AB641,67
18Section
67. 70.855 (1) (intro.) of the statutes is amended to read:
AB641,28,2119
70.855
(1) Applicability. (intro.) The department of revenue shall assess real
20and personal property assessed as commercial property under s. 70.32 (2) (a) 2. if all
21of the following apply:
AB641,68
22Section
68. 70.855 (1) (a) of the statutes is amended to read:
AB641,29,223
70.855
(1) (a) The property owner and the governing body of the municipality
24where the property is located submit a written request to the department on or before
1March 1 of the year of the assessment to have the department assess the property
2owner's real
and personal commercial property located in the municipality.
AB641,69
3Section
69. 70.855 (1) (b) of the statutes is amended to read:
AB641,29,54
70.855
(1) (b) The written request submitted under par. (a) specifies the
items
5of personal property and parcels of real property for the department's assessment.
AB641,70
6Section
70. 70.995 (1) (a) of the statutes is amended to read:
AB641,29,227
70.995
(1) (a) In this section “manufacturing property" includes all
lands,
8buildings, structures and other real property
, as defined in s. 70.03, used in
9manufacturing, assembling, processing, fabricating, making or milling tangible
10personal property for profit. Manufacturing property also includes warehouses,
11storage facilities
, and office structures when the predominant use of the warehouses,
12storage facilities
, or offices is in support of the manufacturing property
, and all
13personal property owned or used by any person engaged in this state in any of the
14activities mentioned, and used in the activity, including raw materials, supplies,
15machinery, equipment, work in process and finished inventory when located at the
16site of the
activity production process, as defined in s. 70.11 (27) (a) 5.
17Establishments engaged in assembling component parts of manufactured products
18are considered manufacturing establishments if the new product is neither a
19structure nor other fixed improvement. Materials processed by a manufacturing
20establishment include products of agriculture, forestry, fishing, mining
, and
21quarrying. For the purposes of this section, establishments which engage in mining
22metalliferous minerals are considered manufacturing establishments.
AB641,71
23Section
71. 70.995 (3) of the statutes is amended to read:
AB641,30,424
70.995
(3) For purposes of subs. (1) and (2) “manufacturing, assembling,
25processing, fabricating, making or milling" includes the entire productive process
1and includes such activities as the storage of raw materials, the movement thereof
2to the first operation thereon, and the packaging, bottling, crating
, or similar
3preparation of products for shipment
when located at the site of the production
4process, as defined in s. 70.11 (27) (a) 5.
AB641,72
5Section
72. 70.995 (4) of the statutes is amended to read:
AB641,30,246
70.995
(4) Whenever real property
or tangible personal property is used for
7one, or some combination, of the processes mentioned in sub. (3) and also for other
8purposes, the department of revenue, if satisfied that there is substantial use in one
9or some combination of such processes, may assess the property under this section.
10For all purposes of this section the department of revenue shall have sole discretion
11for the determination of what is substantial use and what description of real property
12or what unit of tangible personal property shall constitute “the property" to be
13included for assessment purposes, and, in connection herewith, the department may
14include in a real property unit, real property owned by different persons. Vacant
15property designed for use in manufacturing, assembling, processing, fabricating,
16making
, or milling tangible property for profit may be assessed under this section or
17under s. 70.32 (1), and the period of vacancy may not be the sole ground for making
18that determination. In those specific instances where a portion of a description of
19real property includes manufacturing property rented or leased and operated by a
20separate person which does not satisfy the substantial use qualification for the entire
21property, the local assessor shall assess the entire real property description
and all
22personal property not exempt under s. 70.11 (27). The applicable portions of the
23standard manufacturing property report form under sub. (12) as they relate to
24manufacturing machinery and equipment shall be submitted by such person.
AB641,73
25Section
73. 70.995 (5) of the statutes is amended to read:
AB641,31,10
170.995
(5) The department of revenue shall assess all property of
2manufacturing establishments included under subs. (1) and (2) as of the close of
3January 1 of each year, if on or before March 1 of that year the department has
4classified the property as manufacturing or the owner of the property has requested,
5in writing, that the department make such a classification and the department later
6does so. A change in ownership
, location, or name of the manufacturing
7establishment does not necessitate a new request. In assessing lands from which
8metalliferous minerals are being extracted and valued for purposes of the tax under
9s. 70.375, the value of the metalliferous mineral content of such lands shall be
10excluded.
