AB245-ASA2,87 23Section 87 . 70.995 (4) of the statutes is amended to read:
AB245-ASA2,34,1724 70.995 (4) Whenever real property or tangible personal property is used for
25one, or some combination, of the processes mentioned in sub. (3) and also for other

1purposes, the department of revenue, if satisfied that there is substantial use in one
2or some combination of such processes, may assess the property under this section.
3For all purposes of this section the department of revenue shall have sole discretion
4for the determination of what is substantial use and what description of real property
5or what unit of tangible personal property shall constitute “the property" to be
6included for assessment purposes, and, in connection herewith, the department may
7include in a real property unit, real property owned by different persons. Vacant
8property designed for use in manufacturing, assembling, processing, fabricating,
9making, or milling tangible property for profit may be assessed under this section or
10under s. 70.32 (1), and the period of vacancy may not be the sole ground for making
11that determination. In those specific instances where a portion of a description of
12real property includes manufacturing property rented or leased and operated by a
13separate person which does not satisfy the substantial use qualification for the entire
14property, the local assessor shall assess the entire real property description and all
15personal property not exempt under s. 70.11 (27
). The applicable portions of the
16standard manufacturing property report form under sub. (12) as they relate to
17manufacturing machinery and equipment shall be submitted by such person
.
AB245-ASA2,88 18Section 88. 70.995 (5) of the statutes is amended to read:
AB245-ASA2,35,419 70.995 (5) The department of revenue shall assess all property of
20manufacturing establishments included under subs. (1) and (2), except property not
21contiguous with or located within 1,000 feet of the parcel on which the production
22process, as defined in s. 70.11 (27) (a) 5., occurs,
as of the close of January 1 of each
23year, if on or before March 1 of that year the department has classified the property
24as manufacturing or the owner of the property has requested, in writing, that the
25department make such a classification and the department later does so. A change

1in ownership, location, or name of the manufacturing establishment does not
2necessitate a new request. In assessing lands from which metalliferous minerals are
3being extracted and valued for purposes of the tax under s. 70.375, the value of the
4metalliferous mineral content of such lands shall be excluded.
AB245-ASA2,89 5Section 89 . 70.995 (5n) of the statutes is created to read:
AB245-ASA2,35,136 70.995 (5n) (a) If the department of revenue determines that an establishment
7is engaged in manufacturing, as described in subs. (1), (2), and (3), the department
8may classify the establishment as manufacturing. The establishment shall submit
9a written request on or before July 1 of the year for which classification is desired,
10as provided under s. 71.07 (5n) (a) 9. c. or 71.28 (5n) (a) 9. c. Any establishment
11classified as manufacturing prior to January 1, 2024, is presumed to be engaged in
12manufacturing, as described in subs. (1), (2), and (3), and need not submit a request
13as provided in this paragraph.
AB245-ASA2,35,1914 (b) The department may at any time investigate or audit requests submitted
15under par. (a) and may revoke a classification. A revocation under this paragraph
16may not apply retroactively, but shall take effect on the first day of the
17establishment's taxable year following the year in which the department issues a
18revocation. An establishment that submits a request under par. (a) shall notify the
19department within 60 days of any termination of manufacturing activity.
AB245-ASA2,36,320 (c) On or before December 31 of the year in which a request is timely submitted
21under par. (a), the department shall issue a notice of determination responding to the
22timely request. The department may, in its sole discretion, issue a notice of
23determination by December 31 for requests received after July 1 of the year in which
24classification is desired. The notice shall be in writing and shall be sent by 1st class
25mail or electronic mail. In addition, the notice shall specify that objections to the

1decision shall be filed with the state board of assessors no later than 60 days after
2the date of the notice, that a fee of $200 shall be paid when the objection is filed, and
3that the objection is not filed until the fee is paid.
AB245-ASA2,36,94 (d) For purposes of this subsection, an objection is considered timely filed if
5received by the state board of assessors no later than 60 days after the date of the
6notice or sent to the state board of assessors by U.S. postal service certified mail in
7a properly addressed envelope, with postage paid, that is postmarked before
8midnight of the last day for filing. Neither the board nor the tax appeals commission
9may waive the requirement that objections be in writing.
AB245-ASA2,36,1310 (e) The state board of assessors shall investigate any objection timely filed
11under par. (d) if the fee specified under par. (c) is paid. The board shall notify the
12person objecting or the person's agent of its determination by 1st class mail or
13electronic mail.
AB245-ASA2,36,1914 (f) If a determination of the state board of assessors under par. (e) results in an
15establishment not being classified as manufacturing, the person having been
16notified of the determination shall be deemed to have accepted the determination
17unless the person files a petition for review with the clerk of the tax appeals
18commission, as provided under s. 73.01 (5) and the rules of practice of the tax appeals
19commission.
AB245-ASA2,90 20Section 90 . 70.995 (7) (b) of the statutes is amended to read:
AB245-ASA2,36,2421 70.995 (7) (b) Each 5 years, or more frequently if the department of revenue's
22workload permits and if in the department's judgment it is desirable, the department
23of revenue shall complete a field investigation or on-site appraisal at full value under
24ss. s. 70.32 (1) and 70.34 of all manufacturing real property in this state.
AB245-ASA2,91 25Section 91 . 70.995 (8) (b) 1. of the statutes is amended to read:
AB245-ASA2,37,19
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-ASA2,92 20Section 92 . 70.995 (12) (a) of the statutes is amended to read:
AB245-ASA2,38,1821 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-ASA2,93 19Section 93. 71.07 (5n) (a) 5. a. of the statutes is amended to read:
AB245-ASA2,39,220 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-ASA2,94 3Section 94 . 71.07 (5n) (a) 5. d. of the statutes is repealed.
AB245-ASA2,95 4Section 95 . 71.07 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245-ASA2,39,65 71.07 (5n) (a) 9. (intro.) “Qualified production property" means either any of
6the following:
AB245-ASA2,96 7Section 96 . 71.07 (5n) (a) 9. a. of the statutes is amended to read:
AB245-ASA2,39,148 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-ASA2,97 15Section 97 . 71.07 (5n) (a) 9. c. of the statutes is created to read:
AB245-ASA2,39,2516 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-ASA2,98
1Section 98. 71.07 (5n) (d) 2. of the statutes is amended to read:
AB245-ASA2,40,102 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-ASA2,99 11Section 99. 71.07 (6e) (a) 5. of the statutes is amended to read: