LRB-1849/2
JK:jld:jf
2007 - 2008 LEGISLATURE
May 29, 2007 - Introduced by Representatives Albers, Hahn, Wood, Gunderson,
Owens
and Townsend, cosponsored by Senators Leibham, A. Lasee and
Kedzie. Referred to Committee on Ways and Means.
AB369,1,5 1An Act to amend 71.05 (6) (a) 15., 71.21 (4), 71.26 (2) (a), 71.34 (1) (g), 71.45 (2)
2(a) 10. and 77.92 (4); and to create 71.07 (3p), 71.10 (4) (cn), 71.28 (3p), 71.30
3(3) (dn), 71.47 (3p) and 71.49 (1) (dn) of the statutes; relating to: income and
4franchise tax credits for insulating concrete forms used to construct a building
5and energy efficient products.
Analysis by the Legislative Reference Bureau
This bill creates an income and franchise tax credit equal to the amount that
the taxpayer pays in the taxable year to purchase or manufacture insulating concrete
forms used to construct a building and energy efficient products. If the amount of
the credit exceeds the taxpayer's tax liability, the taxpayer does not receive a refund,
but may claim the amount of any unused credit in subsequent 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:
AB369, s. 1 6Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:
AB369,2,5
171.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
2(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3p), (3s), (3t), (3w), (5b), (5d),
3and (5e), (5f), and (5h) and not passed through by a partnership, limited liability
4company, or tax-option corporation that has added that amount to the partnership's,
5company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).
AB369, s. 2 6Section 2. 71.07 (3p) of the statutes is created to read:
AB369,2,87 71.07 (3p) Insulating concrete forms and energy efficient products credit.
8(a) Definitions. In this subsection:
AB369,2,99 1. "Claimant" means a person who files a claim under this subsection.
AB369,2,1110 2. "Insulating concrete form" means a hollow expandable polystyrene form
11system that is filled with concrete and includes the concrete used to fill the form.
AB369,2,1612 (b) Filing claims. Subject to the limitations provided in this subsection, a
13claimant may claim as a credit against the taxes imposed under s. 71.02, up to the
14amount of the taxes, an amount equal to the amount that the claimant paid in the
15taxable year to purchase any of the following for use in this state or to manufacture
16any of the following in this state:
AB369,2,1817 1. Insulating concrete forms used to construct the insulated exterior walls of
18any building.
AB369,2,2019 2. Any item of tangible personal property that is governed by and satisfies any
20of the following standards for energy efficiency:
AB369,2,2121 a. The 2001 supplement of the 2000 International Energy Conservation Code.
AB369,2,2222 b. The 2004 supplement of the 2003 International Energy Conservation Code.
AB369,2,2523 c. The 2007 energy efficiency guidelines established by the federal
24environmental protection agency and the federal department of energy under the
25Energy Star program.
AB369,3,3
1(c) Limitations. 1. No person may claim a credit under this subsection for any
2item for which the person has received a rebate under any state program, including
3a state program operated in conjunction with private entities.
AB369,3,114 2. Partnerships, limited liability companies, and tax-option corporations may
5not claim the credit under this subsection, but the eligibility for, and the amount of,
6the credit are based on their payment of the amounts described under par. (b). A
7partnership, limited liability company, or tax-option corporation shall compute the
8amount of credit that each of its partners, members, or shareholders may claim and
9shall provide that information to each of them. Partners, members of limited liability
10companies, and shareholders of tax-option corporations may claim the credit in
11proportion to their ownership interests.
AB369,3,1312 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
13s. 71.28 (4), applies to the credit under this subsection.
AB369, s. 3 14Section 3. 71.10 (4) (cn) of the statutes is created to read:
AB369,3,1615 71.10 (4) (cn) Insulating concrete forms and energy efficient products credit
16under s. 71.07 (3p).
AB369, s. 4 17Section 4. 71.21 (4) of the statutes is amended to read:
AB369,3,2018 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
19(2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3p), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and
20(5h) and passed through to partners shall be added to the partnership's income.
AB369, s. 5 21Section 5. 71.26 (2) (a) of the statutes is amended to read:
AB369,4,1422 71.26 (2) (a) Corporations in general. The "net income" of a corporation means
23the gross income as computed under the Internal Revenue Code as modified under
24sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit
25computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c)

17., the amount of the credit under s. 71.28 (3) that the taxpayer added to income
2under this paragraph at the time that the taxpayer first claimed the credit plus the
3amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm),
4(1ds), (1dx), (3g), (3n), (3p), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and not passed
5through by a partnership, limited liability company, or tax-option corporation that
6has added that amount to the partnership's, limited liability company's, or
7tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount
8of losses from the sale or other disposition of assets the gain from which would be
9wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise
10disposed of at a gain and minus deductions, as computed under the Internal Revenue
11Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to
12the difference between the federal basis and Wisconsin basis of any asset sold,
13exchanged, abandoned, or otherwise disposed of in a taxable transaction during the
14taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).
AB369, s. 6 15Section 6. 71.28 (3p) of the statutes is created to read:
AB369,4,1716 71.28 (3p) Insulating concrete forms and energy efficient products credit.
17(a) Definitions. In this subsection:
AB369,4,1818 1. "Claimant" means a person who files a claim under this subsection.
AB369,4,2019 2. "Insulating concrete form" means a hollow expandable polystyrene form
20system that is filled with concrete and includes the concrete used to fill the form.
AB369,4,2521 (b) Filing claims. Subject to the limitations provided in this subsection, a
22claimant may claim as a credit against the taxes imposed under s. 71.23, up to the
23amount of the taxes, an amount equal to the amount that the claimant paid in the
24taxable year to purchase any of the following for use in this state or to manufacture
25any of the following in this state:
AB369,5,2
11. Insulating concrete forms used to construct the insulated exterior walls of
2any building.
AB369,5,43 2. Any item of tangible personal property that is governed by and satisfies any
4of the following standards for energy efficiency:
AB369,5,55 a. The 2001 supplement of the 2000 International Energy Conservation Code.
AB369,5,66 b. The 2004 supplement of the 2003 International Energy Conservation Code.
AB369,5,97 c. The 2007 energy efficiency guidelines established by the federal
8environmental protection agency and the federal department of energy under the
9Energy Star program.
AB369,5,1210 (c) Limitations. 1. No person may claim a credit under this subsection for any
11item for which the person has received a rebate under any state program, including
12a state program operated in conjunction with private entities.
AB369,5,2013 2. Partnerships, limited liability companies, and tax-option corporations may
14not claim the credit under this subsection, but the eligibility for, and the amount of,
15the credit are based on their payment of the amounts described under par. (b). A
16partnership, limited liability company, or tax-option corporation shall compute the
17amount of credit that each of its partners, members, or shareholders may claim and
18shall provide that information to each of them. Partners, members of limited liability
19companies, and shareholders of tax-option corporations may claim the credit in
20proportion to their ownership interests.
AB369,5,2221 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
22sub. (4), applies to the credit under this subsection.
AB369, s. 7 23Section 7. 71.30 (3) (dn) of the statutes is created to read:
AB369,5,2524 71.30 (3) (dn) Insulating concrete forms and energy efficient products credit
25under s. 71.28 (3p).
AB369, s. 8
1Section 8. 71.34 (1) (g) of the statutes is amended to read:
AB369,6,42 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
3corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
4(3n), (3p), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to shareholders.
AB369, s. 9 5Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:
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