Tax 1.11(3)(d)(d) District attorneys. No information may be divulged to district attorneys under the provisions specified in sub. (2) unless the following requirements are first complied with: Tax 1.11(3)(d)1.1. The tax information to be examined by the district attorney is for use in preparation for a judicial proceeding or an investigation which may result in a judicial proceeding involving any of the taxes or tax credits referred to in sub. (2) and one of the following applies: Tax 1.11(3)(d)1.b.b. The treatment of an item reflected in the tax information is or may be related to the resolution of an issue in the proceeding or investigation. Tax 1.11(3)(d)1.c.c. The tax information relates or may relate to a transactional relationship between the taxpayer and a person who is or may be a party to the proceeding which affects or may affect the resolution of an issue in the proceeding or investigation. Tax 1.11(3)(d)2.2. If the department allows examination of information under subd. 1. then all of the following apply: Tax 1.11(3)(d)2.a.a. The department may make disclosure on its own motion if the department has referred the case to a district attorney. Tax 1.11(3)(d)2.b.b. The department may allow the examination of information requested and the information may be examined and used solely for the proceeding or investigation for which it is requested if a district attorney requests examination of a tax or tax credit information relating to a person, the district attorney specifies in writing the purpose for each requested examination, identifies the requestor, and the person to whom the information relates, the statutory or other authority showing the duties of the office, and the relation of the purpose to the duties of the office. Tax 1.11(3)(d)3.3. Such information may be examined for use in preparation for any administrative or judicial proceeding or an investigation which may result in such proceeding pertaining to the enforcement of a specifically designated state criminal statute not involving tax administration to which this state or a governmental subdivision thereof is a party. Such information may be used solely for the proceeding or investigation for which it is requested. Tax 1.11(3)(d)4.4. If a district attorney petitions a court of record in this state for an order allowing the examination and the court issues an order after finding all of the following, the department may allow an examination of information under subd. 3.: Tax 1.11(3)(d)4.a.a. There is reasonable cause to believe, based on information believed to be reliable, that a specific criminal act has been committed; Tax 1.11(3)(d)4.b.b. There is reason to believe that such information is probative evidence of a matter in issue related to the commission of the criminal act; and Tax 1.11(3)(d)4.c.c. The information sought to be examined cannot reasonably be obtained from any other source, unless it is determined that, notwithstanding the reasonable availability of the information from another source, the information constitutes the most probative evidence of a matter in issue relating to the commission of such criminal act. Tax 1.11(3)(d)5.5. The department may deny access and shall certify the reason therefor to the court if the department determines the examination of information under subd. 4. would identify a confidential informant or seriously impair a civil or criminal tax investigation. Tax 1.11(3)(e)(e) Employees of this state. No information may be divulged to employees of this state under the provisions specified in sub. (2) unless all of the following requirements are first complied with: Tax 1.11(3)(e)1.1. The public officer of the department, division, bureau, board or commission of this state specifies in writing the purpose for each requested examination, the statutory or other authority showing the duties of the office and the relation of the purpose to the duties of the office, and the name, address and title of the employee of this state authorized to examine returns. Tax 1.11(3)(e)2.2. The department of revenue deems the examination necessary for the employee to perform his or her duties under contracts or agreements between the department of revenue and the department, division, bureau, board or commission of this state relating to the administration of tax laws or child support enforcement under s. 49.22, Stats. Tax 1.11(3)(f)(f) Taxpayers and spouses or former spouses of taxpayers. Tax 1.11(3)(f)1.1. No information may be divulged to a taxpayer under the provisions specified in sub. (2) unless the taxpayer, an officer of the taxpayer corporation or the authorized representative of the taxpayer provides appropriate identification. Tax 1.11(3)(f)2.2. No income tax information may be divulged to a taxpayer’s spouse or former spouse under the provisions specified in sub. (2) except in the following cases: Tax 1.11(3)(f)2.a.a. In the case of a joint income tax return, the spouse or former spouse signed the joint return. Tax 1.11(3)(f)2.b.b. In the case of a separate income tax return, for the 1986 tax year and thereafter, the spouse or former spouse shows that the spouse or former spouse may be liable, or the spouse’s or former spouse’s property is subject to collection, for a delinquency relating to the tax return requested to be examined. Tax 1.11(3)(g)(g) Persons designated by court order. No information may be divulged to a person designated by a court order under the provisions specified in sub. (2) unless all of the following requirements are first complied with: Tax 1.11(3)(g)1.1. The person serves a copy of the court order signed by a judge of a court of record on the custodian of files to produce a return or claim in open court in a court action pending before the judge. Tax 1.11(3)(g)2.2. The order recites that the information contained in the tax return requested to be examined is relevant to the pending action for which the order is issued. Tax 1.11(4)(a)(a) Board of arbitration. A member of the board of arbitration established under s. 71.10 (7), Stats., or a consultant under joint contract with the states of Minnesota and Wisconsin may examine income tax returns for purposes of determining the reciprocity loss to which either state is entitled. Tax 1.11(4)(c)(c) Legislative fiscal bureau. Employees of the legislative fiscal bureau, to the extent the department deems the examination necessary to perform their duties under contracts or agreements between the department of revenue and the legislative fiscal bureau relating to the review and analysis of tax policy and state revenue collections, may examine tax returns under the provisions specified in sub. (2). Tax 1.11(4)(cm)(cm) Legislative audit bureau. The state auditor and the employees of the legislative audit bureau, to the extent necessary for the bureau to carry out its duties under s. 13.94, Stats., may examine tax returns under the provisions specified in sub. (2). Tax 1.11(4)(d)(d) Lottery division. The administrator of the lottery may request examination of tax returns for the purpose of withholding delinquent Wisconsin taxes, child support, and other debts owing this state. Tax 1.11(4)(e)(e) Wisconsin economic development corporation. The chief executive officer of the Wisconsin economic development corporation and employees of the corporation may examine tax returns, except state and county sales and use tax returns, under the provisions specified in sub. (2), to the extent necessary to administer the development zone program under subch. II of ch. 238, Stats. Tax 1.11(4)(f)(f) Refund setoffs. The department may supply the address of a debtor to an agency certifying a debt of the debtor under the refund setoff provisions of s. 71.93, Stats. Tax 1.11(4)(g)(g) Successor, guarantor or surety. Any person against whom the department asserts liability under ch. 77, Stats., may examine the related sales and use tax returns. Tax 1.11(4)(gm)(gm) Material interest in property subject to a tax warrant. Any person, or authorized agent of any person, who provides satisfactory evidence to the department, as determined by the department, that the person has a material interest, or intends to obtain a material interest, in a property that is subject to a tax warrant filed by the department under s. 71.91 (5), Stats., may not examine tax returns of the persons subject to the tax warrant, but may obtain the outstanding liability secured by the tax warrant. Tax 1.11(4)(h)(h) Agreements. The department may, when satisfied that the restrictions imposed under sub. (2) will be adequately safeguarded and a beneficial tax purpose is demonstrated, enter into agreements with governmental officials whereby information is disclosed or exchanged. In these instances, the requirements of this section may be modified in the discretion