AB1089: Bill Text

AB1089,,52 76.22 (2) The action to recover taxes and interest and to enforce the same as a lien shall be an action in equity and shall be commenced and carried on and judgment entered according to the laws of the state and the rules and practice of courts of equity so far as applicable. No reference shall be made to take testimony or to hear, try and determine the issues of fact in the action. The judgment shall fix the amount of taxes and interest, adjudge the same a lien on the property of the company and provide for the sale of such property in 90 days after the entry of judgment upon publication of the notice of sale as a class 3 notice, under ch. 985. The judgment shall bear interest at the rate of 10 6 percent per year from the date of entry until finally paid.

AB1089,24 Section 24. 76.28 (4) (a) of the statutes is amended to read:

AB1089,,54 76.28 (4) (a) If after filing the reports specified in sub. (7) and after the department’s computation and assessment of license fees under sub. (2) it is determined that the amount of gross revenues reported is in error, the department shall compute the additional license fee to be paid or the amount of the overpayment of license fee to be refunded, as the case may be. If an additional license fee is due, the department shall give notice to the light, heat and power company against whom the license fee is to be levied. All such additional assessments and claims for refunds for excess license fees paid are subject to the same procedure for review and final determination as additional income or franchise tax assessments and claims for refunds under ch. 71 as far as the same may be applicable, except that appeals of denials of claims for refunds shall be made directly to the tax appeals commission and except that the additional license fees shall become delinquent 60 days after notice provided in this subsection or, if review proceedings are held, 60 days following final determination of the review proceedings. All additional license fees shall bear interest at the rate of 12 6 percent per year from the time they should have been paid to the date on which the additional fees shall become delinquent if unpaid.

AB1089,25 Section 25. 76.28 (4) (b) of the statutes is amended to read:

AB1089,,56 76.28 (4) (b) In the case of overpayments of license fees by any light, heat and power company under par. (a), the department shall certify the overpayments to the department of administration, which shall audit the amount of the overpayments and the secretary of administration shall pay the amounts determined by means of the audit. All refunds of license fees under this subsection shall bear interest at the annual rate of 3 6 percent from the date of the original payment to the date when the refund is made. The time for making additional levies of license fees or claims for refunds of excess license fees paid, in respect to any year, shall be limited to 4 years after the time the report for such year was filed.

AB1089,26 Section 26. 76.28 (11) of the statutes is amended to read:

AB1089,,58 76.28 (11) Payment before contesting. No action or proceeding, except a petition for redetermination under sub. (4), may be brought by a light, heat or power company against this state to contest any assessment of a tax under this section unless the taxpayer first pays to this state the amount of tax assessed. If the taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer, including payment of interest at 3 6 percent per year on the amount of the money paid from the date of payment until the date of judgment.

AB1089,27 Section 27. 76.39 (4) (d) of the statutes is amended to read:

AB1089,,60 76.39 (4) (d) All refunds shall be certified by the department to the department of administration which shall audit the amount of the refunds and the secretary of administration shall pay the amount, together with interest at the rate of 3 6 percent per year from the date payment was made. All additional taxes shall bear interest at the rate of 12 6 percent per year from the time they should have been paid to the date upon which the additional taxes shall become delinquent if unpaid.

AB1089,28 Section 28. 76.48 (5) of the statutes is amended to read:

AB1089,,62 76.48 (5) Additional assessments may be made, if notice of such assessment is given, within 4 years of the date the annual return was filed, but if no return was filed, or if the return filed was incorrect and was filed with intent to defeat or evade the tax, an additional assessment may be made at any time upon the discovery of gross revenues by the department. Refunds may be made if a claim for the refund is filed in writing with the department within 4 years of the date the annual return was filed. Refunds shall bear interest at the rate of 3 6 percent per year and shall be certified by the department to the secretary of administration who shall audit the amounts of such overpayments and pay the amount audited. Additional assessments shall bear interest at the rate of 12 6 percent per year from the time they should have been paid to the date upon which they shall become delinquent if unpaid.

AB1089,29 Section 29. 77.59 (6) (c) of the statutes is amended to read:

AB1089,,64 77.59 (6) (c) The department shall notify any person who files a petition for redetermination that the person may deposit the entire deficiency determination, including any penalty or interest, with the department when the petition is filed or at any time before the department makes its redetermination. Any deposited amount which is refunded shall bear interest at the rate of 3 6 percent per year during the time the funds were on deposit. A person may also pay any portion of a deficiency determination admitted to be correct and the payment shall be considered an admission of the validity of that portion of the deficiency determination and may not be recovered in an appeal or in any other action or proceeding.

