Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB623 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 623
5	5	November 7, 2023 - Introduced by Senators FEYEN, CABRAL-GUEVARA, KNODL,
6	6	QUINN and NASS, cosponsored by Representatives ARMSTRONG, HURD,
7	7	BRANDTJEN, DITTRICH, EDMING, GREEN, GUNDRUM, KITCHENS, MAGNAFICI,
8	8	MAXEY, MICHALSKI, MURSAU, NOVAK, O'CONNOR, PENTERMAN, RETTINGER,
9	9	SCHRAA and SNYDER. Referred to Committee on Universities and Revenue.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 71.05 (6) (a) 15., 71.10 (4) (i), 71.21 (4) (a), 71.26 (2) (a) 4., 71.30
12	12	(3) (f), 71.34 (1k) (g), 71.45 (2) (a) 10. and 71.49 (1) (f); and to create 20.835 (2)
13	13	(et), 71.05 (6) (a) 30., 71.07 (8s), 71.21 (8), 71.26 (3) (hi), 71.28 (8s), 71.45 (2) (a)
14	14	25. and 71.47 (8s) of the statutes; relating to: creating a tax credit for employer
15	15	child care programs and making an appropriation.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill creates an income and franchise tax credit for businesses that operate
18	18	a child care program for their employees' children. The credit is equal to the amount
19	19	of capital expenditures incurred in establishing an employee child care program, the
20	20	amount of certain organization and administration expenses incurred, and the
21	21	amount of contributions made to a charitable organization for the purpose of
22	22	establishing an employee child care program. The maximum total credit that may
23	23	be claimed in a taxable year based on those capital expenditures, organization and
24	24	administration expenses, and contributions is $100,000. A person may also claim as
25	25	a credit the amount of operating expenses of an employer child care program, the
26	26	amount of payments made directly to a child care program in the name of and for the
27	27	benefit of an employee, and the amount of certain administrative costs. The
28	28	maximum total credit that may be claimed in a taxable year based on those operating
29	29	expenses, direct payments, and administrative costs is $3,000 for each child of an
30	30	employee participating in the child care program. The credit under the bill is
31	31	refundable, which means that if the credit exceeds the claimant's tax liability, the
32	32	claimant will receive the difference as a refund check.
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39	39	SENATE BILL 623
40	40	For further information see the state fiscal estimate, which will be printed as
41	41	an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 20.835 (2) (et) of the statutes is created to read:
45	45	20.835 (2) (et) Employer child care program credit. A sum sufficient to make
46	46	the payments under ss. 71.07 (8s) (d) 2., 71.28 (8s) (d) 2., and 71.47 (8s) (d) 2.
47	47	SECTION 2. 71.05 (6) (a) 15. of the statutes is amended to read:
48	48	71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dm),
49	49	(2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j),
50	50	(5k), (5r), (5rm), (6n), (8s), and (10) and not passed through by a partnership, limited
51	51	liability company, or tax-option corporation that has added that amount to the
52	52	partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or
53	53	71.34 (1k) (g).
54	54	SECTION 3. 71.05 (6) (a) 30. of the statutes is created to read:
55	55	71.05 (6) (a) 30. The amount contributed to a nonprofit entity that is deducted
56	56	under the Internal Revenue Code as a charitable contribution and that is used to
57	57	calculate a credit under s. 71.07 (8s).
58	58	SECTION 4. 71.07 (8s) of the statutes is created to read:
59	59	71.07 (8s) EMPLOYER CHILD CARE PROGRAM CREDIT. (a) Definitions. In this
60	60	subsection:
61	61	1. “Child care program” means a program in which child care services are
62	62	provided to the children of an employer's employees during the working hours of the
63	63	employees.
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86	86	SECTION 4
87	87	SENATE BILL 623
88	88	2. “Claimant" means an employer who operates a child care program and who
89	89	files a claim under this subsection.
90	90	3. “Qualifying capital expenditures” means capital expenditures incurred in
91	91	establishing a child care program, including mortgage or lease payments and
92	92	expenditures for playground and classroom equipment, kitchen appliances, cooking
93	93	equipment, and real property, including improvements, located in this state.
94	94	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
95	95	to the limitations provided in this subsection, a claimant may claim as a credit
96	96	against the tax imposed under s. 71.02, up to the amount of those taxes, all of the
97	97	following:
98	98	1. An amount equal to the qualifying capital expenditures incurred by the
99	99	claimant and the expenses incurred in organizing and administering direct
100	100	payments to a child care program not operated by the claimant during the first
101	101	taxable year those expenses are incurred. The total amount that the claimant may
102	102	claim as a credit under this subdivision and subd. 2. for a taxable year may not exceed
103	103	$100,000.
104	104	2. An amount equal to the contributions made by the claimant to a nonprofit
105	105	entity described in section 501 (c) 3 of the Internal Revenue Code for the purpose of
106	106	establishing a child care program. The total amount that the claimant may claim as
107	107	a credit under this subdivision and subd. 1. for a taxable year may not exceed
108	108	$100,000.
109	109	3. An amount equal to the expenses incurred by the claimant to operate a child
110	110	care program. The total amount that the claimant may claim as a credit under this
111	111	subdivision and subds. 4. and 5. for a taxable year may not exceed $3,000 for each
112	112	child of an employee participating in the child care program.
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139	139	SECTION 4 SENATE BILL 623
140	140	4. An amount equal to the payments made by the claimant directly to a child
141	141	care program in the name of and for the benefit of an employee of the claimant, not
142	142	exceeding the amount charged to other children of like age and abilities of
143	143	individuals not employed by the claimant. The total amount that the claimant may
144	144	claim as a credit under this subdivision and subds. 3. and 5. for a taxable year may
145	145	not exceed $3,000 for each child of an employee participating in the child care
146	146	program.
147	147	5. An amount equal to the administrative costs associated with payments
148	148	described in subd. 4., not exceeding 1 percent of those payments. The total amount
149	149	that the claimant may claim as a credit under this subdivision and subds. 3. and 4.
150	150	for a taxable year may not exceed $3,000 for each child of an employee participating
151	151	in the child care program.
152	152	(c) Limitations. 1. No credit is allowed under this subsection if the child care
153	153	program is not in compliance with the requirements under subch. XV of ch. 48.
154	154	2. No credit is allowed under par. (b) 4. unless the total amount of the claimant's
155	155	payments to a child care program is greater than or equal to the total amount of the
156	156	employee's payments to the child care program.
157	157	3. Partnerships, limited liability companies, and tax-option corporations may
158	158	not claim the credit under this subsection, but the eligibility for, and the amount of,
159	159	the credit are based on the amounts paid by the entities under par. (b). A
160	160	partnership, limited liability company, or tax-option corporation shall compute the
161	161	amount of credit that each of its partners, members, or shareholders may claim and
162	162	shall provide that information to each of them. Partners, members, and
163	163	shareholders may claim the credit in proportion to their ownership interests.
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190	190	SECTION 4
191	191	SENATE BILL 623
192	192	(d) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the
193	193	credit under s. 71.28 (4), applies to the credit under this subsection.
194	194	2. If the allowable amount of the claim under this subsection exceeds the tax
195	195	otherwise due under s. 71.02, the amount of the claim that is not used to offset those
196	196	taxes shall be certified by the department of revenue to the department of
197	197	administration for payment by check, share draft, or other draft drawn from the
198	198	appropriation under s. 20.835 (2) (et).
199	199	SECTION 5. 71.10 (4) (i) of the statutes is amended to read:
200	200	71.10 (4) (i) The total of claim of right credit under s. 71.07 (1), farmland
201	201	preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
202	202	beyond under s. 71.613, homestead credit under subch. VIII, jobs tax credit under s.
203	203	71.07 (3q), business development credit under s. 71.07 (3y), research credit under s.
204	204	71.07 (4k) (e) 2. a., veterans and surviving spouses property tax credit under s. 71.07
205	205	(6e), enterprise zone jobs credit under s. 71.07 (3w), electronics and information
206	206	technology manufacturing zone credit under s. 71.07 (3wm), employer child care
207	207	program credit under s. 71.07 (8s), earned income tax credit under s. 71.07 (9e),
208	208	estimated tax payments under s. 71.09, and taxes withheld under subch. X.
209	209	SECTION 6. 71.21 (4) (a) of the statutes is amended to read:
210	210	71.21 (4) (a) The amount of the credits computed by a partnership under s.
211	211	71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n),
212	212	(5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8s), and (10) and passed through to partners
213	213	shall be added to the partnership's income.
214	214	SECTION 7. 71.21 (8) of the statutes is created to read:
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239	239	SECTION 7 SENATE BILL 623
240	240	71.21 (8) A charitable deduction under the Internal Revenue Code for an
241	241	amount contributed to a nonprofit entity for the purpose of establishing a child care
242	242	program that is used to calculate the credit under s. 71.07 (8s) is not allowed.
243	243	SECTION 8. 71.26 (2) (a) 4. of the statutes is amended to read:
244	244	71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm),
245	245	(1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (5e), (5g), (5i), (5j), (5k), (5r),
246	246	(5rm), (6n), (8s), and (10) and not passed through by a partnership, limited liability
247	247	company, or tax-option corporation that has added that amount to the partnership's,
248	248	limited liability company's, or tax-option corporation's income under s. 71.21 (4) or
249	249	71.34 (1k) (g).
250	250	SECTION 9. 71.26 (3) (hi) of the statutes is created to read:
251	251	71.26 (3) (hi) Section 170 is modified so that an amount contributed to a
252	252	nonprofit entity for the purpose of establishing a child care program that is used to
253	253	calculate the credit under s. 71.28 (8s) may not be deducted as provided under the
254	254	Internal Revenue Code.
255	255	SECTION 10. 71.28 (8s) of the statutes is created to read:
256	256	71.28 (8s) EMPLOYER CHILD CARE PROGRAM CREDIT. (a) Definitions. In this
257	257	subsection:
258	258	1. “Child care program” has the meaning given in s. 71.07 (8s) (a) 1.
259	259	2. “Claimant" means an employer who operates a child care program and who
260	260	files a claim under this subsection.
261	261	3. “Qualifying capital expenditures” has the meaning given in s. 71.07 (8s) (a)
262	262	3.
263	263	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
264	264	to the limitations provided in this subsection, a claimant may claim as a credit
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292	292	SECTION 10
293	293	SENATE BILL 623
294	294	against the tax imposed under s. 71.23, up to the amount of the tax, all of the
295	295	following:
296	296	1. An amount equal to the qualifying capital expenditures incurred by the
297	297	claimant and the expenses incurred in organizing and administering direct
298	298	payments to a child care program not operated by the claimant during the first
299	299	taxable year those expenses are incurred. The total amount that the claimant may
300	300	claim as a credit under this subdivision and subd. 2. for a taxable year may not exceed
301	301	$100,000.
302	302	2. An amount equal to the contributions made by the claimant to a nonprofit
303	303	entity described in section 501 (c) 3 of the Internal Revenue Code for the purpose of
304	304	establishing a child care program. The total amount that the claimant may claim as
305	305	a credit under this subdivision and subd. 1. for a taxable year may not exceed
306	306	$100,000.
307	307	3. An amount equal to the expenses incurred by the claimant to operate a child
308	308	care program. The total amount that the claimant may claim as a credit under this
309	309	subdivision and subds. 4. and 5. for a taxable year may not exceed $3,000 for each
310	310	child of an employee participating in the child care program.
311	311	4. An amount equal to the payments made by the claimant directly to a child
312	312	care program in the name of and for the benefit of an employee of the claimant, not
313	313	exceeding the amount charged to other children of like age and abilities of
314	314	individuals not employed by the claimant. The total amount that the claimant may
315	315	claim as a credit under this subdivision and subds. 3. and 5. for a taxable year may
316	316	not exceed $3,000 for each child of an employee participating in the child care
317	317	program.
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343	343	SECTION 10 SENATE BILL 623
344	344	5. An amount equal to the administrative costs associated with payments
345	345	described in subd. 4., not exceeding 1 percent of those payments. The total amount
346	346	that the claimant may claim as a credit under this subdivision and subds. 3. and 4.
347	347	for a taxable year may not exceed $3,000 for each child of an employee participating
348	348	in the child care program.
349	349	(c) Limitations. 1. No credit is allowed under this subsection if the onsite
350	350	daycare facility is not in compliance with the requirements under subch. XV of ch.
351	351	48.
352	352	2. No credit is allowed under par. (b) 4. unless the total amount of the claimant's
353	353	payments to a child care program is greater than or equal to the total amount of the
354	354	employee's payments to the child care program.
355	355	3. Partnerships, limited liability companies, and tax-option corporations may
356	356	not claim the credit under this subsection, but the eligibility for, and the amount of,
357	357	the credit are based on the amounts paid by the entities under par. (b). A
358	358	partnership, limited liability company, or tax-option corporation shall compute the
359	359	amount of credit that each of its partners, members, or shareholders may claim and
360	360	shall provide that information to each of them. Partners, members, and
361	361	shareholders may claim the credit in proportion to their ownership interests.
362	362	(d) Administration. 1. Subsection (4) (e), (g), and (h), as it applies to the credit
363	363	under sub. (4), applies to the credit under this subsection.
364	364	2. If the allowable amount of the claim under this subsection exceeds the tax
365	365	otherwise due under s. 71.23, the amount of the claim that is not used to offset those
366	366	taxes shall be certified by the department of revenue to the department of
367	367	administration for payment by check, share draft, or other draft drawn from the
368	368	appropriation under s. 20.835 (2) (et).
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396	396	SECTION 11
397	397	SENATE BILL 623
398	398	SECTION 11. 71.30 (3) (f) of the statutes is amended to read:
399	399	71.30 (3) (f) The total of farmland preservation credit under subch. IX, jobs
400	400	credit under s. 71.28 (3q), enterprise zone jobs credit under s. 71.28 (3w), electronics
401	401	and information technology manufacturing zone credit under s. 71.28 (3wm),
402	402	business development credit under s. 71.28 (3y), research credit under s. 71.28 (4) (k)
403	403	1., employer child care program credit under s. 71.28 (8s), and estimated tax
404	404	payments under s. 71.29.
405	405	SECTION 12. 71.34 (1k) (g) of the statutes is amended to read:
406	406	71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
407	407	corporation under s. 71.28 (1dm), (1dx), (1dy), (3), (3g), (3h), (3n), (3q), (3t), (3w),
408	408	(3wm), (3y), (4), (5), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (8s), and (10) and passed
409	409	through to shareholders.
410	410	SECTION 13. 71.45 (2) (a) 10. of the statutes is amended to read:
411	411	71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
412	412	computed under s. 71.47 (1dm) to (1dy), (3g), (3h), (3n), (3q), (3w), (3y), (5e), (5g), (5i),
413	413	(5j), (5k), (5r), (5rm), (6n), (8s), and (10) and not passed through by a partnership,
414	414	limited liability company, or tax-option corporation that has added that amount to
415	415	the partnership's, limited liability company's, or tax-option corporation's income
416	416	under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47
417	417	(3), (3t), (4), (4m), and (5).
418	418	SECTION 14. 71.45 (2) (a) 25. of the statutes is created to read:
419	419	71.45 (2) (a) 25. By adding to federal taxable income any amount used to
420	420	calculate the credit under s. 71.47 (8s) to the extent that amount is deducted under
421	421	the Internal Revenue Code as a charitable contribution.
422	422	SECTION 15. 71.47 (8s) of the statutes is created to read:
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449	449	SECTION 15 SENATE BILL 623
450	450	71.47 (8s) EMPLOYER CHILD CARE PROGRAM CREDIT. (a) Definitions. In this
451	451	subsection:
452	452	1. “Child care program” has the meaning given in s. 71.07 (8s) (a) 1.
453	453	2. “Claimant" means an employer who operates a child care program and who
454	454	files a claim under this subsection.
455	455	3. “Qualifying capital expenditures” has the meaning given in s. 71.07 (8s) (a)
456	456	3.
