77.72 History
History: 1985 a. 41;
2001 a. 109.
77.73
77.73
Jurisdiction to tax. 77.73(1)(1) Retailers making deliveries in their company-operated vehicles of tangible personal property, or of property on which taxable services were performed, to purchasers in a county or special district are doing business in that county or special district, and that county or special district has jurisdiction to impose the taxes under this subchapter on them.
77.73(2)
(2) Counties and special districts do not have jurisdiction to impose the tax under
s. 77.71 (2) in regard to tangible personal property purchased in a sale that is consummated in another county or special district in this state that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county or special district that has imposed a tax under
s. 77.71 (2).
77.73 History
History: 1985 a. 41;
1995 a. 56.
77.74
77.74
Seller permits. An additional seller's permit shall not be required of any retailer who has been issued a permit under
subch. III.
77.75
77.75
Reports. Every person subject to county or special district sales and use taxes shall, for each reporting period, record that person's sales made in the county or special district that has imposed those taxes separately from sales made elsewhere in this state and file a report of the measure of the county or special district sales and use taxes and the tax due thereon separately.
77.76
77.76
Administration. 77.76(1)(1) The department of revenue shall have full power to levy, enforce and collect county and special district sales and use taxes and may take any action, conduct any proceeding, impose interest and penalties and in all respects proceed as it is authorized to proceed for the taxes imposed by
subch. III. The department of transportation and the department of natural resources may administer the county and special district sales and use taxes in regard to items under
s. 77.61 (1).
77.76(2)
(2) Judicial and administrative review of departmental determinations shall be as provided in
subch. III for state sales and use taxes, and no county or special district may intervene in any matter related to the levy, enforcement and collection of the taxes under this subchapter.
77.76(3)
(3) From the appropriation under
s. 20.835 (4) (g) the department shall distribute 98.25% of the county taxes reported for each enacting county, minus the county portion of the retailers' discounts, to the county and shall indicate the taxes reported by each taxpayer, no later than 75 days following the last day of the calendar quarter in which such amounts were reported. In this subsection, the "county portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross county sales and use taxes payable and the denominator of which is the sum of the gross state and county sales and use taxes payable. The county taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the county taxes previously distributed. Interest paid on refunds of county sales and use taxes shall be paid from the appropriation under
s. 20.835 (4) (g) at the rate paid by this state under
s. 77.60 (1) (a). The county may retain the amount it receives or it may distribute all or a portion of the amount it receives to the towns, villages, cities and school districts in the county. Any county receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under
s. 77.61 (5).
77.76(3m)
(3m) From the appropriation under
s. 20.835 (4) (gb) the department, for the first 2 years of collection, shall distribute 97% of the taxes reported for each local professional baseball park district that has imposed taxes under this subchapter, minus the district portion of the retailers' discounts, to the local professional baseball park district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. From the appropriation under
s. 20.835 (4) (gb) the department, after the first 2 years of collection, shall distribute 98.5% of the taxes reported for each local professional baseball park district that has imposed taxes under this subchapter, minus the district portion of the retailers' discount, to the local professional baseball park district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. At the time of distribution the department shall indicate the taxes reported by each taxpayer. In this subsection, the " district portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross local professional baseball park district sales and use taxes payable and the denominator of which is the sum of the gross state and local professional baseball park district sales and use taxes payable. The local professional baseball park district taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the local professional baseball park district taxes previously distributed. Interest paid on refunds of local professional baseball park district sales and use taxes shall be paid from the appropriation under
s. 20.835 (4) (gb) at the rate paid by this state under
s. 77.60 (1) (a). Any local professional baseball park district receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under
s. 77.61 (5).
77.76(3p)
(3p) From the appropriation under
s. 20.835 (4) (ge) the department of revenue shall distribute 98.5% of the taxes reported for each local professional football stadium district that has imposed taxes under this subchapter, minus the district portion of the retailers' discount, to the local professional football stadium district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. At the time of distribution the department of revenue shall indicate the taxes reported by each taxpayer. In this subsection, the "district portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross local professional football stadium district sales and use taxes payable and the denominator of which is the sum of the gross state and local professional football stadium district sales and use taxes payable. The local professional football stadium district taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the local professional football stadium district taxes previously distributed. Interest paid on refunds of local professional football stadium district sales and use taxes shall be paid from the appropriation under
s. 20.835 (4) (ge) at the rate paid by this state under
s. 77.60 (1) (a). Any local professional football stadium district receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under
s. 77.61 (5).
77.76(4)
(4) There shall be retained by the state 1.5% of the taxes collected for taxes imposed by special districts under
ss. 77.705 and
77.706 and
1.75% of the taxes collected for taxes imposed by counties under
s. 77.70 to cover costs incurred by the state in administering, enforcing and collecting the tax. All interest and penalties collected shall be deposited and retained by this state in the general fund.
