AB245-ASA2,74
21Section 74
. 70.52 of the statutes is amended to read:
AB245-ASA2,30,8
2270.52 Clerks to examine and correct rolls. Each city, village, and town
23clerk upon receipt of the assessment roll shall carefully examine the roll. The clerk
24shall correct all double assessments, imperfect descriptions, and other errors
25apparent on the roll, and correct the value of parcels of real property not liable to
1taxation. The clerk shall add to the roll any parcel of real property not listed on the
2assessment roll
or item of personal property omitted from the roll and immediately
3notify the assessors of the additions and omissions. The assessors shall immediately
4view and value the omitted property and certify the valuation to the clerk. The clerk
5shall enter the valuation and property classification on the roll, and the valuation
6shall be final. To enable the clerk to properly correct defective descriptions, the clerk
7may request aid, when necessary, from the county surveyor, whose fees for the
8services rendered shall be paid by the city, village, or town.
AB245-ASA2,75
9Section
75. 70.53 (1) (a) of the statutes is repealed.
AB245-ASA2,76
10Section 76
. 70.65 (2) (a) 2. of the statutes is amended to read:
AB245-ASA2,30,1311
70.65
(2) (a) 2.
Identify
For assessments made before January 1, 2024, identify 12the name and address of the owners of all taxable personal property within the
13taxation district and the assessed value of each owner's taxable personal property.
AB245-ASA2,77
14Section 77
. 70.65 (2) (b) (intro.) of the statutes is amended to read:
AB245-ASA2,30,1715
70.65
(2) (b) (intro.) With respect to each description of real property and each
16owner of taxable personal property
and the personal property assessments made
17before January 1, 2024:
AB245-ASA2,78
18Section 78
. 70.68 (1) of the statutes is amended to read:
AB245-ASA2,30,2519
70.68
(1) Collection in certain cities. In For taxes levied before January 1,
202024, in cities authorized to act under s. 74.87, the chief of police shall collect all state,
21county, city, school
, and other taxes due on personal property as shall then remain
22unpaid, and the chief of police shall possess all the powers given by law to town
23treasurers for the collection of such taxes, and be subject to the liabilities and entitled
24to the same fees as town treasurers in such cases, but such fees shall be turned over
25to the city treasurer and become a part of the general fund.
AB245-ASA2,79
1Section
79. 70.73 (1) (b) of the statutes is amended to read:
AB245-ASA2,31,82
70.73
(1) (b) If a town, village
, or city clerk or treasurer discovers that personal
3property has been assessed to the wrong person
for assessments made before
4January 1, 2024, or 2 or more parcels of land belonging to different persons have been
5erroneously assessed together on the tax roll, the clerk or treasurer shall notify the
6assessor and all parties interested, if the parties are residents of the county, by notice
7in writing to appear at the clerk's office at some time, not less than 5 days thereafter,
8to correct the assessment roll.
AB245-ASA2,80
9Section 80
. 70.73 (1) (c) of the statutes is amended to read:
AB245-ASA2,31,1510
70.73
(1) (c) At the time and place designated in the notice given under par. (b),
11the assessment roll shall be corrected by entering the correct names of the persons
12liable to assessment
, both as to real and personal property, describing each parcel of
13land and giving the proper valuation to each parcel separately owned. The total
14valuation given to the separate tracts of real estate shall be equal to the valuation
15given to the same property when the several parcels were assessed together.
AB245-ASA2,81
16Section 81
. 70.73 (1) (d) of the statutes is amended to read:
AB245-ASA2,31,2117
70.73
(1) (d) The valuation of parcels of land
or correction of names of persons
18whose personal property is assessed under this subsection may be made at any time
19before the tax roll is returned to the county treasurer for the year in which the tax
20is levied. The valuation
or correction of names, when made under this subsection,
21shall be held just and correct and be final and conclusive.
AB245-ASA2,82
22Section 82
. 70.84 of the statutes is amended to read:
AB245-ASA2,32,18
2370.84 Inequalities may be corrected in subsequent year. If any such
24reassessment cannot be completed in time to take the place of the original
25assessment made in such district for said year, the clerk of the district shall levy and
1apportion the taxes for that year upon the basis of the original assessment roll, and
2when the reassessment is completed the inequalities in the taxes levied under the
3original assessment shall be remedied and compensated in the levy and
4apportionment of taxes in such district next following the completion of said
5reassessment in the following manner: Each tract of real estate, and, as to personal
6property
assessments made before January 1, 2024, each taxpayer, whose tax shall
7be determined by such reassessment to have been relatively too high, shall be
8credited a sum equal to the amount of taxes charged on the original assessment in
9excess of the amount which would have been charged had such reassessment been
10made in time; and each tract of real estate, and, as to personal property
assessments
11made before January 1, 2024, each taxpayer, whose tax shall be determined by such
12reassessment to have been relatively too low, shall be charged, in addition to all other
13taxes, a sum equal to the difference between the amount of taxes charged upon such
14unequal original assessment and the amount which would have been charged had
15such reassessment been made in time. The department of revenue, or its authorized
16agent, shall at any time have access to all assessment and tax rolls herein referred
17to for the purpose of assisting the local clerk and in order that the results of the
18reassessment may be carried into effect.
AB245-ASA2,83
19Section 83
. 70.855 (1) (intro.) of the statutes is amended to read:
AB245-ASA2,32,2220
70.855
(1) Applicability. (intro.) The department of revenue shall assess real
21and personal property assessed as commercial property under s. 70.32 (2) (a) 2. if all
22of the following apply:
AB245-ASA2,84
23Section 84
. 70.855 (1) (a) of the statutes is amended to read:
AB245-ASA2,33,224
70.855
(1) (a) The property owner and the governing body of the municipality
25where 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.
AB245-ASA2,85
3Section 85
. 70.855 (1) (b) of the statutes is amended to read:
AB245-ASA2,33,54
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.
AB245-ASA2,86
6Section 86
. 70.995 (1) (a) of the statutes is amended to read:
AB245-ASA2,33,227
70.995
(1) (a) In this section “manufacturing property" includes all
lands,
8buildings, structures and other real property
, as defined in s. 70.03, in this state, used
9in manufacturing, assembling, processing, fabricating, making
, or milling tangible
10personal property for profit. Manufacturing property also includes warehouses,
11storage facilities
, and office structures
in this state when the predominant use of the
12warehouses, storage facilities
, or offices is in support of the manufacturing property
,
13and all personal property owned or used by any person engaged in this state in any
14of the activities mentioned, and used in the activity, including raw materials,
15supplies, machinery, equipment, work in process and finished inventory when
16located at the site of the activity. Establishments engaged in assembling component
17parts of manufactured products are considered manufacturing establishments if the
18new product is neither a structure nor other fixed improvement. Materials processed
19by a manufacturing establishment include products of agriculture, forestry, fishing,
20mining
, and quarrying. For the purposes of this section, establishments which
21engage in mining metalliferous minerals are considered manufacturing
22establishments.
AB245-ASA2,87
23Section 87
. 70.995 (4) of the statutes is amended to read:
AB245-ASA2,34,1724
70.995
(4) Whenever real property
or tangible personal property is used for
25one, or some combination, of the processes mentioned in sub. (3) and also for other
1purposes, the department of revenue, if satisfied that there is substantial use in one
2or some combination of such processes, may assess the property under this section.
3For all purposes of this section the department of revenue shall have sole discretion
4for the determination of what is substantial use and what description of real property
5or what unit of tangible personal property shall constitute “the property" to be
6included for assessment purposes, and, in connection herewith, the department may
7include in a real property unit, real property owned by different persons. Vacant
8property designed for use in manufacturing, assembling, processing, fabricating,
9making
, or milling tangible property for profit may be assessed under this section or
10under s. 70.32 (1), and the period of vacancy may not be the sole ground for making
11that determination. In those specific instances where a portion of a description of
12real property includes manufacturing property rented or leased and operated by a
13separate person which does not satisfy the substantial use qualification for the entire
14property, the local assessor shall assess the entire real property description
and all
15personal property not exempt under s. 70.11 (27)
. The applicable portions of the
16standard manufacturing property report form under sub. (12) as they relate to
17manufacturing machinery and equipment shall be submitted by such person.
AB245-ASA2,88
18Section
88. 70.995 (5) of the statutes is amended to read:
AB245-ASA2,35,419
70.995
(5) The department of revenue shall assess all property of
20manufacturing establishments included under subs. (1) and (2)
, except property not
21contiguous with or located within 1,000 feet of the parcel on which the production
22process, as defined in s. 70.11 (27) (a) 5., occurs, as of the close of January 1 of each
23year, if on or before March 1 of that year the department has classified the property
24as manufacturing or the owner of the property has requested, in writing, that the
25department make such a classification and the department later does so. A change
1in ownership
, location, or name of the manufacturing establishment does not
2necessitate a new request. In assessing lands from which metalliferous minerals are
3being extracted and valued for purposes of the tax under s. 70.375, the value of the
4metalliferous mineral content of such lands shall be excluded.
AB245-ASA2,89
5Section 89
. 70.995 (5n) of the statutes is created to read:
AB245-ASA2,35,136
70.995
(5n) (a)
If the department of revenue determines that an establishment
7is engaged in manufacturing, as described in subs. (1), (2), and (3), the department
8may classify the establishment as manufacturing. The establishment shall submit
9a written request on or before July 1 of the year for which classification is desired,
10as provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c. Any establishment
11classified as manufacturing prior to January 1, 2024, is presumed to be engaged in
12manufacturing, as described in subs. (1), (2), and (3), and need not submit a request
13as provided in this paragraph.
AB245-ASA2,35,1914
(b) The department may at any time investigate or audit requests submitted
15under par. (a) and may revoke a classification. A revocation under this paragraph
16may not apply retroactively, but shall take effect on the first day of the
17establishment's taxable year following the year in which the department issues a
18revocation. An establishment that submits a request under par. (a) shall notify the
19department within 60 days of any termination of manufacturing activity.
AB245-ASA2,36,320
(c) On or before December 31 of the year in which a request is timely submitted
21under par. (a), the department shall issue a notice of determination responding to the
22timely request. The department may, in its sole discretion, issue a notice of
23determination by December 31 for requests received after July 1 of the year in which
24classification is desired. The notice shall be in writing and shall be sent by 1st class
25mail or electronic mail. In addition, the notice shall specify that objections to the
1decision shall be filed with the state board of assessors no later than 60 days after
2the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
3that the objection is not filed until the fee is paid.
AB245-ASA2,36,94
(d) For purposes of this subsection, an objection is considered timely filed if
5received by the state board of assessors no later than 60 days after the date of the
6notice or sent to the state board of assessors by U.S. postal service certified mail in
7a properly addressed envelope, with postage paid, that is postmarked before
8midnight of the last day for filing. Neither the board nor the tax appeals commission
9may waive the requirement that objections be in writing.
AB245-ASA2,36,1310
(e) The state board of assessors shall investigate any objection timely filed
11under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
12person objecting or the person's agent of its determination by 1st class mail or
13electronic mail.
AB245-ASA2,36,1914
(f) If a determination of the state board of assessors under par. (e) results in an
15establishment not being classified as manufacturing, the person having been
16notified of the determination shall be deemed to have accepted the determination
17unless the person files a petition for review with the clerk of the tax appeals
18commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
19commission.
AB245-ASA2,90
20Section 90
. 70.995 (7) (b) of the statutes is amended to read:
AB245-ASA2,36,2421
70.995
(7) (b) Each 5 years, or more frequently if the department of revenue's
22workload permits and if in the department's judgment it is desirable, the department
23of revenue shall complete a field investigation or on-site appraisal at full value under
24ss. s. 70.32 (1)
and 70.34 of all manufacturing
real property in this state.
AB245-ASA2,91
25Section 91
. 70.995 (8) (b) 1. of the statutes is amended to read:
AB245-ASA2,37,19
170.995
(8) (b) 1. The department of revenue shall annually notify each
2manufacturer assessed under this section and the municipality in which the
3manufacturing property is located of the full value of all real
and personal property
4owned by the manufacturer. The notice shall be in writing and shall be sent by 1st
5class mail or electronic mail. In addition, the notice shall specify that objections to
6valuation, amount, or taxability must be filed with the state board of assessors no
7later than 60 days after the date of the notice of assessment, that objections to a
8change from assessment under this section to assessment under s. 70.32 (1) must be
9filed no later than 60 days after the date of the notice, that the fee under par. (c) 1.
10or (d) must be paid and that the objection is not filed until the fee is paid. For
11purposes of this subdivision, an objection is considered timely filed if received by the
12state board of assessors no later than 60 days after the date of the notice or sent to
13the state board of assessors by certified mail in a properly addressed envelope, with
14postage paid, that is postmarked before midnight of the last day for filing. A
15statement shall be attached to the assessment roll indicating that the notices
16required by this section have been mailed and failure to receive the notice does not
17affect the validity of the assessments, the resulting tax on real
or personal property,
18the procedures of the tax appeals commission or of the state board of assessors, or
19the enforcement of delinquent taxes by statutory means.
AB245-ASA2,92
20Section 92
. 70.995 (12) (a) of the statutes is amended to read:
AB245-ASA2,38,1821
70.995
(12) (a) The department of revenue shall prescribe a standard
22manufacturing property report form that shall be submitted annually for each real
23estate parcel
and each personal property account on or before March 1 by all
24manufacturers whose property is assessed under this section. The report form shall
25contain all information considered necessary by the department and shall include,
1without limitation, income and operating statements, fixed asset schedules
, and a
2report of new construction or demolition. Failure to submit the report shall result
3in denial of any right of redetermination by the state board of assessors or the tax
4appeals commission. If any property is omitted or understated in the
manufacturing
5real estate assessment roll in any of the next 5 previous years,
or in a manufacturing
6personal property assessment roll made before January 1, 2024, the assessor shall
7enter the value of the omitted or understated property once for each previous year
8of the omission or understatement. The assessor shall affix a just valuation to each
9entry for a former year as it should have been assessed according to the assessor's
10best judgment. Taxes shall be apportioned and collected on the tax roll for each entry,
11on the basis of the net tax rate for the year of the omission, taking into account credits
12under s. 79.10. In the case of omitted property, interest shall be added at the rate of
130.0267 percent per day for the period of time between the date when the form is
14required to be submitted and the date when the assessor affixes the just valuation.
15In the case of underpayments determined after an objection under sub. (8) (d),
16interest shall be added at the average annual discount interest rate determined by
17the last auction of 6-month U.S. treasury bills before the objection per day for the
18period of time between the date when the tax was due and the date when it is paid.
AB245-ASA2,93
19Section
93. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
AB245-ASA2,39,220
71.07
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
21numerator of which is the average value of the claimant's
real and personal property
22assessed under s. 70.995 land and depreciable property, owned or rented and used
23in this state by the claimant during the taxable year to manufacture qualified
24production property, and the denominator of which is the average value of all the
25claimant's
real and personal land and depreciable property owned or rented during
1the taxable year and used by the claimant to manufacture qualified production
2property.
AB245-ASA2,94
3Section 94
. 71.07 (5n) (a) 5. d. of the statutes is repealed.
AB245-ASA2,95
4Section 95
. 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245-ASA2,39,65
71.07
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
6the following:
AB245-ASA2,96
7Section 96
. 71.07 (5n) (a) 9. a. of the statutes is amended to read:
AB245-ASA2,39,148
71.07
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
9by the claimant on property that is
located in this state and assessed as
10manufacturing property under s. 70.995.
Tangible personal property manufactured
11in this state may only be qualified production property if it is manufactured on
12property approved to be classified as manufacturing real property for purposes of s.
1370.995, even if it is not eligible to be listed on the department's manufacturing roll
14until January 1 of the following year.
AB245-ASA2,97
15Section 97
. 71.07 (5n) (a) 9. c. of the statutes is created to read:
AB245-ASA2,39,2516
71.07
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
17by the claimant at an establishment that is located in this state and classified as
18manufacturing under s. 70.995 (5n). A person wishing to classify the person's
19establishment as manufacturing under this subd. 9. c. shall file an application in the
20form and manner prescribed by the department no later than July 1 of the taxable
21year for which the person wishes to claim the credit under this subsection, pursuant
22to s. 70.995 (5n). The department shall make a determination and provide written
23notice by December 31 of the year in which the application is filed. A determination
24on the classification under this subd. 9. c. may be appealed as provided under s.
2570.995 (5n).
AB245-ASA2,98
1Section
98. 71.07 (5n) (d) 2. of the statutes is amended to read:
AB245-ASA2,40,102
71.07
(5n) (d) 2. For purposes of determining a claimant's eligible qualified
3production activities income under this subsection, the claimant shall multiply the
4claimant's qualified production activities income from property manufactured by the
5claimant by the manufacturing property factor and qualified production activities
6income from property produced, grown, or extracted by the claimant by the
7agriculture property factor.
This subdivision does not apply if the claimant's entire
8qualified production activities income results from the sale of tangible personal
9property that was manufactured, produced, grown, or extracted wholly in this state
10by the claimant.
AB245-ASA2,99
11Section
99. 71.07 (6e) (a) 5. of the statutes is amended to read:
AB245-ASA2,41,312
71.07
(6e) (a) 5. “Property taxes" means real
and personal property taxes,
13exclusive of special assessments, delinquent interest, and charges for service, paid
14by a claimant, and the claimant's spouse if filing a joint return, on the eligible
15veteran's or unremarried surviving spouse's principal dwelling in this state during
16the taxable year for which credit under this subsection is claimed, less any property
17taxes paid which are properly includable as a trade or business expense under
18section
162 of the Internal Revenue Code. If the principal dwelling on which the
19taxes were paid is owned by 2 or more persons or entities as joint tenants or tenants
20in common or is owned by spouses as marital property, “property taxes" is that part
21of property taxes paid that reflects the ownership percentage of the claimant, except
22that this limitation does not apply to spouses who file a joint return. If the principal
23dwelling is sold during the taxable year, the “property taxes" for the seller and buyer
24shall be the amount of the tax prorated to each in the closing agreement pertaining
25to the sale or, if not so provided for in the closing agreement, the tax shall be prorated
1between the seller and buyer in proportion to months of their respective ownership.
2“Property taxes" includes monthly municipal permit fees in respect to a principal
3dwelling collected under s. 66.0435 (3) (c).
AB245-ASA2,100
4Section
100. 71.07 (9) (a) 3. of the statutes is amended to read:
AB245-ASA2,41,195
71.07
(9) (a) 3. “Property taxes" means real
and personal property taxes,
6exclusive of special assessments, delinquent interest and charges for service, paid by
7a claimant on the claimant's principal dwelling during the taxable year for which
8credit under this subsection is claimed, less any property taxes paid which are
9properly includable as a trade or business expense under section
162 of the Internal
10Revenue Code. If the principal dwelling on which the taxes were paid is owned by
112 or more persons or entities as joint tenants or tenants in common or is owned by
12spouses as marital property, “property taxes" is that part of property taxes paid that
13reflects the ownership percentage of the claimant. If the principal dwelling is sold
14during the taxable year the “property taxes" for the seller and buyer shall be the
15amount of the tax prorated to each in the closing agreement pertaining to the sale
16or, if not so provided for in the closing agreement, the tax shall be prorated between
17the seller and buyer in proportion to months of their respective ownership. “
Property
18taxes" includes monthly municipal permit fees in respect to a principal dwelling
19collected under s. 66.0435 (3) (c).
