1 | | - | Date of enactment: March 4, 2024 |
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2 | | - | 2023 Assembly Bill 1023 Date of publication*: March 5, 2024 |
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3 | | - | 2023 WISCONSIN ACT 101 |
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4 | | - | AN ACT to renumber and amend 71.07 (9g) (b); and to create 71.07 (9g) (b) 2. and 71.07 (9g) (c) 5. of the statutes; |
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5 | | - | relating to: expanding the child and dependent care credit. |
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6 | | - | The people of the state of Wisconsin, represented in |
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7 | | - | senate and assembly, do enact as follows: |
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8 | | - | SECTION 1. 71.07 (9g) (b) of the statutes is renum- |
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9 | | - | bered 71.07 (9g) (b) 1. and amended to read: |
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10 | | - | 71.07 (9g) (b) 1. For taxable years beginning after |
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11 | | - | December 31, 2021, and before January 1, 2024, and sub- |
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12 | | - | ject to the limitations provided in this subsection, a |
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13 | | - | claimant may claim as a credit against the tax imposed |
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14 | | - | under s. 71.02, up to the amount of those taxes, an amount |
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15 | | - | equal to 50 percent of the federal child and dependent |
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16 | | - | care tax credit claimed by the claimant on his or her fed- |
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17 | | - | eral income tax return for the taxable year to which the |
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18 | | - | claim under this subsection relates. |
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19 | | - | SECTION 2. 71.07 (9g) (b) 2. of the statutes is created |
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20 | | - | to read: |
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21 | | - | 71.07 (9g) (b) 2. For taxable years beginning after |
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22 | | - | December 31, 2023, and subject to the limitations pro- |
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23 | | - | vided in this subsection, a claimant may claim as a credit |
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24 | | - | against the tax imposed under s. 71.02, up to the amount |
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25 | | - | of those taxes, an amount equal to 100 percent of the fed- |
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26 | | - | eral child and dependent care tax credit that the claimant |
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27 | | - | may claim on his or her federal income tax return for the |
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28 | | - | taxable year to which the claim under this subsection |
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29 | | - | relates using the expense limitation under par. (c) 5. |
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30 | | - | rather than the expense limitation under 26 USC 21 (c). |
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31 | | - | SECTION 3. 71.07 (9g) (c) 5. of the statutes is created |
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32 | | - | to read: |
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33 | | - | 71.07 (9g) (c) 5. Notwithstanding 26 USC 21 (c), for |
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34 | | - | taxable years beginning after December 31, 2023, the |
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35 | | - | maximum allowable expenses to determine the amount |
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36 | | - | of the credit under par. (b) 2. is $10,000 for one qualify- |
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37 | | - | ing individual, as defined in 26 USC 21 (b), and $20,000 |
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38 | | - | for 2 or more qualifying individuals, as defined in 26 |
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39 | | - | USC 21 (b). |
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40 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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41 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” |
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| 1 | + | LRB-5623/1 |
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| 2 | + | JK:amn&cdc |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 1023 |
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| 5 | + | January 29, 2024 - Introduced by Representatives BINSFELD, ALLEN, ARMSTRONG, |
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| 6 | + | AUGUST, BEHNKE, BORN, BRANDTJEN, DITTRICH, DONOVAN, EDMING, GOEBEN, |
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| 7 | + | GREEN, GUNDRUM, HURD, KATSMA, KRUG, KURTZ, MACCO, MAGNAFICI, MAXEY, |
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| 8 | + | MELOTIK, MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, OLDENBURG, |
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| 9 | + | PENTERMAN, PETRYK, PLUMER, RETTINGER, SCHRAA, SCHUTT, SNYDER, SPIROS, |
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| 10 | + | STEFFEN, TRANEL, WICHGERS, WITTKE and SWEARINGEN, cosponsored by |
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| 11 | + | Senators QUINN, BALLWEG, BRADLEY, CABRAL-GUEVARA, FELZKOWSKI, FEYEN, |
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| 12 | + | JAGLER, MARKLEIN, NASS, STROEBEL, TESTIN, WANGGAARD and TOMCZYK. |
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| 13 | + | Referred to Joint Committee on Finance. |
