Bills · 2025-2026 Regular Session
Relating to: individual income tax subtraction for certain theft losses. (FE)
Crime and criminals Income tax — Deduction Legislature — Tax exemptions joint survey committee on
- Introduced, completed
- Passes Assembly, completed
- Passes Senate, completed
- Governor signs, completed
- Law, completed
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill allows taxpayers to subtract certain theft losses when calculating their income for individual income tax purposes, beginning with taxable year 2024.
Under the bill, a taxpayer may subtract a theft loss if the loss is deductible in the taxable year as an itemized deduction under federal law, regardless of whether the individual claims the federal deduction. Under federal law, the deduction is limited to losses that are related to a profit-seeking activity or connected to a federally declared disaster (or, beginning next year, a state declared disaster). Federal law imposes additional conditions, including that there be no reasonable chance of recovering the money or property, and generally provides that a theft loss is claimed in the year in which the taxpayer discovers the loss.
The bill also provides that taxpayers who make the subtraction under the bill may not include the theft loss in the amount used to claim the itemized deductions tax credit. Under current law, that credit is based on the amount of specified itemized deductions a taxpayer is eligible to claim for federal tax purposes.
Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: Swearingen (R)
5 cosponsors
Felzkowski (R) , Ortiz-Velez (D) , Smith (D) , Snyder (R) , Spreitzer (D)
Registered lobbying interests · 3
Organizations that registered lobbying activity on this bill with the Wisconsin Ethics Commission. Registration means interest, not a position for or against. Official record
Votes
Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 10, Noes 0
Passed 10–0 Feb 4, 2026 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report passage as amended recommended by Committee on Ways and Means, Ayes 10, Noes 0
Passed 10–0 Feb 4, 2026 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Assembly: Report of Joint Survey Committee on Tax Exemptions received, Ayes 9, Noes 0
Passed 9–0 Feb 10, 2026 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 99
- Adam Neylon (15)
- Alex Dallman (39)
- Alex Joers (81)
- Amaad Rivera-Wagner (90)
- Amanda Nedweski (32)
- Andrew Hysell (48)
- Angela Stroud (73)
- Angelina Cruz (62)
- Angelito Tenorio (14)
- Ann Roe (44)
- Barbara Dittrich (99)
- Ben DeSmidt (65)
- Ben Franklin (88)
- Bob Donovan (61)
- Bob Wittke (63)
- Brent Jacobson (87)
- Brienne Brown (43)
- Calvin Callahan (35)
- Chanz Green (74)
- Christian Phelps (93)
- Christine Sinicki (20)
- Chuck Wichgers (84)
- Cindi Duchow (97)
- Clint Anderson (45)
- Clint Moses (92)
- Dan Knodl (24)
- Darrin Madison (10)
- Dave Armstrong (67)
- Dave Maxey (83)
- Dave Murphy (56)
- David Steffen (4)
- Dean Kaufert (53)
- Deb Andraca (23)
- Duke Tucker (75)
- Elijah Behnke (6)
- Francesca Hong (76)
- Greta Neubauer (66)
- Gus Gustafson (55)
- Jeff Mursau (36)
- Jenna Jacobson (50)
- Jerry O'Connor (60)
- Jessie Rodriguez (21)
- Jill Billings (95)
- Jim Piwowarczyk (98)
- Joan Fitzgerald (46)
- Jodi Emerson (91)
- Joe Sheehan (26)
- Joel Kitchens (1)
- John Spiros (86)
- Joy Goeben (5)
- Kalan Haywood (16)
- Karen DeSanto (40)
- Karen Hurd (69)
- Karen Kirsch (7)
- Kevin Petersen (57)
- Lee Snodgrass (52)
- Lindee Brill (27)
- Lisa Subeck (79)
- Lori Palmeri (54)
- Margaret Arney (18)
- Mark Born (37)
- Maureen McCarville (42)
- Mike Bare (80)
- Nancy VanderMeer (70)
- Pat Snyder (85)
- Paul Melotik (22)
- Paul Tittl (25)
- Priscilla Prado (9)
- Randy Udell (47)
- Renuka Mayadev (77)
- Rick Gundrum (58)
- Rob Brooks (59)
- Rob Kreibich (28)
- Rob Summerfield (68)
- Rob Swearingen (34)
- Robin Vos (33)
- Robyn Vining (13)
- Ron Tusler (3)
- Russell Goodwin (12)
- Ryan Clancy (19)
- Ryan Spaude (89)
- Scott Allen (82)
- Scott Krug (72)
- Sequanna Taylor (11)
- Shae Sortwell (2)
- Shannon Zimmerman (30)
- Shelia Stubbs (78)
- Steve Doyle (94)
- Supreme Moore Omokunde (17)
- Sylvia Ortiz-Velez (8)
- Tara Johnson (96)
- Tip McGuire (64)
- Todd Novak (51)
- Tony Kurtz (41)
- Travis Tranel (49)
- Treig Pronschinske (29)
- Tyler August (31)
- Vinnie Miresse (71)
- Will Penterman (38)
Senate: Report concurrence recommended by Joint Committee on Finance, Ayes 16, Noes 0
Passed 16–0 Mar 3, 2026 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Senate: Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
Passed 3–2 Mar 16, 2026 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 33
- André Jacque (1)
- Bob Wirch (22)
- Brad Pfaff (32)
- Chris Kapenga (33)
- Chris Larson (7)
- Cory Tomczyk (29)
- Dan Feyen (20)
- Devin LeMahieu (9)
- Dianne Hesselbein (27)
- Dora Drake (4)
- Eric Wimberger (2)
- Howard Marklein (17)
- Jamie Wall (30)
- Jeff Smith (31)
- Jesse James (23)
- Jodi Habush Sinykin (8)
- John Jagler (13)
- Julian Bradley (28)
- Kelda Roys (26)
- Kristin Dassler-Alfheim (18)
- LaTonya Johnson (6)
- Mark Spreitzer (15)
- Mary Felzkowski (12)
- Melissa Ratcliff (16)
- Patrick Testin (24)
- Rachael Cabral-Guevara (19)
- Rob Hutton (5)
- Rob Stafsholt (10)
- Romaine Quinn (25)
- Sarah Keyeski (14)
- Steve Nass (11)
- Tim Carpenter (3)
- Van Wanggaard (21)
Full history
- Nov 26, 2025 · Assembly
Introduced by Representative Swearingen; cosponsored by Senator Felzkowski
- Nov 26, 2025 · Assembly
Read first time and referred to Committee on Ways and Means
- Dec 19, 2025 · Assembly
Fiscal estimate received
- Jan 12, 2026 · Assembly
Assembly Substitute Amendment 1 offered by Representative Swearingen
- Jan 21, 2026 · Assembly
Public hearing held
- Feb 4, 2026 · Assembly
Assembly Substitute Amendment 2 offered by Representative Swearingen
- Feb 4, 2026 · Assembly
Executive action taken
- Feb 4, 2026 · Assembly
Report Assembly Substitute Amendment 1 adoption recommended by Committee on Ways and Means, Ayes 10, Noes 0
- Feb 4, 2026 · Assembly
Report passage as amended recommended by Committee on Ways and Means, Ayes 10, Noes 0
- Feb 4, 2026 · Assembly
Referred to committee on Rules
- Feb 4, 2026 · Assembly
Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representative Swearingen
- Feb 6, 2026 · Assembly
Referred to joint survey committee on Tax Exemptions pursuant to Assembly Rule 45 (4)
- Feb 6, 2026 · Assembly
Senator Spreitzer added as a cosponsor
- Feb 9, 2026 · Assembly
Executive action taken by joint survey committee on Tax Exemptions
- Feb 10, 2026 · Assembly
Report of Joint Survey Committee on Tax Exemptions received, Ayes 9, Noes 0
- Feb 12, 2026 · Assembly
Representative Snyder added as a coauthor
- Feb 13, 2026 · Assembly
Withdrawn from Committee on Rules and referred to calendar of 2-17-2026
- Feb 16, 2026 · Assembly
Representative Ortiz-Velez added as a coauthor
- Feb 17, 2026 · Assembly
Read a second time
- Feb 17, 2026 · Assembly
Assembly Substitute Amendment 2 adopted
- Feb 17, 2026 · Assembly
Ordered to a third reading
- Feb 17, 2026 · Assembly
Rules suspended
- Feb 17, 2026 · Assembly
Read a third time and passed, Ayes 99, Noes 0
- Feb 17, 2026 · Assembly
Ordered immediately messaged
- Feb 18, 2026 · Senate
Received from Assembly
- Feb 20, 2026 · Senate
Read first time and referred to committee on Senate Organization
- Feb 20, 2026 · Senate
Available for scheduling
- Feb 27, 2026 · Senate
Withdrawn from committee on Senate Organization and rereferred to joint committee on Finance pursuant to Senate Rule 46(2)(c)
- Mar 3, 2026 · Senate
Executive action taken
- Mar 3, 2026 · Senate
Report concurrence recommended by Joint Committee on Finance, Ayes 16, Noes 0
- Mar 3, 2026 · Senate
Available for scheduling
- Mar 16, 2026 · Senate
Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
- Mar 16, 2026 · Senate
Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)
- Mar 17, 2026 · Senate
Read a second time
- Mar 17, 2026 · Senate
Ordered to a third reading
- Mar 17, 2026 · Senate
Rules suspended to give bill its third reading
- Mar 17, 2026 · Senate
Read a third time and concurred in, Ayes 33, Noes 0
- Mar 17, 2026 · Senate
Senator Smith added as a cosponsor
- Mar 17, 2026 · Senate
Ordered immediately messaged
- Mar 18, 2026 · Assembly
Received from Senate concurred in
- Mar 23, 2026 · Assembly
Report correctly enrolled on 3-23-2026
- Apr 2, 2026 · Assembly
Presented to the Governor on 4-2-2026
- Apr 3, 2026 · Assembly
Report approved by the Governor on 4-3-2026. 2025 Wisconsin Act 192
- Apr 3, 2026 · Assembly
Published 4-4-2026