Tax 1.01 History
; am. Register, September, 1964, No. 105
, eff. 10-1-64; am. Register, February, 1975, No. 230
, eff. 3-1-75; am. Register, September, 1983, No. 333
, eff. 10-1-83.
Application of federal income tax regulations.
To the extent that any provision of the internal revenue code has application in the determination of Wisconsin taxable income, Wisconsin net income, Wisconsin income or franchise tax or Wisconsin minimum tax or alternative minimum tax of any natural person, fiduciary or corporation, including tax-option (S) corporations, any United States treasury regulation interpreting the provision shall be deemed a tax rule of the Wisconsin Administrative Code.
Tax 1.06 Note
Federalization of the computation of Wisconsin gross income for individuals and fiduciaries was provided by Chapter 163, Laws of 1965
, effective for taxable year 1965 and thereafter. Federalization of the computation of Wisconsin net income of a corporation was provided by 1987 Wis. Act 27
, effective for taxable year 1987 and thereafter.
Tax 1.06 History
Cr. Register, March, 1966, No. 123
, eff. 4-1-66; am. Register, July, 1987, No. 379
, eff. 8-1-87; am Register, June, 1990, No. 414
, eff. 7-1-90.
Depository bank requirements for estimated tax vouchers, sales and use tax returns, and withholding, motor fuel, general aviation fuel and special fuel tax deposit reports. Tax 1.10(1)
Daily processing of documents.
Screening and processing of deposit reports, returns, and vouchers shall be done daily on the date received in accordance with specific procedures provided by the department.
(2) Documents received with proper payment.
The depository bank shall inscribe the date received, amount of payment and a consecutively assigned validation number upon each deposit report, return, or voucher. That same information shall be inscribed on the payment. The deposits received and validated for each day shall be combined into a single deposit to the account of the state treasurer. The processed documents shall be kept in sequence within batches for each business day. The batches for each business day shall be sent daily by special courier to the department's revenue accounting section in Madison. A validation tape and batch card shall accompany each batch, and each day's transmittal shall include a separate recapitulation sheet for each tax program. A copy of the combined daily deposit slip shall also be included in each day's transmittal.
Non-processible documents or remittances, or both, as described in writing to the depository bank by the department's revenue accounting section, shall be exceptions to the treatment provided in sub. (1)
and shall not be validated. Instead, they shall be sent to the department's revenue accounting section with the envelopes in which they were received.
Tax 1.10 History
Cr. Register, March, 1975, No. 231
, eff. 4-1-75; am. (1) (a) and (b) 4. and (2), Register, September, 1983, No. 333
, eff. 10-1-83; renum. (1) and (2) to be (2) and (3) and am. (2) (a), cr. (1), Register, July, 1987, No. 379
, eff. 8-1-87; am. (1), (2) (a) and (3), r. (2) (b), Register, June, 1990, No. 414
, eff. 7-1-90.
Requirements for examination of returns. Tax 1.11(1)(1)
Public officer defined.
In this section, "public officer" means any person appointed or elected according to law, who has continuous duties, has taken an oath of office and who is responsible for the exercise of some portion of the sovereign power of this state, another state or the United States, in which the public has a concern. One, but not the sole, indicium of responsibility for exercising the sovereign power is the authority to make final policy with regard to those duties of a public officer requiring access to tax files under this section.
The provisions of ss. 70.375 (2) (b)
, 77.61 (5)
, 77.76 (3)
, 78.80 (3)
, 139.11 (4)
, 139.38 (6)
and 139.82 (6)
, Stats., apply to the examination of mining net proceeds, income, franchise, gift, fiduciary, partnership, inheritance, estate, sales and use, county sales and use, withholding, motor fuel, general aviation fuel, special fuel, fermented malt beverage, distilled spirits and wine, cigarette and tobacco product tax returns and tax credit claims. No person may examine or receive information from a tax return or tax credit claim unless specifically authorized to do so by the appropriate statute.
Tax 1.11(3)(a)(a) Public officers of the federal government or other state governments.
No information may be divulged to a public officer of the federal government or another state government or the authorized agents of the officer under the provisions specified in sub. (2)
unless the information requested is necessary in the administration of the tax laws of the government; the government accords similar rights of examination or information to the Wisconsin department of revenue; the government has entered into an agreement with the department for the disclosure or exchange of information; and the public officer first complies with all of the following:
Specifies in writing the purpose for each requested examination, the statutory or other authority showing the duties of the office and the relation of the purpose to the duties of the office.
Specifies in writing the name, address and title of the agent authorized to examine tax returns.
(b) Members of the joint, senate or assembly committee on legislative organization. Tax 1.11(3)(b)1.1.
No information may be divulged to members of the joint committee on legislative organization, senate committee on organization or assembly committee on organization, or to any agent of these committees under the provisions specified in sub. (2)
unless all of the following requirements are first complied with:
Specification in writing of the purpose for each requested examination and the relation of the purpose to the official duties of the committee requesting the examination of tax returns.
Specification in writing of the name, address and title of the committee member or agent authorized to examine tax returns.
Certification by the chairperson of the committee that the committee, by a majority vote of a quorum of its members, has approved the requested examination of tax returns by the committee member or agent.
Sales and use tax returns may not be examined by the joint committee on legislative organization.