Wisconsin § 71.01 - Definitions.

§ 71.01. Definitions.

In this chapter in regard to natural persons and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds: 71.01(1) (1) “Adjusted gross income”, when not preceded by the word “federal”, means Wisconsin adjusted gross income, unless otherwise defined or the context plainly requires otherwise. 71.01(1am) (1am) “Aggregate effective tax rate” means the sum of the effective tax rates imposed by a state, U.S. possession, foreign country, or any combination thereof, on the person or entity. 71.01(1as) (1as) “Broadcaster” means a television or radio station licensed by the federal communications commission, a television or radio broadcast network, a cable television network, or a television distribution company. “Broadcaster” does not include a cable service provider, a direct broadcast satellite system, or an Internet content distributor. 71.01(1b) (1b) For purposes of s. 71.04 (7) (df) , (dh) , (dj) , and (dk) , “commercial domicile” means the location from which a trade or business is principally managed and directed, based on any factors the department determines are appropriate, including the location where the greatest number of employees of the trade or business work, have their office or base of operations, or from which the employees are directed or controlled. 71.01(1m) (1m) “Department” means the department of revenue. 71.01(1n) (1n) For purposes of s. 71.04 (7) (df) , (dh) , (dj) , and (dk) , “domicile” means an individual’s true, fixed, and permanent home where the individual intends to remain permanently and indefinitely and to which, whenever absent, the individual intends to return, except that no individual may have more than one domicile at any time. 71.01(1t) (1t) “Effective tax rate” means the maximum tax rate imposed by the state, U.S. possession, or foreign country, multiplied by the apportionment percentage, if any, applicable to the person or entity under the laws of that state, U.S. possession, or foreign country. 71.01(2) (2) “Entertainer” means a nonresident natural person who, for consideration, furnishes amusement, entertainment or public speaking services, or performs in one or more sporting events in this state and includes both employees and independent contractors. 71.01(3) (3) “Federal net operating loss” of persons other than corporations means net operating loss as determined by the taxpayer under the internal revenue code, or if redetermined by the department, as determined by the department under such code or as may be determined on final appeal therefrom. 71.01(4) (4) “Federal taxable income” and “federal adjusted gross income” of natural persons and fiduciaries mean taxable income or adjusted gross income as determined under the internal revenue code or, if redetermined by the department, as determined by the department under the internal revenue code or as may be determined on final appeal therefrom. 71.01(5) (5) “Fiduciary”, “income” and “person” and all other terms not otherwise defined, have the same meaning as in the internal revenue code unless otherwise defined or the context requires otherwise. 71.01(5g) (5g) “File” means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination. 71.01(5m) (5m) “Head of household” has the meaning given in section 2 (b) and (c) of the internal revenue code, except that “head of household” includes surviving spouse, as defined in section 2 (a) of the internal revenue code. 71.01(5n) (5n) For purposes of s. 71.05 (6) (a) 24. and (b) 46. , “intangible expenses” include the following, to the extent that the amounts would otherwise be deductible in computing Wisconsin adjusted gross income: 71.01(5n)(a) (a) Expenses, losses, and costs for, related to, or directly or indirectly in connection with the acquisition, use, maintenance, management, ownership, sale, exchange, or any other disposition of intangible property. 71.01(5n)(b) (b) Losses related to, or incurred in connection directly or indirectly with, factoring transactions or discounting transactions. 71.01(5n)(c) (c) Royalty, patent, technical, and copyright fees. 71.01(5n)(d) (d) Licensing fees. 71.01(5n)(e) (e) Other similar expenses, losses, and costs. 71.01(5p) (5p) “Intangible property” includes stocks, bonds, financial instruments, patents, patent applications, trade names, trademarks, service marks, copyrights, mask works, trade secrets, and similar types of intangible assets. 71.01(5s) (5s) For purposes of s. 71.05 (6) (a) 24. and (b) 46. , “interest expenses” means interest that would otherwise be deductible under section 163 of the Internal Revenue Code and deductible in the computation of Wisconsin adjusted gross income. 71.01(6) (6) 71.01(6)(L) (L) 71.01(6)(L)1. 1. For taxable years beginning after December 31, 2017, and before January 1, 2021, for individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, “Internal Revenue Code” means the federal Internal Revenue Code as amended to December 31, 2017, except as provided in subds. 2. and 3. and s.