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2021 - 2022 LEGISLATURE
2021 Assembly BILL 1174
March 10, 2022 - Introduced by Representative Haywood, cosponsored by Senator
Johnson. Referred to Committee on Rules.
AB1174,1,5 1An Act to amend 71.05 (6) (a) 15., 71.21 (4) (a), 71.26 (2) (a) 4., 71.34 (1k) (g) and
271.45 (2) (a) 10.; and to create 71.07 (8g), 71.10 (4) (em), 71.28 (8g), 71.30 (3)
3(am), 71.47 (8g) and 71.49 (1) (am) of the statutes; relating to: creating a
4nonrefundable individual and corporate income and franchise tax credit for
5costs paid to eliminate exposure to a lead hazard in a dwelling.
Analysis by the Legislative Reference Bureau
This bill creates a nonrefundable individual income tax credit and a corporate
income and franchise tax credit for costs paid to eliminate a lead hazard in a dwelling
or residential condominium unit in this state (residence).
Under this bill, an owner of a residence may claim a credit for all costs paid, up
to $1,500 per dwelling unit, to permanently eliminate a lead hazard in a residence.
A dwelling may contain more than one dwelling unit. To claim the credit, a claimant
must meet all of the following conditions:
1. A certified professional must investigate the residence and determine that
a lead hazard exists.
2. The lead hazard abatement activities in the residence must be conducted in
accordance with rules promulgated by the Department of Health Services.
3. A certified professional must do one or both of the following: 1) issue a
certificate confirming that the residence is free from lead-bearing paint on the date
of the inspection; or 2) execute a document certifying that the lead hazard abatement
activities permanently eliminated all lead hazards in the residence.

At the option of the owner, the owner may, at the same time the owner
remediates lead hazards in a residence, also remediate any lead hazards present in
the residence's utility service connections and claim a credit for those costs.
The credit is nonrefundable, meaning that it may be claimed only up to the
amount of a taxpayer's income or franchise tax liability. If the amount of the credit
for which a claimant is eligible exceeds the claimant's tax liability, the claimant may
carry forward the excess credit amount for up to the following seven taxable years.
For further information see the state and local 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:
AB1174,1 1Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:
AB1174,2,72 71.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the
3credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t),
4(3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j), (5k), (5r), (5rm), (6n), (8g), and (10) and
5not passed through by a partnership, limited liability company, or tax-option
6corporation that has added that amount to the partnership's, company's, or
7tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).
AB1174,2 8Section 2. 71.07 (8g) of the statutes is created to read:
AB1174,2,109 71.07 (8g) Lead hazard abatement tax credit. (a) Definitions. In this
10subsection:
AB1174,2,1411 1. “Certificate of lead-free status" means a certificate of lead-free status, as
12defined in s. 254.11 (4g), that is issued in accordance with the rules promulgated by
13the department of health services under s. 254.179 (1) and has not been revoked by
14the department of health services.