AB2-ASA1,31,414
70.995
(1) (a) In this section “manufacturing property" includes all
lands,
15buildings, structures and other real property
, as defined in s. 70.03, in this state used
16in manufacturing, assembling, processing, fabricating, making
, or milling tangible
17personal property for profit. Manufacturing property also includes warehouses,
18storage facilities
, and office structures
in this state when the predominant use of the
19warehouses, storage facilities
, or offices is in support of the manufacturing property
,
20and all personal property owned or used by any person engaged in this state in any
21of the activities mentioned, and used in the activity, including raw materials,
22supplies, machinery, equipment, work in process and finished inventory when
23located at the site of the activity. Establishments engaged in assembling component
24parts of manufactured products are considered manufacturing establishments if the
25new product is neither a structure nor other fixed improvement. Materials processed
1by a manufacturing establishment include products of agriculture, forestry, fishing,
2mining
, and quarrying. For the purposes of this section, establishments which
3engage in mining metalliferous minerals are considered manufacturing
4establishments.
AB2-ASA1,80
5Section 80
. 70.995 (4) of the statutes is amended to read:
AB2-ASA1,31,246
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.
AB2-ASA1,81
25Section
81. 70.995 (5) of the statutes is amended to read:
AB2-ASA1,32,11
170.995
(5) The department of revenue shall assess all property of
2manufacturing establishments included under subs. (1) and (2)
, except property not
3contiguous with or located within 1,000 feet of the parcel on which the production
4process, as defined in s. 70.11 (27) (a) 5., occurs, as of the close of January 1 of each
5year, if on or before March 1 of that year the department has classified the property
6as manufacturing or the owner of the property has requested, in writing, that the
7department make such a classification and the department later does so. A change
8in ownership
, location, or name of the manufacturing establishment does not
9necessitate a new request. In assessing lands from which metalliferous minerals are
10being extracted and valued for purposes of the tax under s. 70.375, the value of the
11metalliferous mineral content of such lands shall be excluded.
AB2-ASA1,82
12Section 82
. 70.995 (5n) of the statutes is created to read:
AB2-ASA1,32,2013
70.995
(5n) (a)
If the department of revenue determines that an establishment
14is engaged in manufacturing, as described in subs. (1), (2), and (3), the department
15may classify the establishment as manufacturing. The establishment shall submit
16a written request on or before July 1 of the year for which classification is desired,
17as provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c. Any establishment
18classified as manufacturing prior to January 1, 2024, is presumed to be engaged in
19manufacturing, as described in subs. (1), (2), and (3), and need not submit a request
20as provided in this paragraph.
AB2-ASA1,33,221
(b) The department may at any time investigate or audit requests submitted
22under par. (a) and may revoke a classification. A revocation under this paragraph
23may not apply retroactively, but shall take effect on the first day of the
24establishment's taxable year following the year in which the department issues a
1revocation. An establishment that submits a request under par. (a) shall notify the
2department within 60 days of any termination of manufacturing activity.
AB2-ASA1,33,113
(c) On or before December 31 of the year in which a request is timely submitted
4under par. (a), the department shall issue a notice of determination responding to the
5timely request. The department may, in its sole discretion, issue a notice of
6determination by December 31 for requests received after July 1 of the year in which
7classification is desired. The notice shall be in writing and shall be sent by 1st class
8mail or electronic mail. In addition, the notice shall specify that objections to the
9decision shall be filed with the state board of assessors no later than 60 days after
10the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
11that the objection is not filed until the fee is paid.
AB2-ASA1,33,1712
(d) For purposes of this subsection, an objection is considered timely filed if
13received by the state board of assessors no later than 60 days after the date of the
14notice or sent to the state board of assessors by U.S. postal service certified mail in
15a properly addressed envelope, with postage paid, that is postmarked before
16midnight of the last day for filing. Neither the board nor the tax appeals commission
17may waive the requirement that objections be in writing.
AB2-ASA1,33,2118
(e) The state board of assessors shall investigate any objection timely filed
19under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
20person objecting or the person's agent of its determination by 1st class mail or
21electronic mail.
AB2-ASA1,34,222
(f) If a determination of the state board of assessors under par. (e) results in an
23establishment not being classified as manufacturing, the person having been
24notified of the determination shall be deemed to have accepted the determination
25unless the person files a petition for review with the clerk of the tax appeals
1commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
2commission.
AB2-ASA1,83
3Section 83
. 70.995 (7) (b) of the statutes is amended to read:
AB2-ASA1,34,74
70.995
(7) (b) Each 5 years, or more frequently if the department of revenue's
5workload permits and if in the department's judgment it is desirable, the department
6of revenue shall complete a field investigation or on-site appraisal at full value under
7ss. s. 70.32 (1)
and 70.34 of all manufacturing
real property in this state.
AB2-ASA1,84
8Section 84
. 70.995 (8) (b) 1. of the statutes is amended to read:
AB2-ASA1,35,29
70.995
(8) (b) 1. The department of revenue shall annually notify each
10manufacturer assessed under this section and the municipality in which the
11manufacturing property is located of the full value of all real
and personal property
12owned by the manufacturer. The notice shall be in writing and shall be sent by 1st
13class mail or electronic mail. In addition, the notice shall specify that objections to
14valuation, amount, or taxability must be filed with the state board of assessors no
15later than 60 days after the date of the notice of assessment, that objections to a
16change from assessment under this section to assessment under s. 70.32 (1) must be
17filed no later than 60 days after the date of the notice, that the fee under par. (c) 1.
18or (d) must be paid and that the objection is not filed until the fee is paid. For
19purposes of this subdivision, an objection is considered timely filed if received by the
20state board of assessors no later than 60 days after the date of the notice or sent to
21the state board of assessors by certified mail in a properly addressed envelope, with
22postage paid, that is postmarked before midnight of the last day for filing. A
23statement shall be attached to the assessment roll indicating that the notices
24required by this section have been mailed and failure to receive the notice does not
25affect the validity of the assessments, the resulting tax on real
or personal property,
1the procedures of the tax appeals commission or of the state board of assessors, or
2the enforcement of delinquent taxes by statutory means.
AB2-ASA1,85
3Section 85
. 70.995 (12) (a) of the statutes is amended to read:
AB2-ASA1,36,24
70.995
(12) (a) The department of revenue shall prescribe a standard
5manufacturing property report form that shall be submitted annually for each real
6estate parcel
and each personal property account on or before March 1 by all
7manufacturers whose property is assessed under this section. The report form shall
8contain all information considered necessary by the department and shall include,
9without limitation, income and operating statements, fixed asset schedules
, and a
10report of new construction or demolition. Failure to submit the report shall result
11in denial of any right of redetermination by the state board of assessors or the tax
12appeals commission. If any property is omitted or understated in the
manufacturing
13real estate assessment roll in any of the next 5 previous years,
or in a manufacturing
14personal property assessment roll made before January 1, 2024, the assessor shall
15enter the value of the omitted or understated property once for each previous year
16of the omission or understatement. The assessor shall affix a just valuation to each
17entry for a former year as it should have been assessed according to the assessor's
18best judgment. Taxes shall be apportioned and collected on the tax roll for each entry,
19on the basis of the net tax rate for the year of the omission, taking into account credits
20under s. 79.10. In the case of omitted property, interest shall be added at the rate of
210.0267 percent per day for the period of time between the date when the form is
22required to be submitted and the date when the assessor affixes the just valuation.
23In the case of underpayments determined after an objection under sub. (8) (d),
24interest shall be added at the average annual discount interest rate determined by
1the last auction of 6-month U.S. treasury bills before the objection per day for the
2period of time between the date when the tax was due and the date when it is paid.
AB2-ASA1,86
3Section
86. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
AB2-ASA1,36,114
71.07
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
5numerator of which is the average value of the claimant's
real and personal property
6assessed under s. 70.995 land and depreciable property, owned or rented and used
7in this state by the claimant during the taxable year to manufacture qualified
8production property, and the denominator of which is the average value of all the
9claimant's
real and personal land and depreciable property owned or rented during
10the taxable year and used by the claimant to manufacture qualified production
11property.
AB2-ASA1,87
12Section 87
. 71.07 (5n) (a) 5. d. of the statutes is repealed.
AB2-ASA1,88
13Section 88
. 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB2-ASA1,36,1514
71.07
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
15the following:
AB2-ASA1,89
16Section 89
. 71.07 (5n) (a) 9. a. of the statutes is amended to read:
AB2-ASA1,36,2317
71.07
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
18by the claimant on property that is
located in this state and assessed as
19manufacturing property under s. 70.995.
Tangible personal property manufactured
20in this state may only be qualified production property if it is manufactured on
21property approved to be classified as manufacturing real property for purposes of s.
2270.995, even if it is not eligible to be listed on the department's manufacturing roll
23until January 1 of the following year.
AB2-ASA1,90
24Section 90
. 71.07 (5n) (a) 9. c. of the statutes is created to read:
AB2-ASA1,37,10
171.07
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
2by the claimant at an establishment that is located in this state and classified as
3manufacturing under s. 70.995 (5n). A person wishing to classify the person's
4establishment as manufacturing under this subd. 9. c. shall file an application in the
5form and manner prescribed by the department no later than July 1 of the taxable
6year for which the person wishes to claim the credit under this subsection, pursuant
7to s. 70.995 (5n). The department shall make a determination and provide written
8notice by December 31 of the year in which the application is filed. A determination
9on the classification under this subd. 9. c. may be appealed as provided under s.
1070.995 (5n).
AB2-ASA1,91
11Section
91. 71.07 (5n) (d) 2. of the statutes is amended to read:
AB2-ASA1,37,2012
71.07
(5n) (d) 2. For purposes of determining a claimant's eligible qualified
13production activities income under this subsection, the claimant shall multiply the
14claimant's qualified production activities income from property manufactured by the
15claimant by the manufacturing property factor and qualified production activities
16income from property produced, grown, or extracted by the claimant by the
17agriculture property factor.
This subdivision does not apply if the claimant's entire
18qualified production activities income results from the sale of tangible personal
19property that was manufactured, produced, grown, or extracted wholly in this state
20by the claimant.
AB2-ASA1,92
21Section
92. 71.07 (6e) (a) 5. of the statutes is amended to read:
AB2-ASA1,38,1322
71.07
(6e) (a) 5. “Property taxes" means real
and personal property taxes,
23exclusive of special assessments, delinquent interest, and charges for service, paid
24by a claimant, and the claimant's spouse if filing a joint return, on the eligible
25veteran's or unremarried surviving spouse's principal dwelling in this state during
1the taxable year for which credit under this subsection is claimed, less any property
2taxes paid which are properly includable as a trade or business expense under
3section
162 of the Internal Revenue Code. If the principal dwelling on which the
4taxes were paid is owned by 2 or more persons or entities as joint tenants or tenants
5in common or is owned by spouses as marital property, “property taxes" is that part
6of property taxes paid that reflects the ownership percentage of the claimant, except
7that this limitation does not apply to spouses who file a joint return. If the principal
8dwelling is sold during the taxable year, the “property taxes" for the seller and buyer
9shall be the amount of the tax prorated to each in the closing agreement pertaining
10to the sale or, if not so provided for in the closing agreement, the tax shall be prorated
11between the seller and buyer in proportion to months of their respective ownership.
12“Property taxes" includes monthly municipal permit fees in respect to a principal
13dwelling collected under s. 66.0435 (3) (c).