AB641,74
11Section
74. 70.995 (5n) of the statutes is created to read:
AB641,31,1612
70.995
(5n) (a)
If the department of revenue determines that an establishment
13is engaged in manufacturing, as defined in subs. (1), (2), and (3), the department may
14classify the establishment as manufacturing. The establishment shall submit a
15written request on or before July 1 of the year for which classification is desired, as
16provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c.
AB641,31,2017
(b) The department may at any time investigate or audit requests submitted
18under par. (a) and may revoke a classification. An establishment that submits a
19request under par. (a) shall notify the department within 60 days of any termination
20of manufacturing activity.
AB641,32,421
(c) On or before December 31 of the year in which a request is timely submitted
22under par. (a), the department shall issue a notice of determination responding to the
23timely request. The department may, in its sole discretion, issue a notice of
24determination by December 31 for requests received after July 1 of the year in which
25classification is desired. The notice shall be in writing and shall be sent by 1st class
1mail or electronic mail. In addition, the notice shall specify that objections to the
2decision shall be filed with the state board of assessors no later than 60 days after
3the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
4that the objection is not filed until the fee is paid.
AB641,32,105
(d) For purposes of this subsection, an objection is considered timely filed if
6received by the state board of assessors no later than 60 days after the date of the
7notice or sent to the state board of assessors by U.S. postal service certified mail in
8a properly addressed envelope, with postage paid, that is postmarked before
9midnight of the last day for filing. Neither the board nor the tax appeals commission
10may waive the requirement that objections be in writing.
AB641,32,1411
(e) The state board of assessors shall investigate any timely objection filed
12under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
13person objecting or the person's agent of its determination by 1st class mail or
14electronic mail.
AB641,32,2015
(f) If a determination of the state board of assessors under par. (e) results in an
16establishment not being classified as manufacturing, the person having been
17notified of the determination shall be deemed to have accepted the determination
18unless the person files a petition for review with the clerk of the tax appeals
19commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
20commission.
AB641,75
21Section
75. 70.995 (7) (b) of the statutes is amended to read:
AB641,32,2522
70.995
(7) (b) Each 5 years, or more frequently if the department of revenue's
23workload permits and if in the department's judgment it is desirable, the department
24of revenue shall complete a field investigation or on-site appraisal at full value under
25ss. s. 70.32 (1)
and 70.34 of all manufacturing
real property in this state.
AB641,76
1Section
76. 70.995 (8) (b) 1. of the statutes is amended to read:
AB641,33,202
70.995
(8) (b) 1. The department of revenue shall annually notify each
3manufacturer assessed under this section and the municipality in which the
4manufacturing property is located of the full value of all real
and personal property
5owned by the manufacturer. The notice shall be in writing and shall be sent by 1st
6class mail or electronic mail. In addition, the notice shall specify that objections to
7valuation, amount, or taxability must be filed with the state board of assessors no
8later than 60 days after the date of the notice of assessment, that objections to a
9change from assessment under this section to assessment under s. 70.32 (1) must be
10filed no later than 60 days after the date of the notice, that the fee under par. (c) 1.
11or (d) must be paid
, and that the objection is not filed until the fee is paid. For
12purposes of this subdivision, an objection is considered timely filed if received by the
13state board of assessors no later than 60 days after the date of the notice or sent to
14the state board of assessors by
U.S. postal service certified mail in a properly
15addressed envelope, with postage paid, that is postmarked before midnight of the
16last day for filing. A statement shall be attached to the assessment roll indicating
17that the notices required by this section have been mailed and failure to receive the
18notice does not affect the validity of the assessments, the resulting tax on real
or
19personal property, the procedures of the tax appeals commission or of the state board
20of assessors, or the enforcement of delinquent taxes by statutory means.
AB641,77
21Section
77. 70.995 (12) (a) of the statutes is amended to read:
AB641,34,1922
70.995
(12) (a) The department of revenue shall prescribe a standard
23manufacturing property report form that shall be submitted annually for each real
24estate parcel
and each personal property account on or before March 1 by all
25manufacturers whose property is assessed under this section. The report form shall
1contain all information considered necessary by the department and shall include,
2without limitation, income and operating statements, fixed asset schedules and a
3report of new construction or demolition. Failure to submit the report shall result
4in denial of any right of redetermination by the state board of assessors or the tax
5appeals commission. If any property is omitted or understated in the
manufacturing
6real estate assessment roll in any of the next 5 previous years,
or in a manufacturing
7personal property assessment roll made before January 1, 2022, the assessor shall
8enter the value of the omitted or understated property once for each previous year
9of the omission or understatement. The assessor shall affix a just valuation to each
10entry for a former year as it should have been assessed according to the assessor's
11best judgment. Taxes shall be apportioned and collected on the tax roll for each entry,
12on the basis of the net tax rate for the year of the omission, taking into account credits
13under s. 79.10. In the case of omitted property, interest shall be added at the rate of
140.0267 percent per day for the period of time between the date when the form is
15required to be submitted and the date when the assessor affixes the just valuation.
16In the case of underpayments determined after an objection under s. 70.995 (8) (d),
17interest shall be added at the average annual discount interest rate determined by
18the last auction of 6-month U.S. treasury bills before the objection per day for the
19period of time between the date when the tax was due and the date when it is paid.
AB641,78
20Section
78. 70.995 (12r) of the statutes is repealed.
AB641,79
21Section
79. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
AB641,35,322
71.07
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
23numerator of which is the average value of the claimant's
real and personal land and
24depreciable property
assessed under s. 70.995, owned or rented and used in this state
25by the claimant during the taxable year to manufacture qualified production
1property, and the denominator of which is the average value of all the claimant's
real
2and personal land and depreciable property owned or rented during the taxable year
3and used by the claimant to manufacture qualified production property.
AB641,80
4Section
80. 71.07 (5n) (a) 5. d. of the statutes is repealed.
AB641,81
5Section
81. 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB641,35,76
71.07
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
7the following:
AB641,82
8Section
82. 71.07 (5n) (a) 9. a. of the statutes is amended to read:
AB641,35,159
71.07
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
10by the claimant on property that is
located in this state and assessed as
11manufacturing property under s. 70.995.
Tangible personal property manufactured
12in this state may only be qualified production property if it is manufactured on
13property approved to be classified as manufacturing real property for purposes of s.
1470.995, even if it is not eligible to be listed on the department's manufacturing roll
15until January 1 of the following year.
AB641,83
16Section
83. 71.07 (5n) (a) 9. c. of the statutes is created to read:
AB641,36,217
71.07
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
18by the claimant at an establishment that is located in this state and classified as
19manufacturing under s. 70.995 (5n). A person wishing to classify the person's
20establishment as manufacturing under this subd. 9. c. shall file an application in the
21form and manner prescribed by the department no later than July 1 of the taxable
22year for which the person wishes to claim the credit under this subsection, pursuant
23to s. 70.995 (5n). The department shall make a determination and provide written
24notice by December 31 of the year in which the application is filed. A determination
1on the classification under this subd. 9. c. may be appealed as provided under s.
270.995 (5n).
AB641,84
3Section
84. 71.07 (5n) (d) 2. of the statutes is amended to read:
AB641,36,124
71.07
(5n) (d) 2. For purposes of determining a claimant's eligible qualified
5production activities income under this subsection, the claimant shall multiply the
6claimant's qualified production activities income from property manufactured by the
7claimant by the manufacturing property factor and qualified production activities
8income from property produced, grown, or extracted by the claimant by the
9agriculture property factor.
This subdivision does not apply if the claimant's entire
10qualified production activities income results from the sale of tangible personal
11property that was manufactured, produced, grown, or extracted wholly in this state
12by the claimant.
AB641,85
13Section
85. 71.07 (6e) (a) 5. of the statutes is amended to read:
AB641,37,514
71.07
(6e) (a) 5. “Property taxes" means real
and personal property taxes,
15exclusive of special assessments, delinquent interest, and charges for service, paid
16by a claimant, and the claimant's spouse if filing a joint return, on the eligible
17veteran's or unremarried surviving spouse's principal dwelling in this state during
18the taxable year for which credit under this subsection is claimed, less any property
19taxes paid which are properly includable as a trade or business expense under
20section
162 of the Internal Revenue Code. If the principal dwelling on which the
21taxes were paid is owned by 2 or more persons or entities as joint tenants or tenants
22in common or is owned by spouses as marital property, “property taxes" is that part
23of property taxes paid that reflects the ownership percentage of the claimant, except
24that this limitation does not apply to spouses who file a joint return. If the principal
25dwelling is sold during the taxable year, the “property taxes" for the seller and buyer
1shall be the amount of the tax prorated to each in the closing agreement pertaining
2to the sale or, if not so provided for in the closing agreement, the tax shall be prorated
3between the seller and buyer in proportion to months of their respective ownership.
