AB78,6,1616 f. Nutrition education.
AB78,6,1717 g. Health or fitness incentive programs.
AB78,6,1818 h. Vaccinations.
AB78,6,1919 i. Employee physical examinations.
AB78,7,220 (b) Filing claims. Subject to the limitations provided in this subsection and s.
2173.155, a claimant may claim as a credit against the taxes imposed under s. 71.23,
22up to the amount of those taxes, in each taxable year for 3 years, an amount that is
23equal to 30 percent of the amount that the claimant paid in the taxable year to
24provide a workplace wellness program to any of the claimant's employees who are

1employed at a small business in this state, not including any amount paid to acquire,
2construct, rehabilitate, remodel, or repair real property.
AB78,7,53 (c) Limitations. 1. Except as provided in s. 73.155 (2), the maximum amount
4of the credits that may be claimed by all claimants under this subsection and ss. 71.07
5(8s) and 71.47 (8s) in any fiscal year is $3,000,000.
AB78,7,86 2. No person may claim a credit under this subsection for a workplace wellness
7program in existence before the effective date of this subdivision .... [LRB inserts
8date].
AB78,7,169 3. Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on their payment of amounts under par. (b). A partnership,
12limited liability company, or tax-option corporation shall compute the amount of
13credit that each of its partners, members, or shareholders may claim and shall
14provide that information to each of them. Partners, members of limited liability
15companies, and shareholders of tax-option corporations may claim the credit in
16proportion to their ownership interests.
AB78,7,1817 (d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
18under sub. (4), applies to the credit under this subsection.
AB78,7,2419 2. If a credit computed under this subsection is not entirely offset against
20Wisconsin income or franchise taxes otherwise due, the unused balance may be
21carried forward and credited against Wisconsin income or franchise taxes otherwise
22due for the following 5 taxable years to the extent not offset by these taxes otherwise
23due in all intervening years between the year in which the expense was incurred and
24the year in which the carry-forward credit is claimed.
AB78,8 25Section 8. 71.30 (3) (cf) of the statutes is created to read:
AB78,8,1
171.30 (3) (cf) Workplace wellness program credit under s. 71.28 (8s).
AB78,9 2Section 9. 71.34 (1k) (g) of the statutes is amended to read:
AB78,8,63 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
4corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
5(3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j),
6(5k), (5r), (5rm), (6n), and (8r), and (8s) and passed through to shareholders.
AB78,10 7Section 10. 71.45 (2) (a) 10. of the statutes is amended to read:
AB78,8,148 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
9computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn),
10(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), (8s), and (9s) and not
11passed through by a partnership, limited liability company, or tax-option
12corporation that has added that amount to the partnership's, limited liability
13company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and
14the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).
AB78,11 15Section 11. 71.47 (8s) of the statutes is created to read:
AB78,8,1716 71.47 (8s) Workplace wellness program credit. (a) Definitions. In this
17subsection:
AB78,8,1818 1. "Claimant" means a person who files a claim under this subsection.
AB78,8,2319 2. "Health risk assessment" means a computer-based health-promotion tool
20consisting of a questionnaire; a biometric health screening to measure vital health
21statistics, including blood pressure, cholesterol, glucose, weight, and height; a
22formula for estimating health risks; an advice database; and a means to generate
23reports.
AB78,8,2424 3. "Small business" means a business that has 50 or fewer employees.
AB78,9,3
14. "Workplace wellness program" means a health or fitness program certified
2under s. 73.155 (3), and includes health risk assessments and one or more of the
3following programs or services:
AB78,9,44 a. Chronic disease prevention.
AB78,9,55 b. Weight management.
AB78,9,66 c. Stress management.
AB78,9,77 d. Worker injury prevention programs.
AB78,9,88 e. Health screenings.
AB78,9,99 f. Nutrition education.
AB78,9,1010 g. Health or fitness incentive programs.
AB78,9,1111 h. Vaccinations.
AB78,9,1212 i. Employee physical examinations.
AB78,9,1913 (b) Filing claims. Subject to the limitations provided in this subsection and s.
1473.155, a claimant may claim as a credit against the taxes imposed under s. 71.43,
15up to the amount of those taxes, in each taxable year for 3 years, an amount that is
16equal to 30 percent of the amount that the claimant paid in the taxable year to
17provide a workplace wellness program to any of the claimant's employees who are
18employed at a small business in this state, not including any amount paid to acquire,
19construct, rehabilitate, remodel, or repair real property.
AB78,9,2220 (c) Limitations. 1. Except as provided in s. 73.155 (2), the maximum amount
21of the credits that may be claimed by all claimants under this subsection and ss. 71.07
22(8s) and 71.28 (8s) in any fiscal year is $3,000,000.
AB78,9,2523 2. No person may claim a credit under this subsection for a workplace wellness
24program in existence before the effective date of this subdivision .... [LRB inserts
25date].
AB78,10,8
13. Partnerships, limited liability companies, and tax-option corporations may
2not claim the credit under this subsection, but the eligibility for, and the amount of,
3the credit are based on their payment of amounts under par. (b). A partnership,
4limited liability company, or tax-option corporation shall compute the amount of
5credit that each of its partners, members, or shareholders may claim and shall
6provide that information to each of them. Partners, members of limited liability
7companies, and shareholders of tax-option corporations may claim the credit in
8proportion to their ownership interests.
AB78,10,109 (d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
10credit under s. 71.28 (4), applies to the credit under this subsection.
AB78,10,1611 2. If a credit computed under this subsection is not entirely offset against
12Wisconsin income or franchise taxes otherwise due, the unused balance may be
13carried forward and credited against Wisconsin income or franchise taxes otherwise
14due for the following 5 taxable years to the extent not offset by these taxes otherwise
15due in all intervening years between the year in which the expense was incurred and
16the year in which the carry-forward credit is claimed.
AB78,12 17Section 12. 71.49 (1) (cf) of the statutes is created to read:
AB78,10,1818 71.49 (1) (cf) Workplace wellness program credit under s. 71.47 (8s).
AB78,13 19Section 13. 73.155 of the statutes is created to read:
AB78,10,23 2073.155 Workplace wellness programs. (1) In consultation with the
21department of revenue, the department of health services shall certify workplace
22wellness programs developed by a business or independent provider as described
23under ss. 71.07 (8s), 71.28 (8s), and 71.47 (8s).
AB78,11,3 24(2) If the department of health services certifies a workplace wellness program
25under sub. (1), the department of revenue shall determine the amount of workplace

1wellness program credits to allocate to the business providing the workplace
2wellness program. The total amount of workplace wellness program credits
3allocated to businesses in any fiscal year may not exceed $3,000,000.
AB78,11,5 4(3) The department of revenue, in consultation with the department of health
5services, shall promulgate rules to administer this section.
AB78,14 6Section 14. 77.92 (4) of the statutes is amended to read:
AB78,11,227 77.92 (4) "Net business income," with respect to a partnership, means taxable
8income as calculated under section 703 of the Internal Revenue Code; plus the items
9of income and gain under section 702 of the Internal Revenue Code, including taxable
10state and municipal bond interest and excluding nontaxable interest income or
11dividend income from federal government obligations; minus the items of loss and
12deduction under section 702 of the Internal Revenue Code, except items that are not
13deductible under s. 71.21; plus guaranteed payments to partners under section 707
14(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
15(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r),
16(3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5n), (5r), (5rm), (6n),
17and (8r), and (8s); and plus or minus, as appropriate, transitional adjustments,
18depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and
19(19); but excluding income, gain, loss, and deductions from farming. "Net business
20income," with respect to a natural person, estate, or trust, means profit from a trade
21or business for federal income tax purposes and includes net income derived as an
22employee as defined in section 3121 (d) (3) of the Internal Revenue Code.
AB78,15 23Section 15. Initial applicability.
AB78,11,2424 (1) This act first applies to taxable years beginning on January 1, 2014.
AB78,11,2525 (End)
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