457	457	(b) Filing claims. For taxable years beginning after December 31, 2022, subject
458	458	to the limitations provided in this subsection, a claimant may claim as a credit
459	459	against the tax imposed under s. 71.43, up to the amount of the tax, all of the
460	460	following:
461	461	1. An amount equal to the qualifying capital expenditures incurred by the
462	462	claimant and the expenses incurred in organizing and administering direct
463	463	payments to a child care program not operated by the claimant during the first
464	464	taxable year those expenses are incurred. The total amount that the claimant may
465	465	claim as a credit under this subdivision and subd. 2. for a taxable year may not exceed
466	466	$100,000.
467	467	2. An amount equal to the contributions made by the claimant to a nonprofit
468	468	entity described in section 501 (c) 3 of the Internal Revenue Code for the purpose of
469	469	establishing a child care program. The total amount that the claimant may claim as
470	470	a credit under this subdivision and subd. 1. for a taxable year may not exceed
471	471	$100,000.
472	472	3. An amount equal to the expenses incurred by the claimant to operate a child
473	473	care program. The total amount that the claimant may claim as a credit under this
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500	500	SECTION 15
501	501	SENATE BILL 623
502	502	subdivision and subds. 4. and 5. for a taxable year may not exceed $3,000 for each
503	503	child of an employee participating in the child care program.
504	504	4. An amount equal to the payments made by the claimant directly to a child
505	505	care program in the name of and for the benefit of an employee of the claimant, not
506	506	exceeding the amount charged to other children of like age and abilities of
507	507	individuals not employed by the claimant. The total amount that the claimant may
508	508	claim as a credit under this subdivision and subds. 3. and 5. for a taxable year may
509	509	not exceed $3,000 for each child of an employee participating in the child care
510	510	program.
511	511	5. An amount equal to the administrative costs associated with payments
512	512	described in subd. 4., not exceeding 1 percent of those payments. The total amount
513	513	that the claimant may claim as a credit under this subdivision and subds. 3. and 4.
514	514	for a taxable year may not exceed $3,000 for each child of an employee participating
515	515	in the child care program.
516	516	(c) Limitations. 1. No credit is allowed under this subsection if the onsite
517	517	daycare facility is not in compliance with the requirements under subch. XV of ch.
518	518	48.
519	519	2. No credit is allowed under par. (b) 4. unless the total amount of the claimant's
520	520	payments to a child care program is greater than or equal to the total amount of the
521	521	employee's payments to the child care program.
522	522	3. Partnerships, limited liability companies, and tax-option corporations may
523	523	not claim the credit under this subsection, but the eligibility for, and the amount of,
524	524	the credit are based on the amounts paid by the entities under par. (b). A
525	525	partnership, limited liability company, or tax-option corporation shall compute the
526	526	amount of credit that each of its partners, members, or shareholders may claim and
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552	552	KP:cdc&emw
553	553	SECTION 15 SENATE BILL 623
554	554	shall provide that information to each of them. Partners, members, and
555	555	shareholders may claim the credit in proportion to their ownership interests.
556	556	(d) Administration. Section 71.28 (4) (e), (g), and (h), as it applies to the credit
557	557	under s. 71.28 (4), applies to the credit under this subsection.
558	558	2. If the allowable amount of the claim under this subsection exceeds the tax
559	559	otherwise due under s. 71.43, the amount of the claim that is not used to offset those
560	560	taxes shall be certified by the department of revenue to the department of
561	561	administration for payment by check, share draft, or other draft drawn from the
562	562	appropriation under s. 20.835 (2) (et).
563	563	SECTION 16. 71.49 (1) (f) of the statutes is amended to read:
564	564	71.49 (1) (f) The total of farmland preservation credit under subch. IX, jobs
565	565	credit under s. 71.47 (3q), enterprise zone jobs credit under s. 71.47 (3w), business
566	566	development credit under s. 71.47 (3y), research credit under s. 71.47 (4) (k) 1.,
567	567	employer child care program credit under s. 71.47 (8s), and estimated tax payments
568	568	under s. 71.48.
569	569	(END)
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