77.77
77.77
Transitional provisions. 77.77(1)
(1) The gross receipts from services subject to the tax under
s. 77.52 (2) are not subject to the taxes under this subchapter, and the incremental amount of tax caused by a rate increase applicable to those services is not due, if those services are billed to the customer and paid for before the effective date of the county ordinance, special district resolution or rate increase, whether the service is furnished to the customer before or after that date.
77.77(2)
(2) Lease or rental receipts from tangible personal property that the lessor is obligated to furnish at a fixed price under a contract entered into before the effective date of a county ordinance or special district resolution are subject to the taxes under this subchapter on the effective date of the ordinance or resolution, as provided for the state sales tax under
s. 77.54 (18).
77.77(3)
(3) The sale of building materials to contractors engaged in the business of constructing, altering, repairing or improving real estate for others is not subject to the taxes under this subchapter, and the incremental amount of tax caused by the rate increase applicable to those materials is not due, if the materials are affixed and made a structural part of real estate, and the amount payable to the contractor is fixed without regard to the costs incurred in performing a written contract that was irrevocably entered into prior to the effective date of the county ordinance, special district resolution or rate increase or that resulted from the acceptance of a formal written bid accompanied by a bond or other performance guaranty that was irrevocably submitted before that date.
77.77 History
History: 1985 a. 41;
1995 a. 56.
77.78
77.78
Registration. No motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.
77.78 History
History: 1985 a. 41;
1995 a. 56.
77.785
77.785
Duties of retailers. 77.785(1)(1) All retailers shall collect and report the taxes under this subchapter on the gross receipts from leases and rentals of property under
s. 77.71 (4).
77.785(2)
(2) Prior to registration or titling, boat, all-terrain vehicle, trailer and semi-trailer dealers and licensed aircraft, motor vehicle, mobile home and snowmobile dealers shall collect the taxes under this subchapter on sales of items under
s. 77.71 (4). The dealer shall remit those taxes to the department of revenue along with payments of the taxes under
subch. III.
77.785 History
History: 1985 a. 41;
1987 a. 141.
77.79
77.79
Relation to subch. III. The provisions of
subch. III; including those related to exemptions, exceptions, exclusions and the retailers' discount; that are consistent with this subchapter, as they apply to the taxes under that subchapter, apply to the taxes under this subchapter.
77.79 History
History: 1985 a. 41;
1999 a. 32.
MANAGED FOREST LAND
77.80
77.80
Purpose. The purpose of this subchapter is to encourage the management of private forest lands for the production of future forest crops for commercial use through sound forestry practices, recognizing the objectives of individual property owners, compatible recreational uses, watershed protection, development of wildlife habitat and accessibility of private property to the public for recreational purposes.
77.80 History
History: 1985 a. 29.
77.81
77.81
Definitions. In this subchapter:
77.81(1)
(1) "Department" means the department of natural resources.
77.81(2)
(2) "Forestry" means managing forest lands and their related resources, including trees and other plants, animals, soil, water and air.
77.81(3)
(3) "Merchantable timber" means standing trees which, because of their size and quality, are salable.
77.81(4)
(4) "Municipality" means a town, village, or city.
77.81 History
History: 1985 a. 29;
2003 a. 228.
77.82
77.82
Managed forest land; petition. 77.82(1)(a)(a) A parcel of land is eligible for designation as managed forest land only if it fulfills the following requirements:
77.82(1)(a)1.
1. It consists of at least 10 contiguous acres in a single municipality, except as provided in this subdivision. The fact that a lake, river, stream or flowage, a public or private road or a railroad or utility right-of-way separates any part of the land from any other part does not render a parcel of land noncontiguous. If a part of a parcel of at least 10 contiguous acres is separated from another part of that parcel by a public road, that part of the parcel may be enrolled in the program, even if that part is less than 10 acres, if that part meets the requirement under
subd. 2. and is not ineligible under
par. (b).
77.82(1)(a)2.
2. At least 80% of the parcel must be producing or capable of producing a minimum of 20 cubic feet of merchantable timber per acre per year.
77.82(1)(b)
(b) The following land is not eligible for designation as managed forest land:
77.82(1)(b)1.
1. A parcel of which more than 20% consists of land that is unsuitable for producing merchantable timber, including water, marsh, muskeg, bog, rock outcrops, sand dunes, farmland, roadway or railroad and utility rights-of-way.
77.82(1)(b)2.
2. A parcel that is developed for commercial recreation, for industry or for any other use determined by the department to be incompatible with the practice of forestry.
77.82(1)(b)3.
3. A parcel that is developed for a human residence.
77.82(1)(bn)
(bn) For purposes of
par. (b) 3., the department by rule shall define "human residence" to include a residence of the petitioner regardless of whether it is the petitioner's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the petitioner's primary residence.
77.82(1)(c)
(c) In addition to the requirements under
pars. (a) and
(b), for land subject to a petition under
sub. (4m), all forest croplands owned by the petitioner on the date on which the petition is submitted that are located in the municipality for which the petition is submitted shall be included in the petition.
