Tax 1.12(5)(a)2. 2. The payer shall initiate ACH debit transfers before 4:00 p.m. central standard time or central daylight savings time, as applicable, on or before the last business day prior to the prescribed due date of the payment in order for the payment to have a settlement date on or before the prescribed due date.
Tax 1.12(5)(b) (b) ACH credit transfers.
Tax 1.12(5)(b)1.1. A payer shall initiate ACH credit transfers through the payer's financial institution following directions specific to that financial institution.
Tax 1.12(5)(b)2. 2. In order for the payment to have a settlement date on or before the prescribed due date, ACH credit transfers shall be initiated in time for the payer's financial institution to settle the funds transfer on or before the due date of the payment.
Tax 1.12(6) (6)Costs to initiate EFT.
Tax 1.12(6)(a)(a) ACH debit transfers shall occur at no cost to the payer.
Tax 1.12(6)(b) (b) Payers using ACH credit transfers are liable for any fees charged by the payer's financial institution.
Tax 1.12(7) (7)Evidence of EFT payment. A payer receives a trace number or confirmation number for each EFT transaction. The trace number or confirmation number given to the payer during the EFT transaction and included as part of the ACH entry is the payer's confirmation of payment or deposit and shall provide proof of the date and amount of the payment or deposit.
Tax 1.12(8) (8)Due date of EFT payment.
Tax 1.12(8)(a)(a) In order for EFT payments and deposits to be considered received on or before the prescribed due date, EFT payments or deposits shall have a settlement date on or before the prescribed due date, or the revised due date as provided in par. (c), of the payment or deposit.
Tax 1.12(8)(b) (b) Payments or deposits made by EFT with a settlement date later than the prescribed due date or revised due date of the payment or deposit shall be considered late and shall be subject to all applicable late fees, penalties and interest.
Tax 1.12 Note Note: See s. Tax 2.67 (4) for rules applicable to a combined group with respect to late fees, penalties, and interest.
Tax 1.12(8)(c) (c) When the prescribed due date falls on a weekend, legal holiday, or day the Federal Reserve Bank is closed, the payment due date is revised to be the first business day immediately following the weekend, holiday, or day the Federal Reserve Bank was closed.
Tax 1.12 Annotation Example: The prescribed due date falls on a Monday that is also Memorial Day. An ACH debit transfer must be initiated before 4:00 p.m. of the preceding Friday, so that the transfer may have a settlement date on Tuesday, the revised due date. A payer using an ACH credit transfer must work with the financial institution to initiate the transfer in time to settle on or before the revised payment due date.
Tax 1.12(9) (9)Exception to EFT requirement.
Tax 1.12(9)(a)(a) The secretary of revenue may waive the requirement to use the EFT payment method when the secretary determines that the requirement causes an undue hardship, if the person otherwise required to use EFT does all of the following:
Tax 1.12(9)(a)1. 1. Requests the waiver in writing using Form EFT-102, Electronic Filing or Electronic Payment Waiver Request.
Tax 1.12 Note Note: Form EFT-102 should be e-mailed to DORWaiverRequest@revenue.wi.gov, faxed to (608) 267-1030, or addressed to Mandate Waiver Request, Wisconsin Department of Revenue, Mail Stop 5-77, PO Box 8949, Madison, WI 53708-8949. Form EFT-102 may be obtained at http://www.revenue.wi.gov/html/formpub.html, under either “Tax Return Information" or “Tax Return Guidelines."
Tax 1.12(9)(a)2. 2. Clearly indicates why the requirement causes an undue hardship.
Tax 1.12(9)(a)3. 3. Is current in all return and report filings and tax payments.
Tax 1.12(9)(b) (b) In determining whether the EFT requirement causes an undue hardship, the secretary of revenue may consider the following factors:
Tax 1.12(9)(b)1. 1. Unusual circumstances which may prevent the payer from using the EFT method.
Tax 1.12 Annotation Examples: Examples of unusual circumstances include:
Tax 1.12 Note 1) The person does not have access to a telephone or computer.
Tax 1.12 Note 2) The person is physically unable to use a telephone or computer.
Tax 1.12 Note 3) The telephone system available to the person is incompatible with the department's telephone system used for EFT payments, deposits, or both.
Tax 1.12(9)(b)2. 2. Any other factor which the secretary determines is pertinent.
Tax 1.12 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 04-049: am. (4) (a) (intro.), cr. (4) (a) 12. Register April 2005 No. 592, eff. 5-1-05; emerg. cr. (3) (fm) and (4) (a) 13., am. (4) (a) (intro.) and (7) (a) 2., eff. 12-28-05; CR 06-001: cr. (3) (fm) and (4) (a) 13., am. (4) (a) (intro.) and (7) (a) 2. Register June 2006 No. 606, eff. 7-1-06; CR 07-027: am. (1), (2), (3) (g), (4) (a) (intro.), (b) and (7) (intro.), cr. (4) (a) 14., Register October 2007 No. 622, eff. 11-1-07; CR 10-095: cr. (3) (cg), (cr), (4) (a) 15. to 18., (c), am. (3) (d), (4) (a) (intro.), 1. to 11., 12. (intro.), 13., r. (5), (6), renum. (8), (10) to be (6), (8), renum. (7), (9), (11) to be (5), (7), (9) and am. Register November 2010 No. 659, eff. 12-1-10; CR 12-014: am. (8) (c) Register August 2012 No. 680, eff. 9-1-12.
Tax 1.13 Tax 1.13Power of attorney.
Tax 1.13(1) (1)Power of attorney.
Tax 1.13(1)(a)(a) A power of attorney or other written authorization executed by the taxpayer shall be required by the Wisconsin department of revenue for the taxpayer's representative, on behalf of the taxpayer, to:
Tax 1.13(1)(a)1. 1. Inspect confidential information, e.g., tax returns and audit reports.
Tax 1.13(1)(a)2. 2. Receive notices, assessments, determinations, redeterminations, tax forms, billings, refunds, communications and correspondence containing confidential information.
Tax 1.13(1)(a)3. 3. Represent the taxpayer at conferences.
Tax 1.13(1)(a)4. 4. Execute a waiver to extend the statutory period for assessment or collection of a tax.
Tax 1.13(1)(a)5. 5. Execute any other waivers or agreements in behalf of the taxpayer.
Tax 1.13(1)(b) (b) The power of attorney requirement applies to income, franchise, alternative minimum, withholding, sales and use, county sales and use, estate, motor fuel, general aviation fuel, special fuel, fermented malt beverage, intoxicating liquor, cigarette and tobacco products tax matters of individuals, partnerships and corporations, including (S) corporations, and homestead and farmland preservation credit matters.
Tax 1.13(1)(c) (c) A power of attorney or other written authorization executed by a designated agent of a combined group is considered executed by each member of the combined group with respect to combined returns within the scope of the power of attorney or other written authorization.
Tax 1.13(2) (2)Exceptions.
Tax 1.13(2)(a)(a) A power of attorney is not required for a taxpayer's representative to inspect confidential information or to represent the taxpayer at conferences, if the representative is accompanied by the taxpayer or, if a corporation, by an officer or authorized employee of the corporation.
Tax 1.13(2)(b) (b) Generally a power of attorney is not required in the case of a trustee, receiver, guardian, administrator or executor of an estate, or a representative appointed by a court.
Tax 1.13(3) (3)Filing of power of attorney.
Tax 1.13(3)(a)(a) One power of attorney form shall be filed with the Wisconsin department of revenue, with one additional copy for each additional tax matter.
Tax 1.13(3)(b) (b) One power of attorney form shall be filed in each office of the department in which the taxpayer's representative, in connection with the matter under consideration, intends performing one or more of the acts enumerated in sub. (1).
Tax 1.13(4) (4)Form of power of attorney.
Tax 1.13(4)(a)(a) Power of attorney forms are available from the Wisconsin department of revenue's web site or from any Wisconsin department of revenue office. The Wisconsin form, Form A-222, is similar to the federal power of attorney form, Form 2848.
Tax 1.13(4)(b) (b) Use of the Wisconsin power of attorney form is not mandatory. However, the department prefers that this form or another similar form be used. The Wisconsin power of attorney form or substitute form shall clearly express the scope of the authority granted the taxpayer's representative, the Wisconsin tax matters, e.g., income, sales, or franchise tax, covered and the tax year or period to which it relates.
Tax 1.13 Note Note: Forms may be obtained from the department of revenue's web site at www.revenue.wi.gov.
Tax 1.13 History History: Cr. Register, February, 1978, No. 266, eff. 3-1-78; am. (1) (b), Register, September, 1983, No. 333, eff. 10-1-83; am. (1) (a) 1. and (b), (3) (a) and (4), Register, July, 1987, No. 379, eff. 8-1-87; am. (1) (a) 2. and (b), (2) (b), (3) (a) and (4) (b), Register, February, 1990, No. 410, eff. 3-1-90; CR 10-095: cr. (1) (c), am. (4) (a) Register November 2010 No. 659, eff. 12-1-10; CR 17-019: am. (1) (b), (4) (b), Register June 2018 No. 750 eff. 7-1-18.
Tax 1.14 Tax 1.14Petition for redetermination.
Tax 1.14(1) (1)Scope. A person feeling aggrieved by a notice of additional assessment of income, franchise, withholding, state, county or stadium sales or use, premier resort area, local exposition, motor vehicle fuel, alternate fuels, general aviation fuel, fermented malt beverages, liquor, cigarette, tobacco products or controlled substances tax or petroleum inspection, state rental vehicle or dry cleaning fee, by a notice of reduced homestead, farmland preservation or other credits, or by a notice of refund or denial of refund may petition the department for redetermination. This section describes the administrative provisions related to the petition for department redetermination.
Tax 1.14(2) (2)Format of the petition. The petition for redetermination shall be in writing and shall set forth clearly and concisely the specific grievances to the assessment, reduced credit, refund or denial of refund, including a statement of the relevant facts and propositions of law upon which the grievance is based. Every petition shall be signed by the taxpayer or by a duly authorized representative.
Tax 1.14(3) (3)Filing deadline.
Tax 1.14(3)(a)(a) To be considered “ timely filed" a petition for redetermination shall be filed within 60 days after receipt of a notice of additional assessment, reduced credit, refund or denial of refund. Except as provided in par. (b), a petition for redetermination is “filed" within the proper statutory 60-day time period only if it is actually received by the department, or at the destination that the department prescribes, within the 60-day period, or it is mailed in a properly addressed envelope, with postage prepaid, the envelope is postmarked before midnight of the 60th day and the petition is actually received by the department, or at the destination that the department prescribes, within 5 business days of the prescribed 60th day date.
Tax 1.14(3)(b) (b) In lieu of being received by the department or at a destination prescribed by the department, a petition for redetermination may be received at a destination prescribed by the department of administration if the petition for redetermination relates to a notice of additional assessment, reduced credit, refund or refund denial of income, franchise, withholding, motor vehicle fuel, alternate fuels, general aviation fuel, fermented malt beverages, liquor, cigarette, tobacco products or controlled substances tax, homestead, farmland preservation or other credit or state rental vehicle fee.
Tax 1.14(4) (4)Deposit or payment.
Tax 1.14(4)(a)(a) Deposit. Any person who files a petition for redetermination may elect to deposit the amount of additional assessment, including interest and penalty, with the department, or with a person that the department prescribes, at any time before the department makes its redetermination. Any deposited amount that is later refunded shall bear interest at the statutory rate.
Tax 1.14(4)(b) (b) Payment. A person may also pay any portion of the assessment admitted to be correct together with interest computed to the date of payment. However, the payment shall be considered an admission that the paid portion of the assessment is correct. The admitted portion that is paid may not be recovered in an appeal or in any other action or proceeding.
Tax 1.14(5) (5)Informal conference. A taxpayer may request in a petition for redetermination or at any time before the department has acted on the petition, an informal conference at which the facts and issues involved in the assessment or determination may be discussed. The conference shall be held at a time and place determined by the department.