AB245-ASA2,101
20Section 101
. 71.17 (2) of the statutes is amended to read:
AB245-ASA2,42,321
71.17
(2) Lien on trust estate; income taxes levied against beneficiary. All
22income taxes levied against the income of beneficiaries shall be a lien on that portion
23of the trust estate or interest therein from which the income taxed is derived, and
24such taxes shall be paid by the fiduciary, if not paid by the distributee, before the
25same become delinquent. Every person who, as a fiduciary under the provisions of
1this subchapter, pays an income tax shall have all the rights and remedies of
2reimbursement for any taxes assessed against him or her or paid by him or her in
3such capacity, as provided in s. 70.19 (1)
, 2021 stats., and
s. 70.19 (2)
, 2021 stats.
AB245-ASA2,102
4Section
102. 71.28 (5n) (a) 5. a. of the statutes is amended to read:
AB245-ASA2,42,125
71.28
(5n) (a) 5. a. “Manufacturing property factor" means a fraction, the
6numerator of which is the average value of the claimant's
real and personal property
7assessed under s. 70.995 land and depreciable property, owned or rented and used
8in this state by the claimant during the taxable year to manufacture qualified
9production property, and the denominator of which is the average value of all the
10claimant's
real and personal land and depreciable property owned or rented during
11the taxable year and used by the claimant to manufacture qualified production
12property.
AB245-ASA2,103
13Section 103
. 71.28 (5n) (a) 5. d. of the statutes is repealed.
AB245-ASA2,104
14Section 104
. 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245-ASA2,42,1615
71.28
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
16the following:
AB245-ASA2,105
17Section 105
. 71.28 (5n) (a) 9. a. of the statutes is amended to read:
AB245-ASA2,42,2418
71.28
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
19by the claimant on property that is
located in this state and assessed as
20manufacturing property under s. 70.995.
Tangible personal property manufactured
21in this state may only be qualified production property if it is manufactured on
22property approved to be classified as manufacturing real property for purposes of s.
2370.995, even if it is not eligible to be listed on the department's manufacturing roll
24until January 1 of the following year.
AB245-ASA2,106
25Section 106
. 71.28 (5n) (a) 9. c. of the statutes is created to read:
AB245-ASA2,43,10
171.28
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
2by the claimant with 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).
AB245-ASA2,107
11Section
107. 71.28 (5n) (d) 2. of the statutes is amended to read:
AB245-ASA2,43,2012
71.28
(5n) (d) 2. Except as provided in subd. 3., for purposes of determining a
13claimant's eligible qualified production activities income under this subsection, the
14claimant shall multiply the claimant's qualified production activities income from
15property manufactured by the claimant by the manufacturing property factor and
16qualified production activities income from property produced, grown, or extracted
17by the claimant by the agriculture property factor.
This subdivision does not apply
18if the claimant's entire qualified production activities income results from the sale
19of tangible personal property that was manufactured, produced, grown, or extracted
20wholly in this state by the claimant.