of the department. Tax 1.11(5)(a)(a) With each requested examination under subs. (3) and (4), there shall also be submitted in writing or by other means as approved by the department all of the following: Tax 1.11(5)(a)1.1. The name and address of each taxpayer whose return is requested. Tax 1.11(5)(a)2.2. The type of tax return or tax credit claim, such as mining net proceeds, income, franchise, homestead credit, or sales and use tax. Tax 1.11(5)(a)4.4. The taxpayer’s social security number, if available, in the case of returns relating to individuals. Tax 1.11(5)(a)5.5. In the case of a request by a public officer, a statement indicating that the authorized agent understands the provisions specified in sub. (2) and that any persons who use or permit the use of any information directly or indirectly so obtained beyond the duties imposed upon them by law or by the duties of their office shall be deemed in violation of the provisions specified in sub. (2). Tax 1.11(5)(b)(b) The information required to be submitted to the department under sub. (5) (a) shall be submitted on forms provided by the department. Tax 1.11 HistoryHistory: Cr. Register, August, 1975, No. 236, eff. 9-1-75; am. (4) and cr. (5), Register, January, 1976, No. 241, eff. 2-1-76; emerg. cr. (9), eff. 12-31-78; am. (1) (intro.) and (a) and (2), r. (1) (b), renum. (1) (c) to be (1) (b) and am., renum. (3) to (5) to be (6) to (8) and am. (7) and (8), cr. (3) to (5), Register, January, 1979, No. 277, eff. 2-1-79; cr. (9), Register, March, 1979, No. 279, eff. 4-1-79; am. (1) (intro.) and (b), (4) (a), r. (9), Register, July, 1981, No. 307, eff. 8-1-81; am. (1) (b), (2) (c), (3) (c), (4) (a) and (c) and (5) (b), Register, June, 1983, No. 330, eff. 7-1-83; am. (5) (intro.) and (d), Register, September, 1983, No. 333, eff. 10-1-83; r. and recr. Register, January, 1991, No. 421, eff. 2-1-91; correction in (3) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; CR 12-011: r. and recr. (4) (e) Register July 2012 No. 679, eff. 8-1-12; CR 13-012: am. (4) (d) Register August 2013 No. 692, eff. 9-1-13; CR 17-019: am. (2), cr. (4) (cm), (gm), am. (5) (a) 2. Register June 2018 No. 750 eff. 7-1-18; CR 21-085: am. (2), renum. (3) (d) 2. to (3) (d) 2. b. and am., cr. (3) (d) 2. (intro.), a., 3. to 5., r. (3) (f) 2. c., am. (3) (g) 1., r. (4) (b), am. (4) (c), (5) (b) Register August 2022 No. 800, eff. 9-1-22. Tax 1.12Tax 1.12 Electronic funds transfer. Tax 1.12(1)(1) Scope. This section applies to any person who is required to or elects to pay or deposit taxes, fees, or other amounts by electronic funds transfer, or “EFT.” Tax 1.12(2)(2) Purpose. The purpose of this section is to specify which taxes, fees, and other amounts are required to be paid or deposited using the EFT payment method, to provide that certain persons not required to use the EFT payment method may elect to do so and to explain the procedures for using EFT. Tax 1.12(3)(a)(a) “ACH” means automated clearing house, a central clearing facility operated by a federal reserve bank or a private sector organization on behalf of depository financial institutions in which depository financial institutions transmit or receive ACH entries. Tax 1.12(3)(b)(b) “ACH credit” means the EFT payment option in which the payer initiates the transfer of funds by authorizing the payer’s financial institution to transfer the payment amount to the department’s depository bank. Tax 1.12(3)(c)(c) “ACH debit” means the EFT payment option in which the payer initiates the transfer of funds by authorizing the department’s depository bank to transfer the payment amount from the payer’s account. Tax 1.12(3)(cr)(cr) “Confirmation number” means a character code uniquely identifying the successful completion of an EFT transaction. Tax 1.12(3)(d)(d) “Electronic funds transfer” or “EFT” means any transfer of funds initiated through a terminal, telephone, or computer authorizing a financial institution to debit or credit an account on the requested settlement date. Tax 1.12 NoteNote: The EFT payment method allows funds to be transferred electronically from the payer’s financial institution to the department’s depository bank eliminating the need to prepare and process a paper check.