4“Property taxes" includes monthly municipal permit fees in respect to a principal
5dwelling collected under s. 66.0435 (3) (c).
AB641,86
6Section
86. 71.07 (9) (a) 3. of the statutes is amended to read:
AB641,37,217
71.07
(9) (a) 3. “Property taxes" means real
and personal property taxes,
8exclusive of special assessments, delinquent interest and charges for service, paid by
9a claimant on the claimant's principal dwelling during the taxable year for which
10credit under this subsection is claimed, less any property taxes paid which are
11properly includable as a trade or business expense under section
162 of the Internal
12Revenue Code. If the principal dwelling on which the taxes were paid is owned by
132 or more persons or entities as joint tenants or tenants in common or is owned by
14spouses as marital property, “property taxes" is that part of property taxes paid that
15reflects the ownership percentage of the claimant. If the principal dwelling is sold
16during the taxable year the “property taxes" for the seller and buyer shall be the
17amount of the tax prorated to each in the closing agreement pertaining to the sale
18or, if not so provided for in the closing agreement, the tax shall be prorated between
19the seller and buyer in proportion to months of their respective ownership. “
Property
20taxes" includes monthly municipal permit fees in respect to a principal dwelling
21collected under s. 66.0435 (3) (c).
AB641,87
22Section
87. 71.17 (2) of the statutes is amended to read:
AB641,38,523
71.17
(2) Lien on trust estate; income taxes levied against beneficiary. All
24income taxes levied against the income of beneficiaries shall be a lien on that portion
25of the trust estate or interest therein from which the income taxed is derived, and
1such taxes shall be paid by the fiduciary, if not paid by the distributee, before the
2same become delinquent. Every person who, as a fiduciary under the provisions of
3this subchapter, pays an income tax shall have all the rights and remedies of
4reimbursement for any taxes assessed against him or her or paid by him or her in
5such capacity, as provided in s. 70.19 (1) and (2)
, 2019 stats.
AB641,88
6Section
88. 71.28 (5n) (a) 5. a. of the statutes is amended to read:
AB641,38,137
71.28
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
8numerator of which is the average value of the claimant's
real and personal land and
9depreciable property
assessed under s. 70.995, owned or rented and used in this state
10by the claimant during the taxable year to manufacture qualified production
11property, and the denominator of which is the average value of all the claimant's
real
12and personal land and depreciable property owned or rented during the taxable year
13and used by the claimant to manufacture qualified production property.
AB641,89
14Section
89. 71.28 (5n) (a) 5. d. of the statutes is repealed.
AB641,90
15Section
90. 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB641,38,1716
71.28
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
17the following:
AB641,91
18Section
91. 71.28 (5n) (a) 9. a. of the statutes is amended to read:
AB641,38,2519
71.28
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
20by the claimant on property that is
located in this state and assessed as
21manufacturing property under s. 70.995.
Tangible personal property manufactured
22in this state may only be qualified production property if it is manufactured on
23property approved to be classified as manufacturing real property for purposes of s.
2470.995, even if it is not eligible to be listed on the department's manufacturing roll
25until January 1 of the following year.
AB641,92
1Section
92. 71.28 (5n) (a) 9. c. of the statutes is created to read:
AB641,39,112
71.28
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
3by the claimant with an establishment that is located in this state and classified as
4manufacturing under s. 70.995 (5n). A person wishing to classify the person's
5establishment as manufacturing under this subd. 9. c. shall file an application in the
6form and manner prescribed by the department no later than July 1 of the taxable
7year for which the person wishes to claim the credit under this subsection, pursuant
8to s. 70.995 (5n). The department shall make a determination and provide written
9notice by December 31 of the year in which the application is filed. A determination
10on the classification under this subd. 9. c. may be appealed as provided under s.
1170.995 (5n).
