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Multistate Tax  |  February 17, 2023
State Tax Matters
State Tax Matters
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Credits/Incentives:
Wisconsin DOR Summarizes State Benefits of Investments in Federal Qualified Opportunity Zones

Fact Sheet 1121: Capital Gain Exclusion – Investment in a Wisconsin Qualified Opportunity Fund, Wis. Dept. of Rev. (rev. 1/31/23); Fact Sheet 1102-2: Deferral and Exclusion of Long-Term Capital Gains for Investments in Qualified Wisconsin Businesses, Wis. Dept. of Rev. (rev. 2/13/23). In one recently revised “Fact Sheet,” the Wisconsin Department of Revenue (Department) summarizes and explains the potential resulting federal and state income tax benefits for qualifying investments in a Wisconsin qualified opportunity fund (WQOF) and/or federal opportunity zone as prescribed by Internal Revenue Code sections 1400Z-1 and 1400Z-2 under the federal Tax Cuts and Jobs Act of 2017 (i.e., P.L. 115-97), including underlying capital gain exclusions/deferrals and basis adjustments. According to this guidance Wisconsin provides:

  1. A subtraction from income, in addition to the federal exclusion, for an investment in a WQOF, and
  2. A capital gain basis adjustment, in addition to the federal exclusion, for an investment in a WQOF.

The Department then explains how to compute the various amounts, relevant definitions, the certification process, and additional available resources. Another revised Fact Sheet addresses the deferral and exclusion of long-term capital gains for investments made in “qualified Wisconsin businesses” to reflect state laws and rules in effect as of February 13, 2023. Please contact us with any questions.

 

—

Scott Bender (Milwaukee)

Principal

Deloitte Tax LLP

 

Linda Bonelli (Chicago)

Partner

Deloitte Tax LLP

 

Michael Gordon (Milwaukee)

Senior Manager

Deloitte Tax LLP

Kyle Olmschenk (Chicago)

Senior Manager

Deloitte Tax LLP



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In this issue

Illinois: Adopted Rule Changes Reflect 20-Year Carryover on Some Net Operating Losses Louisiana DOR Addresses Partnership Filing Requirements for 2022 Tax Year New Hampshire: Adopted Rule Reflects NOL Changes Under Business Profits Tax New York High Court Denies Reviewing Appellate Court Opinion in Statutory Resident Case Washington DOR Implements Controversial Tax on Capital Gains, Including Online Payment System West Virginia: New Law Generally Updates State Conformity to Internal Revenue Code


Wisconsin DOR Summarizes State Benefits of Investments in Federal Qualified Opportunity Zones


Colorado Department of Revenue Adopts Rules Implementing New Retail Delivery Fee Illinois: Adopted Rules Address Nexus, Occasional Sales, and Leveling the Playing Field for Retail Act Louisiana: Draft Proposed New Rules and Bulletin on Remote Sellers and Marketplace Facilitators Louisiana Board of Tax Appeals Says Personal Data Cloud/Storage Services are Exempt under ITFA Missouri DOR Proposes Amended and New Rules on Drop Shipments and Marketplace Facilitators South Dakota: New Law Removes 200-Transaction Threshold from Wayfair Economic Nexus Statute


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