PROPOSED ORDER OF THE DEPARTMENT OF REVENUE REPEALING, RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING, AND CREATING RULES
The Wisconsin Department of Revenue proposes an order to: repeal Tax 2.02 (10) (b) and 3.095 (4) (a) 2.; amend Tax 1.11 (2) and (5) (a) 2., 1.13 (1) (b) and (4) (b), 2.02 (4) (a) 4. and (9) (a) and (10) (a), 2.12 (5) (b), 2.31 (1) (Note), 2.39 (3) (a) 1. and (b) 1. and (c) 1. and (d) and (d) (Note), 2.475 (title) and (1) and (1) (Note) and (2) and (2) (b) (Note) and (4) (Note), 2.955 (3) (a), 3.01 (7) (b) 1., 3.05 (3), and 9.69 (5) (intro.); and create Tax 1.11 (4) (cm) and (gm), 2.955 (4) (e) and (f), and 3.095 (4) (a) 22.; relating to income, franchise, and excise tax provisions.
The scope statement for this rule, SS 082-16, was approved by the Governor on September 13, 2016, published in Register No. 729B on September 26, 2016, and approved by the Secretary of Revenue on October 14, 2016.
Analysis by the Department of Revenue
Statutes interpreted: ss. 71.02, 71.04 (1) (a), (4), and (8) (c), 71.05 (1) (c) 6p., (2), (6) (a) 1., (6) (b) 1. and 47m., 71.07 (7), 71.25 (6) and (10) (c), 71.255 (7), 71.26 (1) (h), 71.45 (1) (c), 71.64 (8), 71.75, 71.78, 71.80 (23) (a) 3. b., 139.82, and 995.12 (2) and (4), Stats. Explanation of agency authority: Under s. 71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This provision applies to the revision of ss. Tax 2.02, 2.12, 2.955, and 3.05. Sections 139.38 (1) and 139.82 (1), Stats., provide the records of cigarette manufacturers and tobacco products manufacturers, respectively, shall be kept in a manner prescribed by the department. These provisions apply to the revision of s. Tax 9.69 (5) (intro.).
Related statute or rule: There are no other applicable statutes or rules.
Plain language analysis: The rule (1) reflects various law changes, (2) clarifies a rule, and (3) corrects errors in current rule provisions.
• Revise s. Tax 1.11 and 1.13 to remove reference to gift and inheritance tax and revise the special situations of who may examine tax returns to include persons who have a material interest in property subject to a tax warrant, as provided by 2015 Wis. Act 216, and for the State Auditor and the employees of the legislative audit bureau as provided by 2013 Wisconsin Act 8. • Revise ss. Tax 2.02, 2.31, and 2.955 to reflect there is no longer a reciprocity agreement between Wisconsin and Minnesota. Revise s. Tax 2.12 to reflect that, for taxable years beginning on or after January 1, 2015, Form 1X is no longer available to file a claim for refund. • Amend s. Tax 2.955 to clarify that, under s. 71.07 (7), Stats., a partner in a partnership or member of a limited liability company treated as a partnership who is a resident of Wisconsin may claim the credit for taxes paid to other states.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Summary of factual data and analytical methodologies: 2013 Wisconsin Act 8 and 2015 Wisconsin Acts 55, 60, and 216 have made changes to Wisconsin's income, franchise, and excise tax laws. The department has created this proposed rule order to reflect these statutory changes, as well as provide needed clarification and correction as described above. No other data was used in the preparation of this proposed rule order or this analysis.
Analysis and supporting documents used to determine effect on small business: This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.
Anticipated costs incurred by private sector: This proposed rule does not have a fiscal effect on the private sector.
Effect on small business: This proposed rule does not affect small business.
Agency contact person: Please contact Jen Chadwick at (608) 266-8253 or firstname.lastname@example.org, if you have any questions regarding this proposed rule.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to the contact person shown below no later than Tuesday, April 25, 2017. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
SECTION 1. Tax 1.11 (2) is amended to read:
Tax 1.11 (2) General. The provisions of ss. 70.375 (2) (b), 71.78, 72.06, 77.61 (5), 77.76 (3), 77.79, 78.80 (3) and (4), 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.