Tax 2.65(3)(f)(f) Joint and several liability. Under s. 71.255 (1) (n), Stats., the members of a combined group shall be jointly and severally liable for the combined tax, penalty, and interest attributable to the combined unitary income, net of any loss carryforwards and credits applied. This paragraph does not apply to any tax, interest, or penalty attributable to separate entity items. Although the department may send correspondence, notices, refunds, assessments, or other documents relating to any combined group member’s separate entity items to the designated agent, and the designated agent may choose to pay any tax, interest, or penalty on behalf of a combined group member, the tax, interest, or penalty attributable to separate entity items is ultimately the responsibility of the combined group member or members to which the separate entity items are attributable. Tax 2.65(3)(g)(g) Confidentiality provisions. The designated agent is an agent under s. 71.78 (4) (e), Stats. Therefore, the department may provide information relating to any member of the combined group to the designated agent, including information relating to the member’s separate entity items. Tax 2.65 NoteNote: This section interprets s. 71.255 (7), Stats. Tax 2.65 HistoryHistory: EmR1001: emerg. cr. eff. 1-15-10; CR 09-064: cr. Register April 2010 No. 652, eff. 5-1-10; CR 12-011: am. (3) (c) Register July 2012 No. 670, eff. 8-1-12. Tax 2.65 AnnotationCross References: See s. Tax 2.60 for definitions that relate to this section. See s. Tax 2.66 for more information on combined estimated tax requirements. See s. Tax 2.67 for more information on combined returns.
Tax 2.66Tax 2.66 Combined estimated tax payments. Tax 2.66(1)(1) Scope. In general, s. 71.255 (7) (b) 5., Stats., provides that only the designated agent of a combined group may make estimated tax payments applicable to a combined return. This section provides exceptions to the general rule, explains the estimated tax requirements, and provides rules for applying estimated payments and overpayments. Tax 2.66(2)(a)(a) When separate estimated payments are allowed. Although the designated agent is always authorized to make estimated payments on behalf of any and all of its combined group members, a combined group member other than the designated agent may make estimated payments on its own behalf if any of the following apply: Tax 2.66(2)(a)1.1. For the first taxable year for which a combined group files a combined return, any member of the group may make estimated payments on its own behalf. Tax 2.66(2)(a)2.2. For the first taxable year for which a corporation is a member of a combined group, that corporation may make estimated payments on its own behalf. Tax 2.66(2)(a)3.3. Any combined group member may make estimated payments on its own behalf to the extent those payments relate to separate entity items. Tax 2.66(2)(b)(b) Reporting of separate estimated payments. If a combined group member other than the designated agent makes separate estimated payments and applies those payments to the combined return, the designated agent shall notify the department of those payments on a department-prescribed form filed with the combined return. This notification authorizes the department to apply the separate estimated payments to the combined return. Tax 2.66(3)(3) Determination of required estimated payments. Tax 2.66(3)(a)(a) General. If a combined return is filed, the amount of any addition to tax under s. 71.84 (2), Stats., shall be computed as if the combined group were one corporation. “Tax shown on the return” and “tax for the taxable year” as defined in s. 71.29 (1) (b), Stats., have the same meaning with respect to a combined return as to a separate return. Tax 2.66(3)(b)(b) Computation of thresholds. Since, as provided in par. (a), “tax shown on the return” has the same meaning with respect to a combined return as to a separate return, the amounts of the following thresholds are the same regardless of the number of combined group members included in the combined return: Tax 2.66(3)(b)1.1. Section 71.29 (7), Stats., which provides that no interest on underpayment is required if the tax shown on the return for the taxable year is less than $500. Tax 2.66(3)(b)2.2. Section 71.29 (9), Stats., which provides that for corporations that have Wisconsin net incomes of less than $250,000 and whose preceding taxable year was a 12-month taxable year, estimated payments may be based on the lesser of 90 percent of tax shown on the return for the current taxable year or the tax shown on the return for the preceding year. Tax 2.66(3)(c)(c) Effect of separate entity items. The amount of net income and tax shown on a combined return includes net income and tax attributable to separate entity items. If the combined return includes separate entity items of a corporation that would otherwise be a combined group member except that it has no items that are subject to combination under the water’s edge rules of s. Tax 2.61 (4), the corporation is considered a combined group member for purposes of determining required estimated payments. Tax 2.66 NoteExample: Combined Group AB consists of Member A and Member B. Group AB filed a combined return for calendar year 2010. The 2010 return includes $30,000 of net tax attributable to Member A’s items and $20,000 attributable to Member B’s items, including $5,000 attributable to B’s separate entity items. The 2010 combined return also includes $10,000 of net tax from the separate entity items of Corporation C, which would be a combined group member except that none of its items are subject to combination under the water’s edge rules. If Group AB is not eligible to base its estimated taxes on its 2009 net tax under the provisions of par. (b), Group AB’s required estimated tax payments for purposes of its 2010 combined return are $54,000 (= ($30,000 + $20,000 + $10,000) x 90%).