Tax 1.14(6) (6)Closing stipulations. If the informal conference specified in sub. (5) results in an agreement as to facts and issues and the applicable law, the taxpayer and the department may enter into a closing stipulation.
Tax 1.14(7) (7)Combined groups. To the extent a notice of additional assessment of income or franchise tax, or any other notice under sub. (1), results from amounts required to be included in a combined return under s. 71.255, Stats., any act described in this section which is executed by the designated agent of the combined group is considered an act executed by all members of the combined group.
Tax 1.14 History History: 1-2-56; am. Register, February, 1975, No. 230, eff. 3-1-75; am. Register, July, 1978, No. 271, eff. 8-1-78; renum. (1) and (2) to be (2) and (3) and am., cr. (1) and (4), (5) and (6) renum. from Tax 3.92 and 3.93 and am., Register, June, 1990, No. 414, eff. 7-1-90; CR 02-033: renum. from Tax 3.91 and am. Register October 2002 No. 562, eff. 11-1-02; CR 10-095: cr. (7) Register November 2010 No. 659, eff. 12-1-10.
Tax 1.15 Tax 1.15Enforcement of rules against a small business that has commited a minor violation.
Tax 1.15(1) (1)Purpose. This section discloses the discretion the department will follow in the enforcement of rules against a small business that has committed a minor violation.
Tax 1.15(2) (2)Definitions. In this section:
Tax 1.15(2)(a)(a) “Minor violation" has the meaning given in s. 227.04 (1) (a), Stats.
Tax 1.15(2)(b) (b) “Small business" has the meaning given in s. 227.114 (1), Stats.
Tax 1.15(3) (3)Discretion the department will follow. The enforcement of rules against a small business that has committed a minor violation, including the assessment of a penalty, forfeiture, fine, or interest, shall be done on a case-by-case basis. Each case shall be determined on its merits as evaluated by the department, taking into consideration all relevant factors. Factors shall include:
Tax 1.15(3)(a) (a) The difficulty and cost of compliance with the rule by the small business.
Tax 1.15(3)(b) (b) The financial capacity of the small business, including the ability of the small business to pay the amount of any penalty that may be imposed.
Tax 1.15(3)(c) (c) The compliance options available, including options for achieving voluntary compliance with the rule.
Tax 1.15(3)(d) (d) The level of public interest and concern.
Tax 1.15(3)(e) (e) The opportunities available to the small business to understand and comply with the rule.
Tax 1.15(3)(f) (f) Fairness to the small business and to other persons, including competitors and the public.
Tax 1.15(4) (4)Scope of discretion allowed. The department shall allow the discretion described in sub. (3) to be considered in all situations in which a small business has committed a minor violation, except in a situation where any of the following apply:
Tax 1.15(4)(a) (a) The violation results in a substantial economic advantage for the small business.
Tax 1.15(4)(b) (b) The small business has violated the same rule or guideline more than 3 times in the past 5 years.
Tax 1.15(4)(c) (c) The violation may result in an imminent endangerment to the environment, or to public health or safety.
Tax 1.15(5) (5)Voluntary disclosure. The department encourages a small business that has committed a minor violation to voluntarily disclose the minor violation. On a case-by-case basis, considering all relevant factors, the department may exercise discretion to:
Tax 1.15(5)(a) (a) Enter into a written agreement with the small business that restricts the statute of limitations.
Tax 1.15(5)(b) (b) Waive penalties.
Tax 1.15(5)(c) (c) Reduce the number of periods for which returns shall be filed.
Tax 1.15 Note Note: Section Tax 1.15 interprets s. 227.04, Stats.
Tax 1.15 History History: CR 06-087: cr. Register November 2006 No. 611, eff. 12-1-06; CR 16-046: am. (title), (1), r. and recr. (2) to (4), am. (5) (intro.) Register January 2018 No. 745, eff. 2-1-18.
Tax 1.16 Tax 1.16Financial record matching program.
Tax 1.16(1)(1)Purpose. The purpose of this section is to specify procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under s. 71.91 (8), Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.