AB641,93
12Section
93. 71.28 (5n) (d) 2. of the statutes is amended to read:
AB641,39,2113
71.28
(5n) (d) 2. Except as provided in subd. 3., for purposes of determining a
14claimant's eligible qualified production activities income under this subsection, the
15claimant shall multiply the claimant's qualified production activities income from
16property manufactured by the claimant by the manufacturing property factor and
17qualified production activities income from property produced, grown, or extracted
18by the claimant by the agriculture property factor.
This subdivision does not apply
19if the claimant's entire qualified production activities income results from the sale
20of tangible personal property that was manufactured, produced, grown, or extracted
21wholly in this state by the claimant.
AB641,94
22Section
94. 71.52 (7) of the statutes is amended to read:
AB641,41,2023
71.52
(7) “Property taxes accrued" means real
or personal property taxes or
24monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special
25assessments, delinquent interest and charges for service, levied on a homestead
1owned by the claimant or a member of the claimant's household. “
Real
or personal 2property taxes" means those levied under ch. 70, less the tax credit, if any, afforded
3in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons
4or entities as joint tenants or tenants in common or is owned as marital property or
5survivorship marital property and one or more such persons, entities or owners is not
6a member of the claimant's household, property taxes accrued is that part of property
7taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10,
8that reflects the ownership percentage of the claimant and the claimant's household,
9except that if a homestead is owned by 2 or more natural persons or if 2 or more
10natural persons have an interest in a homestead, one or more of whom is not a
11member of the claimant's household, and the claimant has a present interest, as that
12term is used in s. 700.03 (1), in the homestead and is required by the terms of a will
13that transferred the homestead or interest in the homestead to the claimant to pay
14the entire amount of property taxes levied on the homestead, property taxes accrued
15is property taxes accrued levied on such homestead, reduced by the tax credit under
16s. 79.10. A marital property agreement or unilateral statement under ch. 766 has
17no effect in computing property taxes accrued for a person whose homestead is not
18the same as the homestead of that person's spouse. For purposes of this subsection,
19property taxes are “levied" when the tax roll is delivered to the local treasurer for
20collection. If a homestead is sold or purchased during the calendar year of the levy,
21the property taxes accrued for the seller and the buyer are the amount of the tax levy
22prorated to each in proportion to the periods of time each both owned and occupied
23the homestead during the year to which the claim relates. The seller may use the
24closing agreement pertaining to the sale of the homestead, the property tax bill for
25the year before the year to which the claim relates or the property tax bill for the year
1to which the claim relates as the basis for computing property taxes accrued, but
2those taxes are allowable only for the portion of the year during which the seller
3owned and occupied the sold homestead. If a household owns and occupies 2 or more
4homesteads in the same calendar year, property taxes accrued is the sum of the
5prorated property taxes accrued attributable to the household for each of such
6homesteads. If the household owns and occupies the homestead for part of the
7calendar year and rents a homestead for part of the calendar year, it may include both
8the proration of taxes on the homestead owned and rent constituting property taxes
9accrued with respect to the months the homestead is rented in computing the amount
10of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose
11or multidwelling building, property taxes accrued are the percentage of the property
12taxes accrued on that part of the multipurpose or multidwelling building occupied
13by the household as a principal residence plus that same percentage of the property
14taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably
15necessary for use of the multipurpose or multidwelling building as a principal
16residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part
17of a farm, property taxes accrued are the property taxes accrued on up to 120 acres
18of the land contiguous to the claimant's principal residence and include the property
19taxes accrued on all improvements to real property located on such land, except as
20the limitations of s. 71.54 (2) (b) apply.
AB641,95
21Section
95. 73.01 (5) (a) of the statutes is amended to read:
AB641,43,622
73.01
(5) (a) Any person who is aggrieved by a determination of the state board
23of assessors under s. 70.995
(5n) or (8) or who has filed a petition for redetermination
24with the department of revenue and who is aggrieved by the redetermination of the
25department of revenue may, within 60 days of the determination of the state board
1of assessors or of the department of revenue or, in all other cases, within 60 days after
2the redetermination but not thereafter, file with the clerk of the commission a
3petition for review of the action of the department of revenue and the number of
4copies of the petition required by rule adopted by the commission. Any person who
5is aggrieved by a determination of the department of transportation under s. 341.405
6or 341.45 may, within 30 days after the determination of the department of
7transportation, file with the clerk of the commission a petition for review of the action
8of the department of transportation and the number of copies of the petition required
9by rule adopted by the commission. If a municipality appeals, its appeal shall set
10forth that the appeal has been authorized by an order or resolution of its governing
11body and the appeal shall be verified by a member of that governing body as
12pleadings in courts of record are verified. The clerk of the commission shall transmit
13one copy to the department of revenue, or to the department of transportation, and
14to each party. In the case of appeals from manufacturing property assessments, the
15person assessed shall be a party to a proceeding initiated by a municipality. At the
16time of filing the petition, the petitioner shall pay to the commission a $25 filing fee.
