AB1048,11,11
270.19 Assessment, how made; liability and rights of representative. (1) 3When For assessments made before January 1, 2022, when personal property is
4assessed under s. 70.18 (1) to a person in charge or possession of the personal
5property other than the owner, the assessment of that personal property shall be
6entered upon the assessment roll separately from the assessment of that person's
7own personal property, adding to the person's name upon the tax roll words briefly
8indicating that the assessment is made to the person as the person in charge or
9possession of the property. The failure to enter the assessment separately or to
10indicate the representative capacity or other relationship of the person assessed
11shall not affect the validity of the assessment.
AB1048,12,2
12(2) The For assessments made before January 1, 2022, the person assessed
13under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The
14person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against
15the owner of the property for the amount of the taxes; has a lien for that amount upon
16the property with the rights and remedies for the preservation and enforcement of
17that lien as provided in ss. 779.45 and 779.48; and is entitled to retain possession of
18the property until the owner of the property pays the tax on the property or
19reimburses the person assessed for the tax. The lien and right of possession relate
20back and exist from the time that the assessment is made, but may be released and
21discharged by giving to the person assessed such undertaking or other indemnity as
22the person accepts or by giving the person assessed a bond in the amount and with
23the sureties as is directed and approved by the circuit court of the county in which
24the property is assessed, upon 8 days' notice to the person assessed. The bond shall
1be conditioned to hold the person assessed free and harmless from all costs, expense,
2liability
, or damage by reason of the assessment.
AB1048,31
3Section 31
. 70.20 of the statutes is amended to read:
AB1048,12,17
470.20 Owner's liability when personalty assessed to another; action to
5collect. (1) When For assessments made before January 1, 2022, when personal
6property shall be assessed to some person in charge or possession thereof, other than
7the owner, such owner as well as the person so in charge or possession shall be liable
8for the taxes levied pursuant to such assessment; and the liability of such owner may
9be enforced in a personal action as for a debt. Such action may be brought in the name
10of the town, city or village in which such assessment was made, if commenced before
11the time fixed by law for the return of delinquent taxes, by direction of the treasurer
12or tax collector of such town, city or village. If commenced after such a return, it shall
13be brought in the name of the county or other municipality to the treasurer or other
14officer of which such return shall be made, by direction of such treasurer or other
15officer. Such action may be brought in any court of this state having jurisdiction of
16the amount involved and in which jurisdiction may be obtained of the person of such
17owner or by attachment of the property of such owner.
AB1048,13,2
18(2) The For assessments made before January 1, 2022, the remedy of
19attachment may be allowed in such action upon filing an affidavit of the officer by
20whose direction such action shall be brought, showing the assessment of such
21property in the assessment district, the amount of tax levied pursuant thereto, that
22the defendant was the owner of such property at the time as of which the assessment
23thereof was made, and that such tax remains unpaid in whole or in part, and the
24amount remaining unpaid. The proceedings in such actions and for enforcement of
25the judgment obtained therein shall be the same as in ordinary actions for debt as
1near as may be, but no property shall be exempt from attachment or execution issued
2upon a judgment against the defendant in such action.
AB1048,13,13
3(3) The For assessments made before January 1, 2022 and taxes levied before
4January 1, 2022, the assessment and tax rolls in which such assessment and tax
5shall be entered shall be prima facie evidence of such assessment and tax and of the
6justice and regularity thereof; and the same, with proof of the ownership of such
7property by the defendant at the time as of which the assessment was made and of
8the nonpayment of such tax, shall be sufficient to establish the liability of the
9defendant. Such liability shall not be affected and such action shall not be defeated
10by any omission or irregularity in the assessment or tax proceedings not affecting the
11substantial justice and equity of the tax. The provisions of this section shall not
12impair or affect the remedies given by other provisions of law for the collection or
13enforcement of such tax against the person to whom the property was assessed.
AB1048,32
14Section 32
. 70.21 (1) of the statutes is amended to read:
AB1048,13,1915
70.21
(1) Except For assessments made before January 1, 2022, except as
16provided in sub. (2), the personal property of a partnership may be assessed in the
17names of the persons composing the partnership, so far as known or in the firm name
18or title under which the partnership business is conducted, and each partner shall
19be liable for the taxes levied on the partnership's personal property.
AB1048,33
20Section 33
. 70.21 (1m) (intro.) of the statutes is amended to read:
AB1048,13,2321
70.21
(1m) (intro.)
Undistributed
For assessments made before January 1,
222022, undistributed personal property belonging to the estate of a decedent shall be
23assessed as follows:
AB1048,34
24Section 34
. 70.21 (2) of the statutes is amended to read:
AB1048,14,4
170.21
(2) The For assessments made before January 1, 2022, the personal
2property of a limited liability partnership shall be assessed in the name of the
3partnership, and each partner shall be liable for the taxes levied thereon only to the
4extent permitted under s. 178.0306.
AB1048,35
5Section 35
. 70.22 (1) of the statutes is amended to read:
AB1048,14,176
70.22
(1) In For assessments made before January 1, 2022, in case one or more
7of 2 or more personal representatives or trustees of the estate of a decedent who died
8domiciled in this state are not residents of the state, the taxable personal property
9belonging to the estate shall be assessed to the personal representatives or trustees
10residing in this state. In case there are 2 or more personal representatives or trustees
11of the same estate residing in this state, but in different taxation districts, the
12assessment of the taxable personal property belonging to the estate shall be in the
13names of all of the personal representatives or trustees of the estate residing in this
14state. In case no personal representative or trustee resides in this state, the taxable
15personal property belonging to the estate may be assessed in the name of the
16personal representative or trustee, or in the names of all of the personal
17representatives or trustees if there are more than one, or in the name of the estate.
AB1048,36
18Section 36
. 70.22 (2) (a) of the statutes is amended to read:
AB1048,14,2319
70.22
(2) (a)
The For taxes levied before January 1, 2022, the taxes imposed
20pursuant to an assessment under sub. (1) may be enforced as a claim against the
21estate, upon presentation of a claim for the taxes by the treasurer of the taxation
22district to the court in which the proceedings for the probate of the estate are
23pending. Upon due proof, the court shall allow and order the claim to be paid.
AB1048,37
24Section 37
. 70.29 of the statutes is amended to read:
AB1048,15,9
170.29 Personalty, how entered. The For assessments made before January
21, 2022, the assessor shall place in one distinct and continuous part of the assessment
3roll all the names of persons assessed for personal property, with a statement of such
4property in each village in the assessor's assessment district, and foot up the
5valuation thereof separately; otherwise the assessor shall arrange all names of
6persons assessed for personal property on the roll alphabetically so far as convenient.
7The assessor shall also place upon the assessment roll, in a separate column and
8opposite the name of each person assessed for personal property, the number of the
9school district in which such personal property is subject to taxation.
AB1048,38
10Section 38
. 70.30 (intro.) of the statutes is amended to read:
AB1048,15,16
1170.30 Aggregate values. (intro.)
Every For assessments made before
12January 1, 2022, every assessor shall ascertain and set down in separate columns
13prepared for that purpose on the assessment roll and opposite to the names of all
14persons assessed for personal property the number and value of the following named
15items of personal property assessed to such person, which shall constitute the
16assessed valuation of the several items of property therein described, to wit:
AB1048,39
17Section 39
. 70.34 of the statutes is amended to read:
AB1048,16,4
1870.34 Personalty. All For assessments made before January 1, 2022, all 19articles of personal property shall, as far as practicable, be valued by the assessor
20upon actual view at their true cash value; and after arriving at the total valuation
21of all articles of personal property which the assessor shall be able to discover as
22belonging to any person, if the assessor has reason to believe that such person has
23other personal property or any other thing of value liable to taxation, the assessor
24shall add to such aggregate valuation of personal property an amount which, in the
25assessor's judgment, will render such aggregate valuation a just and equitable
1valuation of all the personal property liable to taxation belonging to such person. In
2carrying out the duties imposed on the assessor by this section, the assessor shall act
3in the manner specified in the Wisconsin property assessment manual provided
4under s. 73.03 (2a).
AB1048,40
5Section 40
. 70.345 of the statutes is amended to read:
AB1048,16,13
670.345 Legislative intent; department of revenue to supply
7information. The For assessments made before January 1, 2022, the assessor shall
8exercise particular care so that personal property as a class on the assessment rolls
9bears the same relation to statutory value as real property as a class. To assist the
10assessor in determining the true relationship between real estate and personal
11property the department of revenue shall make available to local assessors
12information including figures indicating the relationship between personal property
13and real property on the last assessment rolls.
AB1048,41
14Section 41
. 70.35 (1) of the statutes is amended to read:
AB1048,16,2415
70.35
(1) To For assessments made before January 1, 2022, to determine the
16amount and value of any personal property for which any person, firm, or corporation
17should be assessed, any assessor may examine such person or the managing agent
18or officer of any firm or corporation under oath as to all such items of personal
19property, the taxable value thereof as defined in s. 70.34 if the property is taxable.
20In the alternative the assessor may require such person, firm, or corporation to
21submit a return of such personal property and of the taxable value thereof. There
22shall be annexed to such return the declaration of such person or of the managing
23agent or officer of such firm or corporation that the statements therein contained are
24true.
AB1048,42
25Section 42
. 70.35 (2) of the statutes is amended to read:
AB1048,17,11
170.35
(2) The For assessments made before January 1, 2022, the return shall
2be made and all the information therein requested given by such person on a form
3prescribed by the assessor with the approval of the department of revenue which
4shall provide suitable schedules for such information bearing on value as the
5department deems necessary to enable the assessor to determine the true cash value
6of the taxable personal property that is owned or in the possession of such person on
7January 1 as provided in s. 70.10. The return may contain methods of deriving
8assessable values from book values and for the conversion of book values to present
9values, and a statement as to the accounting method used. No person shall be
10required to take detailed physical inventory for the purpose of making the return
11required by this section.
AB1048,43
12Section 43
. 70.35 (3) of the statutes is amended to read: