AB894, s. 6 6Section 6. 71.28 (5n) of the statutes is created to read:
AB894,4,77 71.28 (5n) Cafeteria plan credit. (a) Definitions. In this subsection:
AB894,4,98 1. "Cafeteria plan" means a benefits plan described under section 125 of the
9Internal Revenue Code.
AB894,4,1010 2. "Claimant" means a person who files a claim under this subsection.
AB894,4,1411 (b) Filing claims. Subject to the limitations provided in this subsection, a
12claimant may claim as a credit against the taxes imposed under s. 71.23, up to the
13amount of the taxes, $200 for the taxable year in which the claimant establishes a
14cafeteria plan for the claimant's employees.
AB894,4,2215 (c) Limitations. Partnerships, limited liability companies, and tax-option
16corporations may not claim the credit under this subsection, but the eligibility for,
17and the amount of, the credit are based on providing the cafeteria plan as described
18under par. (b). A partnership, limited liability company, or tax-option corporation
19shall compute the amount of credit that each of its partners, members, or
20shareholders may claim and shall provide that information to each of them.
21Partners, members of limited liability companies, and shareholders of tax-option
22corporations may claim the credit in proportion to their ownership interests.
AB894,4,2423 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
24sub. (4), applies to the credit under this subsection.
AB894, s. 7 25Section 7. 71.30 (3) (dr) of the statutes is created to read:
AB894,5,1
171.30 (3) (dr) Cafeteria plan credit under s. 71.28 (5n).
AB894, s. 8 2Section 8. 71.34 (1) (g) of the statutes, as affected by 2007 Wisconsin Act 20,
3is amended to read:
AB894,5,74 71.34 (1) (g) An addition shall be made for credits computed by a tax-option
5corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
6(3h), (3n), (3p), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), and (5k), and (5n) and passed
7through to shareholders.
AB894, s. 9 8Section 9. 71.45 (2) (a) 10. of the statutes, as affected by 2007 Wisconsin Act
920
, is amended to read:
AB894,5,1610 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
11computed under s. 71.47 (1dd) to (1dx), (3h), (3n), (3p), (3w), (5e), (5f), (5g), (5h), (5i),
12(5j), and (5k), and (5n) and not passed through by a partnership, limited liability
13company, or tax-option corporation that has added that amount to the partnership's,
14limited liability company's, or tax-option corporation's income under s. 71.21 (4) or
1571.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and
16(5).
AB894, s. 10 17Section 10. 71.47 (5n) of the statutes is created to read:
AB894,5,1818 71.47 (5n) Cafeteria plan credit. (a) Definitions. In this subsection:
AB894,5,2019 1. "Cafeteria plan" means a benefits plan described under section 125 of the
20Internal Revenue Code.
AB894,5,2121 2. "Claimant" means a person who files a claim under this subsection.
AB894,5,2522 (b) Filing claims. Subject to the limitations provided in this subsection, a
23claimant may claim as a credit against the taxes imposed under s. 71.43, up to the
24amount of the taxes, $200 for the taxable year in which the claimant establishes a
25cafeteria plan for the claimant's employees.
AB894,6,8
1(c) Limitations. Partnerships, limited liability companies, and tax-option
2corporations may not claim the credit under this subsection, but the eligibility for,
3and the amount of, the credit are based on providing the cafeteria plan as described
4under par. (b). A partnership, limited liability company, or tax-option corporation
5shall compute the amount of credit that each of its partners, members, or
6shareholders may claim and shall provide that information to each of them.
7Partners, members of limited liability companies, and shareholders of tax-option
8corporations may claim the credit in proportion to their ownership interests.
AB894,6,109 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
10s. 71.28 (4), applies to the credit under this subsection.
AB894, s. 11 11Section 11. 71.49 (1) (dr) of the statutes is created to read:
AB894,6,1212 71.49 (1) (dr) Cafeteria plan credit under s. 71.47 (5n).
AB894, s. 12 13Section 12. 73.03 (64) of the statutes is created to read:
AB894,6,1714 73.03 (64) To include information regarding the creation of cafeteria plans
15under 26 USC 125, and the tax benefits related to such plans under 26 USC 125 and
16ss. 71.07 (5n), 71.28 (5n), and 71.47 (5n), with income and franchise tax forms
17published by the department.
AB894, s. 13 18Section 13. 77.92 (4) of the statutes, as affected by 2007 Wisconsin Act 20, is
19amended to read:
AB894,7,1020 77.92 (4) "Net business income," with respect to a partnership, means taxable
21income as calculated under section 703 of the Internal Revenue Code; plus the items
22of income and gain under section 702 of the Internal Revenue Code, including taxable
23state and municipal bond interest and excluding nontaxable interest income or
24dividend income from federal government obligations; minus the items of loss and
25deduction under section 702 of the Internal Revenue Code, except items that are not

1deductible under s. 71.21; plus guaranteed payments to partners under section 707
2(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
3(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3h), (3s), (3n), (3p), (3t), (3w), (5e),
4(5f), (5g), (5h), (5i), (5j), and (5k), and (5n); and plus or minus, as appropriate,
5transitional adjustments, depreciation differences, and basis differences under s.
671.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions
7from farming. "Net business income," with respect to a natural person, estate, or
8trust, means profit from a trade or business for federal income tax purposes and
9includes net income derived as an employee as defined in section 3121 (d) (3) of the
10Internal Revenue Code.
AB894, s. 14 11Section 14. 180.0121 (3) of the statutes is created to read:
AB894,7,1512 180.0121 (3) The department shall provide written information regarding the
13creation of cafeteria plans under 26 USC 125, and the tax benefits related to such
14plans under 26 USC 125 and ss. 71.07 (5n), 71.28 (5n), and 71.47 (5n), to each entity
15that submits articles of incorporation to the department for filing.
AB894, s. 15 16Section 15. Initial applicability.
AB894,7,1717 (1) This act first applies to taxable years beginning on January 1, 2008.
AB894,7,1818 (End)
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