17The commission shall deposit the fee in the general fund. Within 30 days after such
18transmission the department of revenue, except for petitions objecting to
19manufacturing property assessments, or the department of transportation, shall file
20with the clerk of the commission an original and the number of copies of an answer
21to the petition required by rule adopted by the commission and shall serve one copy
22on the petitioner or the petitioner's attorney or agent. Within 30 days after service
23of the answer, the petitioner may file and serve a reply in the same manner as the
24petition is filed. Any person entitled to be heard by the commission under s. 76.38
25(12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission
1within the time and in the manner provided for the filing of petitions in income or
2franchise tax cases. Such papers may be served as a circuit court summons is served
3or by certified mail. For the purposes of this subsection, a petition for review is
4considered timely filed if mailed by certified mail in a properly addressed envelope,
5with postage duly prepaid, which envelope is postmarked before midnight of the last
6day for filing.
AB641,96
7Section
96. 73.06 (3) of the statutes is amended to read:
AB641,43,198
73.06
(3) The department of revenue, through its supervisors of equalization,
9shall examine and test the work of assessors during the progress of their assessments
10and ascertain whether any of them is assessing property at other than full value or
11is omitting property subject to taxation from the roll. The department and such
12supervisors shall have the rights and powers of a local assessor for the examination
13of persons and property and for the discovery of property subject to taxation. If any
14property has been omitted or not assessed according to law, they shall bring the same
15to the attention of the local assessor of the proper district and if such local assessor
16shall neglect or refuse to correct the assessment they shall report the fact to the board
17of review. All disputes between the department, municipalities, and property owners
18about the taxability
or value of the property under s. 70.995 (12r) shall be resolved
19by using the procedures under s. 70.995 (8).
AB641,97
20Section
97. 76.02 (1) of the statutes is amended to read:
AB641,44,221
76.02
(1) “Air carrier company" means any person engaged in the business of
22transportation in aircraft of persons or property for hire on regularly scheduled
23flights, except an air carrier company whose property is exempt from taxation under
24s.
70.11 (42) (b) 76.074 (2). In this subsection, “aircraft" means a completely equipped
1operating unit, including spare flight equipment, used as a means of conveyance in
2air commerce.
AB641,98
3Section
98. 76.02 (4m) of the statutes is created to read:
AB641,44,84
76.02
(4m) “Inflation factor” means a percentage equal to the average annual
5percentage change in the U.S. consumer price index for all urban consumers, U.S.
6city average, as determined by the U.S. department of labor, for the 12 months
7ending on December 31 of the year before the year of assessment, except that the
8percentage under this subsection shall not be less than zero.
AB641,99
9Section
99. 76.025 (2) of the statutes is amended to read:
AB641,44,1310
76.025
(2) If the property of any company defined in s. 76.28 (1), except a
11qualified wholesale electric company as defined in s. 76.28 (1) (gm), is located entirely
12within a single town, village
, or city, it shall be subject to local assessment and
13taxation
under ch. 70, 2019 stats.
AB641,100
14Section
100. 76.025 (5) of the statutes is created to read:
AB641,44,1815
76.025
(5) Nothing in this chapter or ch. 70 shall be construed as providing an
16exemption for personal property for entities regulated under this chapter, except for
17the exemptions under ss. 70.11 (21), (39), and (39m), 70.112 (4) (b) and (5), and
1876.074, and for such motor vehicles as are exempt under s. 70.112 (5).
AB641,101
19Section
101. 76.03 (1) of the statutes is amended to read:
AB641,44,2320
76.03
(1) The property, both real and personal, including all rights, franchises
21and privileges used in and necessary to the prosecution of the business of any
22company enumerated in s. 76.02
shall be deemed personal property for the purposes
23of taxation, and shall be valued and assessed together as a unit.