AB245-ASA2,108
21Section
108. 71.52 (7) of the statutes is amended to read:
AB245-ASA2,45,1922
71.52
(7) “Property taxes accrued" means real
or personal property taxes or
23monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special
24assessments, delinquent interest and charges for service, levied on a homestead
25owned by the claimant or a member of the claimant's household. “Real
or personal
1property taxes" means those levied under ch. 70, less the tax credit, if any, afforded
2in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons
3or entities as joint tenants or tenants in common or is owned as marital property or
4survivorship marital property and one or more such persons, entities or owners is not
5a member of the claimant's household, property taxes accrued is that part of property
6taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10,
7that reflects the ownership percentage of the claimant and the claimant's household,
8except that if a homestead is owned by 2 or more natural persons or if 2 or more
9natural persons have an interest in a homestead, one or more of whom is not a
10member of the claimant's household, and the claimant has a present interest, as that
11term is used in s. 700.03 (1), in the homestead and is required by the terms of a will
12that transferred the homestead or interest in the homestead to the claimant to pay
13the entire amount of property taxes levied on the homestead, property taxes accrued
14is property taxes accrued levied on such homestead, reduced by the tax credit under
15s. 79.10. A marital property agreement or unilateral statement under ch. 766 has
16no effect in computing property taxes accrued for a person whose homestead is not
17the same as the homestead of that person's spouse. For purposes of this subsection,
18property taxes are “levied" when the tax roll is delivered to the local treasurer for
19collection. If a homestead is sold or purchased during the calendar year of the levy,
20the property taxes accrued for the seller and the buyer are the amount of the tax levy
21prorated to each in proportion to the periods of time each both owned and occupied
22the homestead during the year to which the claim relates. The seller may use the
23closing agreement pertaining to the sale of the homestead, the property tax bill for
24the year before the year to which the claim relates or the property tax bill for the year
25to which the claim relates as the basis for computing property taxes accrued, but
1those taxes are allowable only for the portion of the year during which the seller
2owned and occupied the sold homestead. If a household owns and occupies 2 or more
3homesteads in the same calendar year, property taxes accrued is the sum of the
4prorated property taxes accrued attributable to the household for each of such
5homesteads. If the household owns and occupies the homestead for part of the
6calendar year and rents a homestead for part of the calendar year, it may include both
7the proration of taxes on the homestead owned and rent constituting property taxes
8accrued with respect to the months the homestead is rented in computing the amount
9of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose
10or multidwelling building, property taxes accrued are the percentage of the property
11taxes accrued on that part of the multipurpose or multidwelling building occupied
12by the household as a principal residence plus that same percentage of the property
13taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably
14necessary for use of the multipurpose or multidwelling building as a principal
15residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part
16of a farm, property taxes accrued are the property taxes accrued on up to 120 acres
17of the land contiguous to the claimant's principal residence and include the property
18taxes accrued on all improvements to real property located on such land, except as
19the limitations of s. 71.54 (2) (b) apply.
AB245-ASA2,109
20Section
109. 73.01 (5) (a) of the statutes is amended to read:
AB245-ASA2,47,521
73.01
(5) (a) Any person who is aggrieved by a determination of the state board
22of assessors under s. 70.995
(5n) or (8) or who has filed a petition for redetermination
23with the department of revenue and who is aggrieved by the redetermination of the
24department of revenue may, within 60 days of the determination of the state board
25of assessors or of the department of revenue or, in all other cases, within 60 days after
1the redetermination but not thereafter, file with the clerk of the commission a
2petition for review of the action of the department of revenue and the number of
3copies of the petition required by rule adopted by the commission. Any person who
4is aggrieved by a determination of the department of transportation under s. 341.405
5or 341.45 may, within 30 days after the determination of the department of
6transportation, file with the clerk of the commission a petition for review of the action
7of the department of transportation and the number of copies of the petition required
8by rule adopted by the commission. If a municipality appeals, its appeal shall set
9forth that the appeal has been authorized by an order or resolution of its governing
10body and the appeal shall be verified by a member of that governing body as
11pleadings in courts of record are verified. The clerk of the commission shall transmit
12one copy to the department of revenue, or to the department of transportation, and
13to each party. In the case of appeals from manufacturing property assessments, the
14person assessed shall be a party to a proceeding initiated by a municipality. At the
15time of filing the petition, the petitioner shall pay to the commission a $25 filing fee.
16The commission shall deposit the fee in the general fund. Within 30 days after such
17transmission the department of revenue, except for petitions objecting to
18manufacturing property assessments, or the department of transportation, shall file
19with the clerk of the commission an original and the number of copies of an answer
20to the petition required by rule adopted by the commission and shall serve one copy
21on the petitioner or the petitioner's attorney or agent. Within 30 days after service
22of the answer, the petitioner may file and serve a reply in the same manner as the
23petition is filed. Any person entitled to be heard by the commission under s. 76.38
24(12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission
25within the time and in the manner provided for the filing of petitions in income or
1franchise tax cases. Such papers may be served as a circuit court summons is served
2or by certified mail. For the purposes of this subsection, a petition for review is
3considered timely filed if mailed by certified mail in a properly addressed envelope,
4with postage duly prepaid, which envelope is postmarked before midnight of the last
5day for filing.