AB2-ASA1,93
14Section
93. 71.07 (9) (a) 3. of the statutes is amended to read:
AB2-ASA1,39,415
71.07
(9) (a) 3. “Property taxes" means real
and personal property taxes,
16exclusive of special assessments, delinquent interest and charges for service, paid by
17a claimant on the claimant's principal dwelling during the taxable year for which
18credit under this subsection is claimed, less any property taxes paid which are
19properly includable as a trade or business expense under section
162 of the Internal
20Revenue Code. If the principal dwelling on which the taxes were paid is owned by
212 or more persons or entities as joint tenants or tenants in common or is owned by
22spouses as marital property, “property taxes" is that part of property taxes paid that
23reflects the ownership percentage of the claimant. If the principal dwelling is sold
24during the taxable year the “property taxes" for the seller and buyer shall be the
25amount of the tax prorated to each in the closing agreement pertaining to the sale
1or, if not so provided for in the closing agreement, the tax shall be prorated between
2the seller and buyer in proportion to months of their respective ownership. “
Property
3taxes" includes monthly municipal permit fees in respect to a principal dwelling
4collected under s. 66.0435 (3) (c).
AB2-ASA1,94
5Section 94
. 71.17 (2) of the statutes is amended to read:
AB2-ASA1,39,136
71.17
(2) Lien on trust estate; income taxes levied against beneficiary. All
7income taxes levied against the income of beneficiaries shall be a lien on that portion
8of the trust estate or interest therein from which the income taxed is derived, and
9such taxes shall be paid by the fiduciary, if not paid by the distributee, before the
10same become delinquent. Every person who, as a fiduciary under the provisions of
11this subchapter, pays an income tax shall have all the rights and remedies of
12reimbursement for any taxes assessed against him or her or paid by him or her in
13such capacity, as provided in s. 70.19 (1)
, 2021 stats., and
s. 70.19 (2)
, 2021 stats.
AB2-ASA1,95
14Section
95. 71.28 (5n) (a) 5. a. of the statutes is amended to read:
AB2-ASA1,39,2215
71.28
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
16numerator of which is the average value of the claimant's
real and personal property
17assessed under s. 70.995 land and depreciable property, owned or rented and used
18in this state by the claimant during the taxable year to manufacture qualified
19production property, and the denominator of which is the average value of all the
20claimant's
real and personal land and depreciable property owned or rented during
21the taxable year and used by the claimant to manufacture qualified production
22property.
AB2-ASA1,96
23Section 96
. 71.28 (5n) (a) 5. d. of the statutes is repealed.
AB2-ASA1,97
24Section 97
. 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB2-ASA1,40,2
171.28
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
2the following:
AB2-ASA1,98
3Section 98
. 71.28 (5n) (a) 9. a. of the statutes is amended to read:
AB2-ASA1,40,104
71.28
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
5by the claimant on property that is
located in this state and assessed as
6manufacturing property under s. 70.995.
Tangible personal property manufactured
7in this state may only be qualified production property if it is manufactured on
8property approved to be classified as manufacturing real property for purposes of s.
970.995, even if it is not eligible to be listed on the department's manufacturing roll
10until January 1 of the following year.
AB2-ASA1,99
11Section 99
. 71.28 (5n) (a) 9. c. of the statutes is created to read:
AB2-ASA1,40,2112
71.28
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
13by the claimant with an establishment that is located in this state and classified as
14manufacturing under s. 70.995 (5n). A person wishing to classify the person's
15establishment as manufacturing under this subd. 9. c. shall file an application in the
16form and manner prescribed by the department no later than July 1 of the taxable
17year for which the person wishes to claim the credit under this subsection, pursuant
18to s. 70.995 (5n). The department shall make a determination and provide written
19notice by December 31 of the year in which the application is filed. A determination
20on the classification under this subd. 9. c. may be appealed as provided under s.
2170.995 (5n).
AB2-ASA1,100
22Section
100. 71.28 (5n) (d) 2. of the statutes is amended to read:
AB2-ASA1,41,623
71.28
(5n) (d) 2. Except as provided in subd. 3., for purposes of determining a
24claimant's eligible qualified production activities income under this subsection, the
25claimant shall multiply the claimant's qualified production activities income from
1property manufactured by the claimant by the manufacturing property factor and
2qualified production activities income from property produced, grown, or extracted
3by the claimant by the agriculture property factor.
