70.11(32)
(32) Nonprofit youth hockey associations. Land not exceeding 13 acres, the buildings on that land and personal property if the land is owned or leased by and the buildings and personal property are owned by, and all the property is used exclusively for the purposes of, a nonprofit youth hockey association, except that the exemption under this subsection does not apply to the property of a nonprofit youth hockey association if any of its property was funded in whole or in part by industrial revenue bonds unless that association's facilities were placed in operation after January 1, 1988. Leasing all or a portion of the property does not render that property taxable if all of the leasehold income is used for maintenance of the leased property.
70.11(33)
(33) Camps for mentally or physically disabled persons. Land, not exceeding 50 acres, and the buildings on that land used as a residential campground exclusively for mentally or physically disabled persons and their families as long as the property is used for that purpose and not for the pecuniary profit of any individual.
70.11(34)(a)(a) Real property all of which fulfills all of the following requirements:
70.11(34)(a)1.
1. Is listed on the national register of historic places in Wisconsin or the state register of historic places.
70.11(34)(a)3.
3. Is owned or leased by an organization that is exempt from taxation under section
501 of the internal revenue code as amended to December 31, 1986.
70.11(34)(a)4.
4. Is used for civic, governmental, cultural or educational purposes.
70.11(34)(a)5.
5. Is subject to an easement, covenant or similar restriction running with the land that is held by or approved by the state historical society or by an entity approved by the state historical society, that protects the historic features of the property and that will remain effective for at least 20 years after January 1, 1989.
70.11(35)
(35) Cultural and architectural landmarks. Property described in s.
234.935 (1), 1997 stats.
70.11(36)
(36) Professional sports and entertainment home stadiums. 70.11(36)(a)(a) Property consisting of or contained in a sports and entertainment home stadium, except a football stadium as defined in
s. 229.821 (6); including but not limited to parking lots, garages, restaurants, parks, concession facilities, entertainment facilities, transportation facilities, and other functionally related or auxiliary facilities and structures; including those facilities and structures while they are being built; constructed by, leased to or primarily used by a professional athletic team that is a member of a league that includes teams that have home stadiums in other states, and the land on which that stadium and those structures and facilities are located. Leasing or subleasing the property; regardless of the lessee, the sublessee and the use of the leasehold income; does not render the property taxable.
70.11 Note
NOTE: Sub. (36) (title) was renumbered from sub. (36) (title) to sub. (36) (a) (title) by
1999 Wis. Act 167, s.
39, and renumbered back to sub. (36) (title) by the revisor under s. 13.93 (1) (b).
70.11(36)(b)
(b) Property consisting of or contained in a football stadium, as defined in
s. 229.821 (6), and related facilities and structures, including those facilities and structures while they are being built or constructed, primarily used by a professional football team described in
s. 229.823, and the land, including parking lots, on which that stadium and those facilities and structures are located. Related facilities and structures are limited to improvements that share common structural supports with the stadium or are physically attached to the stadium. Using the property for garages, restaurants, parks, concession facilities, entertainment facilities, transportation facilities, or other functionally related or auxiliary facilities does not render the property taxable. Leasing or subleasing the property; regardless of the lessee, the sublessee and the use of the leasehold income; does not render the property taxable.
70.11(37)
(37) Local exposition district. The property of a local exposition district under
subch. II of ch. 229.
70.11(38)
(38) University of Wisconsin Hospitals and Clinics Authority. Notwithstanding the provisions of
s. 70.11 (intro.) that relate to leased property, all property owned by the University of Wisconsin Hospitals and Clinics Authority and all property leased to the University of Wisconsin Hospitals and Clinics Authority that is owned by the state, provided that use of the property is primarily related to the purposes of the authority.
70.11(39)
(39) Computers. If the owner of the property fulfills the requirements under
s. 70.35, mainframe computers, minicomputers, personal computers, networked personal computers, servers, terminals, monitors, disk drives, electronic peripheral equipment, tape drives, printers, basic operational programs, systems software, prewritten software and custom software. The exemption under this subsection does not apply to fax machines, copiers, equipment with embedded computerized components or telephone systems, including equipment that is used to provide telecommunications services, as defined in
s. 76.80 (3).
70.11(40)
(40) Local cultural arts district. Property of a local cultural arts district under
subch. V of ch. 229, except any of the following:
70.11(40)(a)
(a) Property that is not a part of the physical structure of a cultural arts facility, as defined under
s. 229.841 (5), if that property is used for a retail business or a restaurant, unless the retail business or restaurant is operated by the local cultural arts district or by a corporation, organization or association described in section
501 (c)
3 of the Internal Revenue Code that is exempt from taxation under section
501 (a) of the Internal Revenue Code.
70.11(40)(b)
(b) A parking lot or parking structure that is not used to support the operation of a cultural arts facility, as defined under
s. 229.841 (5).
70.11 History
History: 1971 c. 152,
154,
312;
1973 c. 90;
1973 c. 333 s.
201m;
1973 c. 335 s.
13;
1975 c. 39;
1975 c. 94 s.
91 (10);
1975 c. 199;
1977 c. 29 ss.
745m,
1646 (3),
1647 (5), (7);
1977 c. 83 s.
26;
1977 c. 273,
282,
391,
418,
447;
1979 c. 34 s.
2102 (39) (g);
1979 c. 221,
225;
1979 c. 310 s.
12;
1981 c. 20;
1983 a. 27 ss.
1177,
1178,
1179f;
1983 a. 189 s.
329 (16);
1983 a. 201,
327;
1985 a. 26,
29,
316,
332;
1987 a. 10,
27,
395,
399;
1987 a. 403 s.
256;
1989 a. 25,
31,
307;
1991 a. 37,
39,
269;
1993 a. 263,
307,
399,
490;
1995 a. 27 ss.
3344 to
3348m,
9126 (19);
1995 a. 201,
227,
247,
366;
1997 a. 27,
35,
134,
147,
164,
184,
237;
1999 a. 9,
32,
63,
65;
1999 a. 150 ss.
624,
672;
1999 a. 167,
185; s. 13.93 (1) (b).
70.11 Cross-reference
Cross References: For other exemptions from taxation, see s.
1.04, U.S. sites; s.
70.112, specially taxed property; s.
70.41, stored grain; s.
70.42, coal docks; s.
70.421, petroleum; s.
76.23, utilities; s.
613.81, hospital service insurance corporations.
70.11 Annotation
A building used as a residence by various missionaries for rest and recreation falls within the housing exemption under sub. (4) . Evangelical Alliance Mission v. Williams Bay,
54 Wis. 2d 187,
194 N.W.2d 646.
70.11 Annotation
Voting machines leased by a city with an option to purchase are city property and exempt. Milwaukee v. Shoup Voting Machine Corp.
54 Wis. 2d 549,
196 N.W.2d 694.
70.11 Annotation
Requirements under sub. (4) for educational institutions are discussed. National Foundation v. Brookfield,
65 Wis. 2d 263,
222 N.W.2d 608.
70.11 Annotation
"Owned" under sub. (2) cannot be equated with paper title only. When a corporate lessee was the beneficial and true owner of improvements made to a structure, the lessee was the owner for personal property assessment purposes. State ex rel. Mitchell Aero v. Bd. of Review,
74 Wis. 2d 268,
246 N.W.2d 521.
70.11 Annotation
"Used exclusively" under sub. (4m) means to physically employ the tangible characteristics of the property; accordingly, although the medical equipment at issue was leased commercially, it was "used exclusively" for hospital purposes and was exempt. First Nat. Leasing Corp. v. Madison,
81 Wis. 2d 205,
260 N.W.2d 251.
70.11 Annotation
Religious persons whose housing is exempt under sub. (4) include only those who have official leadership roles in the activities of the congregation. Midtown Church of Christ v. City of Racine,
83 Wis. 2d 72,
264 N.W.2d 281 (1978).
70.11 Annotation
Indicia of true and beneficial ownership under sub. (1) are discussed. Gebhardt v. City of West Allis,
89 Wis. 2d 103,
278 N.W.2d 465 (1979).
70.11 Annotation
The residence of a hospital chaplain was exempt under sub. (4). Sisters of St. Mary v. City of Madison,
89 Wis. 2d 372,
278 N.W.2d 814 (1979).
70.11 Annotation
To qualify as an educational association under sub. (4), an organization must be devoted to "traditional" educational activities. Traditional educational activities are defined. International Foundation v. City of Brookfield,
95 Wis. 2d 444,
290 N.W.2d 720 (Ct. App. 1980).
70.11 Annotation
In applying a "function or use" test, 3 of a taxpayer's building-like structures were eligible for machinery & equipment exemption under sub. (27). Ladish Malting Co. v. Dept. of Revenue,
98 Wis. 2d 496,
297 N.W.2d 56 (Ct. App. 1980).
70.11 Annotation
Under an "integrated plant test" for classifying property directly used in manufacturing, graving docks were exempt under sub. (27). The exemption was not destroyed by incidental use of the dock for a nonexempt purpose. Manitowoc Co., Inc. v. Sturgeon Bay,
122 Wis. 2d 406,
362 N.W.2d 432 (Ct. App. 1984).
70.11 Annotation
Property leased by an institution was not exempt under sub. (19). Chileda Institute, Inc. v. La Crosse,
125 Wis. 2d 554,
373 N.W.2d 43 (Ct. App. 1985).
70.11 Annotation
A day care center devoted primarily to educational purposes was exempt under sub. (4). Janesville Community Day Care v. Spoden,
126 Wis. 2d 231,
376 N.W.2d 78 (Ct. App. 1985).
70.11 Annotation
Property exempted under sub. (21) (a) need not have a "primary purpose" of eliminating pollution. Owens-Illinois v. Town of Bradley,
132 Wis. 2d 310,
392 N.W.2d 104 (Ct. App. 1986).
70.11 Annotation
Non-adjoining property may constitute "grounds" of a college or university under sub. (3) (a). Indiana University v. Town of Rhine,
170 Wis. 2d 293,
488 N.W.2d 128 (Ct. App. 1992).
70.11 Annotation
A lease provision between a county-lessor and a lessee that the lessee was responsible for taxes was not determinative of the taxability of buildings constructed on the leased premises. The county, as beneficial owner of the property, was exempt from taxation. City of Franklin v. Crystal Ridge,
180 Wis. 2d 561,
509 N.W.2d 730 (1994).
70.11 Annotation
A benevolent association under sub. (4) is not required to provide free services or to be affordable by all in the community and may pay its officers reasonable compensation for their services; housing for "aged" under sub. (4) requires occupancy by one person at least 55 years old. Friendship Village Milwaukee v. Milwaukee,
181 Wis. 2d 207,
511 N.W.2d 345 (Ct. App. 1993).
70.11 Annotation
The legislature may not delegate the power to grant tax exemptions to a county board. UW-LaCrosse Foundation v. Town of Washington,
182 Wis. 2d 490,
513 N.W.2d 417 (Ct. App. 1994).
70.11 Annotation
The determination of "land necessary for location and convenience of buildings" under sub. (4) is discussed. Friendship Village v. Milwaukee,
194 Wis. 2d 787,
535 N.W.2d 111 (Ct. App. 1995).
70.11 Annotation
A youth soccer association that failed to establish that it was substantially and primarily devoted to educational purposes , although its program had educational elements, was not entitled to tax exempt status as an educational association. Kickers of Wisconsin, Inc. v. Milwaukee,
197 Wis. 2d 675,
541 N.W.2d 193 (Ct. App. 1995).
70.11 Annotation
No notice of claim under s. 893.80 is ever required on a claim arising from a county board determination under sub. (20). Little Sissabagama Lake Shore Owners Assoc. v. Town of Edgewater,
