1 | | - | Date of enactment: |
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2 | | - | 2023 Assembly Bill 1089 Date of publication*: |
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3 | | - | 2023 WISCONSIN ACT |
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4 | | - | 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 |
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5 | | - | (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), |
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6 | | - | 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 |
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7 | | - | (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), |
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8 | | - | 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.; |
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9 | | - | and to create 77.60 (1) (b) 2. of the statutes; relating to: interest rates on late, nondelinquent taxes and on overpay- |
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10 | | - | ments. |
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11 | | - | The people of the state of Wisconsin, represented in |
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12 | | - | senate and assembly, do enact as follows: |
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13 | | - | SECTION 1. 70.38 (1m) of the statutes is amended to |
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14 | | - | read: |
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15 | | - | 70.38 (1m) ESTIMATED LIABILITY. Upon written |
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16 | | - | request and for sufficient reason shown, the department |
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17 | | - | shall allow a person subject to the tax under s. 70.375 to |
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18 | | - | file, on or before June 15, a net proceeds tax return and |
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19 | | - | to pay that tax based upon estimated tax liability. On or |
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20 | | - | before September 15, that person shall file a final report |
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21 | | - | and pay any additional tax due along with interest at the |
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22 | | - | rate of 1 0.5 percent per month from June 15 until the |
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23 | | - | date of payment. If the additional tax exceeds 10 percent |
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24 | | - | of the person’s tax under s. 70.375 for the previous year, |
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25 | | - | the penalty and interest under s. 70.39 (1) apply. If the |
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26 | | - | final report indicates that the person overpaid the per- |
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27 | | - | son’s liability, the department shall refund the overpay- |
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28 | | - | ment. |
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29 | | - | SECTION 2. 71.03 (7) (intro.) of the statutes is |
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| 1 | + | LRB-5872/1 |
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| 2 | + | KP:skw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 1089 |
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| 5 | + | February 13, 2024 - Introduced by Representative WITTKE, cosponsored by Senator |
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| 6 | + | MARKLEIN. Referred to Committee on State Affairs. |
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| 7 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 8 | + | AN ACT to renumber and amend 77.60 (1) (a) and 77.60 (1) (b); to amend 70.38 |
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| 9 | + | (1m), 71.03 (7) (intro.), 71.24 (7) (a), 71.44 (3) (a), 71.775 (4) (bm) 1., 71.775 (4) |
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| 10 | + | (bm) 2., 71.775 (4) (em), 71.82 (1), 71.82 (2) (b), 71.82 (2) (d), 71.84 (1), 71.84 (2) |
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| 11 | + | (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), |
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| 12 | + | 76.075, 76.13 (2), 76.13 (2a), 76.13 (3), 76.22 (2), 76.28 (4) (a), 76.28 (4) (b), 76.28 |
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| 13 | + | (11), 76.39 (4) (d), 76.48 (5), 77.59 (6) (c), 77.96 (5), 78.68 (1), 139.25 (1), 139.44 |
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| 14 | + | (9), 168.12 (6) (c), 168.12 (6) (d) 2., 168.12 (6) (e) 1. and 168.12 (6) (e) 3.; and to |
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| 15 | + | create 77.60 (1) (b) 2. of the statutes; relating to: interest rates on late, |
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| 16 | + | nondelinquent taxes and on overpayments. |
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| 17 | + | Analysis by the Legislative Reference Bureau |
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| 18 | + | This bill modifies the interest rates applicable to various late, nondelinquent |
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| 19 | + | taxes and fees owed to the Department of Revenue and to overpayments for those |
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| 20 | + | taxes and fees that are refunded by DOR. Under current law, generally, late, |
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| 21 | + | nondelinquent taxes or fees administered by DOR are subject to an interest rate of |
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| 22 | + | 12 percent per year, and DOR must pay interest at the rate of 3 percent per year on |
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| 23 | + | refunds of overpayments of those taxes or fees. Under the bill, the interest rate for |
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| 24 | + | late, nondelinquent taxes or fees administered by DOR is 6 percent per year, and |
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| 35 | + | ASSEMBLY BILL 1089 |
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| 36 | + | DOR must pay interest at the rate of 6 percent per year on refunds of overpayments. |
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| 37 | + | The bill applies to the following taxes and fees: 1) the individual income and |
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| 38 | + | corporate income and franchise tax; 2) the withholding; 3) the sales and use tax; 4) |
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| 39 | + | taxes paid by utilities and insurers; 5) excises taxes on motor vehicle fuel, alcohol |
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| 40 | + | beverages, and cigarettes, tobacco, and vapor products; 6) the economic development |
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| 41 | + | surcharge; 7) the petroleum inspection fee; 8) the metalliferous mining tax; and 9) |
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| 42 | + | the charge imposed by DOR on a city, village, town, or county for the expenses |
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| 43 | + | incurred by DOR in examining city, village, town, or county records regarding the |
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| 44 | + | assessment of property upon failure to return information requested by DOR. |
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| 45 | + | Also, current law requires that an interest rate of 12 percent per year apply to |
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| 46 | + | delinquent individual income and corporate income and franchise taxes in instances |
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| 47 | + | in which the secretary of DOR determines that reduction from an interest rate of 1.5 |
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| 48 | + | percent per month for such delinquent taxes is fair and equitable. The bill requires |
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| 49 | + | that an interest rate of 6 percent per year apply to such delinquent taxes in instances |
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| 50 | + | in which the DOR secretary determines that the reduction is fair and equitable. |
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| 51 | + | For further information see the state fiscal estimate, which will be printed as |
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| 52 | + | an appendix to this bill. |
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| 53 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 54 | + | enact as follows: |
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| 55 | + | SECTION 1. 70.38 (1m) of the statutes is amended to read: |
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| 56 | + | 70.38 (1m) ESTIMATED LIABILITY. Upon written request and for sufficient reason |
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| 57 | + | shown, the department shall allow a person subject to the tax under s. 70.375 to file, |
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| 58 | + | on or before June 15, a net proceeds tax return and to pay that tax based upon |
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| 59 | + | estimated tax liability. On or before September 15, that person shall file a final report |
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| 60 | + | and pay any additional tax due along with interest at the rate of 1 0.5 percent per |
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| 61 | + | month from June 15 until the date of payment. If the additional tax exceeds 10 |
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| 62 | + | percent of the person's tax under s. 70.375 for the previous year, the penalty and |
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| 63 | + | interest under s. 70.39 (1) apply. If the final report indicates that the person overpaid |
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| 64 | + | the person's liability, the department shall refund the overpayment. |
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| 65 | + | SECTION 2. 71.03 (7) (intro.) of the statutes is amended to read: |
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| 66 | + | 71.03 (7) EXTENSION OF TIME TO FILE. (intro.) Returns of natural persons and |
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| 67 | + | fiduciaries that require a statement of amounts or information contained or entered |
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| 83 | + | SECTION 2 |
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| 84 | + | ASSEMBLY BILL 1089 |
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| 85 | + | on a corresponding return under the internal revenue code shall be filed within the |
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| 86 | + | time fixed under that code for filing of the corresponding federal return. Any |
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| 87 | + | extension of time granted by law or by the internal revenue service for the filing of |
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| 88 | + | that corresponding federal return extends the time for filing under this chapter if a |
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| 89 | + | copy of the taxpayer's application to the internal revenue service requesting the |
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| 90 | + | extension is filed with the return under this chapter or if a copy of any request for |
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| 91 | + | an extension required by the internal revenue service is filed with the return under |
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| 92 | + | this chapter or at an earlier date that the department prescribes by rule and if the |
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| 93 | + | taxpayer pays the Wisconsin tax in the manner applicable to federal income taxes |
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| 94 | + | under the internal revenue code. Taxes payable upon the filing of the return do not |
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| 95 | + | become delinquent during the period of an extension but are subject to interest at the |
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| 96 | + | rate of 12 6 percent per year during such period except as follows: |
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| 97 | + | SECTION 3. 71.24 (7) (a) of the statutes is amended to read: |
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| 98 | + | 71.24 (7) (a) In the case of a corporation required to file a return, the |
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| 99 | + | department of revenue shall allow an automatic extension of 7 months or until the |
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| 100 | + | original due date of the corporation's corresponding federal return, whichever is |
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| 101 | + | later. Any extension of time granted by law or by the internal revenue service for the |
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| 102 | + | filing of corresponding federal returns shall extend the time for filing under this |
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| 103 | + | subchapter to 30 days after the federal due date if the corporation reports the |
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| 104 | + | extension in the manner specified by the department on the return. Except for |
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| 105 | + | payments of estimated taxes, income or franchise taxes payable upon the filing of the |
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| 106 | + | tax return shall not become delinquent during such extension period, but shall, |
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| 107 | + | except as provided in par. (b), be subject to interest at the rate of 12 6 percent per year |
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| 108 | + | during such period. |
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| 109 | + | SECTION 4. 71.44 (3) (a) of the statutes is amended to read: |
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| 136 | + | SECTION 4 ASSEMBLY BILL 1089 |
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| 137 | + | 71.44 (3) (a) In the case of a corporation required to file a return, the |
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| 138 | + | department of revenue shall allow an automatic extension of 7 months or until the |
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| 139 | + | original due date of the corporation's corresponding federal return, whichever is |
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| 140 | + | later. Any extension of time granted by law or by the internal revenue service for the |
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| 141 | + | filing of corresponding federal returns shall extend the time for filing under this |
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| 142 | + | subchapter to 30 days after the federal due date if the corporation reports the |
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| 143 | + | extension in the manner specified by the department on the return. Except for |
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| 144 | + | payments of estimated taxes, income or franchise taxes payable upon the filing of the |
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| 145 | + | tax return shall not become delinquent during such extension period, but shall, |
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| 146 | + | except as provided in par. (b), be subject to interest at the rate of 12 6 percent per year |
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| 147 | + | during such period. |
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| 148 | + | SECTION 5. 71.775 (4) (bm) 1. of the statutes is amended to read: |
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| 149 | + | 71.775 (4) (bm) 1. For the return under par. (a), the department shall allow an |
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| 150 | + | automatic extension of 7 months or until the corresponding due date of the |
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| 151 | + | pass-through entity's federal income tax return or return of partnership income, |
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| 152 | + | whichever is later. Except for payments of estimated taxes, and except as provided |
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| 153 | + | in subd. 2., withholding taxes payable upon filing the return are not delinquent |
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| 154 | + | during the extension period but shall be subject to interest at the rate of 12 6 percent |
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| 155 | + | per year during that period. |
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| 156 | + | SECTION 6. 71.775 (4) (bm) 2. of the statutes is amended to read: |
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| 157 | + | 71.775 (4) (bm) 2. For taxable years beginning after December 31, 2008, for |
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| 158 | + | persons who qualify for a federal extension of time to file under 26 USC 7508A due |
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| 159 | + | to a presidentially declared disaster or terroristic or military action, withholding |
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| 160 | + | taxes that are otherwise due from a pass-through entity under sub. (2) are not |
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| 187 | + | SECTION 6 |
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| 188 | + | ASSEMBLY BILL 1089 |
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| 189 | + | subject to 12 6 percent interest as otherwise provided under subd. 1. during the |
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| 190 | + | extension period and for 30 days after the end of the federal extension period. |
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| 191 | + | SECTION 7. 71.775 (4) (em) of the statutes is amended to read: |
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| 192 | + | 71.775 (4) (em) Except as provided in par. (fm), in the case of any underpayment |
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| 193 | + | of estimated withholding taxes under par. (cm), interest shall be added to the |
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| 194 | + | aggregate withholding tax for the taxable year at the rate of 12 6 percent per year |
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| 195 | + | on the amount of the underpayment for the period of the underpayment. In this |
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| 196 | + | paragraph, “period of the underpayment" means the time period beginning with the |
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| 197 | + | due date of the installment and ending on either the unextended due date of the |
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| 198 | + | return under par. (a) or the date of payment, whichever is earlier. If 90 percent of |
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| 199 | + | the tax due under sub. (2) for the taxable year is not paid by the unextended due date |
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| 200 | + | of the return under par. (a), the difference between that amount and the estimated |
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| 201 | + | taxes paid, along with any interest due, shall accrue delinquent interest in the same |
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| 202 | + | manner as income and franchise taxes under s. 71.82 (2) (a). |
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| 203 | + | SECTION 8. 71.82 (1) of the statutes is amended to read: |
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| 204 | + | 71.82 (1) NORMAL. (a) In assessing taxes interest shall be added to such taxes |
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| 205 | + | at 12 6 percent per year from the date on which such taxes if originally assessed |
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| 206 | + | would have become delinquent if unpaid, to the date on which such taxes when |
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| 207 | + | subsequently assessed will become delinquent if unpaid. |
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| 208 | + | (b) Except as otherwise specifically provided, in crediting overpayments of |
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| 209 | + | income and surtaxes against underpayments or against taxes to be subsequently |
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| 210 | + | collected and in certifying refunds of such taxes interest shall be added at the rate |
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| 211 | + | of 3 6 percent per year from the date on which such taxes when assessed would have |
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| 212 | + | become delinquent if unpaid to the date on which such overpayment was certified for |
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| 213 | + | refund except that if any overpayment of tax is certified for refund within 90 days |
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| 240 | + | SECTION 8 ASSEMBLY BILL 1089 |
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| 241 | + | after the last date prescribed for filing the return of such tax or 90 days after the date |
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| 242 | + | of actual filing of the return of such tax, whichever occurs later, no interest shall be |
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| 243 | + | allowed on such overpayment. For purposes of this section the return of such tax |
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| 244 | + | shall not be deemed actually filed by an employee unless and until the employee has |
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| 245 | + | included the written statement required to be filed under s. 71.65 (1). However when |
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| 246 | + | any part of a tax paid on an estimate of income, whether paid in connection with a |
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| 247 | + | tentative return or not, is refunded or credited to a taxpayer, such refund or credit |
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| 248 | + | shall not draw interest. |
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| 249 | + | (c) Any assessment made as a result of the adjustment or disallowance of a |
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| 250 | + | claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX, except as provided |
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| 251 | + | in sub. (2) (c), shall bear interest at 12 6 percent per year from the due date of the |
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| 252 | + | claim. |
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| 253 | + | SECTION 9. 71.82 (2) (b) of the statutes is amended to read: |
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| 254 | + | 71.82 (2) (b) Department may reduce delinquent interest. The department shall |
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| 255 | + | provide by rule for reduction of interest under par. (a) to 12 6 percent per year in |
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| 256 | + | stated instances wherein the secretary of revenue determines that reduction is fair |
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| 257 | + | and equitable. |
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| 258 | + | SECTION 10. 71.82 (2) (d) of the statutes is amended to read: |
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| 259 | + | 71.82 (2) (d) Withholding tax. Of the amounts required to be withheld any |
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| 260 | + | amount not deposited or paid over to the department within the time required shall |
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| 261 | + | be deemed delinquent and deposit reports or withholding reports filed after the due |
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| 262 | + | date shall be deemed late. Delinquent deposits or payments shall bear interest at |
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| 263 | + | the rate of 1.5 percent per month from the date deposits or payments are required |
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| 264 | + | under this section until deposited or paid over to the department. The department |
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| 265 | + | shall provide by rule for reduction of interest on delinquent deposits to 12 6 percent |
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| 294 | + | ASSEMBLY BILL 1089 |
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| 295 | + | per year in stated instances wherein the secretary of revenue determines reduction |
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| 296 | + | fair and equitable. In the case of a timely filed deposit or withholding report, |
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| 297 | + | withheld taxes shall become delinquent if not deposited or paid over on or before the |
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| 298 | + | due date of the report. In the case of no report filed or a report filed late, withheld |
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| 299 | + | taxes shall become delinquent if not deposited or paid over by the due date of the |
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| 300 | + | report. In the case of an assessment under s. 71.83 (1) (b) 2., the amount assessed |
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| 301 | + | shall become delinquent if not paid on or before the first day of the calendar month |
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| 302 | + | following the calendar month in which the assessment becomes final, but if the |
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| 303 | + | assessment is contested before the tax appeals commission or in the courts, it shall |
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| 304 | + | become delinquent on the 30th day following the date on which the order or judgment |
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| 305 | + | representing final determination becomes final. |
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| 306 | + | SECTION 11. 71.84 (1) of the statutes is amended to read: |
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| 307 | + | 71.84 (1) INDIVIDUALS AND FIDUCIARIES. Except as provided in s. 71.09 (11), in |
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| 308 | + | the case of any underpayment of estimated tax by an individual, estate or trust, |
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| 309 | + | except as provided under s. 71.09, there shall be added to the aggregate tax for the |
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| 310 | + | taxable year interest at the rate of 12 6 percent per year on the amount of the |
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| 311 | + | underpayment for the period of the underpayment. In this subsection, “the period |
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| 312 | + | of the underpayment" means the time period from the due date of the installment |
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| 313 | + | until either the 15th day of the 4th month beginning after the end of the taxable year |
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| 314 | + | or the date of payment, whichever is earlier. |
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| 315 | + | SECTION 12. 71.84 (2) (a) of the statutes is amended to read: |
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| 316 | + | 71.84 (2) (a) Except as provided in s. 71.29 (7), in the case of any underpayment |
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| 317 | + | of estimated tax by a corporation under s. 71.29 or 71.48, there shall be added to the |
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| 318 | + | aggregate tax for the taxable year interest at the rate of 12 6 percent per year on the |
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| 319 | + | amount of the underpayment for the period of the underpayment. In this paragraph, |
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| 346 | + | SECTION 12 ASSEMBLY BILL 1089 |
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| 347 | + | “period of the underpayment" means the time period from the due date of the |
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| 348 | + | installment until either the date on which the corporation is required to file for |
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| 349 | + | federal income tax purposes, not including any extension, under the Internal |
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| 350 | + | Revenue Code or the date of payment, whichever is earlier. If 90 percent of the tax |
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| 351 | + | shown on the return is not paid by the date on which the corporation is required to |
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| 352 | + | file for federal income tax purposes, not including any extension, under the Internal |
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| 353 | + | Revenue Code, the difference between that amount and the estimated taxes paid, |
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| 354 | + | along with any interest due, shall accrue delinquent interest under s. 71.91 (1) (a). |
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| 355 | + | SECTION 13. 71.84 (2) (b) of the statutes is amended to read: |
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| 356 | + | 71.84 (2) (b) For corporations that are subject to a tax under this chapter on |
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| 357 | + | unrelated business taxable income, as defined under section 512 of the internal |
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| 358 | + | revenue code, and virtually exempt entities, “period of the underpayment" means the |
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| 359 | + | time period from the due date of the installment until either the 15th day of the 5th |
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| 360 | + | month beginning after the end of the taxable year or the date of payment, whichever |
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| 361 | + | is earlier. If 90 percent of the tax shown on the return is not paid by the 15th day of |
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| 362 | + | the 5th month following the close of the taxable year, the difference between that |
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| 363 | + | amount and the estimated taxes paid along with any interest due, shall accrue |
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| 364 | + | delinquent interest under s. 71.91 (1) (a). |
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| 365 | + | SECTION 14. 71.84 (2) (c) of the statutes is amended to read: |
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| 366 | + | 71.84 (2) (c) If a refund under s. 71.29 (3m) results in an income or franchise |
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| 367 | + | tax liability that is greater than the amount of estimated taxes paid when reduced |
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| 368 | + | by the amount of the refund, the taxpayer shall add to the aggregate tax for the |
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| 369 | + | taxable year interest at an annual rate of 12 6 percent on the amount of the unpaid |
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| 370 | + | tax liability for the period beginning on the date the refund is issued and ending on |
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| 371 | + | either the date on which the taxpayer is required to file for federal income tax |
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| 397 | + | LRB-5872/1 |
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| 398 | + | KP:skw |
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| 399 | + | SECTION 14 |
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| 400 | + | ASSEMBLY BILL 1089 |
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| 401 | + | purposes, not including any extension, under the Internal Revenue Code or the date |
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| 402 | + | the tax liability is paid, whichever is earlier. |
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| 403 | + | SECTION 15. 71.90 (1) of the statutes is amended to read: |
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| 404 | + | 71.90 (1) DEPOSIT. The department shall notify any person who files a petition |
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| 405 | + | for redetermination that the person may deposit the amount of an additional |
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| 406 | + | assessment, including any interest or penalty, with the department, or with a person |
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| 407 | + | that the department prescribes, at any time before the department makes its |
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| 408 | + | redetermination. The department shall notify spouses jointly except that, if the |
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| 409 | + | spouses have different addresses and if either spouse notifies the department in |
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| 410 | + | writing of those addresses, the department shall serve a duplicate of the original |
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| 411 | + | notice on the spouse who has the address other than the address to which the original |
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| 412 | + | notice was sent. Amounts deposited under this subsection shall be subject to the |
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| 413 | + | interest provided by s. 71.82 only to the extent of the interest accrued prior to the first |
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| 414 | + | day of the month succeeding the date of deposit. Any deposited amount which is |
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| 415 | + | refunded shall bear interest at the rate of 3 6 percent per year during the time the |
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| 416 | + | funds were on deposit. A person may also pay any portion of an assessment which |
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| 417 | + | is admitted to be correct and the payment shall be considered an admission of the |
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| 418 | + | validity of that portion of the assessment and may not be recovered in an appeal or |
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| 419 | + | in any other action or proceeding. |
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| 420 | + | SECTION 16. 71.91 (6) (e) 3. of the statutes is amended to read: |
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| 421 | + | 71.91 (6) (e) 3. For purposes of an adjudication under this paragraph, the |
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| 422 | + | assessment of the tax upon which the interest or lien of the department is based is |
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| 423 | + | conclusively presumed to be valid. Interest shall be allowed for judgments under this |
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| 424 | + | paragraph at the rate of 12 6 percent per year from the date the department receives |
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| 448 | + | 24 - 10 -2023 - 2024 Legislature LRB-5872/1 |
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| 449 | + | KP:skw |
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| 450 | + | SECTION 16 ASSEMBLY BILL 1089 |
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| 451 | + | the money wrongfully levied upon to the date of payment of the judgment or from the |
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| 452 | + | date of sale to the date of payment. |
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| 453 | + | SECTION 17. 71.91 (6) (f) 5. of the statutes is amended to read: |
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| 454 | + | 71.91 (6) (f) 5. Before the sale, the department shall determine a minimum |
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| 455 | + | price for which the property shall be sold. If no person offers for that property at the |
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| 456 | + | sale at least the amount of the minimum price, the state shall purchase the property |
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| 457 | + | for the minimum price; otherwise, the property shall be sold to the highest bidder. |
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| 458 | + | In determining the minimum price, the department shall take into account the |
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| 459 | + | expense of making the levy and sale in addition to the value of the property. If |
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| 460 | + | payment in full is required at the time of acceptance of a bid and is not paid then, the |
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| 461 | + | department shall sell the property in the manner provided under this paragraph. |
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| 462 | + | If the conditions of the sale permit part of the payment to be deferred and if that part |
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| 463 | + | is not paid within the prescribed period, the department may sue the purchaser in |
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| 464 | + | the circuit court for Dane County for the unpaid part of the purchase price and |
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| 465 | + | interest at the rate of 12 6 percent per year from the date of the sale or the department |
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| 466 | + | may declare the sale void and may sell the property again under this paragraph. If |
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| 467 | + | the property is sold again, the 2nd purchaser shall receive it free of any claim of the |
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| 468 | + | defaulting purchaser and the amount paid upon the bid price by the defaulting |
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| 469 | + | purchaser is forfeited. |
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| 470 | + | SECTION 18. 73.03 (6) of the statutes is amended to read: |
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| 471 | + | 73.03 (6) In its discretion to inspect and examine or cause an inspection and |
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| 472 | + | examination of the records of any town, city, village, or county officer whenever such |
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| 473 | + | officer shall have failed or neglected to return properly the information as required |
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| 474 | + | by sub. (5), within the time set by the department of revenue. Upon the completion |
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| 475 | + | of such inspection and examination the department of revenue shall transmit to the |
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| 500 | + | 25 - 11 -2023 - 2024 Legislature |
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| 501 | + | LRB-5872/1 |
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| 502 | + | KP:skw |
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| 503 | + | SECTION 18 |
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| 504 | + | ASSEMBLY BILL 1089 |
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| 505 | + | clerk of the town, city, village, or county a statement of the expenses incurred by the |
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| 506 | + | department of revenue to secure the necessary information. Duplicates of such |
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| 507 | + | statements shall be filed in the office of the secretary of administration. Within 60 |
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| 508 | + | days after the receipt of the above statement, the same shall be audited, as other |
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| 509 | + | claims of towns, cities, villages, and counties are audited, and shall be paid into the |
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| 510 | + | state treasury, in default of which the same shall become a special charge against |
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| 511 | + | such town, city, village, or county and be included in the next apportionment or |
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| 512 | + | certification of state taxes and charges, and collected with interest at the rate of 10 |
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| 513 | + | 6 percent per year from the date such statements were certified by the department, |
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| 514 | + | as other special charges are certified and collected. |
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| 515 | + | SECTION 19. 76.075 of the statutes is amended to read: |
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| 516 | + | 76.075 Adjustments of assessments. Within 4 years after the due date, or |
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| 517 | + | extended due date, of the report under s. 76.04, any person subject to taxation under |
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| 518 | + | this subchapter may request the department to make, or the department may make, |
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| 519 | + | an adjustment to the data under s. 76.07 (4g) or (4r) submitted by the person. If an |
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| 520 | + | adjustment under this section results in an increase in the tax due under this |
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| 521 | + | subchapter, the person shall pay the amount of the tax increase plus interest on that |
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| 522 | + | amount at the rate of 1 0.5 percent per month from the due date or extended due |
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| 523 | + | date of the report under s. 76.04 until the date of final determination and interest |
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| 524 | + | at the rate of 1.5 percent per month from the date of final determination until the |
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| 525 | + | date of payment. If an adjustment under this section results in a decrease in the tax |
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| 526 | + | due under this subchapter, the department shall refund the appropriate amount plus |
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| 527 | + | interest at the rate of 0.25 0.5 percent per month from the due date or extended due |
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| 528 | + | date under s. 76.04 until the date of refund. Sections 71.74 (1) and (2) and 71.75 (6) |
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| 552 | + | 24 - 12 -2023 - 2024 Legislature LRB-5872/1 |
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| 553 | + | KP:skw |
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| 554 | + | SECTION 19 ASSEMBLY BILL 1089 |
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| 555 | + | and (7), as they apply to income and franchise tax adjustments, apply to adjustments |
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| 556 | + | under this section. Review of the adjustments is as stated in s. 76.08. |
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| 557 | + | SECTION 20. 76.13 (2) of the statutes is amended to read: |
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| 558 | + | 76.13 (2) Every tax roll upon completion shall be delivered to the secretary of |
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| 559 | + | administration. The department shall notify, by certified mail, all companies listed |
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| 560 | + | on the tax roll of the amount of tax due, which shall be paid to the department. The |
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| 561 | + | payment dates provided for in sub. (2a) shall apply. The payment of one-fourth of |
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| 562 | + | the tax of any company may, if the company has brought an action in the Dane |
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| 563 | + | County circuit court under s. 76.08, be made without delinquent interest as provided |
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| 564 | + | in s. 76.14 any time prior to the date upon which the appeal becomes final, but any |
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| 565 | + | part of the tax ultimately required to be paid shall bear interest from the original due |
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| 566 | + | date to the date the appeal became final at the rate of 12 6 percent per year and at |
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| 567 | + | 1.5 percent per month thereafter until paid. The taxes extended against any |
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| 568 | + | company after the same become due, with interest, shall be a lien upon all the |
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| 569 | + | property of the company prior to all other liens, claims, and demands whatsoever, |
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| 570 | + | except as provided in ss. 292.31 (8) (i) and 292.81, which lien may be enforced in an |
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| 571 | + | action in the name of the state in any court of competent jurisdiction against the |
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| 572 | + | property of the company within the state as an entirety. |
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| 573 | + | SECTION 21. 76.13 (2a) of the statutes is amended to read: |
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| 574 | + | 76.13 (2a) Taxes levied under this section shall be paid to the department in |
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| 575 | + | semiannual installments, on May 10 and November 10, on a partially estimated |
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| 576 | + | basis. The May 10 payment shall be at least 50 percent of the total tax assessed for |
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| 577 | + | the previous calendar year or 40 percent of the tax assessed for the current calendar |
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| 578 | + | year. Any amounts not paid when due shall become delinquent and shall be subject |
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| 579 | + | to interest under s. 76.14. The payment of 25 percent of the tax of any company may, |
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| 604 | + | 25 - 13 -2023 - 2024 Legislature |
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| 605 | + | LRB-5872/1 |
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| 606 | + | KP:skw |
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| 607 | + | SECTION 21 |
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| 608 | + | ASSEMBLY BILL 1089 |
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| 609 | + | if the company has brought an action in the Dane County circuit court under s. 76.08, |
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| 610 | + | be made without delinquent interest as provided in s. 76.14 any time prior to the date |
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| 611 | + | upon which the appeal becomes final, but any part thereof ultimately required to be |
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| 612 | + | paid shall bear interest from the original due date to the date the appeal becomes |
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| 613 | + | final at the rate of 12 6 percent per year and at 1.5 percent per month thereafter until |
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| 614 | + | paid. Companies with a tax liability under this section of less than $2,000 are not |
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| 615 | + | required to make semiannual payments but shall pay the full amount of taxes due |
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| 616 | + | on or before November 10. |
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| 617 | + | SECTION 22. 76.13 (3) of the statutes is amended to read: |
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| 618 | + | 76.13 (3) If the Dane County circuit court, after such roll is delivered to the |
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| 619 | + | secretary of administration, increases or decreases the assessment of any company, |
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| 620 | + | the department shall immediately redetermine the tax of the company on the basis |
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| 621 | + | of the revised assessment, and shall certify and deliver the revised assessment to the |
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| 622 | + | secretary of administration as a revision of the tax roll. If the amount of tax upon |
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| 623 | + | the assessment as determined by the court is less than the amount paid by the |
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| 624 | + | company, the secretary of administration shall refund the excess to the company with |
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| 625 | + | interest at the rate of 3 6 percent per year. If the amount of the tax upon the |
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| 626 | + | assessment as determined by the court is in excess of the amount of the tax as |
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| 627 | + | determined by the department, interest shall be paid on the additional amount at the |
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| 628 | + | rate of 12 6 percent per year from the date of entry of judgment to the date the |
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| 629 | + | judgment becomes final, and at 1.5 percent per month thereafter until paid. |
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| 630 | + | SECTION 23. 76.22 (2) of the statutes is amended to read: |
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| 631 | + | 76.22 (2) The action to recover taxes and interest and to enforce the same as |
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| 632 | + | a lien shall be an action in equity and shall be commenced and carried on and |
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| 633 | + | judgment entered according to the laws of the state and the rules and practice of |
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| 658 | + | 25 - 14 -2023 - 2024 Legislature LRB-5872/1 |
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| 659 | + | KP:skw |
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| 660 | + | SECTION 23 ASSEMBLY BILL 1089 |
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| 661 | + | courts of equity so far as applicable. No reference shall be made to take testimony |
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| 662 | + | or to hear, try and determine the issues of fact in the action. The judgment shall fix |
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| 663 | + | the amount of taxes and interest, adjudge the same a lien on the property of the |
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| 664 | + | company and provide for the sale of such property in 90 days after the entry of |
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| 665 | + | judgment upon publication of the notice of sale as a class 3 notice, under ch. 985. The |
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| 666 | + | judgment shall bear interest at the rate of 10 6 percent per year from the date of entry |
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| 667 | + | until finally paid. |
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| 668 | + | SECTION 24. 76.28 (4) (a) of the statutes is amended to read: |
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| 669 | + | 76.28 (4) (a) If after filing the reports specified in sub. (7) and after the |
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| 670 | + | department's computation and assessment of license fees under sub. (2) it is |
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| 671 | + | determined that the amount of gross revenues reported is in error, the department |
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| 672 | + | shall compute the additional license fee to be paid or the amount of the overpayment |
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| 673 | + | of license fee to be refunded, as the case may be. If an additional license fee is due, |
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| 674 | + | the department shall give notice to the light, heat and power company against whom |
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| 675 | + | the license fee is to be levied. All such additional assessments and claims for refunds |
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| 676 | + | for excess license fees paid are subject to the same procedure for review and final |
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| 677 | + | determination as additional income or franchise tax assessments and claims for |
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| 678 | + | refunds under ch. 71 as far as the same may be applicable, except that appeals of |
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| 679 | + | denials of claims for refunds shall be made directly to the tax appeals commission |
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| 680 | + | and except that the additional license fees shall become delinquent 60 days after |
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| 681 | + | notice provided in this subsection or, if review proceedings are held, 60 days following |
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| 682 | + | final determination of the review proceedings. All additional license fees shall bear |
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| 683 | + | interest at the rate of 12 6 percent per year from the time they should have been paid |
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| 684 | + | to the date on which the additional fees shall become delinquent if unpaid. |
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| 685 | + | SECTION 25. 76.28 (4) (b) of the statutes is amended to read: |
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| 710 | + | 25 - 15 -2023 - 2024 Legislature |
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| 711 | + | LRB-5872/1 |
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| 712 | + | KP:skw |
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| 713 | + | SECTION 25 |
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| 714 | + | ASSEMBLY BILL 1089 |
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| 715 | + | 76.28 (4) (b) In the case of overpayments of license fees by any light, heat and |
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| 716 | + | power company under par. (a), the department shall certify the overpayments to the |
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| 717 | + | department of administration, which shall audit the amount of the overpayments |
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| 718 | + | and the secretary of administration shall pay the amounts determined by means of |
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| 719 | + | the audit. All refunds of license fees under this subsection shall bear interest at the |
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| 720 | + | annual rate of 3 6 percent from the date of the original payment to the date when |
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| 721 | + | the refund is made. The time for making additional levies of license fees or claims |
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| 722 | + | for refunds of excess license fees paid, in respect to any year, shall be limited to 4 |
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| 723 | + | years after the time the report for such year was filed. |
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| 724 | + | SECTION 26. 76.28 (11) of the statutes is amended to read: |
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| 725 | + | 76.28 (11) PAYMENT BEFORE CONTESTING. No action or proceeding, except a |
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| 726 | + | petition for redetermination under sub. (4), may be brought by a light, heat or power |
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| 727 | + | company against this state to contest any assessment of a tax under this section |
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| 728 | + | unless the taxpayer first pays to this state the amount of tax assessed. If the |
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| 729 | + | taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer, |
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| 730 | + | including payment of interest at 3 6 percent per year on the amount of the money |
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| 731 | + | paid from the date of payment until the date of judgment. |
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| 732 | + | SECTION 27. 76.39 (4) (d) of the statutes is amended to read: |
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| 733 | + | 76.39 (4) (d) All refunds shall be certified by the department to the department |
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| 734 | + | of administration which shall audit the amount of the refunds and the secretary of |
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| 735 | + | administration shall pay the amount, together with interest at the rate of 3 6 percent |
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| 736 | + | per year from the date payment was made. All additional taxes shall bear interest |
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| 737 | + | at the rate of 12 6 percent per year from the time they should have been paid to the |
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| 738 | + | date upon which the additional taxes shall become delinquent if unpaid. |
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| 739 | + | SECTION 28. 76.48 (5) of the statutes is amended to read: |
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| 764 | + | 25 - 16 -2023 - 2024 Legislature LRB-5872/1 |
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| 765 | + | KP:skw |
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| 766 | + | SECTION 28 ASSEMBLY BILL 1089 |
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| 767 | + | 76.48 (5) Additional assessments may be made, if notice of such assessment is |
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| 768 | + | given, within 4 years of the date the annual return was filed, but if no return was |
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| 769 | + | filed, or if the return filed was incorrect and was filed with intent to defeat or evade |
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| 770 | + | the tax, an additional assessment may be made at any time upon the discovery of |
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| 771 | + | gross revenues by the department. Refunds may be made if a claim for the refund |
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| 772 | + | is filed in writing with the department within 4 years of the date the annual return |
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| 773 | + | was filed. Refunds shall bear interest at the rate of 3 6 percent per year and shall |
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| 774 | + | be certified by the department to the secretary of administration who shall audit the |
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| 775 | + | amounts of such overpayments and pay the amount audited. Additional |
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| 776 | + | assessments shall bear interest at the rate of 12 6 percent per year from the time they |
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| 777 | + | should have been paid to the date upon which they shall become delinquent if unpaid. |
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| 778 | + | SECTION 29. 77.59 (6) (c) of the statutes is amended to read: |
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| 779 | + | 77.59 (6) (c) The department shall notify any person who files a petition for |
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| 780 | + | redetermination that the person may deposit the entire deficiency determination, |
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| 781 | + | including any penalty or interest, with the department when the petition is filed or |
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| 782 | + | at any time before the department makes its redetermination. Any deposited |
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| 783 | + | amount which is refunded shall bear interest at the rate of 3 6 percent per year |
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| 784 | + | during the time the funds were on deposit. A person may also pay any portion of a |
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| 785 | + | deficiency determination admitted to be correct and the payment shall be considered |
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| 786 | + | an admission of the validity of that portion of the deficiency determination and may |
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| 787 | + | not be recovered in an appeal or in any other action or proceeding. |
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| 788 | + | SECTION 30. 77.60 (1) (a) of the statutes is renumbered 77.60 (1) (a) (intro.) and |
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89 | | - | 71.775 (4) (bm) 1. For the return under par. (a), the |
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90 | | - | department shall allow an automatic extension of 7 |
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91 | | - | months or until the corresponding due date of the pass− |
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92 | | - | through entity’s federal income tax return or return of |
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93 | | - | partnership income, whichever is later. Except for pay- |
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94 | | - | ments of estimated taxes, and except as provided in subd. |
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95 | | - | 2., withholding taxes payable upon filing the return are |
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96 | | - | not delinquent during the extension period but shall be |
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97 | | - | subject to interest at the rate of 12 6 percent per year dur- |
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98 | | - | ing that period. |
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99 | | - | SECTION 6. 71.775 (4) (bm) 2. of the statutes is |
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100 | | - | amended to read: |
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101 | | - | 71.775 (4) (bm) 2. For taxable years beginning after |
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102 | | - | December 31, 2008, for persons who qualify for a federal |
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103 | | - | extension of time to file under 26 USC 7508A due to a |
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104 | | - | presidentially declared disaster or terroristic or military |
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105 | | - | action, withholding taxes that are otherwise due from a |
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106 | | - | pass−through entity under sub. (2) are not subject to 12 |
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107 | | - | 6 percent interest as otherwise provided under subd. 1. |
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108 | | - | during the extension period and for 30 days after the end |
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109 | | - | of the federal extension period. |
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110 | | - | SECTION 7. 71.775 (4) (em) of the statutes is amended |
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111 | | - | to read: |
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112 | | - | 71.775 (4) (em) Except as provided in par. (fm), in the |
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113 | | - | case of any underpayment of estimated withholding taxes |
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114 | | - | under par. (cm), interest shall be added to the aggregate |
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115 | | - | withholding tax for the taxable year at the rate of 12 6 per- |
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116 | | - | cent per year on the amount of the underpayment for the |
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117 | | - | period of the underpayment. In this paragraph, “period |
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118 | | - | of the underpayment” means the time period beginning |
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119 | | - | with the due date of the installment and ending on either |
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120 | | - | the unextended due date of the return under par. (a) or the |
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121 | | - | date of payment, whichever is earlier. If 90 percent of the |
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122 | | - | tax due under sub. (2) for the taxable year is not paid by |
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123 | | - | the unextended due date of the return under par. (a), the |
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124 | | - | difference between that amount and the estimated taxes |
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125 | | - | paid, along with any interest due, shall accrue delinquent |
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126 | | - | interest in the same manner as income and franchise taxes |
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127 | | - | under s. 71.82 (2) (a). |
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128 | | - | SECTION 8. 71.82 (1) of the statutes is amended to |
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129 | | - | read: |
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130 | | - | 71.82 (1) NORMAL. (a) In assessing taxes interest |
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131 | | - | shall be added to such taxes at 12 6 percent per year from |
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132 | | - | the date on which such taxes if originally assessed would |
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133 | | - | have become delinquent if unpaid, to the date on which |
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134 | | - | such taxes when subsequently assessed will become |
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135 | | - | delinquent if unpaid. |
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136 | | - | (b) Except as otherwise specifically provided, in |
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137 | | - | crediting overpayments of income and surtaxes against |
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138 | | - | underpayments or against taxes to be subsequently col- |
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139 | | - | lected and in certifying refunds of such taxes interest |
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140 | | - | shall be added at the rate of 3 6 percent per year from the |
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141 | | - | date on which such taxes when assessed would have |
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142 | | - | become delinquent if unpaid to the date on which such |
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143 | | - | overpayment was certified for refund except that if any |
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144 | | - | overpayment of tax is certified for refund within 90 days |
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145 | | - | after the last date prescribed for filing the return of such |
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146 | | - | tax or 90 days after the date of actual filing of the return |
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147 | | - | of such tax, whichever occurs later, no interest shall be |
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148 | | - | allowed on such overpayment. For purposes of this sec- |
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149 | | - | tion the return of such tax shall not be deemed actually |
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150 | | - | filed by an employee unless and until the employee has |
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151 | | - | included the written statement required to be filed under |
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152 | | - | s. 71.65 (1). However when any part of a tax paid on an |
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153 | | - | estimate of income, whether paid in connection with a |
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154 | | - | tentative return or not, is refunded or credited to a tax- |
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155 | | - | payer, such refund or credit shall not draw interest. |
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156 | | - | (c) Any assessment made as a result of the adjustment |
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157 | | - | or disallowance of a claim for credit under s. 71.07, 71.28 |
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158 | | - | or 71.47 or subch. VIII or IX, except as provided in sub. |
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159 | | - | (2) (c), shall bear interest at 12 6 percent per year from the |
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160 | | - | due date of the claim. |
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161 | | - | SECTION 9. 71.82 (2) (b) of the statutes is amended |
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162 | | - | to read: |
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163 | | - | 71.82 (2) (b) Department may reduce delinquent |
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164 | | - | interest. The department shall provide by rule for reduc- |
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165 | | - | tion of interest under par. (a) to 12 6 percent per year in − 3 − 2023 Wisconsin Act 2023 Assembly Bill 1089 |
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166 | | - | stated instances wherein the secretary of revenue deter- |
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167 | | - | mines that reduction is fair and equitable. |
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168 | | - | SECTION 10. 71.82 (2) (d) of the statutes is amended |
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169 | | - | to read: |
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170 | | - | 71.82 (2) (d) Withholding tax. Of the amounts |
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171 | | - | required to be withheld any amount not deposited or paid |
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172 | | - | over to the department within the time required shall be |
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173 | | - | deemed delinquent and deposit reports or withholding |
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174 | | - | reports filed after the due date shall be deemed late. |
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175 | | - | Delinquent deposits or payments shall bear interest at the |
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176 | | - | rate of 1.5 percent per month from the date deposits or |
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177 | | - | payments are required under this section until deposited |
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178 | | - | or paid over to the department. The department shall pro- |
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179 | | - | vide by rule for reduction of interest on delinquent |
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180 | | - | deposits to 12 6 percent per year in stated instances |
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181 | | - | wherein the secretary of revenue determines reduction |
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182 | | - | fair and equitable. In the case of a timely filed deposit or |
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183 | | - | withholding report, withheld taxes shall become delin- |
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184 | | - | quent if not deposited or paid over on or before the due |
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185 | | - | date of the report. In the case of no report filed or a report |
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186 | | - | filed late, withheld taxes shall become delinquent if not |
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187 | | - | deposited or paid over by the due date of the report. In |
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188 | | - | the case of an assessment under s. 71.83 (1) (b) 2., the |
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189 | | - | amount assessed shall become delinquent if not paid on |
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190 | | - | or before the first day of the calendar month following the |
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191 | | - | calendar month in which the assessment becomes final, |
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192 | | - | but if the assessment is contested before the tax appeals |
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193 | | - | commission or in the courts, it shall become delinquent |
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194 | | - | on the 30th day following the date on which the order or |
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195 | | - | judgment representing final determination becomes |
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196 | | - | final. |
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197 | | - | SECTION 11. 71.84 (1) of the statutes is amended to |
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198 | | - | read: |
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199 | | - | 71.84 (1) INDIVIDUALS AND FIDUCIARIES. Except as |
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200 | | - | provided in s. 71.09 (11), in the case of any underpayment |
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201 | | - | of estimated tax by an individual, estate or trust, except |
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202 | | - | as provided under s. 71.09, there shall be added to the |
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203 | | - | aggregate tax for the taxable year interest at the rate of 12 |
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204 | | - | 6 percent per year on the amount of the underpayment for |
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205 | | - | the period of the underpayment. In this subsection, “the |
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206 | | - | period of the underpayment” means the time period from |
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207 | | - | the due date of the installment until either the 15th day of |
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208 | | - | the 4th month beginning after the end of the taxable year |
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209 | | - | or the date of payment, whichever is earlier. |
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210 | | - | SECTION 12. 71.84 (2) (a) of the statutes is amended |
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211 | | - | to read: |
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212 | | - | 71.84 (2) (a) Except as provided in s. 71.29 (7), in the |
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213 | | - | case of any underpayment of estimated tax by a corpora- |
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214 | | - | tion under s. 71.29 or 71.48, there shall be added to the |
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215 | | - | aggregate tax for the taxable year interest at the rate of 12 |
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216 | | - | 6 percent per year on the amount of the underpayment for |
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217 | | - | the period of the underpayment. In this paragraph, |
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218 | | - | “period of the underpayment” means the time period |
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219 | | - | from the due date of the installment until either the date |
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220 | | - | on which the corporation is required to file for federal |
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221 | | - | income tax purposes, not including any extension, under |
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222 | | - | the Internal Revenue Code or the date of payment, which- |
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223 | | - | ever is earlier. If 90 percent of the tax shown on the return |
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224 | | - | is not paid by the date on which the corporation is |
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225 | | - | required to file for federal income tax purposes, not |
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226 | | - | including any extension, under the Internal Revenue |
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227 | | - | Code, the difference between that amount and the esti- |
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228 | | - | mated taxes paid, along with any interest due, shall |
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229 | | - | accrue delinquent interest under s. 71.91 (1) (a). |
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230 | | - | SECTION 13. 71.84 (2) (b) of the statutes is amended |
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231 | | - | to read: |
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232 | | - | 71.84 (2) (b) For corporations that are subject to a tax |
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233 | | - | under this chapter on unrelated business taxable income, |
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234 | | - | as defined under section 512 of the internal revenue code, |
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235 | | - | and virtually exempt entities, “period of the underpay- |
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236 | | - | ment” means the time period from the due date of the |
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237 | | - | installment until either the 15th day of the 5th month |
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238 | | - | beginning after the end of the taxable year or the date of |
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239 | | - | payment, whichever is earlier. If 90 percent of the tax |
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240 | | - | shown on the return is not paid by the 15th day of the 5th |
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241 | | - | month following the close of the taxable year, the differ- |
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242 | | - | ence between that amount and the estimated taxes paid |
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243 | | - | along with any interest due, shall accrue delinquent inter- |
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244 | | - | est under s. 71.91 (1) (a). |
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245 | | - | SECTION 14. 71.84 (2) (c) of the statutes is amended |
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246 | | - | to read: |
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247 | | - | 71.84 (2) (c) If a refund under s. 71.29 (3m) results |
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248 | | - | in an income or franchise tax liability that is greater than |
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249 | | - | the amount of estimated taxes paid when reduced by the |
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250 | | - | amount of the refund, the taxpayer shall add to the aggre- |
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251 | | - | gate tax for the taxable year interest at an annual rate of |
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252 | | - | 12 6 percent on the amount of the unpaid tax liability for |
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253 | | - | the period beginning on the date the refund is issued and |
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254 | | - | ending on either the date on which the taxpayer is |
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255 | | - | required to file for federal income tax purposes, not |
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256 | | - | including any extension, under the Internal Revenue |
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257 | | - | Code or the date the tax liability is paid, whichever is ear- |
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258 | | - | lier. |
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259 | | - | SECTION 15. 71.90 (1) of the statutes is amended to |
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260 | | - | read: |
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261 | | - | 71.90 (1) DEPOSIT. The department shall notify any |
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262 | | - | person who files a petition for redetermination that the |
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263 | | - | person may deposit the amount of an additional assess- |
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264 | | - | ment, including any interest or penalty, with the depart- |
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265 | | - | ment, or with a person that the department prescribes, at |
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266 | | - | any time before the department makes its redetermina- |
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267 | | - | tion. The department shall notify spouses jointly except |
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268 | | - | that, if the spouses have different addresses and if either |
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269 | | - | spouse notifies the department in writing of those |
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270 | | - | addresses, the department shall serve a duplicate of the |
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271 | | - | original notice on the spouse who has the address other |
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272 | | - | than the address to which the original notice was sent. |
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273 | | - | Amounts deposited under this subsection shall be subject |
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274 | | - | to the interest provided by s. 71.82 only to the extent of |
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275 | | - | the interest accrued prior to the first day of the month suc- |
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276 | | - | ceeding the date of deposit. Any deposited amount which |
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277 | | - | is refunded shall bear interest at the rate of 3 6 percent − 4 −2023 Wisconsin Act 2023 Assembly Bill 1089 |
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278 | | - | per year during the time the funds were on deposit. A per- |
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279 | | - | son may also pay any portion of an assessment which is |
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280 | | - | admitted to be correct and the payment shall be consid- |
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281 | | - | ered an admission of the validity of that portion of the |
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282 | | - | assessment and may not be recovered in an appeal or in |
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283 | | - | any other action or proceeding. |
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284 | | - | SECTION 16. 71.91 (6) (e) 3. of the statutes is |
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285 | | - | amended to read: |
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286 | | - | 71.91 (6) (e) 3. For purposes of an adjudication under |
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287 | | - | this paragraph, the assessment of the tax upon which the |
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288 | | - | interest or lien of the department is based is conclusively |
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289 | | - | presumed to be valid. Interest shall be allowed for judg- |
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290 | | - | ments under this paragraph at the rate of 12 6 percent per |
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291 | | - | year from the date the department receives the money |
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292 | | - | wrongfully levied upon to the date of payment of the |
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293 | | - | judgment or from the date of sale to the date of payment. |
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294 | | - | SECTION 17. 71.91 (6) (f) 5. of the statutes is amended |
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295 | | - | to read: |
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296 | | - | 71.91 (6) (f) 5. Before the sale, the department shall |
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297 | | - | determine a minimum price for which the property shall |
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298 | | - | be sold. If no person offers for that property at the sale |
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299 | | - | at least the amount of the minimum price, the state shall |
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300 | | - | purchase the property for the minimum price; other- |
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301 | | - | wise, the property shall be sold to the highest bidder. In |
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302 | | - | determining the minimum price, the department shall |
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303 | | - | take into account the expense of making the levy and |
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304 | | - | sale in addition to the value of the property. If payment |
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305 | | - | in full is required at the time of acceptance of a bid and |
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306 | | - | is not paid then, the department shall sell the property in |
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307 | | - | the manner provided under this paragraph. If the condi- |
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308 | | - | tions of the sale permit part of the payment to be deferred |
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309 | | - | and if that part is not paid within the prescribed period, |
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310 | | - | the department may sue the purchaser in the circuit court |
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311 | | - | for Dane County for the unpaid part of the purchase |
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312 | | - | price and interest at the rate of 12 6 percent per year from |
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313 | | - | the date of the sale or the department may declare the |
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314 | | - | sale void and may sell the property again under this para- |
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315 | | - | graph. If the property is sold again, the 2nd purchaser |
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316 | | - | shall receive it free of any claim of the defaulting pur- |
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317 | | - | chaser and the amount paid upon the bid price by the |
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318 | | - | defaulting purchaser is forfeited. |
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319 | | - | SECTION 18. 73.03 (6) of the statutes is amended to |
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320 | | - | read: |
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321 | | - | 73.03 (6) In its discretion to inspect and examine or |
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322 | | - | cause an inspection and examination of the records of any |
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323 | | - | town, city, village, or county officer whenever such offi- |
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324 | | - | cer shall have failed or neglected to return properly the |
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325 | | - | information as required by sub. (5), within the time set by |
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326 | | - | the department of revenue. Upon the completion of such |
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327 | | - | inspection and examination the department of revenue |
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328 | | - | shall transmit to the clerk of the town, city, village, or |
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329 | | - | county a statement of the expenses incurred by the |
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330 | | - | department of revenue to secure the necessary informa- |
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331 | | - | tion. Duplicates of such statements shall be filed in the |
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332 | | - | office of the secretary of administration. Within 60 days |
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333 | | - | after the receipt of the above statement, the same shall be |
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334 | | - | audited, as other claims of towns, cities, villages, and |
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335 | | - | counties are audited, and shall be paid into the state trea- |
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336 | | - | sury, in default of which the same shall become a special |
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337 | | - | charge against such town, city, village, or county and be |
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338 | | - | included in the next apportionment or certification of |
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339 | | - | state taxes and charges, and collected with interest at the |
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340 | | - | rate of 10 6 percent per year from the date such statements |
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341 | | - | were certified by the department, as other special charges |
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342 | | - | are certified and collected. |
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343 | | - | SECTION 19. 76.075 of the statutes is amended to |
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344 | | - | read: |
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345 | | - | 76.075 Adjustments of assessments. Within 4 years |
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346 | | - | after the due date, or extended due date, of the report |
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347 | | - | under s. 76.04, any person subject to taxation under this |
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348 | | - | subchapter may request the department to make, or the |
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349 | | - | department may make, an adjustment to the data under s. |
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350 | | - | 76.07 (4g) or (4r) submitted by the person. If an adjust- |
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351 | | - | ment under this section results in an increase in the tax |
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352 | | - | due under this subchapter, the person shall pay the |
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353 | | - | amount of the tax increase plus interest on that amount at |
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354 | | - | the rate of 1 0.5 percent per month from the due date or |
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355 | | - | extended due date of the report under s. 76.04 until the |
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356 | | - | date of final determination and interest at the rate of 1.5 |
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357 | | - | percent per month from the date of final determination |
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358 | | - | until the date of payment. If an adjustment under this sec- |
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359 | | - | tion results in a decrease in the tax due under this sub- |
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360 | | - | chapter, the department shall refund the appropriate |
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361 | | - | amount plus interest at the rate of 0.25 0.5 percent per |
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362 | | - | month from the due date or extended due date under s. |
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363 | | - | 76.04 until the date of refund. Sections 71.74 (1) and (2) |
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364 | | - | and 71.75 (6) and (7), as they apply to income and fran- |
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365 | | - | chise tax adjustments, apply to adjustments under this |
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366 | | - | section. Review of the adjustments is as stated in s. 76.08. |
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367 | | - | SECTION 20. 76.13 (2) of the statutes is amended to |
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368 | | - | read: |
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369 | | - | 76.13 (2) Every tax roll upon completion shall be |
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370 | | - | delivered to the secretary of administration. The depart- |
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371 | | - | ment shall notify, by certified mail, all companies listed |
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372 | | - | on the tax roll of the amount of tax due, which shall be |
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373 | | - | paid to the department. The payment dates provided for |
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374 | | - | in sub. (2a) shall apply. The payment of one−fourth of the |
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375 | | - | tax of any company may, if the company has brought an |
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376 | | - | action in the Dane County circuit court under s. 76.08, be |
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377 | | - | made without delinquent interest as provided in s. 76.14 |
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378 | | - | any time prior to the date upon which the appeal becomes |
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379 | | - | final, but any part of the tax ultimately required to be paid |
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380 | | - | shall bear interest from the original due date to the date |
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381 | | - | the appeal became final at the rate of 12 6 percent per year |
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382 | | - | and at 1.5 percent per month thereafter until paid. The |
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383 | | - | taxes extended against any company after the same |
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384 | | - | become due, with interest, shall be a lien upon all the |
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385 | | - | property of the company prior to all other liens, claims, |
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386 | | - | and demands whatsoever, except as provided in ss. |
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387 | | - | 292.31 (8) (i) and 292.81, which lien may be enforced in |
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388 | | - | an action in the name of the state in any court of compe- − 5 − 2023 Wisconsin Act 2023 Assembly Bill 1089 |
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389 | | - | tent jurisdiction against the property of the company |
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390 | | - | within the state as an entirety. |
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391 | | - | SECTION 21. 76.13 (2a) of the statutes is amended to |
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392 | | - | read: |
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393 | | - | 76.13 (2a) Taxes levied under this section shall be |
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394 | | - | paid to the department in semiannual installments, on |
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395 | | - | May 10 and November 10, on a partially estimated basis. |
---|
396 | | - | The May 10 payment shall be at least 50 percent of the |
---|
397 | | - | total tax assessed for the previous calendar year or 40 per- |
---|
398 | | - | cent of the tax assessed for the current calendar year. Any |
---|
399 | | - | amounts not paid when due shall become delinquent and |
---|
400 | | - | shall be subject to interest under s. 76.14. The payment |
---|
401 | | - | of 25 percent of the tax of any company may, if the com- |
---|
402 | | - | pany has brought an action in the Dane County circuit |
---|
403 | | - | court under s. 76.08, be made without delinquent interest |
---|
404 | | - | as provided in s. 76.14 any time prior to the date upon |
---|
405 | | - | which the appeal becomes final, but any part thereof ulti- |
---|
406 | | - | mately required to be paid shall bear interest from the |
---|
407 | | - | original due date to the date the appeal becomes final at |
---|
408 | | - | the rate of 12 6 percent per year and at 1.5 percent per |
---|
409 | | - | month thereafter until paid. Companies with a tax liabil- |
---|
410 | | - | ity under this section of less than $2,000 are not required |
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411 | | - | to make semiannual payments but shall pay the full |
---|
412 | | - | amount of taxes due on or before November 10. |
---|
413 | | - | SECTION 22. 76.13 (3) of the statutes is amended to |
---|
414 | | - | read: |
---|
415 | | - | 76.13 (3) If the Dane County circuit court, after such |
---|
416 | | - | roll is delivered to the secretary of administration, |
---|
417 | | - | increases or decreases the assessment of any company, |
---|
418 | | - | the department shall immediately redetermine the tax of |
---|
419 | | - | the company on the basis of the revised assessment, and |
---|
420 | | - | shall certify and deliver the revised assessment to the sec- |
---|
421 | | - | retary of administration as a revision of the tax roll. If the |
---|
422 | | - | amount of tax upon the assessment as determined by the |
---|
423 | | - | court is less than the amount paid by the company, the |
---|
424 | | - | secretary of administration shall refund the excess to the |
---|
425 | | - | company with interest at the rate of 3 6 percent per year. |
---|
426 | | - | If the amount of the tax upon the assessment as deter- |
---|
427 | | - | mined by the court is in excess of the amount of the tax |
---|
428 | | - | as determined by the department, interest shall be paid on |
---|
429 | | - | the additional amount at the rate of 12 6 percent per year |
---|
430 | | - | from the date of entry of judgment to the date the judg- |
---|
431 | | - | ment becomes final, and at 1.5 percent per month there- |
---|
432 | | - | after until paid. |
---|
433 | | - | SECTION 23. 76.22 (2) of the statutes is amended to |
---|
434 | | - | read: |
---|
435 | | - | 76.22 (2) The action to recover taxes and interest and |
---|
436 | | - | to enforce the same as a lien shall be an action in equity |
---|
437 | | - | and shall be commenced and carried on and judgment |
---|
438 | | - | entered according to the laws of the state and the rules and |
---|
439 | | - | practice of courts of equity so far as applicable. No refer- |
---|
440 | | - | ence shall be made to take testimony or to hear, try and |
---|
441 | | - | determine the issues of fact in the action. The judgment |
---|
442 | | - | shall fix the amount of taxes and interest, adjudge the |
---|
443 | | - | same a lien on the property of the company and provide |
---|
444 | | - | for the sale of such property in 90 days after the entry of |
---|
445 | | - | judgment upon publication of the notice of sale as a class |
---|
446 | | - | 3 notice, under ch. 985. The judgment shall bear interest |
---|
447 | | - | at the rate of 10 6 percent per year from the date of entry |
---|
448 | | - | until finally paid. |
---|
449 | | - | SECTION 24. 76.28 (4) (a) of the statutes is amended |
---|
450 | | - | to read: |
---|
451 | | - | 76.28 (4) (a) If after filing the reports specified in sub. |
---|
452 | | - | (7) and after the department’s computation and assess- |
---|
453 | | - | ment of license fees under sub. (2) it is determined that |
---|
454 | | - | the amount of gross revenues reported is in error, the |
---|
455 | | - | department shall compute the additional license fee to be |
---|
456 | | - | paid or the amount of the overpayment of license fee to |
---|
457 | | - | be refunded, as the case may be. If an additional license |
---|
458 | | - | fee is due, the department shall give notice to the light, |
---|
459 | | - | heat and power company against whom the license fee is |
---|
460 | | - | to be levied. All such additional assessments and claims |
---|
461 | | - | for refunds for excess license fees paid are subject to the |
---|
462 | | - | same procedure for review and final determination as |
---|
463 | | - | additional income or franchise tax assessments and |
---|
464 | | - | claims for refunds under ch. 71 as far as the same may be |
---|
465 | | - | applicable, except that appeals of denials of claims for |
---|
466 | | - | refunds shall be made directly to the tax appeals commis- |
---|
467 | | - | sion and except that the additional license fees shall |
---|
468 | | - | become delinquent 60 days after notice provided in this |
---|
469 | | - | subsection or, if review proceedings are held, 60 days fol- |
---|
470 | | - | lowing final determination of the review proceedings. |
---|
471 | | - | All additional license fees shall bear interest at the rate of |
---|
472 | | - | 12 6 percent per year from the time they should have been |
---|
473 | | - | paid to the date on which the additional fees shall become |
---|
474 | | - | delinquent if unpaid. |
---|
475 | | - | SECTION 25. 76.28 (4) (b) of the statutes is amended |
---|
476 | | - | to read: |
---|
477 | | - | 76.28 (4) (b) In the case of overpayments of license |
---|
478 | | - | fees by any light, heat and power company under par. (a), |
---|
479 | | - | the department shall certify the overpayments to the |
---|
480 | | - | department of administration, which shall audit the |
---|
481 | | - | amount of the overpayments and the secretary of admin- |
---|
482 | | - | istration shall pay the amounts determined by means of |
---|
483 | | - | the audit. All refunds of license fees under this subsec- |
---|
484 | | - | tion shall bear interest at the annual rate of 3 6 percent |
---|
485 | | - | from the date of the original payment to the date when the |
---|
486 | | - | refund is made. The time for making additional levies of |
---|
487 | | - | license fees or claims for refunds of excess license fees |
---|
488 | | - | paid, in respect to any year, shall be limited to 4 years |
---|
489 | | - | after the time the report for such year was filed. |
---|
490 | | - | SECTION 26. 76.28 (11) of the statutes is amended to |
---|
491 | | - | read: |
---|
492 | | - | 76.28 (11) PAYMENT BEFORE CONTESTING. No action |
---|
493 | | - | or proceeding, except a petition for redetermination |
---|
494 | | - | under sub. (4), may be brought by a light, heat or power |
---|
495 | | - | company against this state to contest any assessment of |
---|
496 | | - | a tax under this section unless the taxpayer first pays to |
---|
497 | | - | this state the amount of tax assessed. If the taxpayer pre- |
---|
498 | | - | vails in an action or proceeding, this state shall settle with |
---|
499 | | - | the taxpayer, including payment of interest at 3 6 percent − 6 −2023 Wisconsin Act 2023 Assembly Bill 1089 |
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500 | | - | per year on the amount of the money paid from the date |
---|
501 | | - | of payment until the date of judgment. |
---|
502 | | - | SECTION 27. 76.39 (4) (d) of the statutes is amended |
---|
503 | | - | to read: |
---|
504 | | - | 76.39 (4) (d) All refunds shall be certified by the |
---|
505 | | - | department to the department of administration which |
---|
506 | | - | shall audit the amount of the refunds and the secretary of |
---|
507 | | - | administration shall pay the amount, together with inter- |
---|
508 | | - | est at the rate of 3 6 percent per year from the date pay- |
---|
509 | | - | ment was made. All additional taxes shall bear interest |
---|
510 | | - | at the rate of 12 6 percent per year from the time they |
---|
511 | | - | should have been paid to the date upon which the addi- |
---|
512 | | - | tional taxes shall become delinquent if unpaid. |
---|
513 | | - | SECTION 28. 76.48 (5) of the statutes is amended to |
---|
514 | | - | read: |
---|
515 | | - | 76.48 (5) Additional assessments may be made, if |
---|
516 | | - | notice of such assessment is given, within 4 years of the |
---|
517 | | - | date the annual return was filed, but if no return was filed, |
---|
518 | | - | or if the return filed was incorrect and was filed with |
---|
519 | | - | intent to defeat or evade the tax, an additional assessment |
---|
520 | | - | may be made at any time upon the discovery of gross rev- |
---|
521 | | - | enues by the department. Refunds may be made if a claim |
---|
522 | | - | for the refund is filed in writing with the department |
---|
523 | | - | within 4 years of the date the annual return was filed. |
---|
524 | | - | Refunds shall bear interest at the rate of 3 6 percent per |
---|
525 | | - | year and shall be certified by the department to the secre- |
---|
526 | | - | tary of administration who shall audit the amounts of |
---|
527 | | - | such overpayments and pay the amount audited. Addi- |
---|
528 | | - | tional assessments shall bear interest at the rate of 12 6 |
---|
529 | | - | percent per year from the time they should have been paid |
---|
530 | | - | to the date upon which they shall become delinquent if |
---|
531 | | - | unpaid. |
---|
532 | | - | SECTION 29. 77.59 (6) (c) of the statutes is amended |
---|
533 | | - | to read: |
---|
534 | | - | 77.59 (6) (c) The department shall notify any person |
---|
535 | | - | who files a petition for redetermination that the person |
---|
536 | | - | may deposit the entire deficiency determination, includ- |
---|
537 | | - | ing any penalty or interest, with the department when the |
---|
538 | | - | petition is filed or at any time before the department |
---|
539 | | - | makes its redetermination. Any deposited amount which |
---|
540 | | - | is refunded shall bear interest at the rate of 3 6 percent |
---|
541 | | - | per year during the time the funds were on deposit. A per- |
---|
542 | | - | son may also pay any portion of a deficiency determina- |
---|
543 | | - | tion admitted to be correct and the payment shall be con- |
---|
544 | | - | sidered an admission of the validity of that portion of the |
---|
545 | | - | deficiency determination and may not be recovered in an |
---|
546 | | - | appeal or in any other action or proceeding. |
---|
547 | | - | SECTION 30. 77.60 (1) (a) of the statutes is renum- |
---|
548 | | - | bered 77.60 (1) (a) (intro.) and amended to read: |
---|
549 | | - | 77.60 (1) (a) (intro.) Except as provided in par. (b), |
---|
550 | | - | unpaid the following interest rates apply: |
---|
551 | | - | 1. Unpaid taxes shall bear interest at the rate of 12 6 |
---|
552 | | - | percent per year from the unextended due date of the |
---|
553 | | - | return until paid or deposited with the department. |
---|
554 | | - | 2. Taxes refunded to the seller shall bear interest at |
---|
555 | | - | 3 6 percent per year from the due date of the return to the |
---|
556 | | - | date on which the refund is certified on the refund rolls. |
---|
557 | | - | An extension of time within which to file a return shall |
---|
558 | | - | not extend the due date of the return for purposes of inter- |
---|
559 | | - | est computation. |
---|
560 | | - | 3. Taxes refunded to the buyer shall bear interest at |
---|
561 | | - | 3 6 percent per year from the last day of the month fol- |
---|
562 | | - | lowing the month during which the buyer paid the tax to |
---|
563 | | - | the date on which the refund is certified on the refund |
---|
564 | | - | rolls. |
---|
565 | | - | SECTION 31. 77.60 (1) (b) of the statutes is renum- |
---|
566 | | - | bered 77.60 (1) (b) 1. and amended to read: |
---|
567 | | - | 77.60 (1) (b) 1. Any unpaid taxes for a calendar year |
---|
568 | | - | or a fiscal year resulting from a field audit shall bear inter- |
---|
569 | | - | est at the rate of 12 6 percent per year from the unex- |
---|
570 | | - | tended due date of the taxpayer’s Wisconsin income or |
---|
571 | | - | franchise tax return for that calendar or fiscal year or, if |
---|
572 | | - | exempt the filing of an income or franchise tax return |
---|
573 | | - | under ch. 71 is not required, from the 15th day of the 4th |
---|
574 | | - | month of the year after the close of the calendar or fiscal |
---|
575 | | - | year for which the taxes are due to the date on which the |
---|
576 | | - | taxes are paid or, if unpaid, become delinquent, which- |
---|
577 | | - | ever is earlier. |
---|
578 | | - | SECTION 32. 77.60 (1) (b) 2. of the statutes is created |
---|
579 | | - | to read: |
---|
580 | | - | 77.60 (1) (b) 2. Taxes refunded as a result of a field |
---|
581 | | - | audit shall bear interest at the rate of 6 percent per year |
---|
582 | | - | from the unextended due date of the taxpayer’s income |
---|
583 | | - | or franchise tax return for that calendar or fiscal year or, |
---|
584 | | - | if the filing of an income or franchise tax return under ch. |
---|
585 | | - | 71 is not required, from the 15th day of the 4th month of |
---|
586 | | - | the year after the close of the calendar or fiscal year to the |
---|
587 | | - | date on which the refund is certified on the refund rolls. |
---|
588 | | - | SECTION 33. 77.96 (5) of the statutes is amended to |
---|
589 | | - | read: |
---|
590 | | - | 77.96 (5) Each person subject to a surcharge under s. |
---|
591 | | - | 77.93 shall, on or before the due date, including exten- |
---|
592 | | - | sions, for filing under ch. 71, file an accurate statement |
---|
593 | | - | of its gross tax liability. Payments made after the due date |
---|
594 | | - | under sub. (2) and on or before the due date under this |
---|
595 | | - | subsection are not delinquent but are subject to interest at |
---|
596 | | - | the rate of 12 6 percent per year. |
---|
597 | | - | SECTION 34. 78.68 (1) of the statutes is amended to |
---|
598 | | - | read: |
---|
599 | | - | 78.68 (1) Unpaid taxes shall bear interest at the rate |
---|
600 | | - | of 12 6 percent per year from the due date of the tax until |
---|
601 | | - | paid or deposited with the department, and all refunded |
---|
602 | | - | taxes bear interest at the rate of 3 6 percent per year from |
---|
603 | | - | the due date of the return to the date on which the refund |
---|
604 | | - | is certified on the refund rolls. |
---|
605 | | - | SECTION 35. 139.25 (1) of the statutes is amended to |
---|
606 | | - | read: |
---|
607 | | - | 139.25 (1) INTEREST AND PENALTIES. Unpaid taxes |
---|
608 | | - | bear interest at the rate of 12 6 percent per year from the |
---|
609 | | - | due date of the return until paid or deposited with the |
---|
610 | | - | department, and all refunded taxes bear interest at the rate |
---|
611 | | - | of 3 6 percent per year from the due date of the return − 7 − 2023 Wisconsin Act 2023 Assembly Bill 1089 |
---|
612 | | - | to the date on which the refund is certified on the refund |
---|
613 | | - | rolls. |
---|
614 | | - | SECTION 36. 139.44 (9) of the statutes is amended to |
---|
615 | | - | read: |
---|
616 | | - | 139.44 (9) Unpaid taxes bear interest at the rate of 12 |
---|
617 | | - | 6 percent per year from the due date of the return until |
---|
618 | | - | paid or deposited with the department, and all refunded |
---|
619 | | - | taxes bear interest at the rate of 3 6 percent per year from |
---|
620 | | - | the due date of the return to the date on which the refund |
---|
621 | | - | is certified on the refund rolls. |
---|
622 | | - | SECTION 37. 168.12 (6) (c) of the statutes is amended |
---|
623 | | - | to read: |
---|
624 | | - | 168.12 (6) (c) The department of revenue shall inves- |
---|
625 | | - | tigate the correctness and veracity of the representations |
---|
626 | | - | in the claim and may require a claimant to submit records |
---|
627 | | - | to substantiate the claim. The department of revenue |
---|
628 | | - | shall either allow or deny a claim under this subsection |
---|
629 | | - | not later than 60 days after the filing of the claim. If the |
---|
630 | | - | department of revenue allows the claim, it shall pay the |
---|
631 | | - | claimant the amount allowed from the moneys appropri- |
---|
632 | | - | ated under s. 20.855 (4) (r). If the department of revenue |
---|
633 | | - | does not pay the allowance by the 90th day after the date |
---|
634 | | - | on which the purchaser files the claim, the department of |
---|
635 | | - | revenue shall also pay interest on the unpaid claim begin- |
---|
636 | | - | ning on that day, at the rate of 3 6 percent per year, from |
---|
637 | | - | the moneys appropriated under s. 20.855 (4) (r). |
---|
638 | | - | SECTION 38. 168.12 (6) (d) 2. of the statutes is |
---|
639 | | - | amended to read: |
---|
640 | | - | 168.12 (6) (d) 2. If the department of revenue has |
---|
641 | | - | paid the claim, require the purchaser to refund to the |
---|
642 | | - | department of revenue that portion of the amount paid |
---|
643 | | - | under par. (c) to which the purchaser is not entitled and |
---|
644 | | - | impose a penalty on the purchaser equal to 25 percent of |
---|
645 | | - | the allowance, plus interest on the sum of the unpaid |
---|
646 | | - | penalty and the amount required to be refunded, accruing |
---|
647 | | - | from the date that the penalty is imposed, at the rate of 12 |
---|
648 | | - | 6 percent per year. |
---|
649 | | - | SECTION 39. 168.12 (6) (e) 1. of the statutes is |
---|
650 | | - | amended to read: |
---|
651 | | - | 168.12 (6) (e) 1. If the claim has not been paid and the |
---|
652 | | - | department of revenue allows no portion of the claim, |
---|
653 | | - | impose a penalty on the purchaser equal to 50 percent of |
---|
654 | | - | the amount claimed by the purchaser, plus interest on the |
---|
655 | | - | unpaid penalty, accruing from the date that the penalty is |
---|
656 | | - | imposed, at the rate of 12 6 percent per year. |
---|
657 | | - | SECTION 40. 168.12 (6) (e) 3. of the statutes is |
---|
658 | | - | amended to read: |
---|
659 | | - | 168.12 (6) (e) 3. If the claim has been paid, require |
---|
660 | | - | the purchaser to refund to the department of revenue that |
---|
661 | | - | portion of the amount paid under par. (c) that the depart- |
---|
662 | | - | ment of revenue determines was fraudulently obtained |
---|
663 | | - | and impose a penalty on the purchaser equal to 50 percent |
---|
664 | | - | of the amount claimed by the purchaser, plus interest on |
---|
665 | | - | the sum of the unpaid penalty and the amount required to |
---|
666 | | - | be refunded, accruing from the date that the penalty is |
---|
667 | | - | imposed, at the rate of 12 6 percent per year. |
---|
| 832 | + | 77.60 (1) (b) 1. Any unpaid taxes for a calendar year or a fiscal year resulting |
---|
| 833 | + | from a field audit shall bear interest at the rate of 12 6 percent per year from the |
---|
| 834 | + | unextended due date of the taxpayer's Wisconsin income or franchise tax return for |
---|
| 835 | + | that calendar or fiscal year or, if exempt the filing of an income or franchise tax return |
---|
| 836 | + | under ch. 71 is not required, from the 15th day of the 4th month of the year after the |
---|
| 837 | + | close of the calendar or fiscal year for which the taxes are due to the date on which |
---|
| 838 | + | the taxes are paid or, if unpaid, become delinquent, whichever is earlier. |
---|
| 839 | + | SECTION 32. 77.60 (1) (b) 2. of the statutes is created to read: |
---|
| 840 | + | 77.60 (1) (b) 2. Taxes refunded as a result of a field audit shall bear interest at |
---|
| 841 | + | the rate of 6 percent per year from the unextended due date of the taxpayer's income |
---|
| 842 | + | or franchise tax return for that calendar or fiscal year or, if the filing of an income |
---|
| 843 | + | or franchise tax return under ch. 71 is not required, from the 15th day of the 4th |
---|
| 844 | + | month of the year after the close of the calendar or fiscal year to the date on which |
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| 845 | + | the refund is certified on the refund rolls. |
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| 870 | + | 25 - 18 -2023 - 2024 Legislature LRB-5872/1 |
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| 871 | + | KP:skw |
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| 872 | + | SECTION 33 ASSEMBLY BILL 1089 |
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| 873 | + | SECTION 33. 77.96 (5) of the statutes is amended to read: |
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| 874 | + | 77.96 (5) Each person subject to a surcharge under s. 77.93 shall, on or before |
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| 875 | + | the due date, including extensions, for filing under ch. 71, file an accurate statement |
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| 876 | + | of its gross tax liability. Payments made after the due date under sub. (2) and on or |
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| 877 | + | before the due date under this subsection are not delinquent but are subject to |
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| 878 | + | interest at the rate of 12 6 percent per year. |
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| 879 | + | SECTION 34. 78.68 (1) of the statutes is amended to read: |
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| 880 | + | 78.68 (1) Unpaid taxes shall bear interest at the rate of 12 6 percent per year |
---|
| 881 | + | from the due date of the tax until paid or deposited with the department, and all |
---|
| 882 | + | refunded taxes bear interest at the rate of 3 6 percent per year from the due date |
---|
| 883 | + | of the return to the date on which the refund is certified on the refund rolls. |
---|
| 884 | + | SECTION 35. 139.25 (1) of the statutes is amended to read: |
---|
| 885 | + | 139.25 (1) INTEREST AND PENALTIES. Unpaid taxes bear interest at the rate of |
---|
| 886 | + | 12 6 percent per year from the due date of the return until paid or deposited with the |
---|
| 887 | + | department, and all refunded taxes bear interest at the rate of 3 6 percent per year |
---|
| 888 | + | from the due date of the return to the date on which the refund is certified on the |
---|
| 889 | + | refund rolls. |
---|
| 890 | + | SECTION 36. 139.44 (9) of the statutes is amended to read: |
---|
| 891 | + | 139.44 (9) Unpaid taxes bear interest at the rate of 12 6 percent per year from |
---|
| 892 | + | the due date of the return until paid or deposited with the department, and all |
---|
| 893 | + | refunded taxes bear interest at the rate of 3 6 percent per year from the due date |
---|
| 894 | + | of the return to the date on which the refund is certified on the refund rolls. |
---|
| 895 | + | SECTION 37. 168.12 (6) (c) of the statutes is amended to read: |
---|
| 896 | + | 168.12 (6) (c) The department of revenue shall investigate the correctness and |
---|
| 897 | + | veracity of the representations in the claim and may require a claimant to submit |
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| 922 | + | 25 - 19 -2023 - 2024 Legislature |
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| 923 | + | LRB-5872/1 |
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| 924 | + | KP:skw |
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| 925 | + | SECTION 37 |
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| 926 | + | ASSEMBLY BILL 1089 |
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| 927 | + | records to substantiate the claim. The department of revenue shall either allow or |
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| 928 | + | deny a claim under this subsection not later than 60 days after the filing of the claim. |
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| 929 | + | If the department of revenue allows the claim, it shall pay the claimant the amount |
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| 930 | + | allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of |
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| 931 | + | revenue does not pay the allowance by the 90th day after the date on which the |
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| 932 | + | purchaser files the claim, the department of revenue shall also pay interest on the |
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| 933 | + | unpaid claim beginning on that day, at the rate of 3 6 percent per year, from the |
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| 934 | + | moneys appropriated under s. 20.855 (4) (r). |
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| 935 | + | SECTION 38. 168.12 (6) (d) 2. of the statutes is amended to read: |
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| 936 | + | 168.12 (6) (d) 2. If the department of revenue has paid the claim, require the |
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| 937 | + | purchaser to refund to the department of revenue that portion of the amount paid |
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| 938 | + | under par. (c) to which the purchaser is not entitled and impose a penalty on the |
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| 939 | + | purchaser equal to 25 percent of the allowance, plus interest on the sum of the unpaid |
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| 940 | + | penalty and the amount required to be refunded, accruing from the date that the |
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| 941 | + | penalty is imposed, at the rate of 12 6 percent per year. |
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| 942 | + | SECTION 39. 168.12 (6) (e) 1. of the statutes is amended to read: |
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| 943 | + | 168.12 (6) (e) 1. If the claim has not been paid and the department of revenue |
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| 944 | + | allows no portion of the claim, impose a penalty on the purchaser equal to 50 percent |
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| 945 | + | of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing |
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| 946 | + | from the date that the penalty is imposed, at the rate of 12 6 percent per year. |
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| 947 | + | SECTION 40. 168.12 (6) (e) 3. of the statutes is amended to read: |
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| 948 | + | 168.12 (6) (e) 3. If the claim has been paid, require the purchaser to refund to |
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| 949 | + | the department of revenue that portion of the amount paid under par. (c) that the |
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| 950 | + | department of revenue determines was fraudulently obtained and impose a penalty |
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| 951 | + | on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus |
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| 976 | + | 25 - 20 -2023 - 2024 Legislature LRB-5872/1 |
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| 977 | + | KP:skw |
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| 978 | + | SECTION 40 ASSEMBLY BILL 1089 |
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| 979 | + | interest on the sum of the unpaid penalty and the amount required to be refunded, |
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| 980 | + | accruing from the date that the penalty is imposed, at the rate of 12 6 percent per |
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| 981 | + | year. |
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