LRB-2335/1
JK:kjf
2015 - 2016 LEGISLATURE
May 27, 2015 - Introduced by Representatives Subeck, Goyke, Berceau, Bowen,
Brostoff, Johnson, Jorgensen, Kolste, Ohnstad, Sargent, Sinicki,
Spreitzer, C. Taylor and Zamarripa. Referred to Committee on Ways and
Means.
AB244,1,5 1An Act to amend 71.05 (6) (a) 15., 71.21 (4) (a), 71.26 (2) (a) 4., 71.34 (1k) (g) and
271.45 (2) (a) 10.; and to create 71.07 (5s), 71.10 (4) (cf), 71.28 (5s), 71.30 (3) (cf),
371.47 (5s) and 71.49 (1) (cf) of the statutes; relating to: an income and franchise
4tax credit for grocery stores in underserved areas and requiring the exercise of
5rule-making authority.
Analysis by the Legislative Reference Bureau
This bill creates an income and franchise tax credit for supermarkets that
operate in areas of this state where the median household income is not more than
60 percent of the statewide median household income and where the number of
supermarkets is less than the average number of supermarkets in other areas of the
state. A taxpayer may claim a credit equal to 10 percent of the taxpayer's tax liability
from income derived from such supermarkets.
For further information see the state 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:
AB244,1 6Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:
AB244,2,7
171.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the
2credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds),
3(2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (4k), (4n), (5e),
4(5f), (5h), (5i), (5j), (5k), (5r), (5rm), (5s), (6n), and (8r) and not passed through by a
5partnership, limited liability company, or tax-option corporation that has added that
6amount to the partnership's, company's, or tax-option corporation's income under s.
771.21 (4) or 71.34 (1k) (g).
AB244,2 8Section 2. 71.07 (5s) of the statutes is created to read:
AB244,2,109 71.07 (5s) Underserved community grocery store credit. (a) Definitions. In
10this subsection:
AB244,2,1111 1. "Claimant" means a person who files a claim under this subsection.
AB244,2,1412 2. "Supermarket" means an establishment classified as a supermarket in the
13North American Industry Classification System, 1997 edition, published by the U.S.
14office of management and budget, under industry number 445110.
AB244,2,1915 (b) Filing claims. Subject to the limitations provided in this subsection, for
16taxable years beginning after December 30, 2015, a claimant may claim as a credit
17against the tax imposed under s. 71.02, up to the amount of the tax, an amount equal
18to 10 percent of the claimant's tax liability under this subchapter from income
19derived from a supermarket in this state if all of the following apply:
AB244,2,2120 1. The supermarket is located in a census tract where the median household
21income is not more than 60 percent of the statewide median household income.
AB244,2,2422 2. The supermarket is located in a census tract where the number of
23supermarkets is less than the average number of supermarkets located in other
24census tracts in this state.
AB244,3,8
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 their tax liability, as described under par.
4(a). A partnership, limited liability company, or tax-option corporation shall
5compute the amount of credit that each of its partners, members, or shareholders
6may claim and shall provide that information to each of them. Partners, members
7of limited liability companies, and shareholders of tax-option corporations may
8claim the credit in proportion to their ownership interests.
AB244,3,109 (d) Administration. 1. Section 71.28 (4) (e) to (h), as it applies to the credit
10under section 71.28 (4), applies to the credit under this subsection.
AB244,3,1111 2. The department shall promulgate rules to administer this subsection.
AB244,3 12Section 3. 71.10 (4) (cf) of the statutes is created to read:
AB244,3,1313 71.10 (4) (cf) Underserved community grocery store credit under s. 71.07 (5s).
AB244,4 14Section 4. 71.21 (4) (a) of the statutes is amended to read:
AB244,3,1915 71.21 (4) (a) The amount of the credits computed by a partnership under s.
1671.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p),
17(3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (4k), (4n), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r),
18(5rm), (5s), (6n), and (8r) and passed through to partners shall be added to the
19partnership's income.
