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:
AB369,6,116 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
7computed under s. 71.47 (1dd) to (1dx), (3n), (3p), (3w), (5b), (5e), (5f), (5g), and (5h)
8and not passed through by a partnership, limited liability company, or tax-option
9corporation that has added that amount to the partnership's, limited liability
10company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and
11the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
AB369, s. 10 12Section 10. 71.47 (3p) of the statutes is created to read:
AB369,6,1413 71.47 (3p) Insulating concrete forms and energy efficient products credit.
14(a) Definitions. In this subsection:
AB369,6,1515 1. "Claimant" means a person who files a claim under this subsection.
AB369,6,1716 2. "Insulating concrete form" means a hollow expandable polystyrene form
17system that is filled with concrete and includes the concrete used to fill the form.
AB369,6,2218 (b) Filing claims. Subject to the limitations provided in this subsection, a
19claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
20amount of the taxes, an amount equal to the amount that the claimant paid in the
21taxable year to purchase any of the following for use in this state or to manufacture
22any of the following in this state:
AB369,6,2423 1. Insulating concrete forms used to construct the insulated exterior walls of
24any building.
AB369,7,2
12. Any item of tangible personal property that is governed by and satisfies any
2of the following standards for energy efficiency:
AB369,7,33 a. The 2001 supplement of the 2000 International Energy Conservation Code.
AB369,7,44 b. The 2004 supplement of the 2003 International Energy Conservation Code.
AB369,7,75 c. The 2007 energy efficiency guidelines established by the federal
6environmental protection agency and the federal department of energy under the
7Energy Star program.
AB369,7,108 (c) Limitations. 1. No person may claim a credit under this subsection for any
9item for which the person has received a rebate under any state program, including
10a state program operated in conjunction with private entities.
AB369,7,1811 2. Partnerships, limited liability companies, and tax-option corporations may
12not claim the credit under this subsection, but the eligibility for, and the amount of,
13the credit are based on their payment of the amounts described under par. (b). A
14partnership, limited liability company, or tax-option corporation shall compute the
15amount of credit that each of its partners, members, or shareholders may claim and
16shall provide that information to each of them. Partners, members of limited liability
17companies, and shareholders of tax-option corporations may claim the credit in
18proportion to their ownership interests.
AB369,7,2019 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
20s. 71.28 (4), applies to the credit under this subsection.
AB369, s. 11 21Section 11. 71.49 (1) (dn) of the statutes is created to read:
AB369,7,2322 71.49 (1) (dn) Insulating concrete forms and energy efficient products credit
23under s. 71.47 (3p).
AB369, s. 12 24Section 12. 77.92 (4) of the statutes is amended to read:
AB369,8,15
177.92 (4) "Net business income," with respect to a partnership, means taxable
2income as calculated under section 703 of the Internal Revenue Code; plus the items
3of income and gain under section 702 of the Internal Revenue Code, including taxable
4state and municipal bond interest and excluding nontaxable interest income or
5dividend income from federal government obligations; minus the items of loss and
6deduction under section 702 of the Internal Revenue Code, except items that are not
7deductible under s. 71.21; plus guaranteed payments to partners under section 707
8(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
9(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3p), (3t), (3w), (5b), (5e),
10(5f), (5g), and (5h); and plus or minus, as appropriate, transitional adjustments,
11depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and
12(19); but excluding income, gain, loss, and deductions from farming. "Net business
13income," with respect to a natural person, estate, or trust, means profit from a trade
14or business for federal income tax purposes and includes net income derived as an
15employee as defined in section 3121 (d) (3) of the Internal Revenue Code.
AB369, s. 13 16Section 13. Initial applicability.
AB369,8,2017 (1) This act first applies to taxable years beginning on January 1 of the year
18in which this subsection takes effect, except that if this subsection takes effect after
19July 31 this act first applies to taxable years beginning on January 1 of the year
20following the year in which this subsection takes effect.
AB369,8,2121 (End)
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