AB1089,30 Section 30. 77.60 (1) (a) of the statutes is renumbered 77.60 (1) (a) (intro.) and amended to read:

AB1089,,66 77.60 (1) (a) (intro.) Except as provided in par. (b), unpaid the following interest rates apply:

AB1089,,67 1. Unpaid taxes shall bear interest at the rate of 12 6 percent per year from the unextended due date of the return until paid or deposited with the department.

AB1089,,68 2. Taxes refunded to the seller shall bear interest at 3 6 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls. An extension of time within which to file a return shall not extend the due date of the return for purposes of interest computation.

AB1089,,69 3. Taxes refunded to the buyer shall bear interest at 3 6 percent per year from the last day of the month following the month during which the buyer paid the tax to the date on which the refund is certified on the refund rolls.

AB1089,31 Section 31. 77.60 (1) (b) of the statutes is renumbered 77.60 (1) (b) 1. and amended to read:

AB1089,,71 77.60 (1) (b) 1. Any unpaid taxes for a calendar year or a fiscal year resulting from a field audit shall bear interest at the rate of 12 6 percent per year from the unextended due date of the taxpayer’s Wisconsin income or franchise tax return for that calendar or fiscal year or, if exempt the filing of an income or franchise tax return under ch. 71 is not required, from the 15th day of the 4th month of the year after the close of the calendar or fiscal year for which the taxes are due to the date on which the taxes are paid or, if unpaid, become delinquent, whichever is earlier.

AB1089,32 Section 32. 77.60 (1) (b) 2. of the statutes is created to read:

AB1089,,73 77.60 (1) (b) 2. Taxes refunded as a result of a field audit shall bear interest at the rate of 6 percent per year from the unextended due date of the taxpayer’s income or franchise tax return for that calendar or fiscal year or, if the filing of an income or franchise tax return under ch. 71 is not required, from the 15th day of the 4th month of the year after the close of the calendar or fiscal year to the date on which the refund is certified on the refund rolls.

AB1089,33 Section 33. 77.96 (5) of the statutes is amended to read:

AB1089,,75 77.96 (5) Each person subject to a surcharge under s. 77.93 shall, on or before the due date, including extensions, for filing under ch. 71, file an accurate statement of its gross tax liability. Payments made after the due date under sub. (2) and on or before the due date under this subsection are not delinquent but are subject to interest at the rate of 12 6 percent per year.

AB1089,34 Section 34. 78.68 (1) of the statutes is amended to read:

AB1089,,77 78.68 (1) Unpaid taxes shall bear interest at the rate of 12 6 percent per year from the due date of the tax until paid or deposited with the department, and all refunded taxes bear interest at the rate of 3 6 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

AB1089,35 Section 35. 139.25 (1) of the statutes is amended to read:

AB1089,,79 139.25 (1) Interest and penalties. Unpaid taxes bear interest at the rate of 12 6 percent per year from the due date of the return until paid or deposited with the department, and all refunded taxes bear interest at the rate of 3 6 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

AB1089,36 Section 36. 139.44 (9) of the statutes is amended to read:

AB1089,,81 139.44 (9) Unpaid taxes bear interest at the rate of 12 6 percent per year from the due date of the return until paid or deposited with the department, and all refunded taxes bear interest at the rate of 3 6 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

AB1089,37 Section 37. 168.12 (6) (c) of the statutes is amended to read:

AB1089,,83 168.12 (6) (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 3 6 percent per year, from the moneys appropriated under s. 20.855 (4) (r).

AB1089,38 Section 38. 168.12 (6) (d) 2. of the statutes is amended to read:

AB1089,,85 168.12 (6) (d) 2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25 percent of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12 6 percent per year.

AB1089,39 Section 39. 168.12 (6) (e) 1. of the statutes is amended to read:

AB1089,,87 168.12 (6) (e) 1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12 6 percent per year.

AB1089,40 Section 40. 168.12 (6) (e) 3. of the statutes is amended to read:

AB1089,,89 168.12 (6) (e) 3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12 6 percent per year.

AB1089,41 Section 41. Initial applicability.

AB1089,,91 (1) Interest on underpayments and overpayments. This act first applies to assessments issued and refunds paid on December 31, 2024, regardless of the taxable periods to which the assessments or refunds pertain.

AB1089,,92 (end)