77.82(2)
(2) Petition. Any owner of land may petition the department to designate any eligible parcel of land as managed forest land. A petition may include any number of eligible parcels under the same ownership in a single municipality. Each petition shall include all of the following:
77.82(2)(b)
(b) The legal description or the location and acreage of each parcel of land.
77.82(2)(c)
(c) The legal description of the area in which the parcel is located.
77.82(2)(cm)
(cm) A copy of an instrument that has been recorded in the office of the register of deeds of the county in which the property is located that shows the ownership of the land subject to the petition.
77.82(2)(d)
(d) A description of the physical characteristics of the land, in sufficient detail to enable the department to determine if it meets the eligibility requirements under
sub. (1).
77.82(2)(e)
(e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the development and approval of a management plan. The petition may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
77.82(2)(f)
(f) Proof that each person holding any encumbrance on the land agrees to the petition.
77.82(2)(g)
(g) A map, diagram or aerial photograph showing the location and acreage of any area that will be designated as closed to the public under
s. 77.83.
77.82(2)(h)
(h) Whether the land will be designated as managed forest land for 25 or 50 years.
77.82(2)(i)
(i) If a proposed management plan is not submitted with the petition, a request that the department prepare a management plan.
77.82(2m)(a)(a) Except as provided in
par. (b), a petition under
sub. (2),
(4m), or
(12) shall be accompanied by a nonrefundable application fee of $300.
77.82(2m)(b)
(b) If the petition under
sub. (2),
(4m), or
(12) is accompanied by a proposed management plan as provided in
par. (c), the nonrefundable application fee shall be $20 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter.
Effective date note
NOTE: Par. (b) is repealed and recreated eff. 11-1-05 by
2003 Wis. Act 228 to read:
Effective date text
(b) If the petition under sub. (2), (4m), or (12) is accompanied by a management plan, the nonrefundable application fee shall be $20 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter.
77.82(2m)(c)
(c) A proposed management plan that qualifies for the reduced fee under
par. (b) shall be one of the following:
77.82(2m)(c)1.
1. A management plan prepared by a qualified forester, as defined by rule by the department.
77.82(2m)(c)2.
2. Any other management plan approved by the department.
77.82(2m)(c)3.
3. For petitions under
sub. (4m), a recent management plan that was approved by the department for the forest cropland that is subject to the conversion petition under
sub. (4m).
77.82(2m)(d)1.1. All the fees collected under this subsection shall be deposited in the conservation fund. All of the fees collected under
par. (b) and $20 of each $300 fee collected under
par. (a) shall be credited to the appropriation under
s. 20.370 (1) (cr), except as provided under
subd. 2.
77.82(2m)(d)2.
2. The department may establish by rule a different amount of each $300 fee under
subd. 1. that will be credited to the appropriation under
s. 20.370 (1) (cr). The amount shall be equal to the average expense to the department of recording an order issued under this subchapter.
77.82(2m)(e)
(e) If a management plan accompanying a petition filed under
sub. (2),
(4m), or
(12) is not approved by the department under its initial review under
sub. (3) (a), the department shall collect from the petitioner a fee in an amount equal to $300 less the amount the petitioner paid under
par. (b).
77.82(3)(a)(a) The petitioner may submit a proposed management plan for the entire acreage of each parcel with the petition. The department, after considering the owner's forest management objectives as stated under
sub. (2) (e), shall review and either approve or disapprove the proposed plan. If the department disapproves a plan, it shall inform the petitioner of the changes necessary to qualify the plan for approval upon subsequent review.
77.82(3)(b)
(b) If the petitioner requests that the department prepare the management plan, the department shall comply with the request.
77.82(3)(c)
(c) To qualify for approval, a management plan shall include all of the following:
Effective date note
NOTE: Par. (c) (intro.) is amended eff. 11-1-05 by
2003 Wis. Act 228 to read:
Effective date text
(c) To qualify for approval, a management plan shall be prepared by a plan writer certified by the department or prepared by the department itself and shall include all of the following:
77.82(3)(c)2.
2. The legal description of the parcel or of the area in which the parcel is located.
77.82(3)(c)3.
3. A statement of the owner's forest management objectives.
77.82(3)(c)4.
4. A map, diagram or aerial photograph which identifies both forested and unforested areas of the land, using conventional map symbols indicating the species, size and density of vegetation and the other major features of the land.
77.82(3)(c)5.
5. A map, diagram or aerial photograph which identifies the areas designated as open and closed under
s. 77.83.
77.82(3)(c)6.
6. A description of the forestry practices, including harvesting, thinning and reforestation, that will be undertaken during the term of the order, specifying the period of time in which each will be completed.
77.82(3)(c)7.
7. A description of soil conservation practices that may be necessary to control any soil erosion that may result from the forestry practices specified under
subd. 6.
