“I hereby certify that the foregoing tax roll includes the property of all railroad companies, air carrier companies, conservation and regulation companies or pipeline companies, as the case may be, defined in s. 76.02, liable to taxation in this state; that the valuation of the property of each company as set down in said tax roll is the full market value thereof as assessed by the department of revenue, except as changed by court judgment, and that the taxes thereon charged in said tax roll have been assessed and levied at the average net rate of taxation in this state, as required by law".
1,107 Section 107. 76.13 (3) of the statutes is amended to read:
76.13 (3) If the Dane County circuit court, after such roll is delivered to the secretary of administration, increases or decreases the assessment of any company, the department shall immediately redetermine the tax of the company on the basis of the revised assessment, and shall certify and deliver the revised assessment to the secretary of administration as a revision of the tax roll. If the amount of tax upon the assessment as determined by the court is less than the amount paid by the company, the secretary of administration shall refund the excess to the company with interest at the rate of 9 3 percent per year. If the amount of the tax upon the assessment as determined by the court is in excess of the amount of the tax as determined by the department, interest shall be paid on the additional amount at the rate of 12 percent per year from the date of entry of judgment to the date the judgment becomes final, and at 1.5 percent per month thereafter until paid.
1,108 Section 108. 76.28 (4) (b) of the statutes is amended to read:
76.28 (4) (b) In the case of overpayments of license fees by any light, heat and power company under par. (a), the department shall certify the overpayments to the department of administration, which shall audit the amount of the overpayments and the secretary of administration shall pay the amounts determined by means of the audit. All refunds of license fees under this subsection shall bear interest at the annual rate of 9 3 percent from the date of the original payment to the date when the refund is made. The time for making additional levies of license fees or claims for refunds of excess license fees paid, in respect to any year, shall be limited to 4 years after the time the report for such year was filed.
1,109 Section 109. 76.28 (11) of the statutes is amended to read:
76.28 (11) Payment before contesting. No action or proceeding, except a petition for redetermination under sub. (4), may be brought by a light, heat or power company against this state to contest any assessment of a tax under this section unless the taxpayer first pays to this state the amount of tax assessed. If the taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer, including payment of interest at 9 3 percent per year on the amount of the money paid from the date of payment until the date of judgment.
1,110 Section 110. 76.39 (4) (d) of the statutes is amended to read:
76.39 (4) (d) All refunds shall be certified by the department to the department of administration which shall audit the amount of the refunds and the secretary of administration shall pay the amount, together with interest at the rate of 9 3 percent per year from the date payment was made. All additional taxes shall bear interest at the rate of 12 percent per year from the time they should have been paid to the date upon which the additional taxes shall become delinquent if unpaid.
1,111 Section 111. 76.48 (5) of the statutes is amended to read:
76.48 (5) Additional assessments may be made, if notice of such assessment is given, within 4 years of the date the annual return was filed, but if no return was filed, or if the return filed was incorrect and was filed with intent to defeat or evade the tax, an additional assessment may be made at any time upon the discovery of gross revenues by the department. Refunds may be made if a claim for the refund is filed in writing with the department within 4 years of the date the annual return was filed. Refunds shall bear interest at the rate of 9 3 percent per year and shall be certified by the department to the secretary of administration who shall audit the amounts of such overpayments and pay the amount audited. Additional assessments shall bear interest at the rate of 12 percent per year from the time they should have been paid to the date upon which they shall become delinquent if unpaid.
1,112 Section 112. 77.51 (13gm) (a) (intro.) of the statutes is renumbered 77.51 (13gm) (a) and amended to read:
77.51 (13gm) (a) “Retailer engaged in business in this state” does not include a retailer who has no activities as described in sub. (13g), except for activities described in sub. (13g) (c), unless the retailer meets either of the following criteria retailer's annual gross sales into this state exceed $100,000 in the previous year or current calendar year:.
1,113 Section 113. 77.51 (13gm) (a) 1. and 2. of the statutes are repealed.
1,114 Section 114. 77.51 (13gm) (b) of the statutes is amended to read:
77.51 (13gm) (b) If an out-of-state retailer's annual gross sales into this state exceed $100,000 in the previous calendar year or the retailer's annual number of separate sales transactions into this state is 200 or more in the previous year, the retailer shall register with the department and collect the taxes administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 for the entire current calendar year.
1,115 Section 115. 77.51 (13gm) (c) of the statutes is amended to read:
77.51 (13gm) (c) If an out-of-state retailer's annual gross sales into this state are $100,000 or less in the previous calendar year and the retailer's annual number of separate sales transactions into this state is less than 200 in the previous year, the retailer is not required to register with the department and collect the taxes administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 until the retailer's gross sales or transactions meet the criteria in par. (a) 1. or 2. exceed $100,000 for the current calendar year, at which time the retailer shall register with the department and collect the tax for the remainder of the current calendar year.
1,116 Section 116. 77.51 (13gm) (d) 1. of the statutes is repealed.
1,117 Section 117. 77.51 (13gm) (d) 2. of the statutes is amended to read:
77.51 (13gm) (d) 2. The annual amounts described in this subsection include “Gross sales” includes both taxable and nontaxable sales.
1,118 Section 118. 77.51 (13gm) (d) 3. and 4. of the statutes are repealed.
1,119 Section 119. 77.51 (13gm) (d) 5. of the statutes is amended to read:
77.51 (13gm) (d) 5. An out-of-state retailer's annual amounts gross sales include all sales into this state by the retailer on behalf of other persons and all sales into this state by another person on the retailer's behalf.
1,120 Section 120 . 77.52 (2m) (b) of the statutes is amended to read:
77.52 (2m) (b) With respect to the type of services subject to tax under sub. (2) (a) 7., 10., 11., and 20. and except as provided in s. 77.54 (60) (b) and (bm) 2., all tangible personal property or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d) physically transferred, or transferred electronically, to the customer in conjunction with the selling, performing, or furnishing of the service is a sale of tangible personal property or items, property, or goods under s. 77.52 sub. (1) (b), (c), or (d) separate from the selling, performing, or furnishing of the service, regardless of whether the purchaser claims an exemption on its purchase of the service. This paragraph does not apply to services provided by veterinarians.
1,121 Section 121 . 77.54 (6) (am) 2. of the statutes is amended to read:
77.54 (6) (am) 2. Containers, labels, sacks, cans, boxes, drums, bags or other packaging and shipping materials for use in packing, packaging or shipping tangible personal property or items or property under s. 77.52 (1) (b) or (c), if the containers, labels, sacks, cans, boxes, drums, bags, or other packaging and shipping materials are used by the purchaser to transfer merchandise to customers or physically transferred to the customer in conjunction with the selling, performing, or furnishing of the type of services under s. 77.52 (2) (a) 7., 10., 11., or 20. that are exempt from or not subject to taxation under this subchapter. This subdivision does not apply to services provided by veterinarians.
1,122 Section 122. 77.54 (9a) (f) of the statutes is amended to read: