AB2,25
4Section 25
. 71.05 (1) (an) of the statutes is amended to read:
AB2,15,95
71.05
(1) (an)
Uniformed services retirement benefits. All retirement payments
6received from the U.S. government that relate to service with the coast guard, the
7commissioned corps of the national oceanic and atmospheric administration, or the
8commissioned corps of the public health service, to the extent that such payments are
9not exempt under par. (a)
, (ae), or (am)
or sub. (6) (b) 54.
AB2,26
10Section 26
. 71.05 (6) (b) 4. of the statutes is renumbered 71.05 (6) (b) 4. (intro.)
11and amended to read:
AB2,16,812
71.05
(6) (b) 4. (intro.) Disability payments other than disability payments that
13are paid from a retirement plan, the payments from which are exempt under
sub. 14subs. (1)
(ae), (am)
, and (an)
and (6) (b) 54., if the individual either is single or is
15married and files a joint return
, to the extent those payments are excludable under
16section 105 (d) of the Internal Revenue Code as it existed immediately prior to its
17repeal in 1983 by section 122 (b) of P.L. 98-21, except that if an individual is divorced
18during the taxable year that individual may subtract an amount only if that person
19is disabled and the amount that may be subtracted then is $100 for each week that
20payments are received or the amount of disability pay reported as income, whichever
21is less. If the exclusion under this subdivision is claimed on a joint return and only
22one of the spouses is disabled, the maximum exclusion is $100 for each week that
23payments are received or the amount of disability pay reported as income, whichever
24is less. and is under 65 years of age before the close of the taxable year to which the
25subtraction relates, retired on disability, and, when the individual retired, was
1permanently and totally disabled. In this subdivision, “permanently and totally
2disabled" means an individual who is unable to engage in any substantial gainful
3activity by reason of any medically determinable physical or mental impairment that
4can be expected to result in death or which has lasted or can be expected to last for
5a continuous period of not less than 12 months. An individual shall not be considered
6permanently and totally disabled for purposes of this subdivision unless proof is
7furnished in such form and manner, and at such times, as prescribed by the
8department. The exclusion under this subdivision shall be determined as follows:
AB2,27
9Section 27
. 71.05 (6) (b) 4. a. to c. of the statutes are created to read:
AB2,16,1310
71.05
(6) (b) 4. a. If the individual is single and the individual's federal adjusted
11gross income in the year to which the subtraction relates is less than $20,200, the
12maximum subtraction is $100 for each week that payments are received or the
13amount of disability pay reported as income, whichever is less.
AB2,16,1814
b. If the individual is married and filing a joint return and the couple's federal
15adjusted gross income in the year to which the subtraction relates is less than
16$20,200, or $25,400 if both spouses are disabled, the maximum subtraction is $100
17for each week that payments are received, per spouse if both spouses are disabled,
18or the amount of disability pay reported as income, whichever is less.
AB2,16,2319
c. If the federal adjusted gross income of the individual, or individuals if filing
20a joint return, for the taxable year, determined without regard to this subd. 4.,
21exceeds $15,000, the amount subtracted under this subd. 4. for the taxable year shall
22be reduced by an amount equal to the excess of the federal adjusted gross income over
23$15,000.
AB2,28
24Section 28
. 71.05 (6) (b) 17. and 18. of the statutes are repealed.
AB2,29
25Section 29
. 71.05 (6) (b) 19. c. of the statutes is amended to read:
AB2,17,6
171.05
(6) (b) 19. c. For
taxable years beginning before January 1, 2021, for a
2person who is a nonresident or a part-year resident of this state, modify the amount
3calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
4of which is the person's net earnings from a trade or business that are taxable by this
5state and the denominator of which is the person's total net earnings from a trade
6or business.