This subdivision does not apply
4if the claimant's entire qualified production activities income results from the sale
5of tangible personal property that was manufactured, produced, grown, or extracted
6wholly in this state by the claimant.
AB2-ASA1,101
7Section
101. 71.52 (7) of the statutes is amended to read:
AB2-ASA1,43,58
71.52
(7) “Property taxes accrued" means real
or personal property taxes or
9monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special
10assessments, delinquent interest and charges for service, levied on a homestead
11owned by the claimant or a member of the claimant's household. “Real
or personal 12property taxes" means those levied under ch. 70, less the tax credit, if any, afforded
13in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons
14or entities as joint tenants or tenants in common or is owned as marital property or
15survivorship marital property and one or more such persons, entities or owners is not
16a member of the claimant's household, property taxes accrued is that part of property
17taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10,
18that reflects the ownership percentage of the claimant and the claimant's household,
19except that if a homestead is owned by 2 or more natural persons or if 2 or more
20natural persons have an interest in a homestead, one or more of whom is not a
21member of the claimant's household, and the claimant has a present interest, as that
22term is used in s. 700.03 (1), in the homestead and is required by the terms of a will
23that transferred the homestead or interest in the homestead to the claimant to pay
24the entire amount of property taxes levied on the homestead, property taxes accrued
25is property taxes accrued levied on such homestead, reduced by the tax credit under
1s. 79.10. A marital property agreement or unilateral statement under ch. 766 has
2no effect in computing property taxes accrued for a person whose homestead is not
3the same as the homestead of that person's spouse. For purposes of this subsection,
4property taxes are “levied" when the tax roll is delivered to the local treasurer for
5collection. If a homestead is sold or purchased during the calendar year of the levy,
6the property taxes accrued for the seller and the buyer are the amount of the tax levy
7prorated to each in proportion to the periods of time each both owned and occupied
8the homestead during the year to which the claim relates. The seller may use the
9closing agreement pertaining to the sale of the homestead, the property tax bill for
10the year before the year to which the claim relates or the property tax bill for the year
11to which the claim relates as the basis for computing property taxes accrued, but
12those taxes are allowable only for the portion of the year during which the seller
13owned and occupied the sold homestead. If a household owns and occupies 2 or more
14homesteads in the same calendar year, property taxes accrued is the sum of the
15prorated property taxes accrued attributable to the household for each of such
16homesteads. If the household owns and occupies the homestead for part of the
17calendar year and rents a homestead for part of the calendar year, it may include both
18the proration of taxes on the homestead owned and rent constituting property taxes
19accrued with respect to the months the homestead is rented in computing the amount
20of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose
21or multidwelling building, property taxes accrued are the percentage of the property
22taxes accrued on that part of the multipurpose or multidwelling building occupied
23by the household as a principal residence plus that same percentage of the property
24taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably
25necessary for use of the multipurpose or multidwelling building as a principal
1residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part
2of a farm, property taxes accrued are the property taxes accrued on up to 120 acres
3of the land contiguous to the claimant's principal residence and include the property
4taxes accrued on all improvements to real property located on such land, except as
5the limitations of s. 71.54 (2) (b) apply.
