penalty under this paragraph as it assesses, levies, and collects taxes under this chapter.

AB43,1538 Section 1538. Subchapter XVI (title) of chapter 71 [precedes 71.98] of the statutes is amended to read:

AB43,,3939 CHAPTER 71

AB43,,3941 SUBCHAPTER XVI INTERNAL REVENUE CODE UPDATE

AB43,1539 Section 1539. 71.98 of the statutes is repealed and recreated to read:

AB43,,3943 71.98 Internal Revenue Code conformity. The following federal laws, to the extent that they apply to the federal Internal Revenue Code in effect for federal purposes, apply to this chapter:

AB43,,3944 (1) Static conformity. (a) Depreciation and amortization. For taxable years beginning after December 31, 2013, and for purposes of computing depreciation and amortization, the Internal Revenue Code means the Internal Revenue Code in effect for federal purposes on January 1, 2014, except that sections 13201 (f), 13203, 13204, and 13205 of P.L. 115-97, section 2307 of division A of P.L. 116-136, and section 202 of division EE of P.L. 116-260 apply at the same time as for federal purposes.

AB43,,3945 (b) Gain from small business stock. For stock acquired after December 31, 2013, section 1202 of the Internal Revenue Code in effect for federal purposes on December 31, 2012.

AB43,,3946 (2) Continuous conformity. (a) Depletion. For taxable years beginning after December 31, 2013, sections 611 to 617 of the Internal Revenue Code in effect for federal purposes for the year in which the property is placed in service.

AB43,,3947 (b) Expensing of depreciable business assets. For taxable years beginning after December 31, 2013, sections 179, 179A, 179B, 179C, 179D, and 179E of the Internal Revenue Code in effect for federal purposes for the year in which property is placed in service.

AB43,,3948 (c) Trade or business income limitation. For taxable years beginning after December 31, 2013, the section 179 (b) (3) (A) trade or business income limitation is calculated using the Internal Revenue Code defined in s. 71.99.

AB43,,3949 (d) College savings accounts. For taxable years beginning after December 31, 2021, section 529 of the Internal Revenue Code in effect for federal purposes.

AB43,,3950 (e) Milk production termination program. Notwithstanding ss. 71.26 (2) and (3) and 71.99, for natural persons, fiduciaries, trusts, estates, and corporations, at the taxpayer’s option, “Internal Revenue Code,” for taxable year 1986 and subsequent taxable years, includes any revisions to the Internal Revenue Code in effect for federal purposes adopted after January 1, 1986, that relate to the taxation of income derived from any source as a direct consequence of participation in the milk production termination program created by section 101 of P.L. 99-198.

AB43,,3951 (f) Regulated investment companies. Notwithstanding s. 71.99, for natural persons, fiduciaries, trusts, and estates, at the taxpayer’s option, “Internal Revenue Code” for taxable years beginning after December 31, 1987, includes any revisions to section 67 (c) of the Internal Revenue Code in effect for federal purposes adopted after January 1, 1988, that relate to the indirect expenses of regulated investment companies.