Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB922 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 922
55 January 12, 2024 - Introduced by Representatives SORTWELL, MURPHY, O'CONNOR,
66 SCHMIDT and GOEBEN, cosponsored by Senator JACQUE. Referred to Committee
77 on Ways and Means.
88 ***AUTHORS SUBJECT TO CHANGE***
99 AN ACT to renumber and amend 71.98 (3); and to create 71.98 (3) (b) and 71.98
1010 (3) (c) of the statutes; relating to: adopting federal income tax provisions
1111 related to depreciation and amortization.
1212 Analysis by the Legislative Reference Bureau
1313 This bill adopts, beginning in tax year 2023, for state income and franchise tax
1414 purposes, the current federal Internal Revenue Code related to depreciation and
1515 amortization, including provisions related to a depreciation allowance for certain
1616 property, known as bonus depreciation. For state income and franchise tax purposes,
1717 current law generally adopts the federal Internal Revenue Code provisions related
1818 to depreciation and amortization in effect on January 1, 2014. Under the bill,
1919 generally, a taxpayer may take a depreciation deduction equal to 80 percent of the
2020 adjusted basis of qualified property placed in service during tax year 2023, and the
2121 applicable deduction percentage is 60 percent for tax year 2024, 40 percent for tax
2222 year 2025, and 20 percent for tax year 2026. Under current federal law, the bonus
2323 depreciation allowance sunsets for tax year 2027.
2424 For further information see the state fiscal estimate, which will be printed as
2525 an appendix to this bill.
2626 The people of the state of Wisconsin, represented in senate and assembly, do
2727 enact as follows:
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3232 SECTION 1 ASSEMBLY BILL 922
3333 SECTION 1. 71.98 (3) of the statutes is renumbered 71.98 (3) (a) and amended
3434 to read:
3535 71.98 (3) (a) For taxable years beginning after December 31, 2013, and before
3636 January 1, 2023, and for purposes of computing depreciation and amortization, the
3737 Internal Revenue Code means the federal Internal Revenue Code in effect for federal
3838 purposes on January 1, 2014, except that sections 13201 (f), 13203, 13204, and 13205
3939 of P.L. 115-97, section 2307 of division A of P.L. 116-136, and section 202 of division
4040 EE of P.L. 116-260 apply at the same time as for federal purposes.
4141 (d) For taxable years beginning after December 31, 2013, and for purposes of
4242 computing depletion, the Internal Revenue Code means the federal Internal
4343 Revenue Code in effect for federal purposes for the year in which the property is
4444 placed in service.
4545 SECTION 2. 71.98 (3) (b) of the statutes is created to read:
4646 71.98 (3) (b) Notwithstanding ss. 71.01 (6) (m), 71.22 (4) (m), and 71.42 (2) (m),
4747 for taxable years beginning after December 31, 2022, and for purposes of computing
4848 depreciation, the Internal Revenue Code means the federal Internal Revenue Code
4949 in effect for federal purposes for the year in which the property is placed in service,
5050 except that property placed in service in taxable years beginning before January 1,
5151 2023, shall continue to be depreciated as described in par. (a).
5252 SECTION 3. 71.98 (3) (c) of the statutes is created to read:
5353 71.98 (3) (c) Notwithstanding ss. 71.01 (6) (m), 71.22 (4) (m), and 71.42 (2) (m),
5454 for taxable years beginning after December 31, 2022, and for purposes of computing
5555 amortization, the Internal Revenue Code means the federal Internal Revenue Code
5656 in effect for federal purposes for the year in which the amortized expense is made,
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8383 SECTION 3
8484 ASSEMBLY BILL 922
8585 except that amortized expenses made in taxable years beginning before January 1,
8686 2023, shall continue to be amortized as described in par. (a).
8787 (END)
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