Date of enactment:
2023 Assembly Bill 1089 Date of publication*:
2023 WISCONSIN ACT
AN ACT to renumber and amend 77.60 (1) (a) and 77.60 (1) (b); to amend 70.38 (1m), 71.03 (7) (intro.), 71.24
(7) (a), 71.44 (3) (a), 71.775 (4) (bm) 1., 71.775 (4) (bm) 2., 71.775 (4) (em), 71.82 (1), 71.82 (2) (b), 71.82 (2) (d),
71.84 (1), 71.84 (2) (a), 71.84 (2) (b), 71.84 (2) (c), 71.90 (1), 71.91 (6) (e) 3., 71.91 (6) (f) 5., 73.03 (6), 76.075, 76.13
(2), 76.13 (2a), 76.13 (3), 76.22 (2), 76.28 (4) (a), 76.28 (4) (b), 76.28 (11), 76.39 (4) (d), 76.48 (5), 77.59 (6) (c),
77.96 (5), 78.68 (1), 139.25 (1), 139.44 (9), 168.12 (6) (c), 168.12 (6) (d) 2., 168.12 (6) (e) 1. and 168.12 (6) (e) 3.;
and to create 77.60 (1) (b) 2. of the statutes; relating to: interest rates on late, nondelinquent taxes and on overpay-
ments.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 70.38 (1m) of the statutes is amended to
read:
70.38 (1m) ESTIMATED LIABILITY. Upon written
request and for sufficient reason shown, the department
shall allow a person subject to the tax under s. 70.375 to
file, on or before June 15, a net proceeds tax return and
to pay that tax based upon estimated tax liability. On or
before September 15, that person shall file a final report
and pay any additional tax due along with interest at the
rate of 1 0.5 percent per month from June 15 until the
date of payment. If the additional tax exceeds 10 percent
of the person’s tax under s. 70.375 for the previous year,
the penalty and interest under s. 70.39 (1) apply. If the
final report indicates that the person overpaid the per-
son’s liability, the department shall refund the overpay-
ment.
SECTION 2. 71.03 (7) (intro.) of the statutes is
amended to read:
71.03 (7) EXTENSION OF TIME TO FILE. (intro.) Returns
of natural persons and fiduciaries that require a statement
of amounts or information contained or entered on a cor-
responding return under the internal revenue code shall
be filed within the time fixed under that code for filing of
the corresponding federal return. Any extension of time
granted by law or by the internal revenue service for the
filing of that corresponding federal return extends the
time for filing under this chapter if a copy of the taxpay-
er’s application to the internal revenue service requesting
the extension is filed with the return under this chapter or
if a copy of any request for an extension required by the
internal revenue service is filed with the return under this
chapter or at an earlier date that the department prescribes
by rule and if the taxpayer pays the Wisconsin tax in the
manner applicable to federal income taxes under the
internal revenue code. Taxes payable upon the filing of
the return do not become delinquent during the period of
an extension but are subject to interest at the rate of 12 6
percent per year during such period except as follows:
SECTION 3. 71.24 (7) (a) of the statutes is amended
to read:
71.24 (7) (a) In the case of a corporation required to
file a return, the department of revenue shall allow an
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1089
automatic extension of 7 months or until the original due
date of the corporation’s corresponding federal return,
whichever is later. Any extension of time granted by law
or by the internal revenue service for the filing of corre-
sponding federal returns shall extend the time for filing
under this subchapter to 30 days after the federal due date
if the corporation reports the extension in the manner
specified by the department on the return. Except for
payments of estimated taxes, income or franchise taxes
payable upon the filing of the tax return shall not become
delinquent during such extension period, but shall,
except as provided in par. (b), be subject to interest at the
rate of 12 6 percent per year during such period.
SECTION 4. 71.44 (3) (a) of the statutes is amended
to read:
71.44 (3) (a) In the case of a corporation required to
file a return, the department of revenue shall allow an
automatic extension of 7 months or until the original due
date of the corporation’s corresponding federal return,
whichever is later. Any extension of time granted by law
or by the internal revenue service for the filing of corre-
sponding federal returns shall extend the time for filing
under this subchapter to 30 days after the federal due date
if the corporation reports the extension in the manner
specified by the department on the return. Except for
payments of estimated taxes, income or franchise taxes
payable upon the filing of the tax return shall not become
delinquent during such extension period, but shall,
except as provided in par. (b), be subject to interest at the
rate of 12 6 percent per year during such period.