AB2-ASA1,102
6Section
102. 73.01 (5) (a) of the statutes is amended to read:
AB2-ASA1,44,167
73.01
(5) (a) Any person who is aggrieved by a determination of the state board
8of assessors under s. 70.995
(5n) or (8) or who has filed a petition for redetermination
9with the department of revenue and who is aggrieved by the redetermination of the
10department of revenue may, within 60 days of the determination of the state board
11of assessors or of the department of revenue or, in all other cases, within 60 days after
12the redetermination but not thereafter, file with the clerk of the commission a
13petition for review of the action of the department of revenue and the number of
14copies of the petition required by rule adopted by the commission. Any person who
15is aggrieved by a determination of the department of transportation under s. 341.405
16or 341.45 may, within 30 days after the determination of the department of
17transportation, file with the clerk of the commission a petition for review of the action
18of the department of transportation and the number of copies of the petition required
19by rule adopted by the commission. If a municipality appeals, its appeal shall set
20forth that the appeal has been authorized by an order or resolution of its governing
21body and the appeal shall be verified by a member of that governing body as
22pleadings in courts of record are verified. The clerk of the commission shall transmit
23one copy to the department of revenue, or to the department of transportation, and
24to each party. In the case of appeals from manufacturing property assessments, the
25person assessed shall be a party to a proceeding initiated by a municipality. At the
1time of filing the petition, the petitioner shall pay to the commission a $25 filing fee.
2The commission shall deposit the fee in the general fund. Within 30 days after such
3transmission the department of revenue, except for petitions objecting to
4manufacturing property assessments, or the department of transportation, shall file
5with the clerk of the commission an original and the number of copies of an answer
6to the petition required by rule adopted by the commission and shall serve one copy
7on the petitioner or the petitioner's attorney or agent. Within 30 days after service
8of the answer, the petitioner may file and serve a reply in the same manner as the
9petition is filed. Any person entitled to be heard by the commission under s. 76.38
10(12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission
11within the time and in the manner provided for the filing of petitions in income or
12franchise tax cases. Such papers may be served as a circuit court summons is served
13or by certified mail. For the purposes of this subsection, a petition for review is
14considered timely filed if mailed by certified mail in a properly addressed envelope,
15with postage duly prepaid, which envelope is postmarked before midnight of the last
16day for filing.
AB2-ASA1,103
17Section 103
. 76.02 (1) of the statutes is amended to read:
AB2-ASA1,44,2318
76.02
(1) “Air carrier company" means any person engaged in the business of
19transportation in aircraft of persons or property for hire on regularly scheduled
20flights, except an air carrier company whose property is exempt from taxation under
21s.
70.11 (42) (b) 76.074 (2). In this subsection, “aircraft" means a completely equipped
22operating unit, including spare flight equipment, used as a means of conveyance in
23air commerce.
AB2-ASA1,104
24Section 104
. 76.025 (5) of the statutes is created to read:
AB2-ASA1,45,4
176.025
(5) Nothing in this chapter or ch. 70 shall be construed as providing an
2exemption for personal property for entities regulated under this chapter, except for
3the exemptions under ss. 70.11 (21), (39), and (39m), 70.112 (4) (b) and (5), and
476.074, and for such motor vehicles as are exempt under s. 70.112 (5).
AB2-ASA1,105
5Section 105
. 76.03 (1) of the statutes is amended to read:
AB2-ASA1,45,96
76.03
(1) The property, both real and personal, including all rights, franchises
7and privileges used in and necessary to the prosecution of the business of any
8company enumerated in s. 76.02
shall be deemed personal property for the purposes
9of taxation, and shall be valued and assessed together as a unit.
AB2-ASA1,106
10Section
106. 76.07 (2) of the statutes is amended to read:
AB2-ASA1,46,511
76.07
(2) Relation to state valuation; description. The value of the property
12of each
of said companies company for assessment shall be made on the same basis
13and for the same period of time, as near as may be, as the value of the general
14property of the state is ascertained and determined. The department shall prepare
15an assessment roll and place thereon after the name of each
of said companies 16company assessed, the following general description of the property of such company,
17to wit which the department shall deem and hold to include the entire property and
18franchises of the company specified and all title and interest therein: “
Real estate,
19right-of-way, tracks, stations, terminals, appurtenances,
rolling stock, equipment, 20franchises
, and all other real estate and personal property of
said the company," in
21the case of railroads, and “Real estate, right-of-way, poles, wires, conduits, cables,
22devices, appliances, instruments, franchises
, and all other real and personal
23property of
said the company," in the case of conservation and regulation companies,
24and “Real estate, appurtenances, rolling stock, equipment, franchises, and all other
25real estate and personal property of
said the company," in the case of air carrier
1companies, and “Land and land rights, structures, improvements, mains, pumping
2and regulation equipment, services, appliances, instruments, franchises
, and all
3other real and personal property of
said the company," in the case of pipeline
4companies
, which description shall be deemed and held to include the entire property
5and franchises of the company specified and all title and interest therein.
AB2-ASA1,107
6Section
107. 76.07 (4g) (a) 10. of the statutes is amended to read:
AB2-ASA1,46,97
76.07
(4g) (a) 10. Determine the depreciated cost of
road real property owned
8or rented by the company and used in the operation of the company's business in this
9state.
AB2-ASA1,108
10Section
108. 76.07 (4g) (a) 11. and 12. of the statutes are repealed.
AB2-ASA1,109
11Section
109. 76.07 (4g) (a) 13. of the statutes is amended to read:
AB2-ASA1,46,1312
76.07
(4g) (a) 13. Divide the
sum of the amounts under subds. 10. and 12. 13amount under subd. 10. by the depreciated cost of
road real property everywhere.
AB2-ASA1,110
14Section 110
. 76.074 of the statutes is created to read:
AB2-ASA1,46,15
1576.074 Property exempt from assessment. (1) In this section:
AB2-ASA1,46,1916
(a) Notwithstanding s. 76.02, “air carrier company" means any person engaged
17in the business of transportation in aircraft of persons or property for hire on
18regularly scheduled flights. In this paragraph, “aircraft" has the meaning given in
19s. 76.02 (1).
AB2-ASA1,46,2020
(b) “Hub facility" means any of the following:
AB2-ASA1,46,2521
1. A facility at an airport from which an air carrier company operated at least
2245 common carrier departing flights each weekday in the prior year and from which
23it transported passengers to at least 15 nonstop destinations, as defined by rule by
24the department, or transported cargo to nonstop destinations, as defined by rule by
25the department.
AB2-ASA1,47,4
12. An airport or any combination of airports in this state from which an air
2carrier company cumulatively operated at least 20 common carrier departing flights
3each weekday in the prior year, if the air carrier company's headquarters, as defined
4by rule by the department, is in this state.
AB2-ASA1,47,7
5(2) Property owned by an air carrier company that operates a hub facility in
6this state, if the property is used in the operation of the air carrier company, is exempt
7from taxation under this subchapter and from local assessment and taxation.
AB2-ASA1,47,10
8(3) For assessments after January 1, 2024, the personal property, as defined
9in s. 70.04, of a railroad company is exempt from taxation under this subchapter and
10from local assessment and taxation.
AB2-ASA1,111
11Section
111. 76.125 (1) of the statutes is amended to read:
AB2-ASA1,47,1712
76.125
(1) Using the statement of assessments under s. 70.53 and the
13statement of taxes under s. 69.61, the department shall determine the net rate of
14taxation of commercial property under s. 70.32 (2) (a) 2.
, and of manufacturing
15property under s. 70.32 (2) (a) 3.
and of personal property under s. 70.30 as provided
16in subs. (2) to (6). The department shall enter that rate on the records of the
17department.
AB2-ASA1,112
18Section 112
. 76.24 (2) (a) of the statutes is amended to read:
AB2-ASA1,48,419
76.24
(2) (a) All taxes paid by any railroad company derived from or
20apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators,
21and their approaches, or car ferries on the basis of the separate valuation provided
22for in s. 76.16, shall be distributed annually from the transportation fund to the
23towns, villages, and cities in which they are located, pursuant to certification made
24by the department of revenue on or before August 15. Beginning with amounts
25distributed in
2011 2024, the amount distributed to any town, village, or city under
1this paragraph may not be less than the amount distributed to it in
2010 2023 under
2this paragraph.
Beginning with amounts distributed in 2025, the amount
3distributed to any town, village, or city under this paragraph may not be less than
4the amount distributed in 2024.
