LRBb0529/1
JK:wlj:pg
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 100
June 21, 2005 - Offered by Representatives Black, Shilling, Benedict, Berceau,
Boyle, Fields, Grigsby, Hebl, Kessler, Kreuser, Lehman, Molepske, Nelson,
Parisi, Pocan, Pope-Roberts, Richards, Seidel, Sheridan, Sherman, Sinicki,
Staskunas, Toles, Turner, Vruwink, Young and Zepnick.
AB100-ASA1-AA2,1,65
20.835
(3) (bm)
Homeowner's tax credit. A sum sufficient to make the payments
6under s. 79.10 (5m) and (6m) (c).".
AB100-ASA1-AA2,1,8
8"
Section 1311nb. 71.07 (9) (b) 5. of the statutes is amended to read:
AB100-ASA1-AA2,2,49
71.07
(9) (b) 5. For taxable years beginning after December 31, 1999, subject
10to the limitations under this subsection a claimant may claim as a credit against, but
11not to exceed the amount of, taxes under s. 71.02,
12%
12 percent of the first $2,500
1of property taxes or
16 percent of the first $2,500 of rent constituting property taxes,
2or 12% except that a married person filing separately may claim 12 percent of the
3first $1,250 of property taxes or
16 percent of the first $1,250 of rent constituting
4property taxes
of a married person filing separately.".
AB100-ASA1-AA2,2,97
74.09
(3) (b) 6. The amount of the
credit credits under s. 79.10 (5)
and (5m) 8allocable to the property for the previous year and the current year, and the
9percentage change between those years.".
AB100-ASA1-AA2,2,1512
79.10
(1) (dm) "Principal dwelling" means any dwelling that is used by the
13owner of the dwelling as a primary residence on January 1 of the year preceding the
14allocation of
a credit credits under sub. (9) (bm)
and (bn) and includes improvements
15that are classified, under ch. 70, as taxable real property or personal property.
AB100-ASA1-AA2,2,1817
79.10
(1m) (a) Each municipality shall notify the department of revenue of the
18total amount of credits allocated under sub. (9) (bm)
and (bn).
AB100-ASA1-AA2,2,2119
(b) Counties and municipalities shall submit to the department of revenue all
20data related to the lottery and gaming credit and
homeowner's tax credit that is 21requested by the department of revenue.
AB100-ASA1-AA2,3,623
79.10
(2) Notice to municipalities. On or before December 1 of the year
24preceding the distribution under sub. (7m) (a), the department of revenue shall
1notify the clerk of each town, village and city of the estimated fair market value, as
2determined under sub. (11), to be used to calculate the lottery and gaming credit
3under sub. (5)
and the homeowner's tax credit under sub. (5m) and of the amount to
4be distributed to it under sub. (7m) (a) on the following 4th Monday in July. The
5anticipated receipt of such distribution shall not be taken into consideration in
6determining the tax rate of the municipality but shall be applied as tax credits.
AB100-ASA1-AA2,3,138
79.10
(5m) Homeowner's tax credit. Each municipality shall receive, from the
9appropriation under s. 20.835 (3) (bm), an amount determined by multiplying the
10school tax rate by the estimated fair market value, determined under sub. (11), but
11not to exceed $60,000, of every principal dwelling that is located in the municipality
12and for which a claim for the credit under sub. (9) (bn) is made by the owner of the
13principal dwelling.
AB100-ASA1-AA2,4,315
79.10
(6m) (a) Except as provided in pars. (b) and (c), if the department of
16administration or the department of revenue determines by October 1 of the year of
17any distribution under subs. (4)
and, (5)
, and (5m) that there was an overpayment
18or underpayment made in that year's distribution by the department of
19administration to municipalities, as determined under subs. (4)
and, (5)
, and (5m),
20because of an error by the department of administration, the department of revenue
, 21or any municipality, the overpayment or underpayment shall be corrected as
22provided in this paragraph. Any overpayment shall be corrected by reducing the
23subsequent year's distribution, as determined under subs. (4)
and, (5)
, and (5m), by
24an amount equal to the amount of the overpayment. Any underpayment shall be
25corrected by increasing the subsequent year's distribution, as determined under
1subs. (4)
and, (5)
, and (5m), by an amount equal to the amount of the underpayment.
2Corrections shall be made in the distributions to all municipalities affected by the
3error. Corrections shall be without interest.
AB100-ASA1-AA2,4,85
79.10
(7m) (c)
Homeowner's tax credit. 1. The amount determined under sub.
6(5m) with respect to claims filed for which the town, village, or city has furnished
7notice under sub. (1m) by March 1 shall be distributed from the appropriation under
8s. 20.835 (3) (bm) by the department of administration on the 4th Monday in March.
AB100-ASA1-AA2,4,159
2. The town, village, or city treasurer shall settle for the amounts distributed
10on the 4th Monday in March under this paragraph with each taxing jurisdiction
11within the taxation district or provide the amounts distributed to the appropriate
12county treasurer for settlement not later than April 15. Failure to settle timely under
13this subdivision subjects the town, village, or city treasurer to the penalties under
14s. 74.31. On or before August 20, the county treasurer shall settle with each taxing
15jurisdiction, including towns, villages, and cities except 1st class cities, in the county.
AB100-ASA1-AA2,4,2117
79.10
(9) (bn)
Homeowner's tax credit. Except as provided in ss. 79.175 and
1879.18, a homeowner's tax credit shall be allocated to every principal dwelling for
19which a credit is claimed under sub. (10) in an amount determined by multiplying
20the estimated fair market value of the principal dwelling, as determined under sub.
21(11), but not to exceed $60,000, by the school tax rate.
