This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB245-ASA1,70 16Section 70 . 70.36 (2) of the statutes is amended to read:
AB245-ASA1,35,2517 70.36 (2) It For assessments made before January 1, 2024, it is hereby made
18the duty of the district attorney of any county, upon complaint made to the district
19attorney by the assessor or by a member of the board of review of the assessment
20district in which it is alleged that property has been so withheld from the knowledge
21of such assessor or board of review, or not included in any return required by s. 70.35,
22to investigate the case forthwith and bring an action in the name of the state against
23the person, firm or corporation so complained of. All forfeitures collected under the
24provisions of this section shall be paid into the treasury of the taxation district in
25which such property had its situs for taxation.
AB245-ASA1,71
1Section 71. 70.43 (2) of the statutes is amended to read:
AB245-ASA1,36,82 70.43 (2) If the assessor discovers a palpable error in the assessment of a tract
3of real estate or an item of personal property, for personal property assessments
4made before January 1, 2024,
that results in the tract or property having an
5inaccurate assessment for the preceding year, the assessor shall correct that error
6by adding to or subtracting from the assessment for the preceding year. The result
7shall be the true assessed value of the property for the preceding year. The assessor
8shall make a marginal note of the correction on that year's assessment roll.
AB245-ASA1,72 9Section 72 . 70.44 (1) of the statutes is amended to read:
AB245-ASA1,36,1910 70.44 (1) Real or personal property omitted from assessment in any of the 2
11next previous years or personal property assessments made before January 1, 2024,
12and omitted from any of the 2 next previous years
, unless previously reassessed for
13the same year or years, shall be entered once additionally for each previous year of
14such omission, designating each such additional entry as omitted for the year of
15omission and affixing a just valuation to each entry for a former year as the same
16should then have been assessed according to the assessor's best judgment, and taxes
17shall be apportioned, using the net tax rate as provided in s. 70.43, and collected on
18the tax roll for such entry. This section shall not apply to manufacturing property
19assessed by the department of revenue under s. 70.995.
AB245-ASA1,73 20Section 73. 70.47 (7) (aa) of the statutes is amended to read:
AB245-ASA1,36,2521 70.47 (7) (aa) No person shall be allowed to appear before the board of review,
22to testify to the board by telephone or to contest the amount of any assessment of real
23or personal property
if the person has refused a reasonable written request by
24certified mail of the assessor to enter onto property to conduct an exterior view of the
25real or personal property being assessed.
AB245-ASA1,74
1Section 74. 70.47 (15) of the statutes is repealed.
AB245-ASA1,75 2Section 75 . 70.49 (2) of the statutes is amended to read:
AB245-ASA1,37,73 70.49 (2) The value of all real and personal property entered into the
4assessment roll to which such affidavit is attached by the assessor shall, in all actions
5and proceedings involving such values, be presumptive evidence that all such
6properties have been justly and equitably assessed in proper relationship to each
7other.
AB245-ASA1,76 8Section 76. 70.50 of the statutes is amended to read:
AB245-ASA1,37,17 970.50 Delivery of roll. Except in counties that have a county assessment
10system under s. 70.99 and in cities of the 1st class and in 2nd class cities that have
11a board of assessors under s. 70.075 the assessor shall, on or before the first Monday
12in May, deliver the completed assessment roll and all the sworn statements and
13valuations of personal property
to the clerk of the town, city , or village, who shall file
14and preserve them in the clerk's office. On or before the first Monday in April, a
15county assessor under s. 70.99 shall deliver the completed assessment roll and all
16sworn statements and valuations of personal property to the clerks of the towns,
17cities, and villages in the county, who shall file and preserve them in the clerk's office.
AB245-ASA1,77 18Section 77 . 70.52 of the statutes is amended to read:
AB245-ASA1,38,5 1970.52 Clerks to examine and correct rolls. Each city, village, and town
20clerk upon receipt of the assessment roll shall carefully examine the roll. The clerk
21shall correct all double assessments, imperfect descriptions, and other errors
22apparent on the roll, and correct the value of parcels of real property not liable to
23taxation. The clerk shall add to the roll any parcel of real property not listed on the
24assessment roll or item of personal property omitted from the roll and immediately
25notify the assessors of the additions and omissions. The assessors shall immediately

1view and value the omitted property and certify the valuation to the clerk. The clerk
2shall enter the valuation and property classification on the roll, and the valuation
3shall be final. To enable the clerk to properly correct defective descriptions, the clerk
4may request aid, when necessary, from the county surveyor, whose fees for the
5services rendered shall be paid by the city, village, or town.
AB245-ASA1,78 6Section 78. 70.53 (1) (a) of the statutes is repealed.
AB245-ASA1,79 7Section 79 . 70.65 (2) (a) 2. of the statutes is amended to read:
AB245-ASA1,38,108 70.65 (2) (a) 2. Identify For assessments made before January 1, 2024, identify
9the name and address of the owners of all taxable personal property within the
10taxation district and the assessed value of each owner's taxable personal property.
AB245-ASA1,80 11Section 80 . 70.65 (2) (b) (intro.) of the statutes is amended to read:
AB245-ASA1,38,1412 70.65 (2) (b) (intro.) With respect to each description of real property and each
13owner of taxable personal property and the personal property assessments made
14before January 1, 2024
:
AB245-ASA1,81 15Section 81 . 70.68 (1) of the statutes is amended to read:
AB245-ASA1,38,2216 70.68 (1) Collection in certain cities. In For taxes levied before January 1,
172024, in
cities authorized to act under s. 74.87, the chief of police shall collect all state,
18county, city, school, and other taxes due on personal property as shall then remain
19unpaid, and the chief of police shall possess all the powers given by law to town
20treasurers for the collection of such taxes, and be subject to the liabilities and entitled
21to the same fees as town treasurers in such cases, but such fees shall be turned over
22to the city treasurer and become a part of the general fund.
AB245-ASA1,82 23Section 82 . 70.73 (1) (b) of the statutes is amended to read:
AB245-ASA1,39,524 70.73 (1) (b) If a town, village, or city clerk or treasurer discovers that personal
25property has been assessed to the wrong person for assessments made before

1January 1, 2024
, or 2 or more parcels of land belonging to different persons have been
2erroneously assessed together on the tax roll, the clerk or treasurer shall notify the
3assessor and all parties interested, if the parties are residents of the county, by notice
4in writing to appear at the clerk's office at some time, not less than 5 days thereafter,
5to correct the assessment roll.
AB245-ASA1,83 6Section 83 . 70.73 (1) (c) of the statutes is amended to read:
AB245-ASA1,39,127 70.73 (1) (c) At the time and place designated in the notice given under par. (b),
8the assessment roll shall be corrected by entering the correct names of the persons
9liable to assessment, both as to real and personal property, describing each parcel of
10land and giving the proper valuation to each parcel separately owned. The total
11valuation given to the separate tracts of real estate shall be equal to the valuation
12given to the same property when the several parcels were assessed together.
AB245-ASA1,84 13Section 84 . 70.73 (1) (d) of the statutes is amended to read:
AB245-ASA1,39,1814 70.73 (1) (d) The valuation of parcels of land or correction of names of persons
15whose personal property is assessed under this subsection
may be made at any time
16before the tax roll is returned to the county treasurer for the year in which the tax
17is levied. The valuation or correction of names, when made under this subsection,
18shall be held just and correct and be final and conclusive.
AB245-ASA1,85 19Section 85 . 70.84 of the statutes is amended to read:
AB245-ASA1,40,15 2070.84 Inequalities may be corrected in subsequent year. If any such
21reassessment cannot be completed in time to take the place of the original
22assessment made in such district for said year, the clerk of the district shall levy and
23apportion the taxes for that year upon the basis of the original assessment roll, and
24when the reassessment is completed the inequalities in the taxes levied under the
25original assessment shall be remedied and compensated in the levy and

1apportionment of taxes in such district next following the completion of said
2reassessment in the following manner: Each tract of real estate, and, as to personal
3property assessments made before January 1, 2024, each taxpayer, whose tax shall
4be determined by such reassessment to have been relatively too high, shall be
5credited a sum equal to the amount of taxes charged on the original assessment in
6excess of the amount which would have been charged had such reassessment been
7made in time; and each tract of real estate, and, as to personal property assessments
8made before January 1, 2024
, each taxpayer, whose tax shall be determined by such
9reassessment to have been relatively too low, shall be charged, in addition to all other
10taxes, a sum equal to the difference between the amount of taxes charged upon such
11unequal original assessment and the amount which would have been charged had
12such reassessment been made in time. The department of revenue, or its authorized
13agent, shall at any time have access to all assessment and tax rolls herein referred
14to for the purpose of assisting the local clerk and in order that the results of the
15reassessment may be carried into effect.
AB245-ASA1,86 16Section 86 . 70.855 (1) (intro.) of the statutes is amended to read:
AB245-ASA1,40,1917 70.855 (1) Applicability. (intro.) The department of revenue shall assess real
18and personal property assessed as commercial property under s. 70.32 (2) (a) 2. if all
19of the following apply:
AB245-ASA1,87 20Section 87 . 70.855 (1) (a) of the statutes is amended to read:
AB245-ASA1,40,2421 70.855 (1) (a) The property owner and the governing body of the municipality
22where the property is located submit a written request to the department on or before
23March 1 of the year of the assessment to have the department assess the property
24owner's real and personal commercial property located in the municipality.
AB245-ASA1,88 25Section 88 . 70.855 (1) (b) of the statutes is amended to read:
AB245-ASA1,41,2
170.855 (1) (b) The written request submitted under par. (a) specifies the items
2of personal property and
parcels of real property for the department's assessment.
AB245-ASA1,89 3Section 89 . 70.995 (1) (a) of the statutes is amended to read:
AB245-ASA1,41,194 70.995 (1) (a) In this section “manufacturing property" includes all lands,
5buildings, structures and other
real property, as defined in s. 70.03, in this state, used
6in manufacturing, assembling, processing, fabricating, making, or milling tangible
7personal property for profit. Manufacturing property also includes warehouses,
8storage facilities, and office structures in this state when the predominant use of the
9warehouses, storage facilities, or offices is in support of the manufacturing property,
10and all personal property owned or used by any person engaged in this state in any
11of the activities mentioned, and used in the activity, including raw materials,
12supplies, machinery, equipment, work in
process and finished inventory when
13located at the site of the activity
. Establishments engaged in assembling component
14parts of manufactured products are considered manufacturing establishments if the
15new product is neither a structure nor other fixed improvement. Materials processed
16by a manufacturing establishment include products of agriculture, forestry, fishing,
17mining, and quarrying. For the purposes of this section, establishments which
18engage in mining metalliferous minerals are considered manufacturing
19establishments.
AB245-ASA1,90 20Section 90 . 70.995 (4) of the statutes is amended to read:
AB245-ASA1,42,1421 70.995 (4) Whenever real property or tangible personal property is used for
22one, or some combination, of the processes mentioned in sub. (3) and also for other
23purposes, the department of revenue, if satisfied that there is substantial use in one
24or some combination of such processes, may assess the property under this section.
25For all purposes of this section the department of revenue shall have sole discretion

1for the determination of what is substantial use and what description of real property
2or what unit of tangible personal property shall constitute “the property" to be
3included for assessment purposes, and, in connection herewith, the department may
4include in a real property unit, real property owned by different persons. Vacant
5property designed for use in manufacturing, assembling, processing, fabricating,
6making, or milling tangible property for profit may be assessed under this section or
7under s. 70.32 (1), and the period of vacancy may not be the sole ground for making
8that determination. In those specific instances where a portion of a description of
9real property includes manufacturing property rented or leased and operated by a
10separate person which does not satisfy the substantial use qualification for the entire
11property, the local assessor shall assess the entire real property description and all
12personal property not exempt under s. 70.11 (27
). The applicable portions of the
13standard manufacturing property report form under sub. (12) as they relate to
14manufacturing machinery and equipment shall be submitted by such person
.
AB245-ASA1,91 15Section 91. 70.995 (5) of the statutes is amended to read:
AB245-ASA1,43,216 70.995 (5) The department of revenue shall assess all property of
17manufacturing establishments included under subs. (1) and (2), except property not
18contiguous with or located within 1,000 feet of the parcel on which the production
19process, as defined in s. 70.11 (27) (a) 5., occurs,
as of the close of January 1 of each
20year, if on or before March 1 of that year the department has classified the property
21as manufacturing or the owner of the property has requested, in writing, that the
22department make such a classification and the department later does so. A change
23in ownership, location, or name of the manufacturing establishment does not
24necessitate a new request. In assessing lands from which metalliferous minerals are

1being extracted and valued for purposes of the tax under s. 70.375, the value of the
2metalliferous mineral content of such lands shall be excluded.
AB245-ASA1,92 3Section 92 . 70.995 (5n) of the statutes is created to read:
AB245-ASA1,43,114 70.995 (5n) (a) If the department of revenue determines that an establishment
5is engaged in manufacturing, as described in subs. (1), (2), and (3), the department
6may classify the establishment as manufacturing. The establishment shall submit
7a written request on or before July 1 of the year for which classification is desired,
8as provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c. Any establishment
9classified as manufacturing prior to January 1, 2024, is presumed to be engaged in
10manufacturing, as described in subs. (1), (2), and (3), and need not submit a request
11as provided in this paragraph.
AB245-ASA1,43,1712 (b) The department may at any time investigate or audit requests submitted
13under par. (a) and may revoke a classification. A revocation under this paragraph
14may not apply retroactively, but shall take effect on the first day of the
15establishment's taxable year following the year in which the department issues a
16revocation. An establishment that submits a request under par. (a) shall notify the
17department within 60 days of any termination of manufacturing activity.
AB245-ASA1,44,218 (c) On or before December 31 of the year in which a request is timely submitted
19under par. (a), the department shall issue a notice of determination responding to the
20timely request. The department may, in its sole discretion, issue a notice of
21determination by December 31 for requests received after July 1 of the year in which
22classification is desired. The notice shall be in writing and shall be sent by 1st class
23mail or electronic mail. In addition, the notice shall specify that objections to the
24decision shall be filed with the state board of assessors no later than 60 days after

1the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
2that the objection is not filed until the fee is paid.
AB245-ASA1,44,83 (d) For purposes of this subsection, an objection is considered timely filed if
4received by the state board of assessors no later than 60 days after the date of the
5notice or sent to the state board of assessors by U.S. postal service certified mail in
6a properly addressed envelope, with postage paid, that is postmarked before
7midnight of the last day for filing. Neither the board nor the tax appeals commission
8may waive the requirement that objections be in writing.
AB245-ASA1,44,129 (e) The state board of assessors shall investigate any objection timely filed
10under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
11person objecting or the person's agent of its determination by 1st class mail or
12electronic mail.
AB245-ASA1,44,1813 (f) If a determination of the state board of assessors under par. (e) results in an
14establishment not being classified as manufacturing, the person having been
15notified of the determination shall be deemed to have accepted the determination
16unless the person files a petition for review with the clerk of the tax appeals
17commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
18commission.
AB245-ASA1,93 19Section 93 . 70.995 (7) (b) of the statutes is amended to read:
AB245-ASA1,44,2320 70.995 (7) (b) Each 5 years, or more frequently if the department of revenue's
21workload permits and if in the department's judgment it is desirable, the department
22of revenue shall complete a field investigation or on-site appraisal at full value under
23ss. s. 70.32 (1) and 70.34 of all manufacturing real property in this state.
AB245-ASA1,94 24Section 94 . 70.995 (8) (b) 1. of the statutes is amended to read:
AB245-ASA1,45,19
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-ASA1,95 20Section 95 . 70.995 (12) (a) of the statutes is amended to read:
AB245-ASA1,46,1821 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-ASA1,96 19Section 96. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
AB245-ASA1,47,220 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-ASA1,97 3Section 97 . 71.07 (5n) (a) 5. d. of the statutes is repealed.
AB245-ASA1,98 4Section 98 . 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245-ASA1,47,65 71.07 (5n) (a) 9. (intro.) “Qualified production property" means either any of
6the following:
AB245-ASA1,99 7Section 99 . 71.07 (5n) (a) 9. a. of the statutes is amended to read:
AB245-ASA1,47,148 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-ASA1,100 15Section 100 . 71.07 (5n) (a) 9. c. of the statutes is created to read:
AB245-ASA1,47,2516 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-ASA1,101
1Section 101. 71.07 (5n) (d) 2. of the statutes is amended to read:
AB245-ASA1,48,102 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-ASA1,102 11Section 102. 71.07 (6e) (a) 5. of the statutes is amended to read:
AB245-ASA1,49,312 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-ASA1,103 4Section 103. 71.07 (9) (a) 3. of the statutes is amended to read:
AB245-ASA1,49,195 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-ASA1,104 20Section 104 . 71.17 (2) of the statutes is amended to read:
AB245-ASA1,50,321 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-ASA1,105 4Section 105. 71.28 (5n) (a) 5. a. of the statutes is amended to read:
AB245-ASA1,50,125 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-ASA1,106 13Section 106 . 71.28 (5n) (a) 5. d. of the statutes is repealed.
AB245-ASA1,107 14Section 107 . 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245-ASA1,50,1615 71.28 (5n) (a) 9. (intro.) “Qualified production property" means either any of
16the following:
AB245-ASA1,108 17Section 108 . 71.28 (5n) (a) 9. a. of the statutes is amended to read:
AB245-ASA1,50,2418 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-ASA1,109 25Section 109 . 71.28 (5n) (a) 9. c. of the statutes is created to read:
AB245-ASA1,51,10
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-ASA1,110 11Section 110. 71.28 (5n) (d) 2. of the statutes is amended to read:
AB245-ASA1,51,2012 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-ASA1,111 21Section 111. 71.52 (7) of the statutes is amended to read:
AB245-ASA1,53,1922 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-ASA1,112 20Section 112. 73.01 (5) (a) of the statutes is amended to read:
AB245-ASA1,55,521 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-ASA1,113 6Section 113. 73.03 (77) of the statutes is created to read:
AB245-ASA1,55,97 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.
Loading...
Loading...