Tax 4.55Tax 4.55 Ownership and name changes. Tax 4.55(1)(1) General. Under ss. 78.10 (6), 78.48 (6) and 78.57 (6), Stats., a fuel tax license is not transferable to another person or to another place of business. This section clarifies when a change in ownership or name of a business requires a new fuel tax license. Tax 4.55(2)(a)(a) When there is a change in ownership of a business, the new owner shall apply for a new license using form MF-100, except as provided in par. (c). The new owner shall notify the department no later than 10 days prior to the change. Security may be required as provided in s. Tax 4.54. Tax 4.55 NoteNote: Form MF-100 is available on the department’s web site at www.revenue.wi.gov. Tax 4.55(2)(b)(b) A new license shall be obtained when there is a change in the type of ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c). Tax 4.55 NoteExamples: A new license is required if: 1) A sole proprietorship or partnership incorporates.
Tax 4.55 Note2) A sole proprietorship is sold to a different sole proprietor.
Tax 4.55 Note3) A sole proprietorship becomes a partnership.
Tax 4.55 Note4) A partner in a partnership leaves the partnership or a partner is added to the partnership.
Tax 4.55 Note5) The federal employer identification number of a business changes.
Tax 4.55(2)(c)(c) A change in the ownership of a corporation does not require a new license unless either of the following occurs: Tax 4.55(2)(c)1.1. A corporation is merged with another corporation, the merged corporation ceases to exist, and the surviving corporation does not have a valid license. Tax 4.55(2)(c)2.2. The federal employer identification number of a corporation changes. Tax 4.55(3)(a)(a) A licensee shall notify the department of a name change at least 10 days prior to the change and the licensee shall retain the same license number. Tax 4.55(3)(b)(b) A rider, verifying the name change, such as one filed by a licensee’s insurance company at the request of the licensee, shall be submitted to the department. If no security is on file or a rider is not filed with the department, new security shall be deposited under the new name, as required under s. Tax 4.54, and any old security shall be returned to the licensee. Tax 4.55 HistoryHistory: Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (2) (b), eff. 4-1-94; am. (2) (b), Register, November, 1994, No. 467, eff. 12-1-94. Tax 4.65Tax 4.65 Motor vehicle fuel tax refunds to vendors and tax deductions for suppliers. Tax 4.65(1)(1) Scope. This section applies to suppliers required to be licensed by the department, wholesaler distributors and retail dealers who sell motor vehicle fuel to customers for exempt purposes on which the tax was paid. Registered vendors may file refund claims with the department. Suppliers may claim deductions on their monthly reports. The claim for refund and the deduction claimed may be investigated by the department and adjusted within 4 years after the date of filing. Tax 4.65(2)(2) Statutes. Under s. 78.01 (2r), Stats., the ultimate consumer who purchases fuel for an exempt purpose shall assign his or her claim for a refund or deduction on the tax paid on undyed diesel fuel and gasoline to the person from whom the ultimate consumer purchased the fuel. Tax 4.65(3)(a)(a) Vendors, other than suppliers licensed with the department, shall register with the department, using form MF-112, to expedite the processing of a tax refund claim. Tax 4.65(3)(b)(b) Persons making exempt sales shall prepare and provide the customer with a sales invoice. A properly prepared legible invoice shall include the following information: