Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1021 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1021
5	5	February 13, 2024 - Introduced by Senator M ARKLEIN, cosponsored by
6	6	Representative WITTKE. Referred to Committee on Universities and Revenue.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to renumber and amend 77.60 (1) (a) and 77.60 (1) (b); to amend 70.38
9	9	(1m), 71.03 (7) (intro.), 71.24 (7) (a), 71.44 (3) (a), 71.775 (4) (bm) 1., 71.775 (4)
10	10	(bm) 2., 71.775 (4) (em), 71.82 (1), 71.82 (2) (b), 71.82 (2) (d), 71.84 (1), 71.84 (2)
11	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),
12	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
13	13	(11), 76.39 (4) (d), 76.48 (5), 77.59 (6) (c), 77.96 (5), 78.68 (1), 139.25 (1), 139.44
14	14	(9), 168.12 (6) (c), 168.12 (6) (d) 2., 168.12 (6) (e) 1. and 168.12 (6) (e) 3.; and to
15	15	create 77.60 (1) (b) 2. of the statutes; relating to: interest rates on late,
16	16	nondelinquent taxes and on overpayments.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill modifies the interest rates applicable to various late, nondelinquent
19	19	taxes and fees owed to the Department of Revenue and to overpayments for those
20	20	taxes and fees that are refunded by DOR. Under current law, generally, late,
21	21	nondelinquent taxes or fees administered by DOR are subject to an interest rate of
22	22	12 percent per year, and DOR must pay interest at the rate of 3 percent per year on
23	23	refunds of overpayments of those taxes or fees. Under the bill, the interest rate for
24	24	late, nondelinquent taxes or fees administered by DOR is 6 percent per year, and
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35	35	SENATE BILL 1021
36	36	DOR must pay interest at the rate of 6 percent per year on refunds of overpayments.
37	37	The bill applies to the following taxes and fees: 1) the individual income and
38	38	corporate income and franchise tax; 2) the withholding; 3) the sales and use tax; 4)
39	39	taxes paid by utilities and insurers; 5) excises taxes on motor vehicle fuel, alcohol
40	40	beverages, and cigarettes, tobacco, and vapor products; 6) the economic development
41	41	surcharge; 7) the petroleum inspection fee; 8) the metalliferous mining tax; and 9)
42	42	the charge imposed by DOR on a city, village, town, or county for the expenses
43	43	incurred by DOR in examining city, village, town, or county records regarding the
44	44	assessment of property upon failure to return information requested by DOR.
45	45	Also, current law requires that an interest rate of 12 percent per year apply to
46	46	delinquent individual income and corporate income and franchise taxes in instances
47	47	in which the secretary of DOR determines that reduction from an interest rate of 1.5
48	48	percent per month for such delinquent taxes is fair and equitable. The bill requires
49	49	that an interest rate of 6 percent per year apply to such delinquent taxes in instances
50	50	in which the DOR secretary determines that the reduction is fair and equitable.
51	51	For further information see the state fiscal estimate, which will be printed as
52	52	an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 70.38 (1m) of the statutes is amended to read:
56	56	70.38 (1m) ESTIMATED LIABILITY. Upon written request and for sufficient reason
57	57	shown, the department shall allow a person subject to the tax under s. 70.375 to file,
58	58	on or before June 15, a net proceeds tax return and to pay that tax based upon
59	59	estimated tax liability. On or before September 15, that person shall file a final report
60	60	and pay any additional tax due along with interest at the rate of 1 0.5 percent per
61	61	month from June 15 until the date of payment. If the additional tax exceeds 10
62	62	percent of the person's tax under s. 70.375 for the previous year, the penalty and
63	63	interest under s. 70.39 (1) apply. If the final report indicates that the person overpaid
64	64	the person's liability, the department shall refund the overpayment.
65	65	SECTION 2. 71.03 (7) (intro.) of the statutes is amended to read:
66	66	71.03 (7) EXTENSION OF TIME TO FILE. (intro.) Returns of natural persons and
67	67	fiduciaries that require a statement of amounts or information contained or entered
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83	83	SECTION 2
84	84	SENATE BILL 1021
85	85	on a corresponding return under the internal revenue code shall be filed within the
86	86	time fixed under that code for filing of the corresponding federal return. Any
87	87	extension of time granted by law or by the internal revenue service for the filing of
88	88	that corresponding federal return extends the time for filing under this chapter if a
89	89	copy of the taxpayer's application to the internal revenue service requesting the
90	90	extension is filed with the return under this chapter or if a copy of any request for
91	91	an extension required by the internal revenue service is filed with the return under
92	92	this chapter or at an earlier date that the department prescribes by rule and if the
93	93	taxpayer pays the Wisconsin tax in the manner applicable to federal income taxes
94	94	under the internal revenue code. Taxes payable upon the filing of the return do not
95	95	become delinquent during the period of an extension but are subject to interest at the
96	96	rate of 12 6 percent per year during such period except as follows:
97	97	SECTION 3. 71.24 (7) (a) of the statutes is amended to read:
98	98	71.24 (7) (a) In the case of a corporation required to file a return, the
99	99	department of revenue shall allow an automatic extension of 7 months or until the
100	100	original due date of the corporation's corresponding federal return, whichever is
101	101	later. Any extension of time granted by law or by the internal revenue service for the
102	102	filing of corresponding federal returns shall extend the time for filing under this
103	103	subchapter to 30 days after the federal due date if the corporation reports the
104	104	extension in the manner specified by the department on the return. Except for
105	105	payments of estimated taxes, income or franchise taxes payable upon the filing of the
106	106	tax return shall not become delinquent during such extension period, but shall,
107	107	except as provided in par. (b), be subject to interest at the rate of 12 6 percent per year
108	108	during such period.
109	109	SECTION 4. 71.44 (3) (a) of the statutes is amended to read:
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136	136	SECTION 4 SENATE BILL 1021
137	137	71.44 (3) (a) In the case of a corporation required to file a return, the
138	138	department of revenue shall allow an automatic extension of 7 months or until the
139	139	original due date of the corporation's corresponding federal return, whichever is
140	140	later. Any extension of time granted by law or by the internal revenue service for the
141	141	filing of corresponding federal returns shall extend the time for filing under this
142	142	subchapter to 30 days after the federal due date if the corporation reports the
143	143	extension in the manner specified by the department on the return. Except for
144	144	payments of estimated taxes, income or franchise taxes payable upon the filing of the
145	145	tax return shall not become delinquent during such extension period, but shall,
146	146	except as provided in par. (b), be subject to interest at the rate of 12 6 percent per year
147	147	during such period.
148	148	SECTION 5. 71.775 (4) (bm) 1. of the statutes is amended to read:
149	149	71.775 (4) (bm) 1. For the return under par. (a), the department shall allow an
150	150	automatic extension of 7 months or until the corresponding due date of the
151	151	pass-through entity's federal income tax return or return of partnership income,
152	152	whichever is later. Except for payments of estimated taxes, and except as provided
153	153	in subd. 2., withholding taxes payable upon filing the return are not delinquent
154	154	during the extension period but shall be subject to interest at the rate of 12 6 percent
155	155	per year during that period.
156	156	SECTION 6. 71.775 (4) (bm) 2. of the statutes is amended to read:
157	157	71.775 (4) (bm) 2. For taxable years beginning after December 31, 2008, for
158	158	persons who qualify for a federal extension of time to file under 26 USC 7508A due
159	159	to a presidentially declared disaster or terroristic or military action, withholding
160	160	taxes that are otherwise due from a pass-through entity under sub. (2) are not
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187	187	SECTION 6
188	188	SENATE BILL 1021
189	189	subject to 12 6 percent interest as otherwise provided under subd. 1. during the
190	190	extension period and for 30 days after the end of the federal extension period.
191	191	SECTION 7. 71.775 (4) (em) of the statutes is amended to read:
192	192	71.775 (4) (em) Except as provided in par. (fm), in the case of any underpayment
193	193	of estimated withholding taxes under par. (cm), interest shall be added to the
194	194	aggregate withholding tax for the taxable year at the rate of 12 6 percent per year
195	195	on the amount of the underpayment for the period of the underpayment. In this
196	196	paragraph, “period of the underpayment" means the time period beginning with the
197	197	due date of the installment and ending on either the unextended due date of the
198	198	return under par. (a) or the date of payment, whichever is earlier. If 90 percent of
199	199	the tax due under sub. (2) for the taxable year is not paid by the unextended due date
200	200	of the return under par. (a), the difference between that amount and the estimated
201	201	taxes paid, along with any interest due, shall accrue delinquent interest in the same
202	202	manner as income and franchise taxes under s. 71.82 (2) (a).
203	203	SECTION 8. 71.82 (1) of the statutes is amended to read:
204	204	71.82 (1) NORMAL. (a) In assessing taxes interest shall be added to such taxes
205	205	at 12 6 percent per year from the date on which such taxes if originally assessed
206	206	would have become delinquent if unpaid, to the date on which such taxes when
207	207	subsequently assessed will become delinquent if unpaid.
208	208	(b) Except as otherwise specifically provided, in crediting overpayments of
209	209	income and surtaxes against underpayments or against taxes to be subsequently
210	210	collected and in certifying refunds of such taxes interest shall be added at the rate
211	211	of 3 6 percent per year from the date on which such taxes when assessed would have
212	212	become delinquent if unpaid to the date on which such overpayment was certified for
213	213	refund except that if any overpayment of tax is certified for refund within 90 days
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240	240	SECTION 8 SENATE BILL 1021
241	241	after the last date prescribed for filing the return of such tax or 90 days after the date
242	242	of actual filing of the return of such tax, whichever occurs later, no interest shall be
243	243	allowed on such overpayment. For purposes of this section the return of such tax
244	244	shall not be deemed actually filed by an employee unless and until the employee has
245	245	included the written statement required to be filed under s. 71.65 (1). However when
246	246	any part of a tax paid on an estimate of income, whether paid in connection with a
247	247	tentative return or not, is refunded or credited to a taxpayer, such refund or credit
248	248	shall not draw interest.
249	249	(c) Any assessment made as a result of the adjustment or disallowance of a
250	250	claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX, except as provided
251	251	in sub. (2) (c), shall bear interest at 12 6 percent per year from the due date of the
252	252	claim.
253	253	SECTION 9. 71.82 (2) (b) of the statutes is amended to read:
254	254	71.82 (2) (b) Department may reduce delinquent interest. The department shall
255	255	provide by rule for reduction of interest under par. (a) to 12 6 percent per year in
256	256	stated instances wherein the secretary of revenue determines that reduction is fair
257	257	and equitable.
258	258	SECTION 10. 71.82 (2) (d) of the statutes is amended to read:
259	259	71.82 (2) (d) Withholding tax. Of the amounts required to be withheld any
260	260	amount not deposited or paid over to the department within the time required shall
261	261	be deemed delinquent and deposit reports or withholding reports filed after the due
262	262	date shall be deemed late. Delinquent deposits or payments shall bear interest at
263	263	the rate of 1.5 percent per month from the date deposits or payments are required
264	264	under this section until deposited or paid over to the department. The department
265	265	shall provide by rule for reduction of interest on delinquent deposits to 12 6 percent
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293	293	SECTION 10
294	294	SENATE BILL 1021
295	295	per year in stated instances wherein the secretary of revenue determines reduction
296	296	fair and equitable. In the case of a timely filed deposit or withholding report,
297	297	withheld taxes shall become delinquent if not deposited or paid over on or before the
298	298	due date of the report. In the case of no report filed or a report filed late, withheld
299	299	taxes shall become delinquent if not deposited or paid over by the due date of the
300	300	report. In the case of an assessment under s. 71.83 (1) (b) 2., the amount assessed
301	301	shall become delinquent if not paid on or before the first day of the calendar month
302	302	following the calendar month in which the assessment becomes final, but if the
303	303	assessment is contested before the tax appeals commission or in the courts, it shall
304	304	become delinquent on the 30th day following the date on which the order or judgment
305	305	representing final determination becomes final.
306	306	SECTION 11. 71.84 (1) of the statutes is amended to read:
307	307	71.84 (1) INDIVIDUALS AND FIDUCIARIES. Except as provided in s. 71.09 (11), in
308	308	the case of any underpayment of estimated tax by an individual, estate or trust,
309	309	except as provided under s. 71.09, there shall be added to the aggregate tax for the
310	310	taxable year interest at the rate of 12 6 percent per year on the amount of the
311	311	underpayment for the period of the underpayment. In this subsection, “the period
312	312	of the underpayment" means the time period from the due date of the installment
313	313	until either the 15th day of the 4th month beginning after the end of the taxable year
314	314	or the date of payment, whichever is earlier.
315	315	SECTION 12. 71.84 (2) (a) of the statutes is amended to read:
316	316	71.84 (2) (a) Except as provided in s. 71.29 (7), in the case of any underpayment
317	317	of estimated tax by a corporation under s. 71.29 or 71.48, there shall be added to the
318	318	aggregate tax for the taxable year interest at the rate of 12 6 percent per year on the
319	319	amount of the underpayment for the period of the underpayment. In this paragraph,
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346	346	SECTION 12 SENATE BILL 1021
347	347	“period of the underpayment" means the time period from the due date of the
348	348	installment until either the date on which the corporation is required to file for
349	349	federal income tax purposes, not including any extension, under the Internal
350	350	Revenue Code or the date of payment, whichever is earlier. If 90 percent of the tax
351	351	shown on the return is not paid by the date on which the corporation is required to
352	352	file for federal income tax purposes, not including any extension, under the Internal
353	353	Revenue Code, the difference between that amount and the estimated taxes paid,
354	354	along with any interest due, shall accrue delinquent interest under s. 71.91 (1) (a).
355	355	SECTION 13. 71.84 (2) (b) of the statutes is amended to read:
356	356	71.84 (2) (b) For corporations that are subject to a tax under this chapter on
357	357	unrelated business taxable income, as defined under section 512 of the internal
358	358	revenue code, and virtually exempt entities, “period of the underpayment" means the
359	359	time period from the due date of the installment until either the 15th day of the 5th
360	360	month beginning after the end of the taxable year or the date of payment, whichever
361	361	is earlier. If 90 percent of the tax shown on the return is not paid by the 15th day of
362	362	the 5th month following the close of the taxable year, the difference between that
363	363	amount and the estimated taxes paid along with any interest due, shall accrue
364	364	delinquent interest under s. 71.91 (1) (a).
365	365	SECTION 14. 71.84 (2) (c) of the statutes is amended to read:
366	366	71.84 (2) (c) If a refund under s. 71.29 (3m) results in an income or franchise
367	367	tax liability that is greater than the amount of estimated taxes paid when reduced
368	368	by the amount of the refund, the taxpayer shall add to the aggregate tax for the
369	369	taxable year interest at an annual rate of 12 6 percent on the amount of the unpaid
370	370	tax liability for the period beginning on the date the refund is issued and ending on
371	371	either the date on which the taxpayer is required to file for federal income tax
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399	399	SECTION 14
400	400	SENATE BILL 1021
401	401	purposes, not including any extension, under the Internal Revenue Code or the date
402	402	the tax liability is paid, whichever is earlier.
403	403	SECTION 15. 71.90 (1) of the statutes is amended to read:
404	404	71.90 (1) DEPOSIT. The department shall notify any person who files a petition
405	405	for redetermination that the person may deposit the amount of an additional
406	406	assessment, including any interest or penalty, with the department, or with a person
407	407	that the department prescribes, at any time before the department makes its
408	408	redetermination. The department shall notify spouses jointly except that, if the
409	409	spouses have different addresses and if either spouse notifies the department in
410	410	writing of those addresses, the department shall serve a duplicate of the original
411	411	notice on the spouse who has the address other than the address to which the original
412	412	notice was sent. Amounts deposited under this subsection shall be subject to the
413	413	interest provided by s. 71.82 only to the extent of the interest accrued prior to the first
414	414	day of the month succeeding the date of deposit. Any deposited amount which is
415	415	refunded shall bear interest at the rate of 3 6 percent per year during the time the
416	416	funds were on deposit. A person may also pay any portion of an assessment which
417	417	is admitted to be correct and the payment shall be considered an admission of the
418	418	validity of that portion of the assessment and may not be recovered in an appeal or
419	419	in any other action or proceeding.
420	420	SECTION 16. 71.91 (6) (e) 3. of the statutes is amended to read:
421	421	71.91 (6) (e) 3. For purposes of an adjudication under this paragraph, the
422	422	assessment of the tax upon which the interest or lien of the department is based is
423	423	conclusively presumed to be valid. Interest shall be allowed for judgments under this
424	424	paragraph at the rate of 12 6 percent per year from the date the department receives
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450	450	SECTION 16 SENATE BILL 1021
451	451	the money wrongfully levied upon to the date of payment of the judgment or from the
452	452	date of sale to the date of payment.
453	453	SECTION 17. 71.91 (6) (f) 5. of the statutes is amended to read:
454	454	71.91 (6) (f) 5. Before the sale, the department shall determine a minimum
455	455	price for which the property shall be sold. If no person offers for that property at the
456	456	sale at least the amount of the minimum price, the state shall purchase the property
457	457	for the minimum price; otherwise, the property shall be sold to the highest bidder.
458	458	In determining the minimum price, the department shall take into account the
459	459	expense of making the levy and sale in addition to the value of the property. If
460	460	payment in full is required at the time of acceptance of a bid and is not paid then, the
461	461	department shall sell the property in the manner provided under this paragraph.
462	462	If the conditions of the sale permit part of the payment to be deferred and if that part
463	463	is not paid within the prescribed period, the department may sue the purchaser in
464	464	the circuit court for Dane County for the unpaid part of the purchase price and
465	465	interest at the rate of 12 6 percent per year from the date of the sale or the department
466	466	may declare the sale void and may sell the property again under this paragraph. If
467	467	the property is sold again, the 2nd purchaser shall receive it free of any claim of the
468	468	defaulting purchaser and the amount paid upon the bid price by the defaulting
469	469	purchaser is forfeited.
470	470	SECTION 18. 73.03 (6) of the statutes is amended to read:
471	471	73.03 (6) In its discretion to inspect and examine or cause an inspection and
472	472	examination of the records of any town, city, village, or county officer whenever such
473	473	officer shall have failed or neglected to return properly the information as required
474	474	by sub. (5), within the time set by the department of revenue. Upon the completion
475	475	of such inspection and examination the department of revenue shall transmit to the
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503	503	SECTION 18
504	504	SENATE BILL 1021
505	505	clerk of the town, city, village, or county a statement of the expenses incurred by the
506	506	department of revenue to secure the necessary information. Duplicates of such
507	507	statements shall be filed in the office of the secretary of administration. Within 60
508	508	days after the receipt of the above statement, the same shall be audited, as other
509	509	claims of towns, cities, villages, and counties are audited, and shall be paid into the
510	510	state treasury, in default of which the same shall become a special charge against
511	511	such town, city, village, or county and be included in the next apportionment or
512	512	certification of state taxes and charges, and collected with interest at the rate of 10
513	513	6 percent per year from the date such statements were certified by the department,
514	514	as other special charges are certified and collected.
515	515	SECTION 19. 76.075 of the statutes is amended to read:
516	516	76.075 Adjustments of assessments. Within 4 years after the due date, or
517	517	extended due date, of the report under s. 76.04, any person subject to taxation under
518	518	this subchapter may request the department to make, or the department may make,
519	519	an adjustment to the data under s. 76.07 (4g) or (4r) submitted by the person. If an
520	520	adjustment under this section results in an increase in the tax due under this
521	521	subchapter, the person shall pay the amount of the tax increase plus interest on that
522	522	amount at the rate of 1 0.5 percent per month from the due date or extended due
523	523	date of the report under s. 76.04 until the date of final determination and interest
524	524	at the rate of 1.5 percent per month from the date of final determination until the
525	525	date of payment. If an adjustment under this section results in a decrease in the tax
526	526	due under this subchapter, the department shall refund the appropriate amount plus
527	527	interest at the rate of 0.25 0.5 percent per month from the due date or extended due
528	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	552	24 - 12 -2023 - 2024 Legislature LRB-5435/1
553	553	KP:skw
554	554	SECTION 19 SENATE BILL 1021
555	555	and (7), as they apply to income and franchise tax adjustments, apply to adjustments
556	556	under this section. Review of the adjustments is as stated in s. 76.08.
557	557	SECTION 20. 76.13 (2) of the statutes is amended to read:
558	558	76.13 (2) Every tax roll upon completion shall be delivered to the secretary of
559	559	administration. The department shall notify, by certified mail, all companies listed
560	560	on the tax roll of the amount of tax due, which shall be paid to the department. The
561	561	payment dates provided for in sub. (2a) shall apply. The payment of one-fourth of
562	562	the tax of any company may, if the company has brought an action in the Dane
563	563	County circuit court under s. 76.08, be made without delinquent interest as provided
564	564	in s. 76.14 any time prior to the date upon which the appeal becomes final, but any
565	565	part of the tax ultimately required to be paid shall bear interest from the original due
566	566	date to the date the appeal became final at the rate of 12 6 percent per year and at
567	567	1.5 percent per month thereafter until paid. The taxes extended against any
568	568	company after the same become due, with interest, shall be a lien upon all the
569	569	property of the company prior to all other liens, claims, and demands whatsoever,
570	570	except as provided in ss. 292.31 (8) (i) and 292.81, which lien may be enforced in an
571	571	action in the name of the state in any court of competent jurisdiction against the
572	572	property of the company within the state as an entirety.
573	573	SECTION 21. 76.13 (2a) of the statutes is amended to read:
574	574	76.13 (2a) Taxes levied under this section shall be paid to the department in
575	575	semiannual installments, on May 10 and November 10, on a partially estimated
576	576	basis. The May 10 payment shall be at least 50 percent of the total tax assessed for
577	577	the previous calendar year or 40 percent of the tax assessed for the current calendar
578	578	year. Any amounts not paid when due shall become delinquent and shall be subject
579	579	to interest under s. 76.14. The payment of 25 percent of the tax of any company may,
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607	607	SECTION 21
608	608	SENATE BILL 1021
609	609	if the company has brought an action in the Dane County circuit court under s. 76.08,
610	610	be made without delinquent interest as provided in s. 76.14 any time prior to the date
611	611	upon which the appeal becomes final, but any part thereof ultimately required to be
612	612	paid shall bear interest from the original due date to the date the appeal becomes
613	613	final at the rate of 12 6 percent per year and at 1.5 percent per month thereafter until
614	614	paid. Companies with a tax liability under this section of less than $2,000 are not
615	615	required to make semiannual payments but shall pay the full amount of taxes due
616	616	on or before November 10.
617	617	SECTION 22. 76.13 (3) of the statutes is amended to read:
618	618	76.13 (3) If the Dane County circuit court, after such roll is delivered to the
619	619	secretary of administration, increases or decreases the assessment of any company,
620	620	the department shall immediately redetermine the tax of the company on the basis
621	621	of the revised assessment, and shall certify and deliver the revised assessment to the
622	622	secretary of administration as a revision of the tax roll. If the amount of tax upon
623	623	the assessment as determined by the court is less than the amount paid by the
624	624	company, the secretary of administration shall refund the excess to the company with
625	625	interest at the rate of 3 6 percent per year. If the amount of the tax upon the
626	626	assessment as determined by the court is in excess of the amount of the tax as
627	627	determined by the department, interest shall be paid on the additional amount at the
628	628	rate of 12 6 percent per year from the date of entry of judgment to the date the
629	629	judgment becomes final, and at 1.5 percent per month thereafter until paid.
630	630	SECTION 23. 76.22 (2) of the statutes is amended to read:
631	631	76.22 (2) The action to recover taxes and interest and to enforce the same as
632	632	a lien shall be an action in equity and shall be commenced and carried on and
633	633	judgment entered according to the laws of the state and the rules and practice of
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660	660	SECTION 23 SENATE BILL 1021
661	661	courts of equity so far as applicable. No reference shall be made to take testimony
662	662	or to hear, try and determine the issues of fact in the action. The judgment shall fix
663	663	the amount of taxes and interest, adjudge the same a lien on the property of the
664	664	company and provide for the sale of such property in 90 days after the entry of
665	665	judgment upon publication of the notice of sale as a class 3 notice, under ch. 985. The
666	666	judgment shall bear interest at the rate of 10 6 percent per year from the date of entry
667	667	until finally paid.
668	668	SECTION 24. 76.28 (4) (a) of the statutes is amended to read:
669	669	76.28 (4) (a) If after filing the reports specified in sub. (7) and after the
670	670	department's computation and assessment of license fees under sub. (2) it is
671	671	determined that the amount of gross revenues reported is in error, the department
672	672	shall compute the additional license fee to be paid or the amount of the overpayment
673	673	of license fee to be refunded, as the case may be. If an additional license fee is due,
674	674	the department shall give notice to the light, heat and power company against whom
675	675	the license fee is to be levied. All such additional assessments and claims for refunds
676	676	for excess license fees paid are subject to the same procedure for review and final
677	677	determination as additional income or franchise tax assessments and claims for
678	678	refunds under ch. 71 as far as the same may be applicable, except that appeals of
679	679	denials of claims for refunds shall be made directly to the tax appeals commission
680	680	and except that the additional license fees shall become delinquent 60 days after
681	681	notice provided in this subsection or, if review proceedings are held, 60 days following
682	682	final determination of the review proceedings. All additional license fees shall bear
683	683	interest at the rate of 12 6 percent per year from the time they should have been paid
684	684	to the date on which the additional fees shall become delinquent if unpaid.
685	685	SECTION 25. 76.28 (4) (b) of the statutes is amended to read:
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713	713	SECTION 25
714	714	SENATE BILL 1021
715	715	76.28 (4) (b) In the case of overpayments of license fees by any light, heat and
716	716	power company under par. (a), the department shall certify the overpayments to the
717	717	department of administration, which shall audit the amount of the overpayments
718	718	and the secretary of administration shall pay the amounts determined by means of
719	719	the audit. All refunds of license fees under this subsection shall bear interest at the
720	720	annual rate of 3 6 percent from the date of the original payment to the date when
721	721	the refund is made. The time for making additional levies of license fees or claims
722	722	for refunds of excess license fees paid, in respect to any year, shall be limited to 4
723	723	years after the time the report for such year was filed.
724	724	SECTION 26. 76.28 (11) of the statutes is amended to read:
725	725	76.28 (11) PAYMENT BEFORE CONTESTING. No action or proceeding, except a
726	726	petition for redetermination under sub. (4), may be brought by a light, heat or power
727	727	company against this state to contest any assessment of a tax under this section
728	728	unless the taxpayer first pays to this state the amount of tax assessed. If the
729	729	taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer,
730	730	including payment of interest at 3 6 percent per year on the amount of the money
731	731	paid from the date of payment until the date of judgment.
732	732	SECTION 27. 76.39 (4) (d) of the statutes is amended to read:
733	733	76.39 (4) (d) All refunds shall be certified by the department to the department
734	734	of administration which shall audit the amount of the refunds and the secretary of
735	735	administration shall pay the amount, together with interest at the rate of 3 6 percent
736	736	per year from the date payment was made. All additional taxes shall bear interest
737	737	at the rate of 12 6 percent per year from the time they should have been paid to the
738	738	date upon which the additional taxes shall become delinquent if unpaid.
739	739	SECTION 28. 76.48 (5) of the statutes is amended to read:
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766	766	SECTION 28 SENATE BILL 1021
767	767	76.48 (5) Additional assessments may be made, if notice of such assessment is
768	768	given, within 4 years of the date the annual return was filed, but if no return was
769	769	filed, or if the return filed was incorrect and was filed with intent to defeat or evade
770	770	the tax, an additional assessment may be made at any time upon the discovery of
771	771	gross revenues by the department. Refunds may be made if a claim for the refund
772	772	is filed in writing with the department within 4 years of the date the annual return
773	773	was filed. Refunds shall bear interest at the rate of 3 6 percent per year and shall
774	774	be certified by the department to the secretary of administration who shall audit the
775	775	amounts of such overpayments and pay the amount audited. Additional
776	776	assessments shall bear interest at the rate of 12 6 percent per year from the time they
777	777	should have been paid to the date upon which they shall become delinquent if unpaid.
778	778	SECTION 29. 77.59 (6) (c) of the statutes is amended to read:
779	779	77.59 (6) (c) The department shall notify any person who files a petition for
780	780	redetermination that the person may deposit the entire deficiency determination,
781	781	including any penalty or interest, with the department when the petition is filed or
782	782	at any time before the department makes its redetermination. Any deposited
783	783	amount which is refunded shall bear interest at the rate of 3 6 percent per year
784	784	during the time the funds were on deposit. A person may also pay any portion of a
785	785	deficiency determination admitted to be correct and the payment shall be considered
786	786	an admission of the validity of that portion of the deficiency determination and may
787	787	not be recovered in an appeal or in any other action or proceeding.
788	788	SECTION 30. 77.60 (1) (a) of the statutes is renumbered 77.60 (1) (a) (intro.) and
789	789	amended to read:
790	790	77.60 (1) (a) (intro.) Except as provided in par. (b), unpaid the following interest
791	791	rates apply:
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818	818	KP:skw
819	819	SECTION 30
820	820	SENATE BILL 1021
821	821	1. Unpaid taxes shall bear interest at the rate of 12 6 percent per year from the
822	822	unextended due date of the return until paid or deposited with the department.
823	823	2. Taxes refunded to the seller shall bear interest at 3 6 percent per year from
824	824	the due date of the return to the date on which the refund is certified on the refund
825	825	rolls. An extension of time within which to file a return shall not extend the due date
826	826	of the return for purposes of interest computation.
827	827	3. Taxes refunded to the buyer shall bear interest at 3 6 percent per year from
828	828	the last day of the month following the month during which the buyer paid the tax
829	829	to the date on which the refund is certified on the refund rolls.
830	830	SECTION 31. 77.60 (1) (b) of the statutes is renumbered 77.60 (1) (b) 1. and
831	831	amended to read:
832	832	77.60 (1) (b) 1. Any unpaid taxes for a calendar year or a fiscal year resulting
833	833	from a field audit shall bear interest at the rate of 12 6 percent per year from the
834	834	unextended due date of the taxpayer's Wisconsin income or franchise tax return for
835	835	that calendar or fiscal year or, if exempt the filing of an income or franchise tax return
836	836	under ch. 71 is not required, from the 15th day of the 4th month of the year after the
837	837	close of the calendar or fiscal year for which the taxes are due to the date on which
838	838	the taxes are paid or, if unpaid, become delinquent, whichever is earlier.
839	839	SECTION 32. 77.60 (1) (b) 2. of the statutes is created to read:
840	840	77.60 (1) (b) 2. Taxes refunded as a result of a field audit shall bear interest at
841	841	the rate of 6 percent per year from the unextended due date of the taxpayer's income
842	842	or franchise tax return for that calendar or fiscal year or, if the filing of an income
843	843	or franchise tax return under ch. 71 is not required, from the 15th day of the 4th
844	844	month of the year after the close of the calendar or fiscal year to the date on which
845	845	the refund is certified on the refund rolls.
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871	871	KP:skw
872	872	SECTION 33 SENATE BILL 1021
873	873	SECTION 33. 77.96 (5) of the statutes is amended to read:
874	874	77.96 (5) Each person subject to a surcharge under s. 77.93 shall, on or before
875	875	the due date, including extensions, for filing under ch. 71, file an accurate statement
876	876	of its gross tax liability. Payments made after the due date under sub. (2) and on or
877	877	before the due date under this subsection are not delinquent but are subject to
878	878	interest at the rate of 12 6 percent per year.
879	879	SECTION 34. 78.68 (1) of the statutes is amended to read:
880	880	78.68 (1) Unpaid taxes shall bear interest at the rate of 12 6 percent per year
881	881	from the due date of the tax until paid or deposited with the department, and all
882	882	refunded taxes bear interest at the rate of 3 6 percent per year from the due date
883	883	of the return to the date on which the refund is certified on the refund rolls.
884	884	SECTION 35. 139.25 (1) of the statutes is amended to read:
885	885	139.25 (1) INTEREST AND PENALTIES. Unpaid taxes bear interest at the rate of
886	886	12 6 percent per year from the due date of the return until paid or deposited with the
887	887	department, and all refunded taxes bear interest at the rate of 3 6 percent per year
888	888	from the due date of the return to the date on which the refund is certified on the
889	889	refund rolls.
890	890	SECTION 36. 139.44 (9) of the statutes is amended to read:
891	891	139.44 (9) Unpaid taxes bear interest at the rate of 12 6 percent per year from
892	892	the due date of the return until paid or deposited with the department, and all
893	893	refunded taxes bear interest at the rate of 3 6 percent per year from the due date
894	894	of the return to the date on which the refund is certified on the refund rolls.
895	895	SECTION 37. 168.12 (6) (c) of the statutes is amended to read:
896	896	168.12 (6) (c) The department of revenue shall investigate the correctness and
897	897	veracity of the representations in the claim and may require a claimant to submit
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924	924	KP:skw
925	925	SECTION 37
926	926	SENATE BILL 1021
927	927	records to substantiate the claim. The department of revenue shall either allow or
928	928	deny a claim under this subsection not later than 60 days after the filing of the claim.
929	929	If the department of revenue allows the claim, it shall pay the claimant the amount
930	930	allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of
931	931	revenue does not pay the allowance by the 90th day after the date on which the
932	932	purchaser files the claim, the department of revenue shall also pay interest on the
933	933	unpaid claim beginning on that day, at the rate of 3 6 percent per year, from the
934	934	moneys appropriated under s. 20.855 (4) (r).
935	935	SECTION 38. 168.12 (6) (d) 2. of the statutes is amended to read:
936	936	168.12 (6) (d) 2. If the department of revenue has paid the claim, require the
937	937	purchaser to refund to the department of revenue that portion of the amount paid
938	938	under par. (c) to which the purchaser is not entitled and impose a penalty on the
939	939	purchaser equal to 25 percent of the allowance, plus interest on the sum of the unpaid
940	940	penalty and the amount required to be refunded, accruing from the date that the
941	941	penalty is imposed, at the rate of 12 6 percent per year.
942	942	SECTION 39. 168.12 (6) (e) 1. of the statutes is amended to read:
943	943	168.12 (6) (e) 1. If the claim has not been paid and the department of revenue
944	944	allows no portion of the claim, impose a penalty on the purchaser equal to 50 percent
945	945	of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing
946	946	from the date that the penalty is imposed, at the rate of 12 6 percent per year.
947	947	SECTION 40. 168.12 (6) (e) 3. of the statutes is amended to read:
948	948	168.12 (6) (e) 3. If the claim has been paid, require the purchaser to refund to
949	949	the department of revenue that portion of the amount paid under par. (c) that the
950	950	department of revenue determines was fraudulently obtained and impose a penalty
951	951	on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus
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978	978	SECTION 40 SENATE BILL 1021
979	979	interest on the sum of the unpaid penalty and the amount required to be refunded,
980	980	accruing from the date that the penalty is imposed, at the rate of 12 6 percent per
981	981	year.
982	982	SECTION 41.0Initial applicability.
983	983	(1) INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS. This act first applies to
984	984	assessments issued and refunds paid on December 31, 2024, regardless of the taxable
985	985	periods to which the assessments or refunds pertain.
986	986	(END)
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