Tax 1.12(3)(e)(e) “Entry” means an electronic item representing the transfer of funds in the ACH system. Tax 1.12(3)(f)(f) “Financial institution” means any bank, savings and loan, credit union, industrial bank or other institution organized under either national or state banking laws capable of both accepting deposits and making loans. Tax 1.12(3)(g)(g) “Payer” means any person who is required to or elects to pay or deposit taxes, fees, or other amounts by electronic funds transfer. Tax 1.12(3)(h)(h) “Settle” or “settlement” means to transfer funds, or a transfer of funds, between two parties in cash or negotiable items or on the books of a mutual depository to complete one or more prior transactions and made subject to a final accounting. Tax 1.12(3)(i)(i) “Settlement date” means the date on which an exchange of funds with respect to an entry or entries is reflected on the books of the department’s depository bank. Tax 1.12(3)(j)(j) “Trace number” means a character code uniquely identifying each ACH entry. Tax 1.12(4)(a)(a) Except as provided in sub. (9), the department requires the taxes, fees, and other amounts described in subds. 1. to 18. be paid or deposited using the EFT payment method. The following taxes, fees, and other amounts are included in the EFT payment requirement: Tax 1.12(4)(a)1.1. Corporate income and franchise tax estimated tax payments and tax due with the tax return when the net tax less refundable credits on the prior year’s tax return was $1,000 or more. For a combined group or combined group member, “prior year’s tax return” means the prior year’s tax return of the designated agent. Tax 1.12(4)(a)2.2. Income tax withholding payments when the required deposits were $300 or more in the prior calendar year. Tax 1.12(4)(a)3.3. General, county, and stadium sales and use tax when the aggregate amount due in the prior calendar year was $300 or more. Tax 1.12(4)(a)4.4. Fermented malt beverages tax when the tax due after the adjustment for any overpayment or additional amount due for a previous period was $1,000 or more in the prior calendar year. Tax 1.12(4)(a)5.5. Liquor or “distilled spirits and wine” tax and administrative fee when the aggregate net amount of tax and fee due in the prior calendar year was $1,000 or more. Tax 1.12(4)(a)6.6. Cigarette tax when the net tax due before printing and shipping costs was $1,000 or more in the prior calendar year. Tax 1.12(4)(a)7.7. Tobacco products tax when the tax due in the prior calendar year was $1,000 or more. Tax 1.12(4)(a)8.8. Alternate fuels tax when the total tax due in the prior calendar year was $1,000 or more. Tax 1.12(4)(a)9.9. General aviation fuel tax when the tax due in the prior calendar year was $1,000 or more. Tax 1.12(4)(a)10.10. Motor vehicle fuel tax and petroleum inspection fee when the aggregate amount due in the prior calendar year was $1,000 or more. Tax 1.12(4)(a)11.11. Individual and fiduciary income tax estimated tax payments when the estimated tax payments as required under s. 71.09, Stats., were $2,000 or more in the prior taxable year. Tax 1.12(4)(a)12.12. Installment agreement payments on overdue tax accounts, if at least one of the following requirements is met: Tax 1.12(4)(a)12.c.c. The installment agreement was requested by an entity with an active business permit. Tax 1.12(4)(a)12.e.e. The payment history of the account dictates that it would be in the department’s best interest to require EFT. Tax 1.12(4)(a)13.13. Income and franchise tax withholding payments of pass-through entities under s. 71.775, Stats., and composite individual income tax payments made by pass-through entities on behalf of their nonresident partners or shareholders. Tax 1.12(4)(a)15.15. Local exposition tax when the general, county, and stadium sales and use tax is required to be paid using EFT, as provided in subd. 3. Tax 1.12(4)(a)16.16. Premier resort area tax when the general, county, and stadium sales and use tax is required to be paid using EFT, as provided in subd. 3. Tax 1.12(4)(a)17.17. Rental vehicle fee when the general, county, and stadium sales and use tax is required to be paid using EFT, as provided in subd. 3. Tax 1.12(4)(a)18.18. Dry cleaning facility fee when the general, county, and stadium sales and use tax is required to be paid using EFT, as provided in subd. 3. Tax 1.12(4)(b)(b) Any person not required to use the EFT payment method under par. (a) may elect to use the EFT payment method to pay or deposit the taxes, fees, or other amounts specified in par. (a).
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