Wisconsin Code § 71.21

Computation
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(1) The net income of a partnership
shall be computed in the same manner and on the same basis as
provided for computation of the income of persons other than
corporations.
(2) The standard deduction shall not be allowed in computing
the taxable income of a partnership.
(4) (a) The amount of the credits computed by a partnership
under all of the following and passed through to partners shall be
added to the partnership’s income:
1. Section 71.07 (2dm).
2. Section 71.07 (2dx).
3. Section 71.07 (2dy).
4. Section 71.07 (3g).
5. Section 71.07 (3h).
6. Section 71.07 (3n).
7. Section 71.07 (3q).
8. Section 71.07 (3s).
9. Section 71.07 (3t).
10. Section 71.07 (3w).
11. Section 71.07 (3wm).
12. Section 71.07 (3y).
13. Section 71.07 (4k).
14. Section 71.07 (4n).
15. Section 71.07 (5f).
16. Section 71.07 (5g).
17. Section 71.07 (5h).
18. Section 71.07 (5i).
19. Section 71.07 (5j).
20. Section 71.07 (5k).
21. Section 71.07 (5r).
22. Section 71.07 (5rm).
23. Section 71.07 (6n).
24. Section 71.07 (10).
(b) Amounts computed by a partnership under s. 71.07 (5n) in
the previous taxable year and not included in federal ordinary
business income shall be added to the partnership’s income.
(5) Section 164 (a) (3) of the internal revenue code is modified so that state taxes and taxes of the District of Columbia that
are value-added taxes, single business taxes or taxes on or measured by all or a portion of net income, gross income, gross receipts or capital stock are not deductible.
(6) (a) If persons who, on the day on which an election under
this paragraph is made, hold more than 50 percent of the capital
and profits of a partnership consent, a partnership that is a partnership for federal income tax purposes may elect, on or before
the due date or extended due date of its return under this chapter,
to be taxed at the entity level at a rate of 7.9 percent of net income
reportable to this state as described in par. (d) 1. for that taxable
year.
(b) It is the intent of the election under par. (a) that partners of
a partnership may not include in their Wisconsin adjusted gross
income their proportionate share of all items of income, gain,
loss, or deduction of the partnership. It is also the intent that the
partnership shall pay tax on items that would otherwise be taxed
if this election was not made.
(c) If persons who, on the day on which the election under this
paragraph is made, hold more than 50 percent of the capital and
profits of a partnership that has elected to be taxed at the entity
level under par. (a) consent, a partnership that is a partnership for
federal income tax purposes may elect, on or before the due date
or extended due date of its return under this chapter, to revoke for
that taxable year its election under par. (a).
(d) If an election is made under par. (a), all of the following
apply:
1. The net income of the partnership is computed under subs.
(1) to (5) and the situs of income shall be determined as if the
election under par. (a) was not made.
2. The partnership may not claim the loss under s. 71.05 (8).
3. Except as provided in s. 71.07 (7) (b) 3., the tax credits under this chapter may not be claimed by the partnership.
4. A partner’s adjusted basis of the partner’s interest in the
partnership is determined as if the election under par. (a) was not
made.
5. The provisions of ss. 71.09 and 71.84 relating to estimated
payments and underpayment interest shall apply to the
partnership.
6. If the partnership fails to pay the amount owed to the department with respect to income as a result of the election under
par. (a), the department may collect the amount from the partners
based on their proportionate share of such income.
(e) The department may promulgate rules to implement this
subsection.
(7) A deduction under the Internal Revenue Code for moving
expenses, as defined in s. 71.01 (8j), paid or incurred during the
taxable year to move the taxpayer’s Wisconsin business operation, in whole or in part, to a location outside the state or to move
the taxpayer’s business operations outside the United States is not
allowed.

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