AB2-ASA1,113
5Section 113
. 76.31 of the statutes is amended to read:
AB2-ASA1,48,13
676.31 Determination of ad valorem tax receipts for hub facility
7exemptions. By July 1, 2004, and every Annually, by July 1
thereafter, the
8department shall determine the total amount of the tax imposed under subch. I of
9ch. 76 that was paid by each air carrier company, as defined in s.
70.11 (42) (a) 1. 76.02
10(1), whose property is exempt from taxation under s.
70.11 (42) (b) 76.074 (2) for the
11most recent taxable year that the air carrier company paid the tax imposed under
12subch. I of ch. 76. The total amount determined under this section shall be
13transferred under s. 20.855 (4) (fm) to the transportation fund.
AB2-ASA1,114
14Section 114
. 76.69 of the statutes is repealed.
AB2-ASA1,115
15Section
115. 76.82 of the statutes is amended to read:
AB2-ASA1,48,19
1676.82 Assessment. The department
, using the methods that it uses to assess
17property under s. 70.995, shall assess the property that is taxable under s. 76.81
,
18including property that is exempt under s. 70.11 (27) from the tax under ch. 70, at
19its value as of January 1.
AB2-ASA1,116
20Section
116. 77.04 (1) of the statutes is amended to read:
AB2-ASA1,49,1121
77.04
(1) Tax roll. The clerk on making up the tax roll shall enter as to each
22forest cropland description in a special column or some other appropriate place in
23such tax roll headed by the words “Forest Croplands" or the initials “F.C.L.", which
24shall be a sufficient designation that such description is subject to this subchapter.
25Such land shall thereafter be assessed and be subject to review under ch. 70, and
1such assessment may be used by the department of revenue in the determination of
2the tax upon withdrawal of such lands as forest croplands as provided in s. 77.10 for
3entries prior to 1972 or for any entry under s. 77.02 (4) (a). The tax upon withdrawal
4of descriptions entered as forest croplands after December 31, 1971, may be
5determined by the department of revenue by multiplying the last assessed value of
6the land prior to the time of the entry by an annual ratio computed for the state under
7sub. (2) to establish the annual assessed value of the description. No tax shall be
8levied on forest croplands except the specific annual taxes as provided, except that
9any building located on forest cropland shall be assessed as
personal real property,
10subject to all laws and regulations for the assessment and taxation of general
11property.
AB2-ASA1,117
12Section 117
. 77.51 (12t) of the statutes is renumbered 77.51 (12t) (intro.) and
13amended to read:
AB2-ASA1,50,214
77.51
(12t) (intro.) “Real property construction activities" means activities that
15occur at a site where tangible personal property or items or goods under s. 77.52 (1)
16(b) or (d) that are applied or adapted to the use or purpose to which real property is
17devoted are
permanently affixed to that real property
, if the intent of the person who
18affixes that property is to make a permanent accession to the real property. “Real
19property construction activities" does not include affixing property subject to tax
20under s. 77.52 (1) (c) to real property or affixing to real property tangible personal
21property that remains tangible personal property after it is affixed.
The department
22may promulgate rules to determine whether activities that occur at a site where
23tangible personal property or items or goods under s. 77.52 (1) (b) or (d) are affixed
24to real property are real property construction activities for purposes of this
25subchapter. If the classification of property or an activity is not identified by rule,
1the department's determination of whether personal property becomes a part of real
2property shall be made by considering the following criteria:
AB2-ASA1,118
3Section 118
. 77.51 (12t) (a) to (c) of the statutes are created to read:
AB2-ASA1,50,44
77.51
(12t) (a) Actual physical annexation to the real property.
AB2-ASA1,50,65
(b) Application or adaptation to the use or purpose to which the real property
6is devoted.
AB2-ASA1,50,87
(c) An intention on the part of the person making the annexation to make a
8permanent accession to the real property.
AB2-ASA1,119
9Section 119
. 77.54 (20n) (d) 2. of the statutes is amended to read: