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13the department of health services under s. 254.179 (1) and has not been revoked by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.
AB1174,2,1515 2. “Claimant" means a person who files a claim under this subsection.
AB1174,2,1716 3. “Condominium unit" means a unit, as defined in s. 703.02 (15), that is a
17dwelling unit.
AB1174,3,4
14. “Dwelling" means any structure, all or part of which is designed or used for
2human habitation and includes a structure owned and occupied by members of a
3housing cooperative incorporated under ch. 185 or organized under ch. 193. A
4“dwelling" may contain one or more dwelling units.
AB1174,3,75 5. “Dwelling unit" means a structure or that part of a structure that is designed,
6used, or intended to be used as a home or residence by one person or by 2 or more
7persons maintaining a common household, to the exclusion of all others.
AB1174,3,98 6. “Extended dwelling" means a dwelling and the dwelling's utility service
9connections.
AB1174,3,1010 7. “First effective" means:
AB1174,3,1211 a. With respect to a certificate of lead-free status, the date listed on the
12certificate as the certificate's effective date.
AB1174,3,1413 b. With respect to proof of successful abatement, the date on which the
14document is executed.
AB1174,3,1515 8. “Lead-bearing paint hazard" has the meaning given in s. 254.11 (8d).
AB1174,3,1616 9. “Lead hazard" has the meaning given in s. 254.11 (8g).
AB1174,3,2017 10. “Lead hazard abatement" means lead hazard abatement, as defined in s.
18254.11 (8j), that is conducted in accordance with the rules promulgated by the
19department of health services under s. 254.172 (1) by a person certified by the
20department of health services under s. 254.176 (1).
AB1174,3,2321 11. “Lead investigation" means a lead investigation, as defined in s. 254.11 (8s),
22that is conducted in accordance with the rules promulgated by the department of
23health services under s. 254.167.
AB1174,3,2424 12. “Lead risk assessor" has the meaning given in s. 254.11 (9g).
AB1174,4,5
113. “Proof of successful abatement" means a document executed by a certified
2lead risk assessor or other person certified under s. 254.176 that certifies a finding
3by the assessor that lead hazard abatement in or on a dwelling, extended dwelling,
4or condominium unit permanently eliminated all lead hazards in the dwelling,
5extended dwelling, or condominium unit.
AB1174,4,96 14. “Utility service connections" means improvements to real property
7necessary to connect a dwelling or a structure of a condominium, as defined in s.
8703.02 (4), to utility services, including heat, light, water, power,
9telecommunications services, and sewer services.
AB1174,4,1710 (b) Filing claims. Subject to the limitations and conditions provided in this
11subsection, for a taxable year in which a certificate of lead-free status or proof of
12successful abatement described under par. (c) 2. is first effective, a claimant may
13claim as a credit against the tax imposed under s. 71.02, up to the amount of those
14taxes, an amount equal to the amount the claimant paid for lead hazard abatement
15in or on a dwelling, extended dwelling, or condominium unit in this state owned by
16the claimant to which the certificate of lead-free status or proof of successful
17abatement relates.
AB1174,5,218 (c) Limitations and conditions. 1. Before commencing lead hazard abatement
19for which a credit may be claimed under this subsection, a claimant shall have a
20certified lead risk assessor or other person certified by the department of health
21services under s. 254.176 conduct a lead investigation of the dwelling, extended
22dwelling, or condominium unit to which the credit relates and determine that a
23lead-bearing paint hazard or lead hazard exists in or on the dwelling, extended
24dwelling, or condominium unit. In calculating the amount of the credit under this

1subsection, a claimant may not use any amounts paid for lead hazard abatement
2before the lead investigation and determination is completed.
AB1174,5,43 2. A claimant shall submit with the claimant's tax return all of the following
4that are applicable to the claimant's claim:
AB1174,5,85 a. If the lead investigation described under subd. 1. identified the presence of
6a lead-bearing paint hazard in or on the dwelling or condominium unit, a copy of a
7certificate of lead-free status issued with respect to the dwelling or condominium
8unit that is first effective in the taxable year to which the claim relates.
AB1174,5,139 b. If the lead investigation described under subd. 1. identified the presence of
10a lead hazard other than a lead-bearing paint hazard in or on the dwelling, extended
11dwelling, or condominium unit, proof of successful abatement issued with respect to
12the dwelling, extended dwelling, or condominium unit that is first effective in the
13taxable year to which the claim relates.