AB100-ASA1-AA2,5,223
79.10
(9) (c) 1. The lottery and gaming credit under par. (bm)
and the
24homeowner's tax credit under par. (bn) shall reduce the property taxes otherwise
1payable on property that is eligible for that credit and if the property owner
2completes the information required under sub. (10) (a) or (b).
AB100-ASA1-AA2,5,54
79.10
(10) (title)
Claiming the lottery and gaming credit and the
5homeowner's tax credit.
AB100-ASA1-AA2,5,217
79.10
(10) (a)
Beginning with property taxes levied in 1999, the The owner of
8a principal dwelling may claim the
credit credits under sub. (9) (bm)
and (bn) by
9applying for the
credit credits on a form prescribed by the department of revenue.
10A claimant shall attest that, as of the certification date, the claimant is an owner of
11property and that such property is used by the owner in the manner specified under
12sub. (1) (dm). The certification date is January 1 of the year in which the property
13taxes are levied. The claimant shall file the application for the
lottery and gaming
14credit credits with the treasurer of the county in which the property is located or, if
15the property is located in a city that collects taxes under s. 74.87, with the treasurer
16of the city in which the property is located. Subject to review by the department of
17revenue, a treasurer who receives a completed application shall direct that the
18property described in the application be identified on the next tax roll as property for
19which the owner is entitled to receive
a lottery and gaming credit credits. A claim
20that is made under this paragraph is valid for as long as the property is eligible for
21the
credit credits under sub. (9) (bm)
and (bn).
AB100-ASA1-AA2,6,423
79.10
(10) (b) A person who becomes eligible for
a credit credits under sub. (9)
24(bm)
and (bn) may claim the
credit
credits by filing an application, on a form
25prescribed by the department of revenue, with the treasurer of the county in which
1the property is located or, if the property is located in a city that collects taxes under
2s. 74.87, with the treasurer of the city in which the property is located. Claims made
3under this paragraph are valid for as long as the property is eligible for the
credit 4credits under sub. (9) (bm)
and (bn).
AB100-ASA1-AA2,6,176
79.10
(10) (bm) 1. A person who is eligible for
a credit credits under sub. (9) (bm)
7and (bn) but whose property tax bill does not reflect the
credit credits may claim the
8credit credits by applying to the treasurer of the taxation district in which the
9property is located for the
credit credits under par. (a) by January 31 following the
10issuance of the person's property tax bill. The treasurer shall compute the amount
11of the
credit credits; subtract the amount of the
credit credits from the person's
12property tax bill; notify the person of the reduced amount of the property taxes due;
13issue a refund to the person if the person has paid the property taxes in full; and enter
14the person's property on the next tax roll as property that qualifies for a lottery and
15gaming credit
and a homeowner's tax credit. Claims made under this subdivision
16are valid for as long as the property is eligible for the
credit credits under sub. (9) (bm)
17and (bn).
AB100-ASA1-AA2,7,318
2. A person who may apply for
a credit credits under subd. 1. but who does not
19timely apply for the
credit credits under subd. 1. may apply to the department of
20revenue no later than October 1 following the issuance of the person's property tax
21bill. Subject to review by the department, the department shall compute the amount
22of the
credit credits; issue a check to the person in the amount of the
credit credits;
23and notify the treasurer of the county in which the person's property is located or the
24treasurer of the taxation district in which the person's property is located, if the
25taxation district collects taxes under s. 74.87. The treasurer shall enter the person's
1property on the next tax roll as property that qualifies for a lottery and gaming credit
2and a homeowner's tax credit. Claims made under this subdivision are valid for as
3long as the property is eligible for the
credit credits under sub. (9) (bm)
and (bn).
AB100-ASA1-AA2,7,145
79.10
(10) (bn) 1. If a person who owns and uses property as specified under
6sub. (1) (dm), as of the certification date under par. (a), transfers the property after
7the certification date, the transferee may apply to the treasurer of the county in
8which the property is located or, if the property is located in a city that collects taxes
9under s. 74.87, to the treasurer of the city in which the property is located for the
10credit credits under sub. (9) (bm)
and (bn) on a form prescribed by the department
11of revenue. The transferee shall attest that, to the transferee's knowledge, the
12transferor used the property in the manner specified under sub. (1) (dm) as of the
13certification date under par. (a). A claim that is made under this subdivision is valid
14for as long as the property is eligible for the
credit
credits under sub. (9) (bm)
and (bn).
AB100-ASA1-AA2,7,2215
2. A person who is eligible for
a credit credits under subd. 1. but whose property
16tax bill does not reflect the
credit credits may claim the
credit credits by applying to
17the treasurer of the taxation district in which the property is located for the
credit 18credits by January 31 following the issuance of the person's property tax bill. Claims
19made after January 31, but no later than October 1 following the issuance of the
20person's property tax bill, shall be made to the department of revenue. Paragraph
21(bm), as it applies to processing claims made under that paragraph, applies to
22processing claims made under this subdivision.
AB100-ASA1-AA2,8,424
79.10
(10) (c) If a person who is certified under par. (a) to claim the
credit credits 25under sub. (9) (bm)
and (bn) becomes ineligible for the
credit credits under sub. (9)
1(bm)
and (bn), that person shall, within 30 days of becoming ineligible, notify the
2treasurer of the county in which the property is located or, if the property is located
3in a city that collects taxes under s. 74.87, the treasurer of the city in which the
4property is located.
AB100-ASA1-AA2,8,76
79.10
(10) (e) 2. The certification procedure includes a procedure that is similar
7in effect to the procedure described in
par. pars. (bm)
and (bn).
