- 2022 LEGISLATURE LRBa1008/1LRB-4359/1 JK:cdcJK:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 717 November 29,17, 2021 - OfferedIntroduced by RepresentativITTKE.Representatives W ITTK, KATSMA, KUGLITSCH, M ACCO , ZIMMERMAN , A LLEN, A RMSTRONG , BRANDTJEN , D ITTRIC, D OYLE, D UCHOW , EDMING, HORLACHER , KURTZ, MOSES, M URSAU, NOVAK, OLDENBURG , P ENTERMAN , OZAR , CHRAA , NODGRASS , WEARINGEN , THIESFELDT, VRUWINK, W ICHGERS, KNODL , SPREITZERand S UBECK , cosponsored by Senators ROTH, W ANGGAARD , BALLWEG, BERNIER, ARLING and JACQUE .
AtReferred theto locationsCommittee indicated,on amendWays theand billMeans. as follows:
1.A N A CT to amend 71.26 (3) (L);
Pageand 2,to linecreate 2:71.05 (1) (hp), 71.26 (3) (ag) 4., 71.34 (1k) (ai), 71.45 (1) (dn) and 71.45 (2) (a) 24.
deleteof “pursuantthe to"statutes; and substitute “under section 5003 of".
2.relating to:
Pagean 2,income lineand 5:franchise tax exemption for restaurant revitalization grants.
afterAnalysis “deductible."by insertthe “AmountsLegislative excludedReference underBureau thisThis paragraphbill bycreates aan tax-optionincome corporationand orfranchise partnershiptax shallexemption befor treatedincome asreceived tax-exemptin incomethe forform purposes of sectionsa 705grant andfrom 1366the ofRestaurant Revitalization Fund established by the Internalfederal RevenueAmerican Code.".Rescue Plan Act of 2021.
3.Current law provides similar exemptions for income received in the form of allocations issued by the state with moneys received from the federal Coronavirus Relief Fund and used for a number of purposes, including broadband expansion, privately owned movie theater grants, music and performance venue grants, and lodging industry grants.
PageBecause 2,this linebill 8:relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
deleteFor “pursuantfurther to"information andsee substitutethe “understate sectionfiscal 5003estimate, of".which will be printed as an appendix to this bill.
4.The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
PageSECTION 2,1. line 10:
after71.05 “deductible."(1) insert(hp) “Amounts excluded under this subdivision by a tax-option corporation or partnership shall be treated as tax-exempt income for purposes of sectionsthe 705statutes andis 1366created ofto theread: Internal Revenue Code.".
5.- 2022 Legislature - 2 - LRB-4359/1 JK:cjs ASSEMBLY BILL 717 SECTION 1 71.05 (1) (hp) Grants from the federal restaurant revitalization fund.
PageIncome 3,received linein 9:the form of a grant from the restaurant revitalization fund pursuant to the federal American Rescue Plan Act of 2021, P.L.
delete117-2. “pursuant to" and substitute “under section 5003 of".
LRBa1008/1Amounts -otherwise 2022deductible Legislatureunder -this 2chapter -that JK:cdcare 6.paid directly or indirectly with the grant money are deductible.
PageSECTION 3,2. line 11:
after71.26 “deductible."(3) insert(ag) “Amounts4. excluded under this paragraph by a tax-option corporation or partnership shall be treated as tax-exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code.".
7.of the statutes is created to read:
Page71.26 3,(3) line(ag) 14:4.
deleteIncome “pursuantreceived to"in andthe substituteform “underof sectiona 5003grant of".from the restaurant revitalization fund pursuant to the federal American Rescue Plan Act of 2021, P.L.
8.117-2.
PageAmounts 3,otherwise linedeductible 16:under this chapter that are paid directly or indirectly with the grant money are deductible.
afterSECTION “deductible."3. insert “Amounts excluded under this paragraph by a tax-option corporation or partnership shall be treated as tax-exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code.".
9.71.26 (3) (L) of the statutes, as affected by 2021 Wisconsin Act 1, is amended to read:
Page71.26 3,(3) line(L) 20:Section 265 is excluded and replaced by the rule that any amount otherwise deductible under this chapter that is directly or indirectly related to income wholly exempt from taxes imposed by this chapter or to losses from the sale or other disposition of assets the gain from which would be exempt under this paragraph if the assets were sold or otherwise disposed of at a gain is not deductible.
deleteIn “pursuantthis to"paragraph, “wholly exempt income", for corporations subject to franchise or income taxes, includes amounts received from affiliated or subsidiary corporations for interest, dividends or capital gains that, because of the degree of common ownership, control or management between the payor and substitutepayee, “underare sectionnot 5003subject of".to taxes under this chapter.
10.In this paragraph, “wholly exempt income", for corporations subject to income taxation under this chapter, also includes interest on obligations of the United States.
PageIn 3,this lineparagraph, 22:“wholly exempt income" does not include income excludable, not recognized, exempt or deductible under specific LRB-4359/1 - 2022 Legislature - 3 - JK:cjs SECTION 3 ASSEMBLY BILL 717 provisions of this chapterIf any expense or amount otherwise deductible is indirectly related both to wholly exempt income or loss and to other income or loss, a reasonable proportion of the expense or amount shall be allocated to each type of income or loss, in light of all the facts and circumstances.
afterThis “deductible."paragraph insertdoes “Amountsnot excludedapply underto this subdivision by a tax-option corporation or partnership shall be treated as tax-exempt income for purposes of sections 705 and 1366 of the Internalexclusion Revenueunder Code.".par.
(ag, 3., or 4.
SECTION 4.
71.34 (1k) (ai) of the statutes is created to read:
71.34 (1k) (ai) Section 61 of the Internal Revenue Code is modified so that income received in the form of a grant from the restaurant revitalization fund, pursuant to the federal American Rescue Plan Act of 2021, P.L.
117-2, is not taxable income.
Amounts otherwise deductible under this chapter that are paid directly or indirectly with the grant money are deductible.
SECTION 5.
71.45 (1) (dn) of the statutes is created to read:
71.45 (1) (dn) Income received in the form of a grant from the restaurant revitalization fund pursuant to the federal American Rescue Plan Act of 2021, P.L.
117-2.
Amounts otherwise deductible under this chapter that are paid directly or indirectly with the grant money are deductible.
SECTION 6.
71.45 (2) (a) 24.
of the statutes is created to read:
71.45 (2) (a) 24.
By subtracting from federal taxable income, to the extent included in federal taxable income, income received in the form of a grant from the restaurant revitalization fund pursuant to the federal American Rescue Plan Act of 2021, P.L.
117-2.
Amounts otherwise deductible under this chapter that are paid directly or indirectly with the grant money are deductible.
SECTION 7.0Initial applicability.
(1) This act first applies to taxable years beginning after December 31, 2020.