ATCP 99.126(2)(c)(c) A contributing grain dealer who reports at least $3 million in grain payments under s. 126.11 (9) (a), Stats., shall pay a basic assessment equal to the greater of the following amounts:

ATCP 99.126(2)(c)2.2. If the fund balance attributable to grain dealers is less than $6 million on May 31 of the last preceding license year, then the sum of the amounts calculated under s. 126.15 (1) (a) and (b), Stats.

ATCP 99.126(3)(3) Deferred payment assessment. A contributing grain dealer shall pay a deferred payment assessment equal to the amount the grain dealer reports under s. 126.11 (9) (b), Stats., in the grain dealer’s license application for that license year multiplied by rates determined as follows:

ATCP 99.126(3)(a)(a) If the fund balance attributable to grain dealers is greater than $6 million on May 31, the rate is 0.000875 for deferred payment contracts entered into anytime during the following license year.

ATCP 99.126(3)(b)(b) If the fund balance attributable to grain dealers is not more than $6 million on May 31, the rate is 0.0035 for deferred payment contracts entered into anytime during the following license year.

ATCP 99.126(4)(4) Reduced assessment. A contributing grain dealer’s annual fund assessment under sub. (1) is reduced by the following applicable amounts:

ATCP 99.126(4)(a)(a) The amount calculated under s. 126.15 (6m), Stats., if the contributing grain dealer files security under s. 126.16 (1) (c), Stats.

ATCP 99.126(4)(b)(b) The amount of any refund that applies under s. ATCP 99.13. The refund shall be paid as a credit against the contributing grain dealer’s annual fund assessment for the next license year, as provided in s. ATCP 99.13 (3).

ATCP 99.126(4)(c)(c) The amount of any assessment reduction that applies under s. ATCP 99.135.

ATCP 99.126(5)(5) Exemption. A contributing grain dealer is not required to pay any fund assessment under this section for a license year, other than a deferred payment assessment required under sub. (3), if all of the following apply.

ATCP 99.126(5)(a)(a) The grain dealer was classified as a contributing grain dealer in each of the 5 license years immediately preceding that license year.

ATCP 99.126(5)(b)(b) The fund balance attributable to grain dealers was at least $3 million on May 31 of the last preceding license year.

ATCP 99.126(5)(c)(c) The overall fund balance was at least $11 million on May 31 of the last preceding license year.

ATCP 99.126 HistoryHistory: CR 07-073: cr. Register December 2008 No. 636, eff. 1-1-09; EmR1803: emerg. am. (2) (a) 2., (b) 2., (c) 2., r. and recr. (3), eff. 2-1-2018; CR 17-047: am. (2) (a) 2., (b) 2., (c) 2., r. and recr. (3) Register November 2019 No. 767, eff. 12-1-19.

ATCP 99.13(1)(1) Partial refund of assessment. The department may refund part of an annual fund assessment paid by a contributing grain dealer under s. 126.15, Stats., if all of the following apply:

ATCP 99.13(1)(a)(a) The grain dealer paid the full amount of the assessment, including any late payment penalties that apply under s. 126.15 (7) (d), Stats.

ATCP 99.13(1)(b)(b) The grain dealer is the surviving entity in a merger under s. 179.77, 180.1101, 183.1201 or 185.61, Stats., or has acquired property pursuant to a sale of assets under s. 180.1202, Stats.

ATCP 99.13(1)(c)(c) The assessment was based on the grain dealer’s financial statement for the fiscal year in which the merger or acquisition under par. (b) took effect.

ATCP 99.13(1)(d)(d) The grain dealer’s financial statement, for the fiscal year in which the merger or acquisition under par. (b) took effect, caused the sum of the grain dealer’s current ratio assessment rate under s. 126.15 (2), Stats., and debt to equity ratio assessment rate under s. 126.15 (4), Stats., to increase by at least 100% compared to the preceding license year.

ATCP 99.13(1)(e)(e) The grain dealer’s annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition under par. (b) took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.

ATCP 99.13(1)(f)(f) In the license year immediately following the license year for which the grain dealer paid the assessment, the sum of the grain dealer’s current ratio assessment rate under s. 126.15 (2), Stats., and debt to equity assessment rate under s. 126.15 (4), Stats., declines by at least 50% compared to the license year for which the grain dealer paid the assessment.

ATCP 99.13(1)(g)(g) The grain dealer requests the refund in writing, by September 1 of the grain dealer’s next license year.

ATCP 99.13(2)(2) Refund amount. The amount of the refund under sub. (1) shall equal 75% of the difference between the assessment amount paid by the grain dealer and the assessment amount required of the grain dealer in the next license year.

ATCP 99.13(3)(a)(a) The department shall pay the refund under sub. (1) as a credit against the grain dealer’s assessment for the next license year. The department shall apportion the credit, pro rata, against the quarterly assessment installments required of the grain dealer under s. 126.15 (7), Stats., in that next license year. If the credit exceeds the total assessment required of the grain dealer in that next license year, the department shall credit the balance in the same fashion against assessments required of the grain dealer in subsequent consecutive license years, except that the department may not grant a credit in more than 4 subsequent license years.

ATCP 99.13(3)(b)(b) The department may not pay any refund under sub. (1), except in the manner prescribed in par. (a). The department may not pay the refund to any person other than the grain dealer who paid the original assessment on which the refund is given.