Bills · 2021-2022 Regular Session
Relating to: modifications to the tax treatment of tax-option corporations that elect to pay tax at the entity level. (FE)
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill makes the following changes to the tax treatment of tax-option
corporations that elect to pay income or franchise tax at the entity level:
1. The bill allows these corporations to exclude from tax 30 percent of the gains
realized from the sale of assets held more than one year and the sale of all assets
acquired from a decedent and 60 percent of the gains realized from the sale of farm
assets held more than one year and the sale of all farm assets acquired from a
decedent.
2. The bill limits the excess capital loss deduction for these corporations to
$500. As such, under the bill, an electing tax-option corporation with a net loss after
netting capital gains and losses may use up to $500 of the net loss to offset income.
A loss in excess of $500 may be carried forward to the next taxable year in which the
corporation makes the election to pay tax at the entity level.
3. The bill provides that an exception from the general requirement to pay
interest on the underpayment of estimated taxes for corporations whose Wisconsin
net income is less than $250,000 does not apply to these corporations.
4. The bill provides that these corporations, when making quarterly estimated
tax payments, compute the amount due using the standards applicable to taxpayers
with net income of less than $250,000, regardless of the corporation's actual net
income.
The bill applies to taxable years beginning after December 31, 2019.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Votes
Senate: Report passage recommended by Committee on Financial Institutions and Revenue, Ayes 5, Noes 0
Passed 5–0 Feb 4, 2021 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Jan 12, 2021 · Senate
Introduced by Senators Marklein, Kooyenga and Kapenga; cosponsored by Representatives Wittke and Macco
- Jan 12, 2021 · Senate
Read first time and referred to Committee on Financial Institutions and Revenue
- Jan 19, 2021 · Senate
Fiscal estimate received
- Jan 21, 2021 · Senate
Public hearing held
- Feb 3, 2021 · Senate
Representative Skowronski added as a cosponsor
- Feb 4, 2021 · Senate
Executive action taken
- Feb 4, 2021 · Senate
Report passage recommended by Committee on Financial Institutions and Revenue, Ayes 5, Noes 0
- Feb 4, 2021 · Senate
Available for scheduling
- Feb 12, 2021 · Senate
Placed on calendar 2-16-2021 pursuant to Senate Rule 18(1)
- Feb 16, 2021 · Senate
Read a second time
- Feb 16, 2021 · Senate
Laid on table
- Feb 16, 2021 · Senate
Placed on the foot of the 11th order of business on the calendar of 2-16-2021
- Mar 15, 2022 · Senate
Failed to pass pursuant to Senate Joint Resolution 1