208 Wis. 2d 259,
559 N.W.2d 914 (Ct. App. 1997).
70.11 Annotation
Whether a clinic building is a "doctor's office" under is sub. (4m) is not dependent on whether or not it is operated as part of a for profit practice owned by physicians or as a nonprofit corporation. A clinic operated by a nonprofit corporation that contains offices for doctors, provides outpatient care only, and is open for regular business hours is a "doctors office". St. Clare Hospital v. City of Monroe,
209 Wis. 2d 364,
563 N.W.2d 170 (Ct. App. 1997).
70.11 Annotation
The exemption under sub. (13m) will not be applied to reduce the value of a remaining taxable property not a part of the exempt archeological site. Wrase v. City of Neenah,
220 Wis. 2d 166,
582 N.W.2d 457 (Ct. App. 1998).
70.11 Annotation
The exclusivity requirement under sub. (4) does not prohibit occasional commercial use. The question is how consequential the use is compared to the total use of the property. The party seeking the exemption must present more than "recollections" and "observations" of use. Deutches Land, Inc. v. City of Glendale,
225 Wis. 2d 70,
591 N.W. 2d 583 (1999).
70.11 Annotation
The sub. (4) exemption of up to 10 acres of land is tied to and follows from the exemption of buildings. It does not allow for the exemption of buildings necessary for the use of the land. Deutches Land, Inc. v. City of Glendale,
225 Wis. 2d 70,
591 N.W. 2d 583 (1999).
70.11 Annotation
Section 70.11 (intro.), and not s. 70.1105, applies when an exempt organization leases part of its property to a for-profit entity. Section 70.1105 applies when the exempt organization engages in for-profit activities. However the methodology for determining exemptions under each is the same. Deutches Land, Inc. v. City of Glendale,
225 Wis. 2d 70,
591 N.W. 2d 583 (1999).
70.11 Annotation
Property that on the assessment date was wholly vacant and unoccupied, and on which no construction had commenced, was not being readied for a benevolent use and was properly determined as not being used exclusively for benevolent purposes under sub. (4). Group Health Cooperative of Eau Claire v. DOR,
229 Wis. 2d 846,
601 N.W.2d 1 (Ct. App. 1999).
70.11 Annotation
The property tax exemption for pollution control facilities provided in sub. (21) (a) applies to pollution control facilities incorporated into new plants to be constructed, in addition to those installed to abate or eliminate existing pollution sources. 60 Atty. Gen. 154.
70.11 Annotation
Standards for determining whether a nonprofit corporation qualifies for tax exempt status as a retirement home under sub. (4) are discussed. 66 Atty. Gen. 232.
70.11 Annotation
Preferential tax treatment may not be given to any organization that discriminates on the basis of race. Pitts v. Dept. of Revenue,
333 F. Supp. 662.
70.11 Annotation
The property tax exemption and nonprofit homes for the aged. 53 MLR 140.
70.11 Annotation
Tax exemption and religious freedom. 54 MLR 385.
70.1105
70.1105
Taxed in part. Property that is exempt under
s. 70.11 and that is used in part in a trade or business for which the owner of the property is subject to taxation under sections
511 to
515 of the internal revenue code, as defined in
s. 71.22 (4m), shall be assessed for taxation at that portion of the fair market value of the property that is attributable to the part of the property that is used in the unrelated trade or business. This section does not apply to property that is leased by an exempt organization to another person or to property that is exempt under
s. 70.11 (34).
70.1105 History
History: 1997 a. 35 s.
243.
70.1105 Annotation
Section 70.11 (intro.), and not s. 70.1105, applies where an exempt organization leases part of its property to a for-profit entity. Section 70.1105 applies where where the exempt organization engages in for-profit activities. However the methodology for determining exemptions under each is the same. Deutches Land, Inc. v. City of Glendale,
225 Wis. 2d 70,
591 N.W. 2d 583 (1999).
70.111
70.111
Personal property exempted from taxation. The property described in this section is exempted from general property taxes:
70.111(1)
(1) Jewelry, household furnishings and apparel. Personal ornaments and jewelry, family portraits, private libraries, musical instruments other than pianos, radio equipment, household furniture, equipment and furnishings, apparel, motor bicycles, bicycles, and firearms if such items are kept for personal use by the owner and pianos if they are located in a residence.
70.111(2)
(2) Animals. Farm poultry, farm animals, bees and bee equipment and fur-bearing animals under 4 months of age and the hides and pelts of all farm and fur-bearing animals in the hands of the grower.
70.111(3)
(3) Boats. Watercraft employed regularly in interstate traffic, watercraft laid up for repairs, all pleasure watercraft used for recreational purposes, commercial fishing boats and equipment that is used by commercial fishing boats, charter sailboats and charter boats, other than sailboats, that are used for tours.
70.111(3m)
(3m) Charter sport fishing boats. Motorboats, and the equipment used on them, which are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in
s. 29.001 (63), and the rivers and tributaries specified in
s. 29.191 (5) (a) 1. and
2. if the owner and all operators are licensed under
s. 29.512 or under
s. 29.514 or both and by the U.S. coast guard to operate the boat for that purpose.
70.111(4)
(4) Crops. Growing and harvested crops, and the seed, fertilizer and supplies used in their production or handling, in the hands of the grower, including nursery stock and trees growing for sale as such, medicinal plants, perennial plants that produce an annual crop and plants growing in greenhouses or under hotbeds, sash or lath. This exemption also applies to trees growing for sale as Christmas trees.
70.111(5)
(5) Family supplies. Provisions and fuel to sustain the owner's family; but no person paying board shall be deemed a member of a family.
70.111(6)
(6) Feed. Feed and feed supplements owned by the operator or owner of a farm and used in feeding on the farm and not for sale.
70.111(7)
(7) Horses, etc. All horses, mules, wagons, carriages, sleighs, harnesses.
70.111(9)
(9) Tools and garden machines. The tools of a mechanic if those tools are kept and used in the mechanic's trade; and garden machines and implements and farm, orchard and garden tools if those machines, implements and tools are owned and used by any person in the business of farming or in the operation of any orchard or garden. In this subsection, "machine" has the meaning given in
sub. (10) (a) 2.
70.111(10)(a)1.
1. "Building" means any structure that is intended to be a permanent accession to real property; that is designed or used for sheltering people, animals or plants, for storing property or for working, office, parking, sales or display space, regardless of any contribution that the structure makes to the production process in it; that in physical appearance is annexed to that real property; that is covered by a roof or encloses space; that is not readily moved or disassembled; and that is commonly known to be a building because of its appearance and because of the materials of which it is constructed.
70.111(10)(a)2.
2. "Machine" means an assemblage of parts that transmits force, motion and energy from one part to another in a predetermined manner.
70.111(10)(b)
(b) Tractors and machines; including accessories, attachments, fuel and repair parts for them; whether owned or leased, that are used exclusively and directly in farming; including dairy farming, agriculture, horticulture, floriculture and custom farming services; but not including personal property that is attached to, fastened to, connected to or built into real property or that becomes an addition to, component of or capital improvement to real property and not including buildings or improvements to real property, regardless of any contribution that that personal property makes to the production process in them and regardless of the extent to which that personal property functions as a machine.
70.111(10)(c)
(c) For purposes of this subsection, the following items retain their character as tangible personal property, regardless of the extent to which they are fastened to, connected to or built into real property:
70.111(10)(c)8.
8. Milking machines; including piping, pipeline washers and compressors.
70.111(10)(c)10.
10. Powered feeders, but not including platforms or troughs constructed from ordinary building materials.
70.111(11)
(11) Cheese. Natural cheese owned by the Wisconsin primary manufacturer or by any other person while in storage for the purpose of further aging in preparation for cutting, packaging or other processing.
70.111(14)
(14) Milkhouse equipment. Milkhouse equipment used by a farmer, including mechanical can coolers, bulk tanks and hot water heaters. This exemption shall apply whether such equipment is deemed personal property or is so affixed to the realty as to be classified in the category of real estate.
