Wisconsin § 71.22 - Definitions.

§ 71.22. Definitions.

In this chapter in regard to corporations and to nuclear decommissioning trust or reserve funds: 71.22(1b) (1b) “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. 71.22(1e) (1e) “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. 71.22(1g) (1g) For purposes of s. 71.25 (9) (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. 71.22(1k) (1k) “Corporation” includes corporations, publicly traded partnerships treated as corporations in section 7704 of the internal revenue code, limited liability companies treated as corporations under the internal revenue code, joint stock companies, associations, common law trusts and all other entities treated as corporations under section 7701 of the Internal Revenue Code, unless the context requires otherwise. A single-owner entity that is disregarded as a separate entity under section 7701 of the Internal Revenue Code is disregarded as a separate entity under this chapter, and its owner is subject to the tax on or measured by the entity’s income. “Corporation” does not include any entity that is a qualified subchapter S subsidiary under s. 71.365 (7) . 71.22(1m) (1m) “Department” means the department of revenue. 71.22(1r) (1r) “Doing business in this state” includes, except as prohibited under P.L. 86-272 , issuing credit, debit, or travel and entertainment cards to customers in this state; regularly selling products or services of any kind or nature to customers in this state that receive the product or service in this state; regularly soliciting business from potential customers in this state; regularly performing services outside this state for which the benefits are received in this state; regularly engaging in transactions with customers in this state that involve intangible property and result in receipts flowing to the taxpayer from within this state; holding loans secured by real or tangible personal property located in this state; owning, directly or indirectly, a general or limited partnership interest in a partnership that does business in this state, regardless of the percentage of ownership; and owning, directly or indirectly, an interest in a limited liability company that does business in this state, regardless of the percentage of ownership, if the limited liability company is treated as a partnership for federal income tax purposes. A taxpayer doing business in this state for any part of the taxable year is considered to be doing business in this state for the entire taxable year. 71.22(1t) (1t) For purposes of s. 71.25 (9) (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. 71.22(1tm) (1tm) “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. 71.22(2) (2) “Entertainment corporation” means a domestic or foreign corporation which derives income from amusement, entertainment or sporting events in this state or from the services of an entertainer, as defined in s. 71.01 (2) . 71.22(2m) (2m) “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. 71.22(3) (3) “Gain” means gain as computed under the internal revenue code. 71.22(3g) (3g) For purposes of ss. 71.26 (2) (a) 7. and 9. and 71.255 (2) (d) 1. , “intangible expenses” include the following, to the extent that the amounts would otherwise be deductible in determining net income under the Internal Revenue Code as modified under s. 71.26 (3) : 71.22(3g)(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. 71.22(3g)(b) (b) Losses related to, or incurred in connection directly or indirectly with, factoring transactions or discounting transactions. 71.22(3g)(c) (c) Royalty, patent, technical, and copyright fees. 71.22(3g)(d) (d) Licensing fees. 71.22(3g)(e) (e) Other similar expenses, losses, and costs. 71.22(3h) (3h) “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. 71.22(3m) (3m) For purposes of ss. 71.26 (2) (a) 7. and 9. and 71.255 (2) (d) 1. , “interest expenses” means interest that would otherwise be deductible under section 163 of the Internal Revenue Code, as modified under s. 71.26 (3) . 71.22(4) (4) 71.22(4)(L) (L) 71.22(4)(L)1. 1. For taxable years beginning after December 31, 2017, and before January 1, 2021, “Internal Revenue Code” means the federal Internal Revenue Code as amended to December 31, 2017, except as provided in subds. 2. and 3. and subject to subd. 4. , and except as provided in sub. (4m) and ss. 71.26 (2) (b) and (3) , 71.34 (1g) , 71.42 (2) , and