AB2,30
7Section 30
. 71.05 (6) (b) 19. cm. of the statutes is created to read:
AB2,17,208
71.05
(6) (b) 19. cm. For taxable years beginning after December 31, 2020, for
9a person who is a nonresident or a part-year resident of this state, modify the amount
10calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
11of which is the person's wages, salary, tips, unearned income, and net earnings from
12a trade or business that are taxable by this state and the denominator of which is the
13person's total wages, salary, tips, unearned income, and net earnings from a trade
14or business. In this subd. 19. cm., for married persons filing separately “
wages,
15salary, tips, unearned income, and net earnings from a trade or business" means the
16separate wages, salary, tips, unearned income, and net earnings from a trade or
17business of each spouse, and for married persons filing jointly “wages, salary, tips,
18unearned income, and net earnings from a trade or business" means the total wages,
19salary, tips, unearned income, and net earnings from a trade or business of both
20spouses.
AB2,31
21Section 31
. 71.05 (6) (b) 19. d. of the statutes is amended to read:
AB2,17,2422
71.05
(6) (b) 19. d.
Reduce
For taxable years beginning before January 1, 2021,
23reduce the amount calculated under subd. 19. b. or c. to the person's aggregate net
24earnings from a trade or business that are taxable by this state.
AB2,32
25Section 32
. 71.05 (6) (b) 19. dm. of the statutes is created to read:
AB2,18,4
171.05
(6) (b) 19. dm. For taxable years beginning after December 31, 2020,
2reduce the amount calculated under subd. 19. b. or cm. to the person's aggregate
3wages, salary, tips, unearned income, and net earnings from a trade or business that
4are taxable by this state.
AB2,33
5Section 33
. 71.05 (6) (b) 20., 36., 37., 39., 40. and 41. of the statutes are
6repealed.
AB2,34
7Section 34
. 71.05 (6) (b) 54. of the statutes is created to read:
AB2,18,138
71.05
(6) (b) 54. Except for a payment that is exempt under sub. (1) (a), (am),
9or (an), or that is exempt as a railroad retirement benefit, for taxable years beginning
10after December 31, 2019, up to $5,000 of payments or distributions received each
11year by an individual from a qualified retirement plan under the Internal Revenue
12Code or from an individual retirement account established under
26 USC 408, if all
13of the following conditions apply:
AB2,18,1514
a. The individual is at least 65 years of age before the close of the taxable year
15to which the exemption claim relates.
AB2,18,1816
b. If the individual is single or files as head of household, his or her federal
17adjusted gross income in the year to which the exemption claim relates is less than
18$15,000.
AB2,18,2019
c. If the individual is married and is a joint filer, the couple's federal adjusted
20gross income in the year to which the exemption claim relates is less than $30,000.
AB2,18,2321
d. If the individual is married and files a separate return, the sum of both
22spouses' federal adjusted gross income in the year to which the exemption claim
23relates is less than $30,000.
AB2,35
24Section 35
. 71.07 (5) (a) 15. of the statutes is amended to read:
AB2,19,6
171.07
(5) (a) 15. The amount claimed as a deduction for medical care insurance
2under section
213 of the Internal Revenue Code that is exempt from taxation under
3s. 71.05 (6) (b)
17. to 20. 19., 35.,
36., 37., 38.,
39., 40., 41., and 42. and the amount
4claimed as a deduction for a long-term care insurance policy under section
213 (d)
5(1) (D) of the Internal Revenue Code, as defined in section
7702B (b) of the Internal
6Revenue Code that is exempt from taxation under s. 71.05 (6) (b) 26.
AB2,36
7Section
36. 71.07 (9m) (h) of the statutes is amended to read:
AB2,19,198
71.07
(9m) (h) Any person, including a nonprofit entity described in section
501 9(c) (3) of the Internal Revenue Code, may sell or otherwise transfer the credit under
10par. (a) 2m. or 3., in whole or in part, to another person who is subject to the taxes
11imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
12transfer, and submits with the notification a copy of the transfer documents, and the
13department certifies ownership of the credit with each transfer.
The transferor may
14file a claim for more than one taxable year on a form prescribed by the department
15to compute all years of the credit under par. (a) 2m. or 3., at the time of the transfer
16request. The transferee may first use the credit to offset tax in the taxable year of
17the transferor in which the transfer occurs and may use the credit only to offset tax
18in taxable years otherwise allowed to be claimed and carried forward by the original
19claimant.
AB2,37
20Section 37
. 71.22 (4) (c), (d), (e), (f), (g), (h) and (i) of the statutes are repealed.