LRB-0279/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 564
October 26, 2023 - Introduced by Representatives DOYLE, SHANKLAND, OHNSTAD,
SINICKI, JOERS, MOORE OMOKUNDE, BALDEH, STUBBS, SNODGRASS, SUBECK, BARE,
ANDRACA, ORTIZ-VELEZ, CABRERA, J. ANDERSON, PALMERI, JACOBSON and C.
ANDERSON, cosponsored by Senators PFAFF, CARPENTER, SPREITZER and SMITH.
Referred to Committee on Ways and Means.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 71.07 (6e) (b) and 71.07 (6e) (c) 3.; and to create 71.07 (6e) (a)
6. of the statutes; relating to: allowing renters to claim the veterans and
surviving spouses property tax credit.
Analysis by the Legislative Reference Bureau
Under current law, an eligible veteran or surviving spouse may claim a
refundable income tax credit equal to the amount of property taxes the claimant paid
during the year on his or her principal dwelling in Wisconsin. Current law does not
expressly address the treatment of renters. The Department of Revenue allows an
eligible veteran or surviving spouse who is a renter to claim the credit if the claimant
is required to pay the property taxes under the rental agreement or other written
agreement with the landlord and pays the property taxes directly to the municipality.
Under this bill, an eligible veteran or surviving spouse may claim the credit in
an amount equal to his or her rent constituting property taxes. The bill defines “rent
constituting property taxes" to mean a specified percentage of the rent paid by the
claimant during the year for the use of a principal dwelling as housing. The specified
percentage is 20 percent if heat is included in the rent and 25 percent if heat is not
included.
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:
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SECTION 1 ASSEMBLY BILL 564
SECTION 1. 71.07 (6e) (a) 6. of the statutes is created to read:
71.07 (6e) (a) 6. “Rent constituting property taxes" has the meaning given in
sub. (9) (a) 4.
SECTION 2. 71.07 (6e) (b) of the statutes is amended to read:
71.07 (6e) (b) Filing claims. Subject to the limitations provided in this
subsection, a claimant may claim as a credit against the tax imposed under s. 71.02
the amount of the claimant's property taxes or rent constituting property taxes. If
the allowable amount of the claim exceeds the income taxes otherwise due on the
claimant's income, the amount of the claim not used as an offset against those taxes
shall be certified by the department of revenue to the department of administration
for payment to the claimant by check, share draft, or other draft from the
appropriation under s. 20.835 (2) (em).
SECTION 3. 71.07 (6e) (c) 3. of the statutes is amended to read:
71.07 (6e) (c) 3. If an eligible veteran and an eligible spouse file separate
returns, each spouse may claim a credit under this subsection for property taxes
based on their his or her respective ownership interest in the eligible veteran's
principal dwelling or for rent constituting property taxes based on 50 percent of the
total rent constituting property taxes paid during the taxable year for the eligible
veteran's principal dwelling.
SECTION 4.0Initial applicability.
(1) This act first applies to taxable years beginning on January 1, 2023.
(END)
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