Register September 2017 No. 741
Chapter Tax 20
LOTTERY AND GAMING CREDIT
Tax 20.04   Purpose.
Tax 20.05   Definitions.
Tax 20.06   Computing the lottery and gaming credit.
Tax 20.07   How to claim the credit.
Tax 20.08   Responsibilities of county treasurer and taxation district treasurer.
Tax 20.09   Payment of lottery and gaming credits.
Tax 20.10   Settlement for lottery and gaming credits.
Tax 20.11   Corrections.
Tax 20.12   Audit; penalties.
Ch. Tax 20 Note Note: Sections Tax 20.01 to 20.09 were created as emergency rules effective December 2, 1991; Chapter Tax 20 was repealed and recreated, Register October 2011 No. 670, eff. 11-1-11.
Tax 20.04 Tax 20.04 Purpose. The purpose of this chapter is to provide definitions related to the lottery and gaming credit and establish procedures to assist in the management of the lottery and gaming credit program at the state, county, town, village, and city level.
Tax 20.04 Note Note: Department of Revenue forms mentioned through this chapter are located on the department's web site at www.revenue.wi.gov.
Tax 20.04 History History: CR 10-129: cr. Register October 2011 No. 670, eff. 11-1-11; CR 16-064: am. Register September 2017 No. 741 eff. 10-1-17.
Tax 20.05 Tax 20.05 Definitions. In this chapter:
Tax 20.05(1) (1) “Application" means the form used to claim the lottery and gaming credit.
Tax 20.05(2) (2) “Approved property" means taxable real estate or an item of personal property that contains the primary residence of an owner whose application for a lottery and gaming credit has been timely filed under s. Tax 20.07 or 20.11, and has not been disqualified by the department.
Tax 20.05(3) (3) “Certification date" means January 1 of the year the tax is levied. For manufactured and mobile homes placed in a manufactured or mobile home community after January 1, the certification date is determined under s. 66.0435 (3) (c) 2., Stats.
Tax 20.05(4) (4) “Credit" means the lottery and gaming credit under ss. 66.0435 (3) (c) 8. and 79.10, Stats.
Tax 20.05(5) (5) “Department" means the department of revenue.
Tax 20.05(6) (6) “Dwelling" means a structure or that part of a multidwelling or multipurpose structure occupied as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from outside the building or through a common hall. “Dwelling" does not include a structure which is exempt from property taxes under s. 70.111 (19) or 70.112 (5), Stats., in the year of the credit.
Tax 20.05(7) (7) “Manufactured home" has the meaning given in s. 66.0435 (1) (cm), Stats.
Tax 20.05(8) (8) “Maximum credit value" or “MCV" means the value of property calculated by the department as provided in s. 79.10 (11) (c), Stats., for purposes of computing the lottery and gaming credit.
Tax 20.05(9) (9) “Mobile home" has the meaning given in s. 66.0435 (1) (d), Stats.
Tax 20.05(10) (10) “Monthly municipal permit fee" means the fee calculated under s. 66.0435 (3) (c), Stats., collected by the local taxing authority or community operator, as defined in s. 66.0435 (1) (c), Stats., from each occupied space or lot in a manufactured or mobile home community located in the licensing authority's boundaries.
Tax 20.05(11) (11) “Municipality" means any town, village, or city.
Tax 20.05(12) (12) “Owner" means:
Tax 20.05(12)(a) (a) A person named as an owner on the title instrument for that person's primary residence which is recorded in the records of the register of deeds for the county in which that person's primary residence is located.
Tax 20.05(12)(b) (b) A person related as husband or wife to a person under par. (a), (d), (f), (g), or (h).
Tax 20.05(12)(c) (c) A partner of a partnership under s. 178.0102 (11), Stats., or shareholder of a tax-option corporation as defined in s. 71.34 (2), Stats., or a shareholder of a small business corporation as defined in s. 1361 (b) of the Internal Revenue Code, if that partnership or corporation owns property that is the primary residence of the partner or shareholder.
Tax 20.05(12)(d) (d) A buyer in possession under a land contract of property which is the primary residence of the buyer, provided that the land contract or the instrument evidencing the existence of a land contract is notarized no later than 6 months after the certification date.
Tax 20.05(12)(e) (e) A trustee, as defined in s. 701.0103 (28), Stats., of a trust in property, as defined in s. 701.0103 (20), Stats., where a beneficiary of that trust, as defined in s. 701.0103 (3), Stats., uses the property as his or her primary residence.
Tax 20.05(12)(f) (f) A member, as defined in s. 185.01 (5), Stats., of a cooperation as defined in s. 185.01 (2), Stats., that owns property that is the primary residence of the member.
Tax 20.05(12)(g) (g) A person holding a property interest for life under s. 700.02 (3), Stats., in property on which that person's primary residence is located, provided that the life interest is notarized no later than 6 months after the certification date.
Tax 20.05(12)(h) (h) An owner of a manufactured or mobile home.
Tax 20.05(12)(i) (i) A lawfully authorized agent of an owner described under pars. (a) to (h) acting on behalf of that owner.
Tax 20.05(13) (13) “Primary residence" means the dwelling where an individual lives most of the time and to which, when temporarily away, the individual returns, except that no individual may have more than one primary residence at any time. “Primary residence" includes a dwelling located in this state lived in by an individual for more than 6 months during a year in which the individual lived only part of the year in this state.
Tax 20.05 Note Note: Eligibility for the lottery credit will not be denied to an owner who is a temporary resident of a facility such as a health care facility if it is the intent of the owner to return to his or her primary residence.
Tax 20.05(14) (14) “School tax rate" means the rate computed by the department as the total amount levied by the school district in which the property is located divided by the full value of the school district excluding tax incremental district value increments.
Tax 20.05(15) (15) “Taxation district" has the meaning given in s. 74.01 (6), Stats.
Tax 20.05(16) (16) “Taxing jurisdiction" has the meaning given in s. 74.01 (7), Stats.
Tax 20.05 History History: CR 10-129: cr. Register October 2011 No. 670, eff. 11-1-11; correction in (12) (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 736; CR 16-064: am. (intro.) Register September 2017 No. 741 eff. 10-1-17.
Tax 20.06 Tax 20.06 Computing the lottery and gaming credit.
Tax 20.06(1)(1) For owners of taxable property, the credit is computed as the estimated fair market value, not to exceed the maximum credit value, of the approved property multiplied by the school tax rate for the school district in which the approved property is located.
Tax 20.06(2) (2) For owners of manufactured and mobile homes subject to a monthly municipal permit fee, the credit is computed as the fair market value minus the tax exempt household furnishings of the manufactured or mobile home, as established by the assessor under s. 66.0435 (3) (c), Stats., for January 1, not to exceed the maximum credit value, multiplied by the school tax rate for the school district in which the manufactured or mobile home is located.
Tax 20.06(3) (3) The amount of property tax or monthly municipal permit fee due after subtracting the lottery and gaming credit may not be less than zero.
Tax 20.06 History History: CR 10-129: cr. Register October 2011 No. 670, eff. 11-1-11.
Tax 20.07 Tax 20.07 How to claim the credit.
Tax 20.07(1) (1) Taxable property.
Tax 20.07(1)(a)(a) An owner of taxable property who qualifies for the lottery and gaming credit may claim the credit on an application form prescribed by the department. The application form shall require the claimant to attest to, as of the certification date, owning the property described on the application form and using it as a primary residence. The completed application form shall be filed with the county treasurer except that in a city that collects taxes under s. 74.87, Stats., the application form shall be filed with the city treasurer. A claim made under this paragraph is valid until no longer eligible, at which time the claim shall be withdrawn by the claimant as required under sub. (3), except as provided under s. Tax 20.12 (2).
Tax 20.07 Note Note: The various application forms used to claim the lottery and gaming credit are available on the department's web site at www.revenue.wi.gov.
Tax 20.07(1)(b) (b) If more than one owner qualifies for and claims a credit on taxable property, each owner shall claim the credit under par. (a) on a separate application form. The number of credits claimed on a property may not exceed the number of dwellings on the property. Total credits for each dwelling are limited by s. Tax 20.06 (3).
Tax 20.07 Note Note: Examples of owners whose primary residence is on the same property as another owner include co-owners of agricultural land on which each owner has a primary residence or co-owners of a duplex in which each dwelling is occupied by one of the owners.
Tax 20.07(1)(c) (c) An owner who qualifies for the credit against taxes but whose tax bill does not reflect the credit may claim the credit until January 31 following the issuance of the tax bill by filing the application form under par. (a) with the treasurer collecting the taxes. If the application form is approved, the treasurer shall proceed under s. Tax 20.08 (1) (e). Requests made after January 31 shall be filed with the department no later than October 1 following the issuance of the person's property tax bill, on the appropriate late claim application form, for processing under s. Tax 20.11 (2). The department will notify the applicable treasurer of those late claims approved by the department. The treasurer shall then enter the property on the next tax role as property that qualifies for a lottery and gaming credit. The owner should also file an application under par. (a), with the applicable treasurer, to apply for the credit for subsequent years. A claim made under this paragraph is valid until no longer eligible, at which time the claim shall be withdrawn by the claimant as required under sub. (3), except as provided under s. Tax 20.12 (2).
Tax 20.07(1)(d)1.1. If a property transferred qualifies for the credit because a previous owner used the property as his or her primary residence on the certification date, the new owner of the property may apply for the credit on a form prescribed by the department, or by indicating on the real estate transfer return that the property will be used by the owner as their primary residence. Requests made under this paragraph shall be filed with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, Stats., with the treasurer of that city.
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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.