SB140: Bill Text

SB140,9,7 (b) Voluntary payments. 1. `Designation on return.' Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate on the return any amount of additional payment or any amount of a refund due that individual for shared revenue.

SB140,9,10 2. `Designation added to tax owed.' If the individual owes any tax, the individual shall remit in full the tax due and the amount designated on the return for shared revenue when the individual files a tax return.

SB140,9,14 3. `Designation deducted from refund.' Except as provided in par. (d), if the individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80 (3) and (3m), the department shall deduct the amount designated on the return for shared revenue from the amount of the refund.

SB140,9,17 (c) Errors; failure to remit correct amount. If an individual who owes taxes fails to remit an amount equal to or in excess of the total of the actual tax due, after error corrections, and the amount designated on the return for shared revenue:

SB140,9,22 1. The department shall reduce the designation for shared revenue to reflect the amount remitted in excess of the actual tax due, after error corrections, if the individual remitted an amount in excess of the actual tax due, after error corrections, but less than the total of the actual tax due, after error corrections, and the amount originally designated on the return for shared revenue.

SB140,9,24 2. The designation for shared revenue is void if the individual remitted an amount equal to or less than the actual tax due, after error corrections.

SB140,10,6 (d) Errors; insufficient refund. If an individual is owed a refund that does not equal or exceed the amount designated on the return for shared revenue, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections, the department shall reduce the designation for shared revenue to reflect the actual amount of the refund that the individual is otherwise owed, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections.

SB140,10,8 (e) Conditions. If an individual places any conditions on a designation for shared revenue, the designation is void.

SB140,10,11 (f) Void designation. If a designation for shared revenue is void, the department shall disregard the designation and determine amounts due, owed, refunded, and received without regard to the void designation.

SB140,10,13 (g) Tax return. The secretary of revenue shall provide a place for the designations under this subsection on the individual income tax return.

SB140,10,16 (h) Certification of amounts. Annually, on or before September 15, the secretary of revenue shall certify to the department of administration and the state treasurer all of the following:

SB140,10,19 1. The total amount of the administrative costs, including data processing costs, incurred by the department in administering this subsection during the previous fiscal year.

SB140,10,21 2. The total amount received from all designations for shared revenue made by taxpayers during the previous fiscal year.

SB140,10,24 3. The net amount remaining after the administrative costs, including data processing costs, under subd. 1. are subtracted from the total received under subd. 2.

SB140,11,5 (i) Appropriations. From the moneys received from designations for shared revenue, an amount equal to the sum of administrative expenses, including data processing costs, certified under par. (h) 1. shall be deposited in the general fund and credited to the appropriation account under s. 20.566 (1) (hp), and the net amount remaining that is certified under par. (h) 3. shall be deposited into the general fund.

SB140,11,12 (j) Amounts subject to refund. Amounts designated for shared revenue under this subsection are not subject to refund to the taxpayer unless the taxpayer submits information to the satisfaction of the department, within 18 months after the date on which the taxes are due or the date on which the return is filed, whichever is later, that the amount designated is clearly in error. Any refund granted by the department under this paragraph shall be deducted from the moneys received under this subsection in the fiscal year for which the refund is certified.

SB140, s. 14 Section 14. 71.10 (5n) of the statutes is created to read:

SB140,11,15 71.10 (5n) Medical Assistance program checkoff. (a) Definitions. In this subsection:

SB140,11,16 1. "Department" means the department of revenue.

SB140,11,17 2. "Medical Assistance program" means a program under subch. IV of ch. 49.

SB140,11,21 (b) Voluntary payments. 1. `Designation on return.' Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate on the return any amount of additional payment or any amount of a refund due that individual for the Medical Assistance program.

SB140,11,24 2. `Designation added to tax owed.' If the individual owes any tax, the individual shall remit in full the tax due and the amount designated on the return for the Medical Assistance program when the individual files a tax return.

SB140,12,4 3. `Designation deducted from refund.' Except as provided in par. (d), if the individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80 (3) and (3m), the department shall deduct the amount designated on the return for the Medical Assistance program from the amount of the refund.

SB140,12,8 (c) Errors; failure to remit correct amount. If an individual who owes taxes fails to remit an amount equal to or in excess of the total of the actual tax due, after error corrections, and the amount designated on the return for the Medical Assistance program:

SB140,12,14 1. The department shall reduce the designation for the Medical Assistance program to reflect the amount remitted in excess of the actual tax due, after error corrections, if the individual remitted an amount in excess of the actual tax due, after error corrections, but less than the total of the actual tax due, after error corrections, and the amount originally designated on the return for the Medical Assistance program.

SB140,12,16 2. The designation for the Medical Assistance program is void if the individual remitted an amount equal to or less than the actual tax due, after error corrections.

SB140,12,23 (d) Errors; insufficient refund. If an individual is owed a refund that does not equal or exceed the amount designated on the return for the Medical Assistance program, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections, the department shall reduce the designation for the Medical Assistance program to reflect the actual amount of the refund that the individual is otherwise owed, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections.

SB140,12,25 (e) Conditions. If an individual places any conditions on a designation for the Medical Assistance program, the designation is void.

SB140,13,3 (f) Void designation. If a designation for the Medical Assistance program is void, the department shall disregard the designation and determine amounts due, owed, refunded, and received without regard to the void designation.

SB140,13,5 (g) Tax return. The secretary of revenue shall provide a place for the designations under this subsection on the individual income tax return.

SB140,13,8 (h) Certification of amounts. Annually, on or before September 15, the secretary of revenue shall certify to the department of administration and the state treasurer all of the following:

SB140,13,11 1. The total amount of the administrative costs, including data processing costs, incurred by the department in administering this subsection during the previous fiscal year.

SB140,13,13 2. The total amount received from all designations for the Medical Assistance program made by taxpayers during the previous fiscal year.

SB140,13,16 3. The net amount remaining after the administrative costs, including data processing costs, under subd. 1. are subtracted from the total received under subd. 2.

SB140,13,22 (i) Appropriations. From the moneys received from designations for the Medical Assistance program, an amount equal to the sum of administrative expenses, including data processing costs, certified under par. (h) 1. shall be deposited in the general fund and credited to the appropriation account under s. 20.566 (1) (hp), and the net amount remaining that is certified under par. (h) 3. shall be credited to the appropriation under s. 20.435 (4) (ht).

SB140,14,4 (j) Amounts subject to refund. Amounts designated for the Medical Assistance program under this subsection are not subject to refund to the taxpayer unless the taxpayer submits information to the satisfaction of the department, within 18 months after the date on which the taxes are due or the date on which the return is filed, whichever is later, that the amount designated is clearly in error. Any refund granted by the department under this paragraph shall be deducted from the moneys received under this subsection in the fiscal year for which the refund is certified.

SB140, s. 15 Section 15. 79.01 (2d) of the statutes is amended to read:

SB140,14,10 79.01 (2d) There is established an account in the general fund entitled the "County and Municipal Aid Account." Beginning with the distributions in 2011, the total amount to be distributed each year to counties and municipalities from the county and municipal aid account is $824,825,715, plus the amount designated under s. 71.10 (5L).

SB140, s. 16 Section 16. 121.115 of the statutes is created to read:

SB140,14,18 121.115 Elementary and secondary education materials funding. The department shall distribute the moneys appropriated under s. 20.255 (2) (g) to each school district in proportion to the amount of general equalization aid the school district is eligible to be paid in the current school year from the appropriation under s. 20.255 (2) (ac). Payments under this section shall be made annually on the first Monday of December. Moneys received by a school district under this section shall be used for the purposes specified under s. 120.13 (5).

SB140, s. 17 Section 17. 121.90 (2) (am) 5. of the statutes is created to read:

SB140,14,20 121.90 (2) (am) 5. Amounts received under s. 121.115 in the current school year.

SB140, s. 18 Section 18. Initial applicability.

SB140,15,2 (1) The treatment of section 71.10 (5k), (5L), and (5n) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment of section 71.10 (5k) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB140,15,3 (End)