Albatross · Data Catalog

Wisconsin

WI · state · 18 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)REACHED: for trusts irrevocable on or after 1999-10-29, residence turns solely on the settlor's WI residency when the property entered the trust; the administered-elsewhere escape exists only for pre-1999 trusts, and no WI case or DOR guidance recognizes a Fielding-style as-applied limit
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Wis. Stat. 71.14(3m)(a) · high confidence · as of 2026-07-13 · TY 2026
Wisconsin taxes an irrevocable inter vivos trust funded by a Wisconsin resident (post-1999 trusts), with no recognized constitutional limit
Trusts, or portions of trusts, the assets of which consist of property placed in the trust by a person who is a resident of this state at the time that the trust became irrevocable if, at the time that the property was placed in the trust, the trust was revocable.
Note: Clause 1 of 71.14(3m)(a) covers property placed while already irrevocable; clause 2 while revocable. The 71.04(1)(b)2 carve-out is a grantor-trust look-through, irrelevant to a non-grantor ING.
https://docs.legis.wisconsin.gov/statutes/statutes/71/ii/14
conformityFederal conformity / capital-gains baseStatic-date conformity: Wis. Stat. §71.01(6) adopts the IRC as amended to December 31, 2022 (TY2023 and later)
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Wis. Stat. §71.01(6) · high confidence · as of 2026-07-03 · TY 2025
Wisconsin adopts the IRC as amended to December 31, 2022 for tax years beginning after December 31, 2022
for taxable years beginning after December 31, 2022, 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, 2022.
Note: Fixed-date (static) conformity, operative date December 31, 2022. Wisconsin separately allows a 30% (60% farm) long-term capital gains exclusion (see wi-character), but the base ties to this date.
https://docs.legis.wisconsin.gov/document/statutes/71.01(6)
estate-noneEstate and inheritance taxNone
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Wisconsin Department of Revenue, Estates, Trusts, and Fiduciaries FAQ · high confidence · as of 2026-07-02 · TY 2025
Wisconsin imposes no estate tax for deaths after December 31, 2007
There is no estate tax for decedents dying after December 31, 2007.
Note: Same page: 'There is no Wisconsin inheritance tax for decedents dying on or after January 1, 1992.'
https://www.revenue.wi.gov/Pages/FAQS/ise-estate.aspx
rateTop income tax rate (TY2025)3.5% / 4.4% / 5.3% / 7.65% graduated (7.65% above $431,060 MFJ; Act 15 widened 4.4% bracket)
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Wis. Stat. §71.06(2)(i) (MFJ schedule; base rates reduced by 2023 Act 19) · high confidence · as of 2026-07-22 · TY 2025
Wisconsin top income tax rate is 7.65% on income above $431,060 (MFJ, TY2025; statutory bracket $300,000 indexed)
For joint returns, for taxable years beginning after December 31, 2012, and before January 1, 2025: ... On all taxable income exceeding $20,000 but not exceeding $300,000, 6.27 percent, except that for taxable years beginning after December 31, 2020, 5.30 percent. On all taxable income exceeding $300,000, 7.65 percent.
Note: MFJ rate schedule lives in §71.06(2)(i) (not (1q), which carries the single-filer schedule). The statute states unindexed base brackets ($0-$10,000 / $20,000 / $300,000); Wisconsin DOR inflation-indexes them to the TY2025 MFJ figures $19,580 / $67,300 / $431,060. The four base rates 4.40 / 5.84 / 6.27 / 7.65 percent were reduced by session law to 3.50 / 4.40 / 5.30 / 7.65 percent (the top 7.65% bracket is unchanged). Sliding standard deduction max $25,110 MFJ phasing to $0 at $155,169 gives effectively $0 shelter for large capital-gain filers.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/06/2/i
characterNet long-term capital gain exclusion30% of net LT gain excluded from WI taxable income (60% for farm property)
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Wis. Stat. §71.05(6)(b)9 · high confidence · as of 2026-07-21 · TY 2025
Wisconsin 30% exclusion of net long-term capital gain from Wisconsin taxable income
On assets held more than one year and on all assets acquired from a decedent, 30 percent of the capital gain as computed under the internal revenue code, not including capital gains for which the federal tax treatment is determined under section 406 of P.L. 99-514 ... For purposes of this subdivision, the capital gains and capital losses for all assets shall be netted before application of the percentage.
Note: The exclusion is computed after federal §1222 netting (Schedule WD), so ST losses erode the excluded base equally. For farm property: 60% exclusion (Wis. Stat. §71.05(6)(b)9m). Both loss characters reduce the excluded base proportionally harvest rule ties for an all-LT estimand. Act 15 (2023) widened the 4.4% bracket. Prior $500 annual loss limit was repealed effective TY2023; current $3,000/$1,500 limit is correctly encoded in WI_CARRYFORWARD.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/6/b/9
carryforwardCapital-loss carryforwardIndefinite (own Schedule WD Part V computation); $3,000/year limit against ordinary income
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Wis. Stat. §71.05(1); Wis. Stat. §71.30(2) · high confidence · as of 2026-06-10 · TY 2025
Wisconsin capital loss carryforward is indefinite (own Schedule WD Part V computation)
Net capital losses may be carried over to subsequent taxable years.
Note: Wisconsin computes its own carryforward on Schedule WD (not simply copying federal). The $3,000 annual limit against ordinary income now applies (TY2023+; prior $500 limit repealed).
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/1
muni-instateIn-state muni bond interestTaxable: Wis. Stat. §71.05(6)(a)1 adds back all non-federal-AGI interest; only narrow Ch.18 Subch.IV bonds excepted; standard WI GOs are taxable
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Wis. Stat. §71.05(6)(a)1 · high confidence · as of 2026-06-18 · TY 2025
WI taxes both in-state and out-of-state muni bond interest add-back of all non-federal-AGI interest
The amount of any interest, except interest under par. (b) 1., less related expenses, which is not included in federal adjusted gross income, and except the amount of any interest or original issue discount derived from bonds issued under subch. IV of ch. 18.
Note: §71.05(6)(a)1 adds back all interest not included in federal AGI. The only exception is WI Chapter 18 Subchapter IV bonds (a narrow higher-education program). Standard Wisconsin general obligation bonds and all out-of-state muni bonds are taxable. WI is one of two states (with IL) that taxes its own bonds as the default rule.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/6/a
muni-outstateOut-of-state muni bond interestTaxable: Wis. Stat. §71.05(6)(a)1 requires add-back; no Wisconsin exemption for out-of-state bonds
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Wis. Stat. §71.05(6)(a)1 · high confidence · as of 2026-06-18 · TY 2025
WI taxes both in-state and out-of-state muni bond interest add-back of all non-federal-AGI interest
The amount of any interest, except interest under par. (b) 1., less related expenses, which is not included in federal adjusted gross income, and except the amount of any interest or original issue discount derived from bonds issued under subch. IV of ch. 18.
Note: §71.05(6)(a)1 adds back all interest not included in federal AGI. The only exception is WI Chapter 18 Subchapter IV bonds (a narrow higher-education program). Standard Wisconsin general obligation bonds and all out-of-state muni bonds are taxable. WI is one of two states (with IL) that taxes its own bonds as the default rule.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/6/a
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via 2017 Wis. Act 231 (Wis. Stat. §71.05(25m))
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2017 Wis. Act 231; Wis. Stat. §71.05(25m) · high confidence · as of 2026-06-19 · TY 2025
Wisconsin conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
From Wisconsin adjusted gross income there may be subtracted an amount equal to the amount excluded from gross income under section 1400Z-2 of the Internal Revenue Code for gain from a qualifying investment in a qualified opportunity fund.
Note: Wisconsin 2017 Wis. Act 231 enacted explicit QOZ conformity (Wis. Stat. §71.05(25m)) effective for investments in federal opportunity zones.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/25m
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS gain exclusion via 2023 Wis. Act 36 (Wis. Stat. §71.98(5)); federally excluded gain also excluded from Wisconsin income
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2023 Wis. Act 36; Wis. Stat. §71.98(5) · high confidence · as of 2026-07-22 · TY 2025
Wisconsin conforms to IRC §1202 QSBS gain exclusion
(a) Except as provided in par. (b), for stock acquired after December 31, 2013, section 1202 of the Internal Revenue Code, as amended to December 31, 2012, related to the exclusion for gain from certain small business stock. (b) For taxable years beginning after December 31, 2018, section 1202 of the Internal Revenue Code in effect for federal purposes.
Note: Wis. Stat. §71.98(5) is a two-part conditional: par. (a) sets a fixed-date rule (IRC §1202 as amended to Dec 31, 2012 for stock acquired after Dec 31, 2013), but par. (b) OVERRIDES it for tax years after Dec 31, 2018 by adopting IRC §1202 in effect for federal purposes (ROLLING conformity). So for TY2025 Wisconsin conforms to current federal §1202; federally excluded gain is also excluded from Wisconsin income. The prior quote was a paraphrase of this conclusion, not statutory text.
https://docs.legis.wisconsin.gov/statutes/statutes/71/XVI/98/5
agency-obligationsGSE bond interest (FNMA/FHLMC)Taxable: FNMA/FHLMC interest is in federal AGI (not IRC §103-excluded); Wisconsin's §71.05(6)(a)1 add-back applies only to non-AGI interest; FNMA/FHLMC flows through the base with no subtraction available
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Wis. Stat. §71.05(6)(a)1 · high confidence · as of 2026-06-20 · TY 2025
Wisconsin taxes FNMA and FHLMC bond interest: the §71.05(6)(a)1 add-back mechanism only affects interest excluded from federal AGI; FNMA/FHLMC interest is in federal AGI and thus in the Wisconsin income base
The amount of any interest, except interest under par. (b) 1., less related expenses, which is not included in federal adjusted gross income.
Note: FNMA and FHLMC bond interest is INCLUDED in federal adjusted gross income; it is not exempt from federal tax. Wisconsin's §71.05(6)(a)1 only adds back interest NOT in federal AGI. Because FNMA/FHLMC interest is already in the Wisconsin income base, no separate addition is needed and no subtraction is available (no federal preemption statute exists). The 30% LT gain exclusion (§71.05(6)(b)9) applies only to capital gains, not interest income.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/6/a
dividend-qualifiedQualified dividend incomeOrdinary rate: Wisconsin's 30% LT gain exclusion applies only to capital gains (Wis. Stat. §71.05(6)(b)9); dividend income taxed at ordinary rates up to 7.65% with no IRC §1(h)(11) preference
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Wis. Stat. §71.06(2)(i) (MFJ schedule; base rates reduced by 2023 Act 19) · high confidence · as of 2026-07-22 · TY 2025
Wisconsin top income tax rate is 7.65% on income above $431,060 (MFJ, TY2025; statutory bracket $300,000 indexed)
For joint returns, for taxable years beginning after December 31, 2012, and before January 1, 2025: ... On all taxable income exceeding $20,000 but not exceeding $300,000, 6.27 percent, except that for taxable years beginning after December 31, 2020, 5.30 percent. On all taxable income exceeding $300,000, 7.65 percent.
Note: MFJ rate schedule lives in §71.06(2)(i) (not (1q), which carries the single-filer schedule). The statute states unindexed base brackets ($0-$10,000 / $20,000 / $300,000); Wisconsin DOR inflation-indexes them to the TY2025 MFJ figures $19,580 / $67,300 / $431,060. The four base rates 4.40 / 5.84 / 6.27 / 7.65 percent were reduced by session law to 3.50 / 4.40 / 5.30 / 7.65 percent (the top 7.65% bracket is unchanged). Sliding standard deduction max $25,110 MFJ phasing to $0 at $155,169 gives effectively $0 shelter for large capital-gain filers.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/06/2/i
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
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31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Wisconsin income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
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12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Wisconsin income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
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IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
community-propertyCommunity property stateCommunity property state (Marital Property Act): all property acquired during marriage is marital property unless classified separately; Wis. Stat. § 766.31 is functionally equivalent to community property and recognized as such by the IRS
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Wis. Stat. § 766.31 (Marital Property Act) · high confidence · as of 2026-06-21 · TY 2025
Wisconsin is a community property state under the Marital Property Act: property acquired during marriage is marital property (Wis. Stat. § 766.31)
All property of spouses is marital property except that which is classified otherwise under this chapter.
Note: Wisconsin adopted the Uniform Marital Property Act in 1986. The Wisconsin Marital Property Act is functionally equivalent to community property and is recognized as such by the IRS for federal income tax purposes. Wis. Stat. § 766.31 is the primary classification rule. Wisconsin treats marital property the same as community property for federal (and Wisconsin) income tax filing.
https://docs.legis.wisconsin.gov/statutes/statutes/766/31
filing-status-partialFiling status: partial MFJ bracket wideningYes: graduated income tax up to 7.65% (TY2025); MFJ bracket thresholds are partially wider than single filer but not fully doubled; some marriage penalty at the top bracket where thresholds converge.
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Wis. Stat. §71.06(2)(i) (MFJ schedule; base rates reduced by 2023 Act 19) · high confidence · as of 2026-07-22 · TY 2025
Wisconsin top income tax rate is 7.65% on income above $431,060 (MFJ, TY2025; statutory bracket $300,000 indexed)
For joint returns, for taxable years beginning after December 31, 2012, and before January 1, 2025: ... On all taxable income exceeding $20,000 but not exceeding $300,000, 6.27 percent, except that for taxable years beginning after December 31, 2020, 5.30 percent. On all taxable income exceeding $300,000, 7.65 percent.
Note: MFJ rate schedule lives in §71.06(2)(i) (not (1q), which carries the single-filer schedule). The statute states unindexed base brackets ($0-$10,000 / $20,000 / $300,000); Wisconsin DOR inflation-indexes them to the TY2025 MFJ figures $19,580 / $67,300 / $431,060. The four base rates 4.40 / 5.84 / 6.27 / 7.65 percent were reduced by session law to 3.50 / 4.40 / 5.30 / 7.65 percent (the top 7.65% bracket is unchanged). Sliding standard deduction max $25,110 MFJ phasing to $0 at $155,169 gives effectively $0 shelter for large capital-gain filers.
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/06/2/i
migration-loss-conformityMigration loss carryforward conformityDisallowed: Wisconsin does not allow deducting capital losses incurred while a nonresident prior to establishing Wisconsin residency.
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Wis. Stat. §71.05(1); Wis. Stat. §71.30(2) · high confidence · as of 2026-06-10 · TY 2025
Wisconsin capital loss carryforward is indefinite (own Schedule WD Part V computation)
Net capital losses may be carried over to subsequent taxable years.
Note: Wisconsin computes its own carryforward on Schedule WD (not simply copying federal). The $3,000 annual limit against ordinary income now applies (TY2023+; prior $500 limit repealed).
https://docs.legis.wisconsin.gov/statutes/statutes/71/I/05/1