AB245-ASA2,110
6Section
110. 73.03 (77) of the statutes is created to read:
AB245-ASA2,47,97
73.03
(77) To annually produce a comparative local government spending
8report from information received under s. 73.10 and to create and maintain a web
9page on its Internet site to display the information contained in the report.
AB245-ASA2,111
10Section 111
. 76.02 (1) of the statutes is amended to read:
AB245-ASA2,47,1611
76.02
(1) “Air carrier company" means any person engaged in the business of
12transportation in aircraft of persons or property for hire on regularly scheduled
13flights, except an air carrier company whose property is exempt from taxation under
14s.
70.11 (42) (b) 76.074 (2). In this subsection, “aircraft" means a completely equipped
15operating unit, including spare flight equipment, used as a means of conveyance in
16air commerce.
AB245-ASA2,112
17Section 112
. 76.025 (5) of the statutes is created to read:
AB245-ASA2,47,2118
76.025
(5) Nothing in this chapter or ch. 70 shall be construed as providing an
19exemption for personal property for entities regulated under this chapter, except for
20the exemptions under ss. 70.11 (21), (39), and (39m), 70.112 (4) (b) and (5), and
2176.074, and for such motor vehicles as are exempt under s. 70.112 (5).
AB245-ASA2,113
22Section 113
. 76.03 (1) of the statutes is amended to read:
AB245-ASA2,48,223
76.03
(1) The property, both real and personal, including all rights, franchises
24and privileges used in and necessary to the prosecution of the business of any
1company enumerated in s. 76.02
shall be deemed personal property for the purposes
2of taxation, and shall be valued and assessed together as a unit.
AB245-ASA2,114
3Section
114. 76.07 (2) of the statutes is amended to read:
AB245-ASA2,48,234
76.07
(2) Relation to state valuation; description. The value of the property
5of each
of said companies company for assessment shall be made on the same basis
6and for the same period of time, as near as may be, as the value of the general
7property of the state is ascertained and determined. The department shall prepare
8an assessment roll and place thereon after the name of each
of said companies 9company assessed, the following general description of the property of such company,
10to wit which the department shall deem and hold to include the entire property and
11franchises of the company specified and all title and interest therein: “
Real estate,
12right-of-way, tracks, stations, terminals, appurtenances,
rolling stock, equipment, 13franchises
, and all other real estate and personal property of
said the company," in
14the case of railroads, and “Real estate, right-of-way, poles, wires, conduits, cables,
15devices, appliances, instruments, franchises
, and all other real and personal
16property of
said the company," in the case of conservation and regulation companies,
17and “Real estate, appurtenances, rolling stock, equipment, franchises, and all other
18real estate and personal property of
said the company," in the case of air carrier
19companies, and “Land and land rights, structures, improvements, mains, pumping
20and regulation equipment, services, appliances, instruments, franchises
, and all
21other real and personal property of
said the company," in the case of pipeline
22companies
, which description shall be deemed and held to include the entire property
23and franchises of the company specified and all title and interest therein.
AB245-ASA2,115
24Section
115. 76.07 (4g) (a) 10. of the statutes is amended to read:
AB245-ASA2,49,3
176.07
(4g) (a) 10. Determine the depreciated cost of
road real property owned
2or rented by the company and used in the operation of the company's business in this
3state.
AB245-ASA2,116
4Section
116. 76.07 (4g) (a) 11. and 12. of the statutes are repealed.
AB245-ASA2,117
5Section
117. 76.07 (4g) (a) 13. of the statutes is amended to read:
AB245-ASA2,49,76
76.07
(4g) (a) 13. Divide the
sum of the amounts under subds. 10. and 12. 7amount under subd. 10. by the depreciated cost of
road real property everywhere.