76.54(2)
(2) Any corporation or other person engaged in urban mass transportation of passengers as defined in
s. 71.38.
76.54 History
History: 1987 a. 312 s.
17.
INSURERS
76.60
76.60
Fire and marine insurers; license fees. Every insurer doing a fire or marine insurance business, other than domestic insurers and insurers excepted under
s. 76.61, shall pay to the state, in respect to marine insurance a tax of 0.5% and in respect to fire insurance a tax of 2.375% on the amount of its gross premiums, as calculated under
s. 76.62. In case any insurer discontinues business in this state and reinsures the whole or a part of its risks without making payment of this tax, the insurer accepting such reinsurance shall pay the tax. If several insurers make such reinsurance the tax shall be apportioned among the insurers in proportion to the original premiums upon the business in this state so reinsured by each such insurer. Upon the payment of the tax provided in this section, and the fees required by
s. 601.31, such insurer may be licensed to transact its business until May 1 in the ensuing year, unless before then its license is revoked or forfeited according to law.
76.60 History
History: 1971 c. 125;
1979 c. 102 s.
20; Stats. 1979 s. 76.60;
1989 a. 31.
76.61
76.61
Town mutual insurers; taxes, charges, dues and license fees. No town mutual insurer organized under or subject to
ch. 612 shall be required to pay any taxes, charges, dues or license fees to the state except those charges and dues provided for in
ss. 601.31,
601.32,
601.45 and
601.93.
76.61 History
History: 1971 c. 125;
1973 c. 243;
1975 c. 372 s.
41;
1979 c. 102 ss.
21,
236 (3), (4); Stats. 1979 s. 76.61.
76.62
76.62
License fees; calculation of. All license fees and taxes levied under any provision of law upon gross premiums other than life insurance premiums against any insurer shall be uniformly calculated on the amount of gross premiums received for direct insurance less return premiums and cancellations and returns from savings and gains on all insurance other than reinsurance by the insurer during the preceding year in this state.
76.62 History
History: 1979 c. 102 s.
22; Stats. 1979 s. 76.62;
1989 a. 31.
76.63
76.63
Casualty insurance; license fees. 76.63(1)
(1) Every insurer doing a casualty or surety business, other than domestic insurers and insurers exempted under
s. 76.61, shall pay to the state 2% of its gross premiums, as calculated under
s. 76.62, on all policies or contracts which have been written on the lives of residents or on property in this state.
76.63(2)
(2) Every domestic stock insurer which insures against financial loss by reason of nonpayment of principal, interest and other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate shall pay to the state on or before March 1 in each year 2% of its gross premiums, as calculated under
s. 76.62, on all policies or contracts which have been written on the lives of residents or on property in this state.
76.63 History
History: 1971 c. 125;
1975 c. 372;
1979 c. 102 s.
23; Stats. 1979 s. 76.63;
1989 a. 31.
76.635
76.635
Credit for investment in certified capital companies. 76.635(2)
(2) Credit. An insurer that makes a certified capital investment may credit against the fees due under
s. 76.60,
76.63,
76.65,
76.66 or
76.67, for 10 years beginning with the year of the investment, either 10% of that investment or the amount by which the sum of the insurer's certified capital investments and the insurer's qualified investments exceeds the insurer's qualified investments in the taxable year before the insurer first claimed the credit under this section, whichever is less.
76.635(3)
(3) Carry-forward. If the credit under
sub. (2) is not entirely offset against the fees under
s. 76.60,
76.63,
76.65,
76.66 or
76.67 otherwise due, the unused balance may be carried forward and credited against those fees in the following years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the investment was made and the year in which the carry-forward credit is claimed.
76.635(4)(a)(a) If a certified capital company is decertified, or an investment pool is disqualified, under
s. 560.37 before the certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 1. with respect to the investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay that credit to the commissioner of insurance, for deposit in the general fund, and may not claim more credit in respect to that investment pool.
76.635(4)(b)
(b) If a certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 1. with respect to an investment pool but the certified capital company is decertified, or an investment pool is disqualified, under
s. 560.37 before the certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 2. for that investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay all credits that were claimed for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool and may claim no more credits for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool.
76.635(5)
(5) Sale of credit. An insurer may sell a credit under this section to another insurer that is subject to taxation under this subchapter if the insurer notifies the commissioner of insurance of the sale and includes with that notification a copy of the transfer documents.
76.635(6)
(6) Nullification of credit precluded. This state may not impose a new tax or change an existing tax in order to nullify the credit created under this section.
76.636
76.636
Credit for certain development zone activities. 76.636(1)(a)
(a) "Brownfield" means an industrial or commercial facility in which expansion or redevelopment is complicated by environmental contamination.
76.636(1)(b)
(b) "Development zone" means a development zone under
s. 560.70, a development opportunity zone under
s. 560.795, an enterprise development zone under
s. 560.797, or an agricultural development zone under
s. 560.798.
76.636(1)(c)
(c) "Environmental remediation" means removal or containment of environmental pollution, as defined in
s. 299.01 (4), and restoration of soil or groundwater that is affected by environmental pollution, as defined in
s. 299.01 (4), in a brownfield if that removal, containment, or restoration fulfills the requirement under
s. 71.47 (1de) (a) 1., unless an investigation of the property determines that remediation is required and that remediation is not undertaken.
76.636(1)(d)
(d) "Full-time job" means a regular, nonseasonal, full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150 percent of the federal minimum wage and receives benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.
76.636(1)(e)
(e) "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under
s. 49.145 (2) and
(3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in
s. 49.141 (1) (n), a person who is eligible for child care assistance under
s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in
26 USC 51 (d) (7), a dislocated worker, as defined in
29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under
s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in
s. 71.47 (1dj) (am) 2.
76.636(2)(a)
(a) Fifty percent of the amount expended for environmental remediation in a development zone.
76.636(2)(b)
(b) The amount determined by multiplying the amount determined under
s. 560.785 (1) (b) by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) for those jobs.
76.636(2)(c)
(c) The amount determined by multiplying the amount determined under
s. 560.785 (1) (c) by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) for those jobs.
76.636(2)(d)
(d) The amount determined by multiplying the amount determined under
s. 560.785 (1) (bm) by the number of full-time jobs retained, as provided in the rules under
s. 560.785, excluding jobs for which a credit has been claimed under
s. 71.47 (1dj), in an enterprise development zone under
s. 560.797 and for which significant capital investment was made and by then subtracting the subsidies paid under
s. 49.147 (3) (a) for those jobs.
76.636(2)(e)
(e) The amount determined by multiplying the amount determined under
s. 560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules under
s. 560.785, excluding jobs for which a credit has been claimed under
s. 71.47 (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under
s. 49.147 (3) (a) for those jobs.
76.636(3)
(3) Carry-forward. If the credit under
sub. (2) is not entirely offset against the fees under
s. 76.60,
76.63,
76.65,
76.66, or
76.67 otherwise due, the unused balance may be carried forward and credited against those fees for the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the expense was made and the year in which the carry-forward credit is claimed.
76.636(4)
(4) Credit precluded. If the certification of a person for tax benefits under
s. 560.765 (3),
560.797 (4), or
560.798 (3) is revoked, or if the person becomes ineligible for tax benefits under
s. 560.795 (3), that person may not claim credits under this section for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset the fees under
s. 76.60,
76.63,
76.65,
76.66, or
76.67 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.
76.636(5)
(5) Carry-over precluded. If a person who is entitled under
s. 560.795 (3) to claim tax benefits or certified under
s. 560.765 (3),
560.797 (4), or
560.798 (3) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
76.636(6)
(6) Administration. Any insurer who claims a credit under
sub. (2) shall include with the insurer's annual return under
s. 76.64 a copy of its certification for tax benefits and a copy of its verification of expenses from the department of commerce.
76.636 History
History: 2005 a. 259.
76.64
76.64
Quarterly installments. Insurers shall pay installments of the total estimated payment under
ss. 76.60,
76.63,
76.65 and
76.66 on or before April 15, June 15, September 15 and December 15. Every insurer shall make a return for the preceding calendar year on or before March 1 setting forth the information that the commissioner of insurance reasonably requires, on forms prescribed by the commissioner. On or before March 1, the insurer shall pay any additional amount due for the preceding calendar year. Overpayment will be credited on the amount due April 15.
76.64 History
History: 1979 c. 102 s.
24; Stats. 1979 s. 76.64;
1981 c. 20;
1985 a. 29;
1989 a. 31.
76.645(1)(1)
Late payment. An insurer that fails to make quarterly payments under
s. 76.64 of at least 25% of either the total tax paid for the previous calendar year or 80% of the actual tax for the current calendar year is liable, in addition to the amount due, for interest of 1.5% of the amount due and unpaid for each month or part of a month that the amount due, together with any interest, remains unpaid.
76.645(2)
(2) Negligence. An insurer that fails to pay an amount due, or file a return required, under
s. 76.64, unless the insurer shows that the failure is due to reasonable cause and not due to willful neglect, is liable for the greater of the following amounts:
76.645(2)(b)
(b) Five percent of the amount due for each month or fraction of a month during which the failure continues, but not more than 25% of the amount due.
76.645 History
History: 1985 a. 29.
76.65
76.65
Life insurers; license fee. Every insurer doing a life insurance business within this state, except fraternals as defined in
s. 614.01, shall pay into the state treasury as an annual license fee for transacting such business the amounts following:
76.65(1)(a)(a) If such insurer is organized under the laws of this state, it shall pay as an annual license fee 3.5% upon its gross income from all sources for the preceding calendar year except interest required to provide and maintain reserves according to the laws of this state, and except premiums collected on policies of insurance and contracts for annuities. No domestic insurer shall, however, in any year pay in the aggregate for license fee as prescribed in this paragraph an amount in excess of the annual license fee which would have been payable by it in such year under
sub. (2) had it been operating as a foreign insurer subject to
sub. (2). Any domestic insurer having in excess of $750,000,000 of insurance in force as of December 31 of the preceding calendar year, excluding therefrom any reinsurance assumed on which premium taxes are payable by the ceding insurer, shall not pay less in the aggregate for a license fee as prescribed in this paragraph than the amount of the annual license fee which would have been payable by it in such year under
sub. (2) had it been operating as a foreign insurer subject to
sub. (2). Payments under this paragraph shall be made annually on or before March 1.
76.65(1)(b)
(b) In computing the fee under
par. (a), the amount of such gross income shall, after deducting the excepted portions thereof, be multiplied by a fraction the numerator of which is the net investment income applicable to life insurance and annuities and the denominator of which is the total net investment income, as set forth in the annual statement forms for such year as approved by the commissioner of insurance.
76.65(2)
(2) Foreign insurers. If any such insurer is organized outside of this state, it shall pay into the state treasury, as such annual license fee, 2% upon the excess of the gross premiums received in money or otherwise during the preceding calendar year on all policies or contracts of insurance on the lives of residents of this state after deducting all sums apportioned to premium paying policies on the lives of residents of this state from annual distribution of profits, savings, earnings or surplus which before the expiration of the calendar year next succeeding such apportionment have been either paid in cash or applied in part payment of premiums.
76.65 History
History: 1971 c. 215,
289;
1975 c. 373;
1979 c. 102 s.
25; Stats. 1979 s. 76.65;
1981 c. 20.
76.65 Annotation
Life insurance policy dividends left with the insurance company to accumulate at interest beyond the expiration of the calendar year are not to be treated as dividends "paid in cash" under 76.34 (2) [now 76.65]. Because of long-standing administrative construction, current dividends applied to purchase additional paid-up insurance are not reportable as gross premiums and thus, not taxable under 76.34 (2). Accumulated dividends so applied are reportable and taxable. 59 Atty. Gen. 152.
76.655
76.655
Health Insurance Risk-Sharing Plan assessments credit. 76.655(1)(1)
Definitions. In this section, "claimant" means an insurer, as defined in
s. 149.10 (5), who files a claim under this section.
76.655(2)
(2) Filing claims. Subject to the limitations provided under this section, for taxable years beginning after December 31, 2005, a claimant may claim as a credit against the fees imposed under
ss. 76.60,
76.63,
76.65,
76.66 or
76.67 an amount that is equal to the amount of assessment under
s. 149.13 that the claimant paid in the claimant's taxable year, multiplied by the percentage determined under
sub. (3).
76.655(3)(a)(a) The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under
sub. (2) for each claimant for each taxable year. The percentage shall be equal to $5,000,000 divided by the aggregate assessment under
s. 149.13. The office of the commissioner of insurance shall provide to each claimant that participates in the cost of administering the plan the aggregate assessment at the time that it notifies the claimant of the claimant's assessment. The aggregate amount of the credit under this subsection and
ss. 71.07 (5g),
71.28 (5g), and
71.47 (5g) for all claimants participating in the cost of administering the plan under
ch. 149 shall not exceed $5,000,000 in each fiscal year.
76.655(3)(b)
(b) The amount of any credits that a claimant is awarded under this section for taxable years beginning after December 31, 2005, and before January 1, 2008, may first be claimed against the fees imposed under
ss. 76.60,
76.63,
76.65, or
76.67 for taxable years beginning after December 31, 2007, and in the manner determined by the department of revenue.
76.655(4)
(4) Carry-forward. If the credit under
sub. (2) is not entirely offset against the fees imposed under
ss. 76.60,
76.63,
76.65,
76.66, or
76.67 that are otherwise due, the unused balance may be carried forward and credited against those fees in the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the assessment was paid and the year in which the carry-forward credit is claimed.
76.655 History
History: 2005 a. 74.
76.66
76.66
Retaliatory taxation of nondomestic insurers. 76.66(1)(1) In this section, "taxes" means the taxes imposed on nondomestic insurers under
ss. 76.60,
76.63,
76.65 (2) and
601.93 less offsets allowed against those taxes under
s. 646.51 (7) or the amounts imposed on domestic insurers by another state or foreign country for similar purposes.
76.66(2)
(2) If another state or foreign country requires a domestic insurer doing business in that state or country to pay taxes greater in the aggregate than the aggregate amount of taxes that a nondomestic insurer doing business in this state would pay, each insurer domiciled in that state or foreign country shall pay to this state for the same year the amount that a domestic insurer doing a similar business would be required to pay to the other state or foreign country.
76.66 History
History: 1979 c. 102 s.
26; Stats. 1979 s. 76.66;
1983 a. 27;
1989 a. 31.
76.66 Annotation
Section 646.51 (7) is applicable to franchise taxes, income taxes, and fire department dues. Only Wisconsin's assessments are used for offsets against Wisconsin taxes. If assessments are reimbursed, the tax credit should be recaptured.
72 Atty. Gen. 17.
76.67
76.67
Reciprocal taxation of foreign insurers. 76.67(1)
(1) In this section, "taxes" means the taxes imposed on foreign insurers under
ss. 76.60,
76.63,
76.65 (2) and
601.93 less offsets allowed against those taxes under
s. 646.51 (7) or the amounts imposed on domestic insurers by another state for similar purposes.
76.67(2)
(2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credits under
ss. 76.635,
76.636, and
76.655, except that the amount imposed shall not be less than the total of the amounts due under
ss. 76.65 (2) and
601.93 and, if the insurer is subject to
s. 76.60,
0.375% of its gross premiums, as calculated under
s. 76.62, less offsets allowed under
s. 646.51 (7) or under
ss. 76.635,
76.636, and
76.655 against that total, and except that the amount imposed shall not be less than the amount due under
s. 601.93.
76.68
76.68
License; issuance; collection of fees. 76.68(1)
(1) Every license issued under this subchapter and
chs. 600 to
646 shall certify that payment of the license fee or tax and the fee required by
s. 601.31 (1) (b) has been made, be signed by the commissioner of insurance and be in a form approved by the attorney general.
76.68(2)
(2) No suit may be brought to restrain or enjoin the collection of any license fee or tax imposed or provided for by this subchapter, and the fees required by
s. 601.31. Any insurer aggrieved by the payment of any such license or other fee or tax may maintain a suit against the state for the recovery thereof in the circuit court for Dane County within 6 months from the time of the payment. The state may be served in the suit as provided in
s. 801.11 (3).
76.68(3)
(3) No action may be commenced to compel the issuance of the certificate of authority provided for by
chs. 600 to
646 until the license fee imposed by this subchapter and the fees under
s. 601.31 have been fully paid.
76.68(4)
(4) The attorney general shall institute suit in the circuit court for Dane County to recover any license fees or tax not paid within the time prescribed by this subchapter, and the fees required by
s. 601.31. Nothing in this subsection shall be construed as amending or modifying in any respect
ch. 775.
76.68 History
History: 1971 c. 40 s.
93;
1971 c. 260; Sup. Ct. Order,
67 Wis. 2d 585, 773 (1975);
1977 c. 339;
1979 c. 32 s.
92 (5);
1979 c. 89 s.
543;
1979 c. 102 ss.
26,
237;
1979 c. 177; Stats. 1979 s. 76.68.
76.69
76.69
Deduction for personal property taxes. Any domestic insurer may deduct from the license fee imposed on the insurer for any year under
s. 76.65 (1) an amount equal to one-half of the general property taxes paid for the previous year on personal property in this state which is used in the operation of its business and not held primarily for investment purposes, but no such deduction may exceed 25% of the license fee.
76.69 History
History: 1971 c. 289;
1979 c. 102 s.
26; Stats. 1979 s. 76.69.
TELEPHONE COMPANY TAX
