AB2-ASA2,31,2221
71.26
(3) (ag) (intro.) Section 61 (relating to the definition of gross income) is
22modified to exclude
income the following:
AB2-ASA2,32,3
231. Income received by the original policyholder or original certificate holder
24who has a catastrophic or life-threatening illness or condition from the sale of a life
25insurance policy or certificate, or the sale of the death benefit under a life insurance
1policy or certificate, under a life settlement contract, as defined in s. 632.69 (1) (k).
2In this paragraph, “catastrophic or life-threatening illness or condition" includes
3AIDS, as defined in s. 49.686 (1) (a), and HIV infection, as defined in s. 49.686 (1) (d).
AB2-ASA2,67
4Section
67. 71.26 (3) (ag) 2. of the statutes is created to read:
AB2-ASA2,32,55
71.26
(3) (ag) 2. Income received in the form of a grant issued under s. 73.135.
AB2-ASA2,68
6Section
68. 71.26 (3) (L) of the statutes is amended to read:
AB2-ASA2,32,247
71.26
(3) (L) Section 265 is excluded and replaced by the rule that any amount
8otherwise deductible under this chapter that is directly or indirectly related to
9income wholly exempt from taxes imposed by this chapter or to losses from the sale
10or other disposition of assets the gain from which would be exempt under this
11paragraph if the assets were sold or otherwise disposed of at a gain is not deductible.
12In this paragraph, “wholly exempt income", for corporations subject to franchise or
13income taxes, includes amounts received from affiliated or subsidiary corporations
14for interest, dividends or capital gains that, because of the degree of common
15ownership, control or management between the payor and payee, are not subject to
16taxes under this chapter. In this paragraph, “wholly exempt income", for
17corporations subject to income taxation under this chapter, also includes interest on
18obligations of the United States. In this paragraph, “wholly exempt income" does not
19include income excludable, not recognized, exempt or deductible under specific
20provisions of this chapter. If any expense or amount otherwise deductible is
21indirectly related both to wholly exempt income or loss and to other income or loss,
22a reasonable proportion of the expense or amount shall be allocated to each type of
23income or loss, in light of all the facts and circumstances.
This paragraph does not
24apply to the exclusion under par. (ag) 2.
AB2-ASA2,69
25Section
69. 71.28 (6) (h) of the statutes is amended to read:
AB2-ASA2,33,12
171.28
(6) (h) Any person, including a nonprofit entity described in section
501 2(c) (3) of the Internal Revenue Code, may sell or otherwise transfer the credit under
3par. (a) 2m. or 3., in whole or in part, to another person who is subject to the taxes
4imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
5transfer, and submits with the notification a copy of the transfer documents, and the
6department certifies ownership of the credit with each transfer.
The transferor may
7file a claim for more than one taxable year on a form prescribed by the department
8to compute all years of the credit under par. (a) 2m. or 3., at the time of the transfer
9request. The transferee may first use the credit to offset tax in the taxable year of the
10transferor in which the transfer occurs, and may use the credit only to offset tax in
11taxable years otherwise allowed to be claimed and carried forward by the original
12claimant.
AB2-ASA2,70
13Section 70
. 71.34 (1g) (c), (d), (e), (f), (g), (h) and (i) of the statutes are repealed.
AB2-ASA2,71
14Section 71
. 71.34 (1g) (j) 3. m. of the statutes is created to read:
AB2-ASA2,33,1615
71.34
(1g) (j) 3. m. Sections 101 (m), (n), (o), (p), and (q), 104 (a), and 109 of
16division U of P.L.
115-141.
AB2-ASA2,72
17Section 72
. 71.34 (1g) (j) 3. n. of the statutes is created to read:
AB2-ASA2,33,1918
71.34
(1g) (j) 3. n. Section 102 of division M and sections 110, 111, and 116 (b)
19of division O of P.L.
116-94.
AB2-ASA2,73
20Section 73
. 71.34 (1g) (k) 3. of the statutes is amended to read:
AB2-ASA2,34,221
71.34
(1g) (k) 3. For purposes of this paragraph, “Internal Revenue Code" does
22not include amendments to the federal Internal Revenue Code enacted after
23December 31, 2016, except that “Internal Revenue Code” includes sections 11024,
2411025, and 13543 of P.L.
115-97; sections 40307 and 40413 of P.L. 115-123; sections
1101 (m), (n), (o), (p), and (q), 104 (a), and 109 of division U of P.L. 115-141; and section
2102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94.
AB2-ASA2,74
3Section 74
. 71.34 (1g) (L) 1. of the statutes is amended to read:
AB2-ASA2,34,74
71.34
(1g) (L) 1. For taxable years beginning after December 31, 2017,
and
5before January 1, 2021, for tax option corporations, “Internal Revenue Code" means
6the federal Internal Revenue Code as amended to December 31, 2017, except as
7provided in subds. 2., 3., and 5. and s. 71.98 and subject to subd. 4.
AB2-ASA2,75
8Section
75. 71.34 (1g) (L) 3. of the statutes is amended to read:
AB2-ASA2,34,209
71.34
(1g) (L) 3. For purposes of this paragraph, “Internal Revenue Code" does
10not include amendments to the federal Internal Revenue Code enacted after
11December 31, 2017, except that “Internal Revenue Code” includes
sections 40307,
1240413, and 41113 of P.L. 115-123; sections 101 (m), (n), (o), (p), and (q), 104 (a), 109,
13401 (a) (54) and (b) (15) (A), (B), and (C), 19, 20, 23, 26, 27, and 28 of division U of P.L.
14115-141; sections 102 and 104 of division M, sections 102, 103, 106, 107, 108, 109,
15110, 111, 113, 114, 115, 116, 201, 204, 205, 206, 302, 401, and 601 of division O, section
161302 of division P, and sections 131, 202 (d), and 205 of division Q of P.L. 116-94; 17sections 1106, 2202, 2203, 2204, 2205, 2206, 2307, 3608, 3609, 3701, and 3702 of
18division A of P.L.
116-136; and sections 202, 208, 209, 211, and 214 of division EE and
19sections 276 (a) and (b), 277, 278 (a), (b), (c), and (d), 280, and 285 of division N of P.L.
20116-260.
AB2-ASA2,76
21Section 76
. 71.34 (1g) (L) 4. of the statutes is amended to read:
AB2-ASA2,35,222
71.34
(1g) (L) 4. For purposes of this paragraph, the provisions of federal public
23laws that directly or indirectly affect the Internal Revenue Code, as defined in this
24paragraph, apply for Wisconsin purposes at the same time as for federal purposes
,
25except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207,
113306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97
2first apply for taxable years beginning after December 31, 2017.
AB2-ASA2,77
3Section 77
. 71.34 (1g) (m) of the statutes is created to read:
AB2-ASA2,35,74
71.34
(1g) (m) 1. For taxable years beginning after December 31, 2020, for tax
5option corporations, “Internal Revenue Code" means the federal Internal Revenue
6Code as amended to December 31, 2020, except as provided in subds. 2., 3., and 5. and
7s. 71.98 and subject to subd. 4.
AB2-ASA2,36,68
2. For purposes of this paragraph, “Internal Revenue Code" does not include
9the following provisions of federal public laws for taxable years beginning after
10December 31, 2020: section 13113 of P.L.
103-66; sections 1, 3, 4, and 5 of P.L.
11106-519; sections 101, 102, and 422 of P.L.
108-357; sections 1310 and 1351 of P.L.
12109-58; section 11146 of P.L.
109-59; section 403 (q) of P.L.
109-135; section 513 of
13P.L.
109-222; sections 104 and 307 of P.L.
109-432; sections 8233 and 8235 of P.L.
14110-28; section 11 (e) and (g) of P.L.
110-172; section 301 of P.L.
110-245; section
1515351 of P.L.
110-246; section 302 of division A, section 401 of division B, and sections
16312, 322, 502 (c), 707, and 801 of division C of P.L.
110-343; sections 1232, 1241, 1251,
171501, and 1502 of division B of P.L.
111-5; sections 211, 212, 213, 214, and 216 of P.L.
18111-226; sections 2011 and 2122 of P.L.
111-240; sections 753, 754, and 760 of P.L.
19111-312; section 1106 of P.L.
112-95; sections 104, 318, 322, 323, 324, 326, 327, and
20411 of P.L.
112-240; P.L.
114-7; section 1101 of P.L.
114-74; section 305 of division
21P of P.L.
114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to
22171, 189, 191, 307, 326, and 411 of division Q of P.L.
114-113; sections 11011, 11012,
2313201 (a) to (e) and (g), 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, 13601,
2413801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213, 14214, 14215,
2514221, 14222, 14301, 14302, 14304, and 14401 of P.L.
115-97; sections 40304, 40305,
140306, and 40412 of P.L.
115-123; section 101 (c) of division T of P.L.
115-141;
2sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and (195), (b) (13),
3(17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of division U of P.L.
4115-141; sections 104, 114, 115, 116, 130, and 145 of division Q of P.L.
116-94;
5sections 2304 and 2306 of P.L.
116-136; and sections 111, 114, 115, 116, 118 (a) and
6(d), 133, 137, 138, and 210 of division EE of P.L.
116-260.
AB2-ASA2,36,87
3. For purposes of this paragraph, “Internal Revenue Code" does not include
8amendments to the federal Internal Revenue Code enacted after December 31, 2020.
AB2-ASA2,36,199
4. For purposes of this paragraph, the provisions of federal public laws that
10directly or indirectly affect the Internal Revenue Code, as defined in this paragraph,
11apply for Wisconsin purposes at the same time as for federal purposes, except that
12changes made by sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308,
1340309, 40311, 40414, 41101, 41107, 41114, 41115, and 41116 of P.L.
115-123; section
14101 (a), (b), and (h) of division U of P.L.
115-141; section 1203 of P.L.
116-25; section
151122 of P.L.
116-92; section 301 of division O, section 1302 of division P, and sections
16101, 102, 103, 117, 118, 132, 201, 202 (a), (b), and (c), 204 (a), (b), and (c), 301, and
17302 of division Q of P.L.
116-94; section 2 of P.L.
116-98; and sections 301, 302, and
18304 of division EE of P.L.
116-260 apply for taxable years beginning after December
1931, 2020.
AB2-ASA2,36,23205. For purposes of this paragraph, section
1366 (f) of the Internal Revenue Code
21(relating to pass-through of items to shareholders) is modified by substituting the
22tax under s. 71.35 for the taxes under sections
1374 and
1375 of the Internal Revenue
23Code.
AB2-ASA2,78
24Section
78. 71.34 (1k) (af) of the statutes is created to read:
AB2-ASA2,37,2
171.34
(1k) (af) Section
61 of the Internal Revenue Code is modified so that
2income received in the form of a grant issued under s. 73.135 is not taxable income.