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| 14 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 15 | + | AN ACT to renumber and amend 71.07 (9g) (b); and to create 71.07 (9g) (b) 2. |
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| 16 | + | and 71.07 (9g) (c) 5. of the statutes; relating to: expanding the child and |
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| 17 | + | dependent care credit. |
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| 18 | + | Analysis by the Legislative Reference Bureau |
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| 19 | + | Under current law, an individual who is eligible to claim the federal child and |
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| 20 | + | dependent care tax credit may claim a state income tax credit equal to 50 percent of |
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| 21 | + | the amount the individual may claim as a federal income tax credit. However, the |
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| 22 | + | amount of employment-related expenses that an individual may claim to determine |
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| 23 | + | the amount of the federal credit is limited to $3,000 if the individual has only one |
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| 24 | + | qualifying dependent, and $6,000 if the individual has two or more qualifying |
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| 25 | + | dependents. |
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| 26 | + | This bill increases the amount of the state credit that an individual may claim |
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| 27 | + | by increasing the employment-related expense limitation to $10,000 for one |
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| 28 | + | qualifying dependent and $20,000 for two or more qualifying dependents. |
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| 29 | + | For further information see the state fiscal estimate, which will be printed as |
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| 30 | + | an appendix to this bill. |
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| 31 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 32 | + | enact as follows: |
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| 33 | + | SECTION 1. 71.07 (9g) (b) of the statutes is renumbered 71.07 (9g) (b) 1. and |
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| 34 | + | amended to read: |
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| 35 | + | 1 |
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| 36 | + | 2 |
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| 37 | + | 3 |
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| 38 | + | 4 |
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| 39 | + | 5 - 2 -2023 - 2024 Legislature LRB-5623/1 |
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| 40 | + | JK:amn&cdc |
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| 41 | + | SECTION 1 ASSEMBLY BILL 1023 |
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| 42 | + | 71.07 (9g) (b) 1. For taxable years beginning after December 31, 2021, and |
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| 43 | + | before January 1, 2024, and subject to the limitations provided in this subsection, a |
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| 44 | + | claimant may claim as a credit against the tax imposed under s. 71.02, up to the |
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| 45 | + | amount of those taxes, an amount equal to 50 percent of the federal child and |
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| 46 | + | dependent care tax credit claimed by the claimant on his or her federal income tax |
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| 47 | + | return for the taxable year to which the claim under this subsection relates. |
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| 48 | + | SECTION 2. 71.07 (9g) (b) 2. of the statutes is created to read: |
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| 49 | + | 71.07 (9g) (b) 2. For taxable years beginning after December 31, 2023, and |
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| 50 | + | subject to the limitations provided in this subsection, a claimant may claim as a |
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| 51 | + | credit against the tax imposed under s. 71.02, up to the amount of those taxes, an |
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| 52 | + | amount equal to 100 percent of the federal child and dependent care tax credit that |
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| 53 | + | the claimant may claim on his or her federal income tax return for the taxable year |
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| 54 | + | to which the claim under this subsection relates using the expense limitation under |
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| 55 | + | par. (c) 5. rather than the expense limitation under 26 USC 21 (c). |
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| 56 | + | SECTION 3. 71.07 (9g) (c) 5. of the statutes is created to read: |
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| 57 | + | 71.07 (9g) (c) 5. Notwithstanding 26 USC 21 (c), for taxable years beginning |
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| 58 | + | after December 31, 2023, the maximum allowable expenses to determine the amount |
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| 59 | + | of the credit under par. (b) 2. is $10,000 for one qualifying individual, as defined in |
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| 60 | + | 26 USC 21 (b), and $20,000 for 2 or more qualifying individuals, as defined in 26 USC |
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| 61 | + | 21 (b). |
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| 62 | + | (END) |
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