SB2-SSA1,95
24Section
95. 76.04 (1) of the statutes is amended to read:
SB2-SSA1,44,5
176.04
(1) Every company defined in s. 76.02 shall, annually, file a true and
2accurate statement in such manner and form and setting forth such facts as the
3department shall deem necessary to enforce ss. 76.01 to 76.26. The annual reports
4for railroad companies shall be filed
on or before April 15 and for conservation and
5regulation companies, air carriers and pipeline companies on or before May 1.
SB2-SSA1,96
6Section
96. 76.07 (1) of the statutes is amended to read:
SB2-SSA1,44,127
76.07
(1) Duty of department. The department on or before
August 1 8September 15 in each year
in the case of railroad companies, and on or before
9September 15 in the case of air carrier companies, conservation and regulation
10companies and pipeline companies, shall, according to its best knowledge and
11judgment, ascertain and determine the full market value of the property of each
12company within the state.
SB2-SSA1,97
13Section
97. 76.075 of the statutes is amended to read:
SB2-SSA1,45,3
1476.075 Adjustments of assessments. Within 4 years after the due date, or
15extended due date, of the report under s. 76.04, any person subject to taxation under
16this subchapter may request the department to make, or the department may make,
17an adjustment to the data under s. 76.07 (4g) or (4r) submitted by the person. If an
18adjustment under this section results in an increase in the tax due under this
19subchapter, the person shall pay the amount of the tax increase plus interest on that
20amount at the rate of 1 percent per month from the due date or extended due date
21of the report under s. 76.04 until the date of final determination and interest at the
22rate of 1.5 percent per month from the date of final determination until the date of
23payment. If an adjustment under this section results in a decrease in the tax due
24under this subchapter, the department shall refund the appropriate amount plus
25interest at the rate of
0.75 0.25 percent per month from the due date or extended due
1date under s. 76.04 until the date of refund. Sections 71.74 (1) and (2) and 71.75 (6)
2and (7), as they apply to income and franchise tax adjustments, apply to adjustments
3under this section. Review of the adjustments is as stated in s. 76.08.
SB2-SSA1,98
4Section
98. 76.13 (1) of the statutes is amended to read:
SB2-SSA1,45,145
76.13
(1) The department shall compute and levy a tax upon the property of
6each company defined in s. 76.02, as assessed in the manner specified in ss. 76.07 and
776.08, at the average net rate of taxation determined under s. 76.126. The amount
8of tax to be paid by each such company shall be extended upon a tax roll opposite the
9description of the property of the respective companies. The tax rolls for all
10companies required to be assessed on
or before August 1 in each year under s. 76.07
11(1) shall be completed on or before August 10, and for all companies required to be
12assessed on or before September 15 in each year under s. 76.07 (1) shall be completed
13on or before October 1; and the department shall thereupon attach to each such roll
14a certificate signed by the secretary of revenue, which shall be as follows:
SB2-SSA1,45,22
15“I hereby certify that the foregoing tax roll includes the property of all railroad
16companies, air carrier companies, conservation and regulation companies or
17pipeline companies, as the case may be, defined in s. 76.02, liable to taxation in this
18state; that the valuation of the property of each company as set down in said tax roll
19is the full market value thereof as assessed by the department of revenue, except as
20changed by court judgment, and that the taxes thereon charged in said tax roll have
21been assessed and levied at the average net rate of taxation in this state, as required
22by law".
SB2-SSA1,99
23Section
99. 76.13 (3) of the statutes is amended to read:
SB2-SSA1,46,1024
76.13
(3) If the Dane County circuit court, after such roll is delivered to the
25secretary of administration, increases or decreases the assessment of any company,
1the department shall immediately redetermine the tax of the company on the basis
2of the revised assessment, and shall certify and deliver the revised assessment to the
3secretary of administration as a revision of the tax roll. If the amount of tax upon
4the assessment as determined by the court is less than the amount paid by the
5company, the secretary of administration shall refund the excess to the company with
6interest at the rate of
9 3 percent per year. If the amount of the tax upon the
7assessment as determined by the court is in excess of the amount of the tax as
8determined by the department, interest shall be paid on the additional amount at the
9rate of 12 percent per year from the date of entry of judgment to the date the
10judgment becomes final, and at 1.5 percent per month thereafter until paid.
SB2-SSA1,100
11Section
100. 76.28 (4) (b) of the statutes is amended to read:
SB2-SSA1,46,2012
76.28
(4) (b) In the case of overpayments of license fees by any light, heat and
13power company under par. (a), the department shall certify the overpayments to the
14department of administration, which shall audit the amount of the overpayments
15and the secretary of administration shall pay the amounts determined by means of
16the audit. All refunds of license fees under this subsection shall bear interest at the
17annual rate of
9 3 percent from the date of the original payment to the date when
18the refund is made. The time for making additional levies of license fees or claims
19for refunds of excess license fees paid, in respect to any year, shall be limited to 4
20years after the time the report for such year was filed.
SB2-SSA1,101
21Section
101. 76.28 (11) of the statutes is amended to read:
SB2-SSA1,47,322
76.28
(11) Payment before contesting. No action or proceeding, except a
23petition for redetermination under sub. (4), may be brought by a light, heat or power
24company against this state to contest any assessment of a tax under this section
25unless the taxpayer first pays to this state the amount of tax assessed. If the
1taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer,
2including payment of interest at
9 3 percent per year on the amount of the money
3paid from the date of payment until the date of judgment.
SB2-SSA1,102
4Section
102. 76.39 (4) (d) of the statutes is amended to read:
SB2-SSA1,47,105
76.39
(4) (d) All refunds shall be certified by the department to the department
6of administration which shall audit the amount of the refunds and the secretary of
7administration shall pay the amount, together with interest at the rate of
9 3 percent
8per year from the date payment was made. All additional taxes shall bear interest
9at the rate of 12 percent per year from the time they should have been paid to the date
10upon which the additional taxes shall become delinquent if unpaid.
SB2-SSA1,103
11Section
103. 76.48 (5) of the statutes is amended to read:
SB2-SSA1,47,2212
76.48
(5) Additional assessments may be made, if notice of such assessment is
13given, within 4 years of the date the annual return was filed, but if no return was
14filed, or if the return filed was incorrect and was filed with intent to defeat or evade
15the tax, an additional assessment may be made at any time upon the discovery of
16gross revenues by the department. Refunds may be made if a claim for the refund
17is filed in writing with the department within 4 years of the date the annual return
18was filed. Refunds shall bear interest at the rate of
9 3 percent per year and shall
19be certified by the department to the secretary of administration who shall audit the
20amounts of such overpayments and pay the amount audited. Additional
21assessments shall bear interest at the rate of 12 percent per year from the time they
22should have been paid to the date upon which they shall become delinquent if unpaid.
SB2-SSA1,104
23Section
104. 77.51 (13gm) (a) (intro.) of the statutes is renumbered 77.51
24(13gm) (a) and amended to read:
SB2-SSA1,48,5
177.51
(13gm) (a) “Retailer engaged in business in this state” does not include
2a retailer who has no activities as described in sub. (13g), except for activities
3described in sub. (13g) (c), unless the
retailer meets either of the following criteria 4retailer's annual gross sales into this state exceed $100,000 in the previous
year or
5current
calendar year
:.
SB2-SSA1,105
6Section
105. 77.51 (13gm) (a) 1. and 2. of the statutes are repealed.
SB2-SSA1,106
7Section
106. 77.51 (13gm) (b) of the statutes is amended to read:
SB2-SSA1,48,138
77.51
(13gm) (b) If an out-of-state retailer's annual gross sales into this state
9exceed $100,000 in the previous
calendar year
or the retailer's annual number of
10separate sales transactions into this state is 200 or more in the previous year, the
11retailer shall register with the department and collect the taxes administered under
12s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 for the entire current
13calendar year.
SB2-SSA1,107
14Section
107. 77.51 (13gm) (c) of the statutes is amended to read:
SB2-SSA1,48,2315
77.51
(13gm) (c) If an out-of-state retailer's annual gross sales into this state
16are $100,000 or less in the previous
calendar year
and the retailer's annual number
17of separate sales transactions into this state is less than 200 in the previous year, the
18retailer is not required to register with the department and collect the taxes
19administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522
20until the retailer's
gross sales
or transactions meet the criteria in par. (a) 1. or 2. 21exceed $100,000 for the current
calendar year, at which time the retailer shall
22register with the department and collect the tax for the remainder of the current
23calendar year.
SB2-SSA1,108
24Section
108. 77.51 (13gm) (d) 1. of the statutes is repealed.
SB2-SSA1,109
25Section
109. 77.51 (13gm) (d) 2. of the statutes is amended to read:
SB2-SSA1,49,2
177.51
(13gm) (d) 2.
The annual amounts described in this subsection include 2“Gross sales” includes both taxable and nontaxable sales.