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Waukesha Times

Tuesday, September 9, 2025

Rep. Allen of Wisconsin Assembly authors bill on separate filing for EITC

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Scott Allen, Wisconsin State Representative for 82nd District | Facebook

Scott Allen, Wisconsin State Representative for 82nd District | Facebook

A new bill authored by State Rep. Scott Allen in the Wisconsin Assembly seeks to modify filing conditions for the state Earned Income Tax Credit to assist married individuals unable to file jointly due to domestic abuse, according to the Wisconsin State Assembly.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "allowing certain married persons to claim the earned income tax credit when filing a separate return. (FE)".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill modifies the conditions for married individuals in Wisconsin to claim the state Earned Income Tax Credit (EITC) when filing separately, effective for tax years beginning after Dec. 31, 2024. Currently, married couples must file jointly to claim the EITC. The bill allows those living apart from their spouse and who cannot file jointly due to domestic abuse to claim the Wisconsin EITC by filing separately. Domestic abuse is defined to include physical pain, injury, illness, or sexual assault. The credit amount for these individuals mirrors what they could claim if considered unmarried, with rates depending on the number of qualifying children: 4% with one child, 11% with two, and 34% with three or more.

The bill was co-authored by Senator André Jacque (Republican-1st District), Representative Clinton M. Anderson (Democrat-45th District), Representative David Armstrong (Republican-67th District), Representative Barbara Dittrich (Republican-99th District), Representative Russell Goodwin (Democrat-12th District). It was co-sponsored by Senator Mark Spreitzer (Democrat-15th District), along 11 other co-sponsors.

Scott Allen has co-authored or authored another five bills since the beginning of the 2025 session, with none of them being enacted.

Allen graduated from the University of Wisconsin-Milwaukee in 1989 with a BA.

Allen, a Republican, was elected to the Wisconsin State Assembly in 2025 to represent the state's 82nd Assembly district, replacing previous state representative Chuck Wichgers.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bills Introduced by Scott Allen in Wisconsin Assembly During 2025 Regular Session

Bill NumberDate IntroducedShort Description
AB2002/06/2025Allowing certain married persons to claim the earned income tax credit when filing a separate return. (FE)
AB1902/06/2025Increased penalties for crimes against adults at risk; restraining orders for adults at risk; freezing assets of a defendant charged with financial exploitation of an adult at risk; sexual assault of an adult at risk; and providing a penalty

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