Tax 2.66(3)(d)(d) Annualized income installment method. For purposes of the annualized income installment method provided in s. 71.29 (9) (c) and (10) (c), Stats., the previous year’s apportionment percentage for a combined group equals the sum of the combined group members’ modified sales factor numerators as determined under s. Tax 2.61 (7) (a) for the combined group’s preceding taxable year, divided by the combined group’s modified sales factor denominator as determined under s. Tax 2.61 (7) (b) for the combined group’s preceding taxable year. Tax 2.66(3)(e)(e) Change in membership. For purposes of applying par. (a) and except as provided in par. (f), the combined group’s “tax shown on the return” for the current taxable year or the preceding taxable year is the tax shown on the combined return for the applicable year, without regard to corporations that have joined or left the group. Tax 2.66 NoteExample: Group JK files a combined return for the calendar year 2009. During 2010, Member J acquires L and L becomes a member of the combined group. If the group qualifies to determine its estimated tax obligations for 2010 based on its preceding year’s tax liability, its preceding year’s tax liability only includes the tax shown on Group JK’s 2009 combined return; it does not include any tax liability from L’s 2009 separate return.
Tax 2.66(3)(f)(f) First combined return year. The following rules apply to the computation of required estimated payments for the first year that a combined group files a combined return: Tax 2.66(3)(f)1.1. If the total of the combined group’s Wisconsin net income reported on the combined return is less than $250,000, the required estimated payments may be based on the sum of the members’ tax shown on their Wisconsin returns for the preceding year as provided by s. 71.29 (9) (a) 2., Stats., but only if all combined group members filed a Wisconsin return which covered a full 12 months in the preceding taxable year. If a member was included in the combined return of another combined group in the preceding taxable year, its tax shown on the return for that year is the tax attributable to the sum of its share of combined unitary income and income from separate entity items reported on that return. Tax 2.66(3)(f)2.2. If one or more combined group members did not file a Wisconsin return which covered 12 months in the preceding taxable year, the combined group shall base its required estimated payments on 90 percent of the tax shown on the combined return as provided under s. 71.29 (9) (a) 1. or (10) (b), Stats., as applicable. Tax 2.66(3)(f)3.3. The previous year’s apportionment percentage for purposes of the annualized income installment method equals the sum of the current combined group members’ apportionment factor numerators from their returns for the preceding taxable year, divided by the sum of the apportionment factor denominators from their returns for the preceding taxable year. If a member was included in the combined return of another combined group in the preceding taxable year, its apportionment percentage for this purpose is its modified sales factor numerator for that taxable year as determined under s. Tax 2.61 (7) (a), divided by its separate company denominator for that taxable year as determined under s. Tax 2.61 (7) (b). Tax 2.66(3)(f)4.4. For purposes of subds. 1. to 3., if a combined group member has a taxable year different than the combined group’s taxable year, the member’s preceding taxable year is its taxable year most recently ended before the first day of the combined group’s taxable year. Tax 2.66(4)(4) Rules for applying estimated payments and overpayments. Tax 2.66(4)(a)(a) Separate returns filed in year following combined return year. If a combined group terminates and the former members properly file separate returns in the subsequent year, any combined estimated payments made for that year shall be credited against the separate tax liabilities of the former members of the combined group in the manner allocated by the designated agent. The designated agent shall notify the department of the manner in which the payments are to be allocated. The designated agent may make this notification in correspondence to the department unless the department prescribes a specific form for this purpose, in which case the prescribed form shall be