AB244,5 20Section 5. 71.26 (2) (a) 4. of the statutes is amended to read:
AB244,4,221 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
22(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r),
23(3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (5s), (6n), (8r),
24and (9s) and not passed through by a partnership, limited liability company, or
25tax-option corporation that has added that amount to the partnership's, limited

1liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k)
2(g).
AB244,6 3Section 6. 71.28 (5s) of the statutes is created to read:
AB244,4,54 71.28 (5s) Underserved community grocery store credit. (a) Definitions. In
5this subsection:
AB244,4,66 1. "Claimant" means a person who files a claim under this subsection.
AB244,4,97 2. "Supermarket" means an establishment classified as a supermarket in the
8North American Industry Classification System, 1997 edition, published by the U.S.
9office of management and budget, under industry number 445110.
AB244,4,1410 (b) Filing claims. Subject to the limitations provided in this subsection, for
11taxable years beginning after December 30, 2015, a claimant may claim as a credit
12against the tax imposed under s. 71.23, up to the amount of the tax, an amount equal
13to 10 percent of the claimant's tax liability under this subchapter from income
14derived from a supermarket in this state if all of the following apply:
AB244,4,1615 1. The supermarket is located in a census tract where the median household
16income is not more than 60 percent of the statewide median household income.
AB244,4,1917 2. The supermarket is located in a census tract where the number of
18supermarkets is less than the average number of supermarkets located in other
19census tracts in this state.
AB244,5,220 (c) Limitations. Partnerships, limited liability companies, and tax-option
21corporations may not claim the credit under this subsection, but the eligibility for,
22and the amount of, the credit are based on their tax liability, as described under par.
23(a). A partnership, limited liability company, or tax-option corporation shall
24compute the amount of credit that each of its partners, members, or shareholders
25may claim and shall provide that information to each of them. Partners, members

1of limited liability companies, and shareholders of tax-option corporations may
2claim the credit in proportion to their ownership interests.
AB244,5,43 (d) Administration. 1. Subsection (4) (e) to (h), as it applies to the credit under
4sub. (4), applies to the credit under this subsection.
AB244,5,55 2. The department shall promulgate rules to administer this subsection.
AB244,7 6Section 7. 71.30 (3) (cf) of the statutes is created to read:
AB244,5,77 71.30 (3) (cf) Underserved community grocery store credit under s. 71.28 (5s).
AB244,8 8Section 8. 71.34 (1k) (g) of the statutes is amended to read:
AB244,5,129 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
10corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
11(3), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (4), (5), (5e), (5f), (5g), (5h),
12(5i), (5j), (5k), (5r), (5rm), (5s), (6n), and (8r) and passed through to shareholders.
AB244,9 13Section 9. 71.45 (2) (a) 10. of the statutes is amended to read:
AB244,5,2014 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
15computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn),
16(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (5s), (6n), (8r), and (9s) and not
17passed through by a partnership, limited liability company, or tax-option
18corporation that has added that amount to the partnership's, limited liability
19company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and
20the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).
AB244,10 21Section 10. 71.47 (5s) of the statutes is created to read:
AB244,5,2322 71.47 (5s) Underserved community grocery store credit. (a) Definitions. In
23this subsection:
AB244,5,2424 1. "Claimant" means a person who files a claim under this subsection.
AB244,6,3
12. "Supermarket" means an establishment classified as a supermarket in the
2North American Industry Classification System, 1997 edition, published by the U.S.
3office of management and budget, under industry number 445110.
AB244,6,84 (b) Filing claims. Subject to the limitations provided in this subsection, for
5taxable years beginning after December 30, 2015, a claimant may claim as a credit
6against the tax imposed under s. 71.43, up to the amount of the tax, an amount equal
7to 10 percent of the claimant's tax liability under this subchapter from income
8derived from a supermarket in this state if all of the following apply:
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