SECTION 5. 71.775 (4) (bm) 1. of the statutes is
amended to read:
71.775 (4) (bm) 1. For the return under par. (a), the
department shall allow an automatic extension of 7
months or until the corresponding due date of the pass−
through entity’s federal income tax return or return of
partnership income, whichever is later. Except for pay-
ments of estimated taxes, and except as provided in subd.
2., withholding taxes payable upon filing the return are
not delinquent during the extension period but shall be
subject to interest at the rate of 12 6 percent per year dur-
ing that period.
SECTION 6. 71.775 (4) (bm) 2. of the statutes is
amended to read:
71.775 (4) (bm) 2. For taxable years beginning after
December 31, 2008, for persons who qualify for a federal
extension of time to file under 26 USC 7508A due to a
presidentially declared disaster or terroristic or military
action, withholding taxes that are otherwise due from a
pass−through entity under sub. (2) are not subject to 12
6 percent interest as otherwise provided under subd. 1.
during the extension period and for 30 days after the end
of the federal extension period.
SECTION 7. 71.775 (4) (em) of the statutes is amended
to read:
71.775 (4) (em) Except as provided in par. (fm), in the
case of any underpayment of estimated withholding taxes
under par. (cm), interest shall be added to the aggregate
withholding tax for the taxable year at the rate of 12 6 per-
cent per year on the amount of the underpayment for the
period of the underpayment. In this paragraph, “period
of the underpayment” means the time period beginning
with the due date of the installment and ending on either
the unextended due date of the return under par. (a) or the
date of payment, whichever is earlier. If 90 percent of the
tax due under sub. (2) for the taxable year is not paid by
the unextended due date of the return under par. (a), the
difference between that amount and the estimated taxes
paid, along with any interest due, shall accrue delinquent
interest in the same manner as income and franchise taxes
under s. 71.82 (2) (a).
SECTION 8. 71.82 (1) of the statutes is amended to
read:
71.82 (1) NORMAL. (a) In assessing taxes interest
shall be added to such taxes at 12 6 percent per year from
the date on which such taxes if originally assessed would
have become delinquent if unpaid, to the date on which
such taxes when subsequently assessed will become
delinquent if unpaid.
(b) Except as otherwise specifically provided, in
crediting overpayments of income and surtaxes against
underpayments or against taxes to be subsequently col-
lected and in certifying refunds of such taxes interest
shall be added at the rate of 3 6 percent per year from the
date on which such taxes when assessed would have
become delinquent if unpaid to the date on which such
overpayment was certified for refund except that if any
overpayment of tax is certified for refund within 90 days
after the last date prescribed for filing the return of such
tax or 90 days after the date of actual filing of the return
of such tax, whichever occurs later, no interest shall be
allowed on such overpayment. For purposes of this sec-
tion the return of such tax shall not be deemed actually
filed by an employee unless and until the employee has
included the written statement required to be filed under
s. 71.65 (1). However when any part of a tax paid on an
estimate of income, whether paid in connection with a
tentative return or not, is refunded or credited to a tax-
payer, such refund or credit shall not draw interest.
(c) Any assessment made as a result of the adjustment
or disallowance of a claim for credit under s. 71.07, 71.28
or 71.47 or subch. VIII or IX, except as provided in sub.
(2) (c), shall bear interest at 12 6 percent per year from the
due date of the claim.
SECTION 9. 71.82 (2) (b) of the statutes is amended
to read:
71.82 (2) (b) Department may reduce delinquent
interest. The department shall provide by rule for reduc-
tion of interest under par. (a) to 12 6 percent per year in − 3 − 2023 Wisconsin Act 2023 Assembly Bill 1089
stated instances wherein the secretary of revenue deter-
mines that reduction is fair and equitable.
SECTION 10. 71.82 (2) (d) of the statutes is amended
to read:
71.82 (2) (d) Withholding tax. Of the amounts
required to be withheld any amount not deposited or paid
over to the department within the time required shall be
deemed delinquent and deposit reports or withholding
reports filed after the due date shall be deemed late.
Delinquent deposits or payments shall bear interest at the
rate of 1.5 percent per month from the date deposits or
payments are required under this section until deposited
or paid over to the department. The department shall pro-
vide by rule for reduction of interest on delinquent
deposits to 12 6 percent per year in stated instances
wherein the secretary of revenue determines reduction
fair and equitable. In the case of a timely filed deposit or
withholding report, withheld taxes shall become delin-
quent if not deposited or paid over on or before the due
date of the report. In the case of no report filed or a report
filed late, withheld taxes shall become delinquent if not
deposited or paid over by the due date of the report. In
the case of an assessment under s. 71.83 (1) (b) 2., the
amount assessed shall become delinquent if not paid on
or before the first day of the calendar month following the
calendar month in which the assessment becomes final,
but if the assessment is contested before the tax appeals
commission or in the courts, it shall become delinquent
on the 30th day following the date on which the order or
judgment representing final determination becomes
final.
SECTION 11. 71.84 (1) of the statutes is amended to
read:
71.84 (1) INDIVIDUALS AND FIDUCIARIES. Except as
provided in s. 71.09 (11), in the case of any underpayment
of estimated tax by an individual, estate or trust, except
as provided under s. 71.09, there shall be added to the
aggregate tax for the taxable year interest at the rate of 12
6 percent per year on the amount of the underpayment for
the period of the underpayment. In this subsection, “the
period of the underpayment” means the time period from
the due date of the installment until either the 15th day of
the 4th month beginning after the end of the taxable year
or the date of payment, whichever is earlier.
SECTION 12. 71.84 (2) (a) of the statutes is amended
to read:
71.84 (2) (a) Except as provided in s. 71.29 (7), in the
case of any underpayment of estimated tax by a corpora-
tion under s. 71.29 or 71.48, there shall be added to the
aggregate tax for the taxable year interest at the rate of 12
6 percent per year on the amount of the underpayment for
the period of the underpayment. In this paragraph,
“period of the underpayment” means the time period
from the due date of the installment until either the date
on which the corporation is required to file for federal
income tax purposes, not including any extension, under
the Internal Revenue Code or the date of payment, which-
ever is earlier. If 90 percent of the tax shown on the return
is not paid by the date on which the corporation is
required to file for federal income tax purposes, not
including any extension, under the Internal Revenue
Code, the difference between that amount and the esti-
mated taxes paid, along with any interest due, shall
accrue delinquent interest under s. 71.91 (1) (a).
SECTION 13. 71.84 (2) (b) of the statutes is amended
to read:
71.84 (2) (b) For corporations that are subject to a tax
under this chapter on unrelated business taxable income,
as defined under section 512 of the internal revenue code,
and virtually exempt entities, “period of the underpay-
ment” means the time period from the due date of the
installment until either the 15th day of the 5th month
beginning after the end of the taxable year or the date of
payment, whichever is earlier. If 90 percent of the tax
shown on the return is not paid by the 15th day of the 5th
month following the close of the taxable year, the differ-
ence between that amount and the estimated taxes paid
along with any interest due, shall accrue delinquent inter-
est under s. 71.91 (1) (a).
SECTION 14. 71.84 (2) (c) of the statutes is amended
to read:
71.84 (2) (c) If a refund under s. 71.29 (3m) results
in an income or franchise tax liability that is greater than
the amount of estimated taxes paid when reduced by the
amount of the refund, the taxpayer shall add to the aggre-
gate tax for the taxable year interest at an annual rate of
12 6 percent on the amount of the unpaid tax liability for
the period beginning on the date the refund is issued and
ending on either the date on which the taxpayer is
required to file for federal income tax purposes, not
including any extension, under the Internal Revenue
Code or the date the tax liability is paid, whichever is ear-
lier.
SECTION 15. 71.90 (1) of the statutes is amended to
read:
71.90 (1) DEPOSIT. The department shall notify any
person who files a petition for redetermination that the
person may deposit the amount of an additional assess-
ment, including any interest or penalty, with the depart-
ment, or with a person that the department prescribes, at
any time before the department makes its redetermina-
tion. The department shall notify spouses jointly except
that, if the spouses have different addresses and if either
spouse notifies the department in writing of those
addresses, the department shall serve a duplicate of the
original notice on the spouse who has the address other
than the address to which the original notice was sent.
Amounts deposited under this subsection shall be subject
to the interest provided by s. 71.82 only to the extent of
the interest accrued prior to the first day of the month suc-
ceeding the date of deposit. Any deposited amount which
is refunded shall bear interest at the rate of 3 6 percent − 4 −2023 Wisconsin Act 2023 Assembly Bill 1089
per year during the time the funds were on deposit. A per-
son may also pay any portion of an assessment which is
admitted to be correct and the payment shall be consid-
ered an admission of the validity of that portion of the
assessment and may not be recovered in an appeal or in
any other action or proceeding.
SECTION 16. 71.91 (6) (e) 3. of the statutes is
amended to read:
71.91 (6) (e) 3. For purposes of an adjudication under
this paragraph, the assessment of the tax upon which the
interest or lien of the department is based is conclusively
presumed to be valid. Interest shall be allowed for judg-
ments under this paragraph at the rate of 12 6 percent per
year from the date the department receives the money
wrongfully levied upon to the date of payment of the
judgment or from the date of sale to the date of payment.
SECTION 17. 71.91 (6) (f) 5. of the statutes is amended
to read:
71.91 (6) (f) 5. Before the sale, the department shall
determine a minimum price for which the property shall
be sold. If no person offers for that property at the sale
at least the amount of the minimum price, the state shall
purchase the property for the minimum price; other-
wise, the property shall be sold to the highest bidder. In
determining the minimum price, the department shall
take into account the expense of making the levy and
sale in addition to the value of the property. If payment
in full is required at the time of acceptance of a bid and
is not paid then, the department shall sell the property in
the manner provided under this paragraph. If the condi-
tions of the sale permit part of the payment to be deferred
and if that part is not paid within the prescribed period,
the department may sue the purchaser in the circuit court
for Dane County for the unpaid part of the purchase
price and interest at the rate of 12 6 percent per year from
the date of the sale or the department may declare the
sale void and may sell the property again under this para-
graph. If the property is sold again, the 2nd purchaser
shall receive it free of any claim of the defaulting pur-
chaser and the amount paid upon the bid price by the
defaulting purchaser is forfeited.
SECTION 18. 73.03 (6) of the statutes is amended to
read:
73.03 (6) In its discretion to inspect and examine or
cause an inspection and examination of the records of any
town, city, village, or county officer whenever such offi-
cer shall have failed or neglected to return properly the
information as required by sub. (5), within the time set by
the department of revenue. Upon the completion of such
inspection and examination the department of revenue
shall transmit to the clerk of the town, city, village, or
county a statement of the expenses incurred by the
department of revenue to secure the necessary informa-
tion. Duplicates of such statements shall be filed in the
office of the secretary of administration. Within 60 days
after the receipt of the above statement, the same shall be
audited, as other claims of towns, cities, villages, and
counties are audited, and shall be paid into the state trea-
sury, in default of which the same shall become a special
charge against such town, city, village, or county and be
included in the next apportionment or certification of
state taxes and charges, and collected with interest at the
rate of 10 6 percent per year from the date such statements
were certified by the department, as other special charges
are certified and collected.
SECTION 19. 76.075 of the statutes is amended to
read:
76.075 Adjustments of assessments. Within 4 years
after the due date, or extended due date, of the report
under s. 76.04, any person subject to taxation under this
subchapter may request the department to make, or the
department may make, an adjustment to the data under s.
76.07 (4g) or (4r) submitted by the person. If an adjust-
ment under this section results in an increase in the tax
due under this subchapter, the person shall pay the
amount of the tax increase plus interest on that amount at
the rate of 1 0.5 percent per month from the due date or
extended due date of the report under s. 76.04 until the
date of final determination and interest at the rate of 1.5
percent per month from the date of final determination
until the date of payment. If an adjustment under this sec-
tion results in a decrease in the tax due under this sub-
chapter, the department shall refund the appropriate
amount plus interest at the rate of 0.25 0.5 percent per
month from the due date or extended due date under s.
76.04 until the date of refund. Sections 71.74 (1) and (2)
and 71.75 (6) and (7), as they apply to income and fran-
chise tax adjustments, apply to adjustments under this
section. Review of the adjustments is as stated in s. 76.08.
SECTION 20. 76.13 (2) of the statutes is amended to
read:
76.13 (2) Every tax roll upon completion shall be
delivered to the secretary of administration. The depart-
ment shall notify, by certified mail, all companies listed
on the tax roll of the amount of tax due, which shall be
paid to the department. The payment dates provided for
in sub. (2a) shall apply. The payment of one−fourth of the
tax of any company may, if the company has brought an
action in the Dane County circuit court under s. 76.08, be
made without delinquent interest as provided in s. 76.14
any time prior to the date upon which the appeal becomes
final, but any part of the tax ultimately required to be paid
shall bear interest from the original due date to the date
the appeal became final at the rate of 12 6 percent per year
and at 1.5 percent per month thereafter until paid. The
taxes extended against any company after the same
become due, with interest, shall be a lien upon all the
property of the company prior to all other liens, claims,
and demands whatsoever, except as provided in ss.
292.31 (8) (i) and 292.81, which lien may be enforced in
an action in the name of the state in any court of compe- − 5 − 2023 Wisconsin Act 2023 Assembly Bill 1089
tent jurisdiction against the property of the company
within the state as an entirety.
SECTION 21. 76.13 (2a) of the statutes is amended to
read:
76.13 (2a) Taxes levied under this section shall be
paid to the department in semiannual installments, on
May 10 and November 10, on a partially estimated basis.
The May 10 payment shall be at least 50 percent of the
total tax assessed for the previous calendar year or 40 per-
cent of the tax assessed for the current calendar year. Any
amounts not paid when due shall become delinquent and
shall be subject to interest under s. 76.14. The payment
of 25 percent of the tax of any company may, if the com-
pany has brought an action in the Dane County circuit
court under s. 76.08, be made without delinquent interest
as provided in s. 76.14 any time prior to the date upon
which the appeal becomes final, but any part thereof ulti-
mately required to be paid shall bear interest from the
original due date to the date the appeal becomes final at
the rate of 12 6 percent per year and at 1.5 percent per
month thereafter until paid. Companies with a tax liabil-
ity under this section of less than $2,000 are not required
to make semiannual payments but shall pay the full
amount of taxes due on or before November 10.
SECTION 22. 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 sec-
retary 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 3 6 percent per year.
If the amount of the tax upon the assessment as deter-
mined 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 6 percent per year
from the date of entry of judgment to the date the judg-
ment becomes final, and at 1.5 percent per month there-
after until paid.
SECTION 23. 76.22 (2) of the statutes is amended to
read:
76.22 (2) The action to recover taxes and interest and
to enforce the same as a lien shall be an action in equity
and shall be commenced and carried on and judgment
entered according to the laws of the state and the rules and
practice of courts of equity so far as applicable. No refer-
ence shall be made to take testimony or to hear, try and
determine the issues of fact in the action. The judgment
shall fix the amount of taxes and interest, adjudge the
same a lien on the property of the company and provide
for the sale of such property in 90 days after the entry of
judgment upon publication of the notice of sale as a class
3 notice, under ch. 985. The judgment shall bear interest
at the rate of 10 6 percent per year from the date of entry
until finally paid.
SECTION 24. 76.28 (4) (a) of the statutes is amended
to read:
76.28 (4) (a) If after filing the reports specified in sub.
(7) and after the department’s computation and assess-
ment of license fees under sub. (2) it is determined that
the amount of gross revenues reported is in error, the
department shall compute the additional license fee to be
paid or the amount of the overpayment of license fee to
be refunded, as the case may be. If an additional license
fee is due, the department shall give notice to the light,
heat and power company against whom the license fee is
to be levied. All such additional assessments and claims
for refunds for excess license fees paid are subject to the
same procedure for review and final determination as
additional income or franchise tax assessments and
claims for refunds under ch. 71 as far as the same may be
applicable, except that appeals of denials of claims for
refunds shall be made directly to the tax appeals commis-
sion and except that the additional license fees shall
become delinquent 60 days after notice provided in this
subsection or, if review proceedings are held, 60 days fol-
lowing final determination of the review proceedings.
All additional license fees shall bear interest at the rate of
12 6 percent per year from the time they should have been
paid to the date on which the additional fees shall become
delinquent if unpaid.
SECTION 25. 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 admin-
istration shall pay the amounts determined by means of
the audit. All refunds of license fees under this subsec-
tion shall bear interest at the annual rate of 3 6 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.
SECTION 26. 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 pre-
vails in an action or proceeding, this state shall settle with
the taxpayer, including payment of interest at 3 6 percent − 6 −2023 Wisconsin Act 2023 Assembly Bill 1089
per year on the amount of the money paid from the date
of payment until the date of judgment.
SECTION 27. 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 inter-
est at the rate of 3 6 percent per year from the date pay-
ment was made. All additional taxes shall bear interest
at the rate of 12 6 percent per year from the time they
should have been paid to the date upon which the addi-
tional taxes shall become delinquent if unpaid.
SECTION 28. 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 rev-
enues 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 3 6 percent per
year and shall be certified by the department to the secre-
tary of administration who shall audit the amounts of
such overpayments and pay the amount audited. Addi-
tional assessments shall bear interest at the rate of 12 6
percent per year from the time they should have been paid
to the date upon which they shall become delinquent if
unpaid.
SECTION 29. 77.59 (6) (c) of the statutes is amended
to read:
77.59 (6) (c) The department shall notify any person
who files a petition for redetermination that the person
may deposit the entire deficiency determination, includ-
ing any penalty or interest, with the department when the
petition is filed or at any time before the department
makes its redetermination. Any deposited amount which
is refunded shall bear interest at the rate of 3 6 percent
per year during the time the funds were on deposit. A per-
son may also pay any portion of a deficiency determina-
tion admitted to be correct and the payment shall be con-
sidered an admission of the validity of that portion of the
deficiency determination and may not be recovered in an
appeal or in any other action or proceeding.
SECTION 30. 77.60 (1) (a) of the statutes is renum-
bered 77.60 (1) (a) (intro.) and amended to read:
77.60 (1) (a) (intro.) Except as provided in par. (b),
unpaid the following interest rates apply:
1. Unpaid taxes shall bear interest at the rate of 12 6
percent per year from the unextended due date of the
return until paid or deposited with the department.
2. Taxes refunded to the seller shall bear interest at
3 6 percent per year from the due date of the return to the
date on which the refund is certified on the refund rolls.
An extension of time within which to file a return shall
not extend the due date of the return for purposes of inter-
est computation.
3. Taxes refunded to the buyer shall bear interest at
3 6 percent per year from the last day of the month fol-
lowing the month during which the buyer paid the tax to
the date on which the refund is certified on the refund
rolls.
SECTION 31. 77.60 (1) (b) of the statutes is renum-
bered 77.60 (1) (b) 1. and amended to read:
77.60 (1) (b) 1. Any unpaid taxes for a calendar year
or a fiscal year resulting from a field audit shall bear inter-
est at the rate of 12 6 percent per year from the unex-
tended due date of the taxpayer’s Wisconsin income or
franchise tax return for that calendar or fiscal year or, if
exempt the filing of an income or franchise tax return
under ch. 71 is not required, from the 15th day of the 4th
month of the year after the close of the calendar or fiscal
year for which the taxes are due to the date on which the
taxes are paid or, if unpaid, become delinquent, which-
ever is earlier.
SECTION 32. 77.60 (1) (b) 2. of the statutes is created
to read:
77.60 (1) (b) 2. Taxes refunded as a result of a field
audit shall bear interest at the rate of 6 percent per year
from the unextended due date of the taxpayer’s income
or franchise tax return for that calendar or fiscal year or,
if the filing of an income or franchise tax return under ch.
71 is not required, from the 15th day of the 4th month of
the year after the close of the calendar or fiscal year to the
date on which the refund is certified on the refund rolls.
SECTION 33. 77.96 (5) of the statutes is amended to
read:
77.96 (5) Each person subject to a surcharge under s.
77.93 shall, on or before the due date, including exten-
sions, for filing under ch. 71, file an accurate statement
of its gross tax liability. Payments made after the due date
under sub. (2) and on or before the due date under this
subsection are not delinquent but are subject to interest at
the rate of 12 6 percent per year.
SECTION 34. 78.68 (1) of the statutes is amended to
read:
78.68 (1) Unpaid taxes shall bear interest at the rate
of 12 6 percent per year from the due date of the tax until
paid or deposited with the department, and all refunded
taxes bear interest at the rate of 3 6 percent per year from
the due date of the return to the date on which the refund
is certified on the refund rolls.
SECTION 35. 139.25 (1) of the statutes is amended to
read:
139.25 (1) INTEREST AND PENALTIES. Unpaid taxes
bear interest at the rate of 12 6 percent per year from the
due date of the return until paid or deposited with the
department, and all refunded taxes bear interest at the rate
of 3 6 percent per year from the due date of the return − 7 − 2023 Wisconsin Act 2023 Assembly Bill 1089
to the date on which the refund is certified on the refund
rolls.
SECTION 36. 139.44 (9) of the statutes is amended to
read:
139.44 (9) Unpaid taxes bear interest at the rate of 12
6 percent per year from the due date of the return until
paid or deposited with the department, and all refunded
taxes bear interest at the rate of 3 6 percent per year from
the due date of the return to the date on which the refund
is certified on the refund rolls.
SECTION 37. 168.12 (6) (c) of the statutes is amended
to read:
168.12 (6) (c) The department of revenue shall inves-
tigate the correctness and veracity of the representations
in the claim and may require a claimant to submit records
to substantiate the claim. The department of revenue
shall either allow or deny a claim under this subsection
not later than 60 days after the filing of the claim. If the
department of revenue allows the claim, it shall pay the
claimant the amount allowed from the moneys appropri-
ated under s. 20.855 (4) (r). If the department of revenue
does not pay the allowance by the 90th day after the date
on which the purchaser files the claim, the department of
revenue shall also pay interest on the unpaid claim begin-
ning on that day, at the rate of 3 6 percent per year, from
the moneys appropriated under s. 20.855 (4) (r).
SECTION 38. 168.12 (6) (d) 2. of the statutes is
amended to read:
168.12 (6) (d) 2. If the department of revenue has
paid the claim, require the purchaser to refund to the
department of revenue that portion of the amount paid
under par. (c) to which the purchaser is not entitled and
impose a penalty on the purchaser equal to 25 percent of
the allowance, plus interest on the sum of the unpaid
penalty and the amount required to be refunded, accruing
from the date that the penalty is imposed, at the rate of 12
6 percent per year.
SECTION 39. 168.12 (6) (e) 1. of the statutes is
amended to read:
168.12 (6) (e) 1. If the claim has not been paid and the
department of revenue allows no portion of the claim,
impose a penalty on the purchaser equal to 50 percent of
the amount claimed by the purchaser, plus interest on the
unpaid penalty, accruing from the date that the penalty is
imposed, at the rate of 12 6 percent per year.
SECTION 40. 168.12 (6) (e) 3. of the statutes is
amended to read:
168.12 (6) (e) 3. If the claim has been paid, require
the purchaser to refund to the department of revenue that
portion of the amount paid under par. (c) that the depart-
ment of revenue determines was fraudulently obtained
and impose a penalty on the purchaser equal to 50 percent
of the amount claimed by the purchaser, plus interest on
the sum of the unpaid penalty and the amount required to
be refunded, accruing from the date that the penalty is
imposed, at the rate of 12 6 percent per year.
SECTION 41.0Initial applicability.
(1) INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS.
This act first applies to assessments issued and refunds
paid on December 31, 2024, regardless of the taxable peri-
ods to which the assessments or refunds pertain.