used. In either case, the notification shall be submitted to the department separately from any return. Tax 2.66(4)(b)(b) Combined estimated payments but no combined return. If combined estimated payments are made for a taxable year but no combined return is filed for that year or for the previous year, the estimated payment shall only be credited to the corporation that made the payment. Tax 2.66(4)(c)1.1. If a combined group member has a credit for an overpayment of taxes from a prior taxable year when it was not a combined group member, the member may, through its designated agent, authorize the department to apply some or all of the credit against the total tax liability reported on the combined return. To carry out this authorization, the designated agent shall file a department-prescribed form with the combined return to notify the department of the amount to be applied. Alternatively, the member may file a claim for refund of the overpayment, in which case the overpayment shall be refunded to that member. Tax 2.66(4)(c)2.2. If a corporation leaves a combined group that has an overpayment of taxes carried over from a prior combined return year, the designated agent may allocate a portion of that overpayment to the former member. The designated agent shall notify the department of the amount to be allocated to the former member. The designated agent may make this notification in correspondence to the department unless the department prescribes a specific form for this purpose, in which case the prescribed form shall be used. In either case, the notification shall be submitted to the department separately from any return. Tax 2.66(4)(d)(d) Erroneous combined estimated payments. If a designated agent makes estimated payments on the erroneous premise that a corporation is an eligible member of the combined group, and discovers the error prior to the time the combined group and the corporation file their respective returns, the designated agent may allocate some or all of the combined estimated payments to the corporation. The designated agent shall notify the department of the amount to be allocated. The designated agent may make this notification in correspondence to the department unless the department prescribes a specific form for this purpose, in which case the prescribed form shall be used. In either case, the notification shall be submitted to the department separately from any return. The combined group and the corporation shall each compute their addition to tax under s. 71.84 (2), Stats., as if the estimated payments allocated to the corporation had actually been paid by it rather than by the combined group. Tax 2.66(4)(e)(e) Erroneous separate estimated payments. If a corporation makes separate estimated payments on the erroneous premise that it is not a combined group member, the following rules apply: Tax 2.66(4)(e)1.1. If the corporation discovers the error prior to the time the designated agent files the combined return for the taxable year, and the corporation has not filed a separate return for the period that should have been included in that combined return or otherwise received a refund of the separate estimated payments, the corporation may apply the separate estimated payments to the combined return. The designated agent shall report the separate estimated payments in the manner described in sub. (2) (b). Tax 2.66(4)(e)2.2. If the corporation discovers the error prior to the time the designated agent files the combined return for the taxable year, but the corporation has already filed a separate return for the period that should have been included in the combined return, the corporation shall file an amended separate return showing no net income, overpayment, or underpayment, and stating that the corporation will join in the filing of a combined return and identifying the designated agent of the combined group. Unless the corporation specifies otherwise on the amended return, the department will not refund the erroneously paid amounts. When the designated agent files the combined return including that corporation, the corporation may apply the separate estimated payments to the combined return unless the corporation specified otherwise on its amended return or has otherwise received a refund of the separate estimated payments. The designated agent shall report the separate estimated payments so applied in the manner described in sub. (2) (b). Tax 2.66(4)(e)3.3. If the corporation discovers the error after the designated agent has filed the combined return for the taxable year, but the corporation has not filed a separate return or otherwise received a refund of the separate estimated payments, the designated agent shall file an amended combined return and apply the corporation’s separate estimated payments to the amount due on the amended combined return. The designated agent shall report the separate estimated payments so applied in the manner described in sub. (2) (b). Tax 2.66(4)(e)4.4. If the corporation discovers the error after the designated agent has filed the combined return for the taxable year and after the corporation has already filed a separate return for the period that should have been included in the combined return, the corporation shall file an amended separate return and the combined group shall file an amended combined return. The provisions of subd. 2. apply with respect to the amended separate return. The corporation may apply the separate estimated payments to the amended combined return unless the corporation specified otherwise on its amended return or has otherwise received a refund of the separate estimated payments. The designated agent shall report the separate estimated payments so applied in the manner described in sub. (2) (b). Tax 2.66 NoteNote: If an allocation described in sub. (4) (a), (c) 2., or (d) is necessary and the department has not prescribed a form to use to notify the department of the allocation, send correspondence notifying the department of the allocation to: Corporation Processing Unit, Wisconsin Department of Revenue, P.O. Box 8908, Madison, WI 53708-8908.
Tax 2.66 HistoryHistory: EmR1001: emerg. cr. eff. 1-15-10; CR 09-064: cr. Register April 2010 No. 652, eff. 5-1-10; CR 22-044: renum. (2) (c) 4. to (2) (c) 4. (intro.) and am., cr. (2) (c) 4. a. to d. Register June 2023 No. 810, eff.7-1-23. Tax 2.66 AnnotationCross References: See s. Tax 2.60 for definitions that relate to this section. See s. Tax 2.65 for more information on the duties of the designated agent. See s. Tax 2.67 for more information on combined returns.
Tax 2.67(1)(1) Scope. This section provides rules relating to the filing of combined returns by corporations required to use combined reporting under s. 71.255, Stats. This section explains the filing requirements for combined returns, provides rules relating to defining the taxable year included in a combined return, and describes how interest, penalties, and statutes of limitations apply to combined returns. Tax 2.67(2)(2) Filing requirements for combined returns. Tax 2.67(2)(a)(a) General. The designated agent of a combined group shall file a combined return on behalf of the group. For each combined group member included in the combined return, the combined return satisfies the member’s requirement for filing returns under ss. 71.24 (1) or (1m) or 71.44 (1) or (1m), Stats., as applicable. The combined return shall be filed by the date provided in ss. 71.24 (1), (1m), and (7) or 71.44 (1), (1m), and (3), Stats., as applicable. Tax 2.67(2)(b)(b) Electronic filing. All combined returns shall be filed electronically. The secretary of revenue may waive the requirement to file a combined return electronically when the secretary determines that the requirement causes an undue hardship, if the person requests the waiver in writing and clearly indicates why the requirement causes an undue hardship. In determining whether the electronic filing requirement causes an undue hardship, the secretary of revenue may consider the following factors: Tax 2.67(2)(b)1.1. Unusual circumstances that may prevent the person from filing electronically. Tax 2.67 NoteExample: The person does not have access to a computer that is connected to the Internet.
Tax 2.67 NoteNote: Written requests should be e-mailed to DORWaiverRequest@wisconsin.gov, faxed to (608) 267-1030, or addressed to Mandate Waiver Request, Wisconsin Department of Revenue, Mail Stop 5-77, P.O. Box 8949, Madison, WI 53708-8949. Tax 2.67 NoteNote: Forms not filed electronically may be delivered in person to the Department of Revenue at 2135 Rimrock Road, Madison, Wisconsin or mailed to the address specified on the form or in the instructions.
Tax 2.67(2)(c)(c) Components of combined return. A combined return shall include the following items, and shall be considered incomplete if any of these items are excluded: Tax 2.67(2)(c)1.1. One Wisconsin Form 6, Income or Franchise Tax Return, for the combined group as a whole. Tax 2.67(2)(c)4.4. If the combined group is using apportionment, one of the following forms, per member as applicable: Tax 2.67(2)(c)4.a.a. Schedule A-01, Wisconsin Single Sales Factor Apportionment Data for Nonspecialized Industries. Tax 2.67(2)(c)4.b.b. Schedule A-02, Wisconsin Apportionment Percentage for Interstate Financial Institutions. Tax 2.67(2)(c)4.c.c. Schedule A-03, Wisconsin Apportionment Percentage for Interstate Motor Carriers. Tax 2.67(2)(c)4.d.d. Schedule A-04, Wisconsin Apportionment Percentage for Interstate Telecommunications Companies. Tax 2.67(2)(c)4.f.f. Schedule A-06, Wisconsin Receipts Factor for Interstate Brokers-Dealers, Investment Advisors, Investment Companies, and Underwriters. Tax 2.67(2)(c)4.g.g. Schedule A-07, Wisconsin Apportionment Percentage for Interstate Air Carriers. Tax 2.67(2)(c)4.i.i. Schedule A-09, Wisconsin Apportionment Percentage for Interstate Railroads. Tax 2.67(2)(c)4.j.j. Schedule A-10, Wisconsin Apportionment Percentage for Interstate Pipeline Companies. Tax 2.67(2)(c)4.k.k. Schedule A-11, Wisconsin Apportionment Percentage for Interstate Air Freight Forwarders Affiliated with a Direct Air Carrier. Tax 2.67(2)(c)5.5. Any other required supporting forms and schedules listed in s. Tax 2.03, as applicable. Unless stated otherwise in the instructions, supporting forms and schedules shall be prepared separately for each combined group member. Tax 2.67(2)(c)6.6. A copy of the complete federal return for each combined group member, including all supporting schedules and any amended returns, for the member’s taxable year included in the combined return. For combined group members that also file in a federal consolidated return, any of the following alternatives shall be considered to satisfy this requirement: Tax 2.67(2)(c)6.a.a. A copy of the federal consolidated return, including all supporting forms, schedules, and statements for each corporation included in the consolidated return, as submitted to the internal revenue service. Tax 2.67(2)(c)6.b.b. Pro forma federal returns prepared separately for each combined group member, including all supporting forms and schedules prepared separately for each combined group member. Tax 2.67(2)(c)6.c.c. A spreadsheet showing the line-by-line computation of taxable income of each combined group member included in the federal consolidated return, including consolidating adjustments, plus the supporting forms, schedules, and statements filed with the internal revenue service pertaining to each member. The supporting statements shall include balance sheets as of the beginning and end of the tax year, a reconciliation of income per books with income per return, and a reconciliation of retained earnings, to the extent the member was required to submit these items to the internal revenue service. Tax 2.67(2)(c)7.7. For combined groups that also file in a federal consolidated return, a copy of federal Form 851, Affiliations Schedule. Tax 2.67(2)(d)1.1. Subject to the provisions of s. Tax 2.65 (3) (b), if any combined group member has separate entity items, the designated agent shall include those separate entity items in the combined return. If a corporation that would otherwise be a combined group member has no items that are subject to combination under the water’s edge rules of s. Tax 2.61 (4), the designated agent may include that corporation’s separate entity items in the combined return, in which case the combined return shall include the items specified in sub. (2) (c) 5. and 6. and subd. 3. for that corporation as if it is a combined group member. Alternatively, the corporation may file a separate Wisconsin return to report those items. Tax 2.67(2)(d)2.2. The joint and several liability provisions of s. Tax 2.65 (3) (f) do not apply to any tax, interest, or penalty attributable to separate entity items. Although the department may send correspondence, notices, refunds, assessments, or other documents relating to any combined group member’s separate entity items to the designated agent, and the designated agent may choose to pay any tax, interest, or penalty on behalf of a combined group member, the tax, interest, or penalty attributable to separate entity items is ultimately the responsibility of the combined group member or members to which the separate entity items are attributable. Tax 2.67(2)(d)3.3. The separate entity net income or loss and apportionment factors included in the combined return shall be reported on Wisconsin Form N, Nonapportionable and Separately Apportioned Income. The designated agent shall complete and submit Form N with the combined return for each applicable corporation and carry forward the total Form N amounts to the appropriate line on Form 6. For purposes of the requirement of s. 71.255 (2) (d), Stats., separate entity items reported on Form N shall be considered filed on a separate return. However, for purposes of determining a combined group member’s net income, tax, interest, underpayment interest, economic development surcharge, and the statute of limitations, the separate entity amounts shall be added to its amounts, if any, computed in the unitary combination. Tax 2.67(2)(d)4.4. If a corporation is a member of more than one combined group at the same time, the corporation shall include its separate entity items, if any, in the combined return of only one group. Tax 2.67(2)(e)(e) Amended returns. If a corporation erroneously fails to join in the filing of a combined return, the designated agent shall file an amended combined return adding the corporation and, if a separate return was filed by the corporation, the corporation shall file an amended separate return showing no net income, overpayment, or underpayment, and stating that the corporation has joined in the filing of a combined return and identifying the designated agent of the combined group in which the corporation has been included. Tax 2.67(3)(3) Taxable year of combined return. The taxable year included in a combined return is the combined group’s taxable year as determined in s. 71.255 (8), Stats. For purposes of determining the taxable year and the items includable in the combined group’s taxable year, the following rules apply: Tax 2.67(3)(a)(a) Combined group’s taxable year. If two or more members of the combined group file in a federal consolidated return, the combined group’s taxable year is the taxable year of that federal consolidated return. If no federal consolidated return applies or there is more than one federal consolidated return, the combined group’s taxable year is the taxable year of the designated agent. In any case, s. Tax 2.65 (2) (a) requires that the designated agent’s taxable year shall be the same as the combined group’s taxable year. Tax 2.67(3)(b)(b) Methods for members with differing taxable years. If the taxable year of a combined group member differs from the taxable year of the combined group, the designated agent shall include that member’s net income or loss and apportionment factors in the combined return by using one of the following methods: Tax 2.67(3)(b)1.1. Preparing a separate income statement from the member’s books and records for the months included in the combined group’s taxable year and using that income statement to determine the amounts includable in the combined return. Tax 2.67(3)(b)2.2. Using the net income or loss for the member’s taxable year that ends during the combined group’s taxable year to determine the amounts includable in the combined return. Tax 2.67(3)(c)(c) Election of method. If the designated agent converts a combined group member’s taxable year to the combined group’s taxable year as described in par. (b) 1. or 2., it shall use the same method for each combined group member subject to the election. Once the designated agent files the first combined return including a member whose taxable year is properly converted, the designated agent may not file an amended return to change the election, except that if the original return was not filed under extension, the designated agent may file an amended return to change the election on or before the end of the automatic seven-month extension period provided in ss. 71.24 (7) or 71.44 (3), Stats., as applicable. The designated agent shall use the same method in each subsequent taxable year unless it obtains written approval from the department to use the other method. Tax 2.67 NoteNote: Send written requests for approval to change the election to: Audit Bureau, Wisconsin Department of Revenue, P.O. Box 8906, Madison, WI 53708-8906.
Tax 2.67(3)(d)(d) Part-year members. If, during a combined group’s taxable year, a corporation ceases to be a member of the combined group or a new corporation becomes a member, the designated agent shall include that corporation’s items attributable to the portion of the taxable year that the corporation was a member in the combined return covering the combined group’s entire taxable year. For the portion of the taxable year when the corporation was not a member of the combined group, the corporation shall file a separate return or file in the combined return of another combined group, as applicable. Tax 2.67(4)(4) Interest, penalties, and statutes of limitations.
