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(d) “Claimant” means a person who has an ownership interest in a qualified
4housing development and who files a claim under this section.
AB906,14,65
(e) “Compliance period” means the 10-year period beginning with the first
6taxable year of the credit period.
AB906,14,117
(f) “Credit period” means the 6-year period beginning with the taxable year in
8which a qualified housing development is placed in service. For purposes of this
9paragraph, if a qualified housing development consists of more than one building,
10the qualified housing development is placed in service in the taxable year in which
11the last building is placed in service.
AB906,14,2212
(g) “Qualified basis” means the amount equal to the applicable fraction of the
13adjusted basis of the qualified housing development as of the close of the first taxable
14year of the credit period. The applicable fraction is the smaller of a fraction whose
15numerator is the number of qualified units in the qualified housing development and
16denominator is the total number of residential rental units in the qualified housing
17development or a fraction whose numerator is the total floor space of the qualified
18units in the qualified housing development and denominator is the total floor space
19of all the residential rental units in the qualified housing development. In
20calculating the applicable fraction, the number of qualified units and residential
21rental units and the amount of floor space shall be determined as of the close of the
22taxable year.
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(h) “Qualified housing development” means a residential rental property
24development located in this state if at least 25 percent of the residential rental units
1are rent-restricted units and occupied by individuals whose tenant income is at least
261 percent but not more than 100 percent of area median gross income.
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(i) “Qualified unit” means a rent-restricted unit that is occupied by individuals
4whose tenant income is at least 61 percent but not more than 100 percent of area
5median gross income.
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(j) “Rent-restricted unit” means a residential rental unit if the gross rent with
7respect to the unit does not exceed 30 percent of area median gross income,
8determined as if the unit is occupied by one individual in a unit without a separate
9bedroom and 1.5 individuals for each separate bedroom in any other unit.
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(k) “Tenant income” means the income determined under
26 USC 142 (d) (2)
11(B) of individuals occupying a residential rental unit.
AB906,15,16
12(2) Filing claims. Subject to the limitations provided in this section and in s.
13234.46, for taxable years beginning after December 31, 2019, a claimant may claim
14as a credit against the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the
15amount allocated to the claimant by the authority under s. 234.46 for each taxable
16year within the credit period.
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17(3) Limitations. No insurer may claim the credit under sub. (2) unless the
18claimant includes with the claimant's return a copy of the allocation certificate
19issued for the qualified housing development.
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20(4) Recapture. (a) As of the last day of any taxable year during the compliance
21period, if the qualified basis of a qualified housing development with respect to a
22claimant is less than the qualified basis as of the last day of the previous taxable year,
23the amount of the claimant's tax liability under s. 76.60, 76.63, 76.65, 76.66, or 76.67
24shall be increased by an amount equal to the excess of the aggregate credit claimed
25under this section in prior taxable years over the aggregate credit that would be
1claimed in those years if the full credit amount allocated to the claimant for the credit
2period was claimed ratably over 10 years, plus interest at the overpayment rate
3established under
26 USC 6621.
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(b) Paragraph (a) does not apply if the reduction in qualified basis for the
5taxable year is by reason of a casualty loss if the loss is restored by reconstruction
6or replacement within a reasonable period; a de minimis change in floor space; or a
7disposition of an interest in the qualified housing development if it is reasonably
8expected that the development will continue to be operated as a qualified housing
9development for the remainder of the compliance period.
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(c) In the event that the recapture of a credit is required in a taxable year, the
11taxpayer shall include the recaptured amount of the credit on the return submitted
12for the taxable year in which the recapture event is identified.
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(d) The department shall promulgate rules to implement this subsection.
AB906,16,19
14(5) Carry-forward. If the credit under sub. (2) is not entirely offset against the
15fees under s. 76.60, 76.63, 76.65, 76.66, or 76.67 otherwise due, the unused balance
16may be carried forward and credited against those fees for the following 15 years to
17the extent that it is not offset by those fees otherwise due in all the years between
18the year in which the expense was made and the year in which the carry-forward
19credit is claimed.
AB906,8
20Section
8. 76.67 (2) of the statutes is amended to read:
AB906,17,621
76.67
(2) If any domestic insurer is licensed to transact insurance business in
22another state, this state may not require similar insurers domiciled in that other
23state to pay taxes greater in the aggregate than the aggregate amount of taxes that
24a domestic insurer is required to pay to that other state for the same year less the
25credits under ss. 76.635, 76.636, 76.637, 76.638,
76.639, 76.6395, and 76.655, except
1that the amount imposed shall not be less than the total of the amounts due under
2ss. 76.65 (2) and 601.93 and, if the insurer is subject to s. 76.60, 0.375 percent of its
3gross premiums, as calculated under s. 76.62, less offsets allowed under s. 646.51 (7)
4or under ss. 76.635, 76.636, 76.637, 76.638, 76.639,
76.6395, and 76.655 against that
5total, and except that the amount imposed shall not be less than the amount due
6under s. 601.93.
AB906,9
7Section 9
. 234.46 of the statutes is created to read:
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8234.46 State workforce housing tax credits. (1)
Definitions. In this
9section:
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(a) “Allocation certificate” means a statement issued by the authority certifying
11that a qualified housing development is eligible for a credit under this section and
12specifying the amount of the credit that the owners of the qualified housing
13development may claim for each taxable year of the credit period.
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(b) “Area median gross income” has the meaning as used for purposes of
26 USC
1542.
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(c) “Compliance period” means the 10-year period beginning with the first
17taxable year of the credit period.
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(d) “Credit period” means the 6-year period beginning with the taxable year
19in which a qualified housing development is placed in service. For purposes of this
20paragraph, if a qualified housing development consists of more than one building,
21the qualified housing development is placed in service in the taxable year in which
22the last building is placed in service.
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(e) “Qualified housing development” means a residential rental property
24development located in this state if at least 25 percent of the development's
25residential rental units are rent-restricted units and occupied by individuals whose
1tenant income is at least 61 percent but not more than 100 percent of area median
2gross income.
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(f) “Qualified unit” means a rent-restricted unit that is occupied by individuals
4whose tenant income is at least 61 percent but not more than 100 percent of area
5median gross income.
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(g) “Rent-restricted unit” means a residential rental unit if the gross rent with
7respect to the unit does not exceed 30 percent of area median gross income,
8determined as if the unit is occupied by one individual in a unit without a separate
9bedroom and 1.5 individuals for each separate bedroom in any other unit.
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(h) “State tax credit” means a tax credit under s. 71.07 (8f), 71.28 (8f), 71.47 (8f),
11or 76.6395.
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(i) “Tenant income” means the income determined under
26 USC 142 (d) (2) (B)
13of individuals occupying a residential rental unit.
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14(2) Establishment of program. The authority shall establish a program to
15certify persons to claim state tax credits, in amounts determined by the authority,
16under this section.