1 | 1 | | LRB-0279/1 |
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2 | 2 | | JK:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 564 |
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5 | 5 | | October 26, 2023 - Introduced by Representatives DOYLE, SHANKLAND, OHNSTAD, |
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6 | 6 | | SINICKI, JOERS, MOORE OMOKUNDE, BALDEH, STUBBS, SNODGRASS, SUBECK, BARE, |
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7 | 7 | | ANDRACA, ORTIZ-VELEZ, CABRERA, J. ANDERSON, PALMERI, JACOBSON and C. |
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8 | 8 | | ANDERSON, cosponsored by Senators PFAFF, CARPENTER, SPREITZER and SMITH. |
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9 | 9 | | Referred to Committee on Ways and Means. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to amend 71.07 (6e) (b) and 71.07 (6e) (c) 3.; and to create 71.07 (6e) (a) |
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12 | 12 | | 6. of the statutes; relating to: allowing renters to claim the veterans and |
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13 | 13 | | surviving spouses property tax credit. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under current law, an eligible veteran or surviving spouse may claim a |
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16 | 16 | | refundable income tax credit equal to the amount of property taxes the claimant paid |
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17 | 17 | | during the year on his or her principal dwelling in Wisconsin. Current law does not |
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18 | 18 | | expressly address the treatment of renters. The Department of Revenue allows an |
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19 | 19 | | eligible veteran or surviving spouse who is a renter to claim the credit if the claimant |
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20 | 20 | | is required to pay the property taxes under the rental agreement or other written |
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21 | 21 | | agreement with the landlord and pays the property taxes directly to the municipality. |
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22 | 22 | | Under this bill, an eligible veteran or surviving spouse may claim the credit in |
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23 | 23 | | an amount equal to his or her rent constituting property taxes. The bill defines “rent |
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24 | 24 | | constituting property taxes" to mean a specified percentage of the rent paid by the |
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25 | 25 | | claimant during the year for the use of a principal dwelling as housing. The specified |
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26 | 26 | | percentage is 20 percent if heat is included in the rent and 25 percent if heat is not |
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27 | 27 | | included. |
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28 | 28 | | For further information see the state fiscal estimate, which will be printed as |
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29 | 29 | | an appendix to this bill. |
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30 | 30 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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31 | 31 | | enact as follows: |
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34 | 34 | | 3 - 2 -2023 - 2024 Legislature LRB-0279/1 |
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35 | 35 | | JK:amn |
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36 | 36 | | SECTION 1 ASSEMBLY BILL 564 |
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37 | 37 | | SECTION 1. 71.07 (6e) (a) 6. of the statutes is created to read: |
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38 | 38 | | 71.07 (6e) (a) 6. “Rent constituting property taxes" has the meaning given in |
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39 | 39 | | sub. (9) (a) 4. |
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40 | 40 | | SECTION 2. 71.07 (6e) (b) of the statutes is amended to read: |
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41 | 41 | | 71.07 (6e) (b) Filing claims. Subject to the limitations provided in this |
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42 | 42 | | subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 |
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43 | 43 | | the amount of the claimant's property taxes or rent constituting property taxes. If |
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44 | 44 | | the allowable amount of the claim exceeds the income taxes otherwise due on the |
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45 | 45 | | claimant's income, the amount of the claim not used as an offset against those taxes |
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46 | 46 | | shall be certified by the department of revenue to the department of administration |
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47 | 47 | | for payment to the claimant by check, share draft, or other draft from the |
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48 | 48 | | appropriation under s. 20.835 (2) (em). |
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49 | 49 | | SECTION 3. 71.07 (6e) (c) 3. of the statutes is amended to read: |
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50 | 50 | | 71.07 (6e) (c) 3. If an eligible veteran and an eligible spouse file separate |
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51 | 51 | | returns, each spouse may claim a credit under this subsection for property taxes |
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52 | 52 | | based on their his or her respective ownership interest in the eligible veteran's |
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53 | 53 | | principal dwelling or for rent constituting property taxes based on 50 percent of the |
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54 | 54 | | total rent constituting property taxes paid during the taxable year for the eligible |
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55 | 55 | | veteran's principal dwelling. |
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56 | 56 | | SECTION 4.0Initial applicability. |
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57 | 57 | | (1) This act first applies to taxable years beginning on January 1, 2023. |
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58 | 58 | | (END) |
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