1 | 1 | | LRB-5348/1 |
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2 | 2 | | MDE:skw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 882 |
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5 | 5 | | January 5, 2024 - Introduced by Senators FEYEN and WANGGAARD, cosponsored by |
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6 | 6 | | Representatives WITTKE, ZIMMERMAN, ARMSTRONG, GOEBEN, NEDWESKI, |
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7 | 7 | | O'CONNOR and SHANKLAND. Referred to Committee on Universities and |
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8 | 8 | | Revenue. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to amend 238.15 (3) (e) of the statutes; relating to: transferring the |
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11 | 11 | | angel investment tax credit. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill allows the angel investment tax credit to be sold or otherwise |
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14 | 14 | | transferred to another taxpayer. |
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15 | 15 | | Under current law, the angel investment tax credit offsets the individual |
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16 | 16 | | income tax and equals 25 percent of the claimant's eligible investment in a qualified |
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17 | 17 | | new business venture that is certified by the Wisconsin Economic Development |
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18 | 18 | | Corporation. The credit may not be sold or otherwise transferred. The credit is part |
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19 | 19 | | of the early stage business investment program, along with the early stage seed |
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20 | 20 | | investment tax credit. Unlike the angel investment tax credit, the early stage seed |
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21 | 21 | | investment tax credit may be sold or otherwise transferred. |
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22 | 22 | | Under the bill, a person eligible to claim the angel investment tax credit may |
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23 | 23 | | sell or otherwise transfer the credit to another person who is subject to Wisconsin |
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24 | 24 | | individual income tax if the person notifies WEDC and the Department of Revenue |
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25 | 25 | | of the transfer and submits a copy of the transfer documents. The bill provides that, |
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26 | 26 | | as with the early stage seed investment tax credit under current law, a person may |
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27 | 27 | | not sell or otherwise transfer a credit more than once in a 12-month period and |
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28 | 28 | | WEDC may charge a fee of up to 5 percent of the credit amount. The bill also specifies |
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29 | 29 | | that a person may not sell or otherwise transfer an individual credit more than once |
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30 | 30 | | in a 12-month period. |
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31 | 31 | | 1 |
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32 | 32 | | 2 - 2 -2023 - 2024 Legislature LRB-5348/1 |
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33 | 33 | | MDE:skw |
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34 | 34 | | SENATE BILL 882 |
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35 | 35 | | For further information see the state fiscal estimate, which will be printed as |
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36 | 36 | | an appendix to this bill. |
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37 | 37 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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38 | 38 | | enact as follows: |
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39 | 39 | | SECTION 1. 238.15 (3) (e) of the statutes is amended to read: |
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40 | 40 | | 238.15 (3) (e) Transfer. A person who is eligible to claim a credit under s. 71.07 |
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41 | 41 | | (5b), 71.28 (5b), 71.47 (5b), or 76.638 may sell or otherwise transfer the credit to |
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42 | 42 | | another person who is subject to the taxes or fees imposed under s. 71.02, 71.23, |
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43 | 43 | | 71.47, or subch. III of ch. 76, if the person receives prior authorization from the |
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44 | 44 | | investment fund manager and the manager then notifies the corporation and the |
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45 | 45 | | department of revenue of the transfer and submits with the notification a copy of the |
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46 | 46 | | transfer documents. A person who is eligible to claim a credit under s. 71.07 (5d) may |
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47 | 47 | | sell or otherwise transfer the credit to another person who is subject to the taxes |
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48 | 48 | | imposed under s. 71.02 if the person notifies the corporation and the department of |
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49 | 49 | | revenue of the transfer and submits with the notification a copy of the transfer |
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50 | 50 | | documents. No person may sell or otherwise transfer a an individual credit as |
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51 | 51 | | provided in this paragraph more than once in a 12-month period. The corporation |
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52 | 52 | | may charge any person selling or otherwise transferring a credit under this |
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53 | 53 | | paragraph a fee of up to 5 percent of the credit amount sold or transferred. |
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54 | 54 | | (END) |
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