AB641,102
24Section
102. 76.07 (2) of the statutes is amended to read:
AB641,45,20
176.07
(2) Relation to state valuation; description. The value of the property
2of each of
said companies company for assessment shall be made on the same basis
3and for the same period of time, as near as may be, as the value of the general
4property of the state is ascertained and determined. The department shall prepare
5an assessment roll and place thereon after the name of each
of said companies 6company assessed, the following general description of the property of such company,
7to wit
, which description shall be deemed and held to include the entire property and
8franchises of the company specified and all title and interest therein: “
Real estate,
9right-of-way, tracks, stations, terminals, appurtenances,
rolling stock, equipment, 10franchises
, and all other real estate
and personal property of
said the company," in
11the case of railroads
, and; “Real estate, right-of-way, poles, wires, conduits, cables,
12devices, appliances, instruments, franchises
, and all other real and personal
13property of
said the company," in the case of conservation and regulation companies
,
14and; “Real estate, appurtenances, rolling stock, equipment, franchises, and all other
15real estate and personal property of
said the company," in the case of air carrier
16companies
,; and “Land and land rights, structures, improvements, mains, pumping
17and regulation equipment, services, appliances, instruments, franchises
, and all
18other real and personal property of said company," in the case of pipeline companies
,
19which description shall be deemed and held to include the entire property and
20franchises of the company specified and all title and interest therein.
AB641,103
21Section
103. 76.07 (4g) (a) 10. of the statutes is amended to read:
AB641,45,2422
76.07
(4g) (a) 10. Determine the depreciated cost of
road real property owned
23or rented by the company and used in the operation of the company's business in this
24state.
AB641,104
25Section
104. 76.07 (4g) (a) 11. and 12. of the statutes are repealed.
AB641,105
1Section
105. 76.07 (4g) (a) 13. of the statutes is amended to read:
AB641,46,42
76.07
(4g) (a) 13. Divide the
sum of the amounts under subds amount under
3subd. 10.
and 12. by the depreciated cost of
road real property
owned or rented by the
4company everywhere.
AB641,106
5Section
106. 76.074 of the statutes is created to read:
AB641,46,6
676.074 Property exempt from assessment. (1) In this section:
AB641,46,107
(a) Notwithstanding s. 76.02, “air carrier company" means any person engaged
8in the business of transportation in aircraft of persons or property for hire on
9regularly scheduled flights. In this paragraph, “aircraft" has the meaning given in
10s. 76.02 (1).
AB641,46,1111
(b) “Hub facility" means any of the following:
AB641,46,1612
1. A facility at an airport from which an air carrier company operated at least
1345 common carrier departing flights each weekday in the prior year and from which
14it transported passengers to at least 15 nonstop destinations, as defined by rule by
15the department, or transported cargo to nonstop destinations, as defined by rule by
16the department.
AB641,46,2017
2. An airport or any combination of airports in this state from which an air
18carrier company cumulatively operated at least 20 common carrier departing flights
19each weekday in the prior year, if the air carrier company's headquarters, as defined
20by rule by the department, is in this state.
AB641,46,23
21(2) Property owned by an air carrier company that operates a hub facility in
22this state, if the property is used in the operation of the air carrier company, is exempt
23from taxation under this subchapter and from local assessment and taxation.
AB641,46,25
24(3) The personal property, as defined in s. 70.04, of a railroad company is
25exempt from taxation under this subchapter and from local assessment and taxation.
AB641,107
1Section
107. 76.24 (2) (a) of the statutes is amended to read:
AB641,47,122
76.24
(2) (a) All taxes paid by any railroad company derived from or
3apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators,
4and their approaches, or car ferries on the basis of the separate valuation provided
5for in s. 76.16, shall be distributed annually from the transportation fund to the
6towns, villages, and cities in which they are located, pursuant to certification made
7by the department of revenue on or before August 15. Beginning with amounts
8distributed in 2011, the amount distributed to any town, village, or city under this
9paragraph may not be less than the amount distributed to it in
2010 2021 under this
10paragraph.
Beginning with amounts distributed in 2023, the amount distributed to
11any town, village, or city under this paragraph may not be less than the amount
12distributed in 2021, adjusted by the inflation factor.