SB720,30,146
74.315
(2) Equalized valuation Amount determined. After receiving the form
7under sub. (1), but no later than November 15, the department of revenue shall
8determine the amount of
any change in the taxation district's equalized valuation
9that results from considering the valuation represented by the taxes described under
10sub. (1) taxes to be shared with each taxing jurisdiction for which the taxation district
11collected taxes and determine the amount of taxes collected under s. 70.44 to be
12shared with each taxing jurisdiction for which the taxation district collected taxes.
13The department's determination under this subsection is subject to review only
14under s. 227.53.
SB720,51
15Section 51
. 74.315 (3) of the statutes is amended to read:
SB720,30,2116
74.315
(3) Notice and distribution. If the department of revenue determines
17under sub. (2) that the taxation district's equalized valuation changed as a result of
18considering the valuation represented by the taxes described under sub. (1), the The 19department shall notify the taxation district and the taxation district shall distribute
20the
resulting collections under ss. 74.23 (1) (a) 5., 74.25 (1) (a) 4m., and 74.30 (1) (dm)
21resulting from the determinations made under sub. (2).
SB720,52
22Section
52. 76.04 (1) of the statutes is amended to read:
SB720,31,223
76.04
(1) Every company defined in s. 76.02 shall, annually, file a true and
24accurate statement in such manner and form and setting forth such facts as the
25department shall deem necessary to enforce ss. 76.01 to 76.26. The annual reports
1for railroad companies shall be filed
on or before April 15 and for conservation and
2regulation companies, air carriers and pipeline companies on or before May 1.
SB720,53
3Section
53. 76.07 (1) of the statutes is amended to read:
SB720,31,94
76.07
(1) Duty of department. The department on or before
August 1 5September 15 in each year
in the case of railroad companies, and on or before
6September 15 in the case of air carrier companies, conservation and regulation
7companies and pipeline companies, shall, according to its best knowledge and
8judgment, ascertain and determine the full market value of the property of each
9company within the state.
SB720,54
10Section
54. 76.075 of the statutes is amended to read:
SB720,31,25
1176.075 Adjustments of assessments. Within 4 years after the due date, or
12extended due date, of the report under s. 76.04, any person subject to taxation under
13this subchapter may request the department to make, or the department may make,
14an adjustment to the data under s. 76.07 (4g) or (4r) submitted by the person. If an
15adjustment under this section results in an increase in the tax due under this
16subchapter, the person shall pay the amount of the tax increase plus interest on that
17amount at the rate of 1 percent per month from the due date or extended due date
18of the report under s. 76.04 until the date of final determination and interest at the
19rate of 1.5 percent per month from the date of final determination until the date of
20payment. If an adjustment under this section results in a decrease in the tax due
21under this subchapter, the department shall refund the appropriate amount plus
22interest at the rate of
0.75 0.25 percent per month from the due date or extended due
23date under s. 76.04 until the date of refund. Sections 71.74 (1) and (2) and 71.75 (6)
24and (7), as they apply to income and franchise tax adjustments, apply to adjustments
25under this section. Review of the adjustments is as stated in s. 76.08.
SB720,55
1Section
55. 76.13 (3) of the statutes is amended to read:
SB720,32,132
76.13
(3) If the Dane County circuit court, after such roll is delivered to the
3secretary of administration, increases or decreases the assessment of any company,
4the department shall immediately redetermine the tax of the company on the basis
5of the revised assessment, and shall certify and deliver the revised assessment to the
6secretary of administration as a revision of the tax roll. If the amount of tax upon
7the assessment as determined by the court is less than the amount paid by the
8company, the secretary of administration shall refund the excess to the company with
9interest at the rate of
9 3 percent per year. If the amount of the tax upon the
10assessment as determined by the court is in excess of the amount of the tax as
11determined by the department, interest shall be paid on the additional amount at the
12rate of 12 percent per year from the date of entry of judgment to the date the
13judgment becomes final, and at 1.5 percent per month thereafter until paid.
SB720,56
14Section
56. 76.28 (4) (b) of the statutes is amended to read:
SB720,32,2315
76.28
(4) (b) In the case of overpayments of license fees by any light, heat and
16power company under par. (a), the department shall certify the overpayments to the
17department of administration, which shall audit the amount of the overpayments
18and the secretary of administration shall pay the amounts determined by means of
19the audit. All refunds of license fees under this subsection shall bear interest at the
20annual rate of
9 3 percent from the date of the original payment to the date when
21the refund is made. The time for making additional levies of license fees or claims
22for refunds of excess license fees paid, in respect to any year, shall be limited to 4
23years after the time the report for such year was filed.
SB720,57
24Section
57. 76.28 (11) of the statutes is amended to read:
SB720,33,7
176.28
(11) Payment before contesting. No action or proceeding, except a
2petition for redetermination under sub. (4), may be brought by a light, heat or power
3company against this state to contest any assessment of a tax under this section
4unless the taxpayer first pays to this state the amount of tax assessed. If the
5taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer,
6including payment of interest at
9 3 percent per year on the amount of the money
7paid from the date of payment until the date of judgment.
SB720,58
8Section
58. 76.39 (4) (d) of the statutes is amended to read:
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76.39
(4) (d) All refunds shall be certified by the department to the department
10of administration which shall audit the amount of the refunds and the secretary of
11administration shall pay the amount, together with interest at the rate of
9 3 percent
12per year from the date payment was made. All additional taxes shall bear interest
13at the rate of 12 percent per year from the time they should have been paid to the date
14upon which the additional taxes shall become delinquent if unpaid.
SB720,59
15Section
59. 76.48 (5) of the statutes is amended to read:
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76.48
(5) Additional assessments may be made, if notice of such assessment is
17given, within 4 years of the date the annual return was filed, but if no return was
18filed, or if the return filed was incorrect and was filed with intent to defeat or evade
19the tax, an additional assessment may be made at any time upon the discovery of
20gross revenues by the department. Refunds may be made if a claim for the refund
21is filed in writing with the department within 4 years of the date the annual return
22was filed. Refunds shall bear interest at the rate of
9 3 percent per year and shall
23be certified by the department to the secretary of administration who shall audit the
24amounts of such overpayments and pay the amount audited. Additional
1assessments shall bear interest at the rate of 12 percent per year from the time they
2should have been paid to the date upon which they shall become delinquent if unpaid.
SB720,60
3Section
60. 77.51 (13gm) (a) (intro.) of the statutes is renumbered 77.51
4(13gm) (a) and amended to read:
SB720,34,95
77.51
(13gm) (a) “Retailer engaged in business in this state” does not include
6a retailer who has no activities as described in sub. (13g), except for activities
7described in sub. (13g) (c), unless the
retailer meets either of the following criteria 8retailer's annual gross sales into this state exceed $100,000 in the previous
year or
9current
calendar year
:.
SB720,61
10Section
61. 77.51 (13gm) (a) 1. and 2. of the statutes are repealed.
SB720,62
11Section
62. 77.51 (13gm) (b) of the statutes is amended to read:
SB720,34,1712
77.51
(13gm) (b) If an out-of-state retailer's annual gross sales into this state
13exceed $100,000 in the previous
calendar year
or the retailer's annual number of
14separate sales transactions into this state is 200 or more in the previous year, the
15retailer shall register with the department and collect the taxes administered under
16s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 for the entire current
17calendar year.
SB720,63
18Section
63. 77.51 (13gm) (c) of the statutes is amended to read:
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77.51
(13gm) (c) If an out-of-state retailer's annual gross sales into this state
20are $100,000 or less in the previous
calendar year
and the retailer's annual number
21of separate sales transactions into this state is less than 200 in the previous year, the
22retailer is not required to register with the department and collect the taxes
23administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522
24until the retailer's
gross sales
or transactions meet the criteria in par. (a) 1. or 2. 25exceed $100,000 for the current
calendar year, at which time the retailer shall
1register with the department and collect the tax for the remainder of the current
2calendar year.
SB720,64
3Section
64. 77.51 (13gm) (d) 1. of the statutes is repealed.
SB720,65
4Section
65. 77.51 (13gm) (d) 2. of the statutes is amended to read:
SB720,35,65
77.51
(13gm) (d) 2.
The annual amounts described in this subsection include 6“Gross sales” includes both taxable and nontaxable sales.