Each licensing department and the supreme court may require a holder of a license to provide the following information upon request:
If the license holder is an individual and has a social security number, the license holder's social security number.
If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license issued in reliance upon a false statement submitted under this subd. 1. am.
If the license holder is not an individual, the license holder's federal employer identification number.
A licensing department may not disclose any information received under subd. 1. a.
to any person except to the department of revenue for the purpose of requesting certifications under par. (b) 2.
in accordance with the memorandum of understanding under sub. (4)
and administering state taxes or to the department of children and families for the purpose of administering s. 49.22
(3) Duties and powers of department of revenue. 73.0301(3)(a)(a)
The department of revenue shall do all of the following:
Enter into a memorandum of understanding with each licensing department and the supreme court, if the supreme court agrees, under sub. (4) (a)
Upon the request of any applicant for issuance, renewal, continuation or reinstatement of a license whose license has been previously revoked or whose application for a license or license renewal or continuation has been previously denied under sub. (2) (b) 1. a.
, issue a nondelinquency certificate to the applicant if the applicant is not liable for delinquent taxes.
If a request for certification is made under sub. (2) (a) 1.
, the department of revenue may, in accordance with a memorandum of understanding entered into under par. (a) 1.
, certify to the licensing department or the supreme court that the applicant or license holder is liable for delinquent taxes.
Each memorandum of understanding shall include procedures that do all of the following:
Establish requirements for making requests under sub. (2) (a) 1.
, including specifying the time when a licensing department or the supreme court shall make requests under sub. (2) (a) 1.
, and for making certifications under sub. (3) (b)
Factors such as the need to issue licenses in a timely manner, the convenience of applicants, the impact on collecting delinquent taxes, the effects on program administration and whether a suspension, revocation or denial under sub. (2) (b) 1. a.
will have an impact on public health, safety or welfare or the environment shall be considered in establishing requirements under par. (a) 1.
The department of revenue shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b.
or by an applicant for certification or recertification or a certificate holder under s. 73.03 (50)
or 73.09 (7m) (b)
to review a certification or determination of tax delinquency that is the basis of a denial or revocation of a license in accordance with this section or of a certificate, certification or recertification under s. 73.03 (50)
or 73.09 (7m)
. A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the delinquent taxes for which the department of revenue certified or determined the license or certificate holder or applicant is liable. At a hearing under this paragraph, any statement filed by the department of revenue, the licensing department or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227
, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing or review, except as provided in par. (am)
and sub. (2) (b) 2.
If a person who holds a license to practice law or who is an applicant for a license to practice law receives a hearing under par. (a)
to review a certification or determination of tax delinquency that is the basis for a denial, suspension, or revocation of a license to practice law and such certification or determination is affirmed as a result of the hearing under par. (a)
, the person may seek judicial review of the certification or determination of tax delinquency under ss. 227.52
, except that the review shall be in the circuit court for Dane County.
After a hearing conducted under par. (a)
or, in the case of a determination related to a license to practice law, after a hearing under par. (a)
or, if the hearing is appealed, after judicial review under par. (am)
, the department of revenue shall do one of the following:
Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent taxes. For a hearing requested by an applicant for certification or recertification or a certificate holder under s. 73.03 (50)
or 73.09 (7m) (b)
, the department shall grant a certification or recertification or reinstate a certification if the department determines that the applicant or certificate holder is not liable for delinquent taxes, unless there are other grounds for denying the application or revoking the certification.
Provide notice that the department of revenue has affirmed its certification of tax delinquency to a license holder; to an applicant for a license, a license renewal or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested by an applicant for certification or recertification or a certificate holder under s. 73.03 (50)
, or 73.09 (7m) (b)
, the department of revenue shall provide notice to the applicant or certificate holder that the department of revenue has affirmed its determination of tax delinquency.
History: 1997 a. 237
; 1999 a. 9
; 2001 a. 56
; 2005 a. 25
; 2007 a. 1
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 130
; 2009 a. 2
; 2011 a. 32
Liability for delinquent taxes. 73.0302(1)
If the department of revenue determines that an applicant for certification or recertification under s. 73.03 (50)
or a person who holds a certificate issued under s. 73.03 (50)
is liable for delinquent taxes, as defined in s. 73.0301 (1) (c)
, the department of revenue may deny the application or revoke the certificate. Except as provided in sub. (3)
, a denial or revocation under this subsection is not subject to judicial review.
If the department of revenue denies an application or revokes a certificate under sub. (1)
, the department shall mail a notice of denial or revocation to the applicant or certificate holder. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or certificate holder may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that he or she is liable for delinquent taxes reviewed at a hearing under s. 73.0301 (5) (a)
If, after a hearing under s. 73.0301 (5) (a)
, the department of revenue affirms a determination under sub. (1)
that an applicant or certificate holder is liable for delinquent taxes, the department shall affirm its denial or revocation. An applicant or certificate holder may seek judicial review under ch. 227
in the circuit court for Dane County of an affirmation by the department of a denial or revocation under this subsection.
If, after a hearing under s. 73.0301 (5) (a)
, the department of revenue determines that a person whose certificate is revoked under sub. (1)
is not liable for delinquent taxes, as defined in s. 73.0301 (1) (c)
, the department shall reinstate the certificate. The department may not charge a fee for reinstatement of a certificate under this subsection.
History: 1997 a. 237
Personal renewable fuel production.
The department may not require a person to obtain a business tax registration certificate related to the production or use of renewable fuel that is exempt under s. 78.01 (2n)
from the tax imposed under s. 78.01 (1)
History: 2009 a. 401
Revenue limits calculations.
The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase under subch. VII of ch. 121
. The allowable rate of increase is the percentage change, if not negative, in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.
A special agent of the department of revenue who has been certified as a law enforcement officer by the law enforcement standards board and who is on duty may arrest a person if the special agent believes, on reasonable grounds, that a warrant for the person's arrest has been issued in this state, that a felony warrant has been issued in another state, that the person is violating or has violated s. 945.03 (2m)
or 945.04 (2m)
, or that the person is violating or has violated s. 945.05 (1m)
in a case in which the department determines that the video gambling machine involved is likely to be used in connection with a violation of s. 945.03 (2m)
or 945.04 (2m)
or if a crime has been committed in the presence of the special agent. The special agent shall cause the person arrested and the documents and reports pertaining to the arrest to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made. The special agent shall be available as a witness for the state. A special agent acting under this section is an employee of the department and is subject to its direction, benefits and legal protection.
History: 1991 a. 39
; 2003 a. 33
Private letter rulings. 73.035(1)
In this section, "department" means the department of revenue.
Upon receipt of a request, in the form prescribed by the department, from a person who requests a ruling about facts relating to a tax that the department administers, the department may issue a private letter ruling. Rulings under this section:
May be published if the department decides to do so.
May be edited by the requester as to types of information specified by the department, if that editing is submitted to the department before the deadline that the department establishes and if the department approves the editing.
Any person who receives a ruling under this section shall attach a copy of it to all of that person's tax returns to which it is relevant.
Rulings under this section and all information related to them are subject to the confidentiality provisions for the tax relevant to the request, except that if a ruling has been edited under sub. (2) (b)
, or the deadline for editing set by the department has expired, and if the ruling has been published by the department, the published rulings are not subject to those confidentiality provisions.
The department's decision not to issue, or not to publish, a ruling under this section may not be appealed.
History: 1987 a. 399
Hearings, witnesses. 73.04(1)(1)
If any person unlawfully fails to obey any subpoena to appear before the department of revenue or before the tax appeals commission, or unlawfully refuses to testify, such failure or refusal shall be reported to the attorney general and the department of justice shall institute contempt proceedings against such person.
Officers who serve subpoenas, and witnesses attending hearings at the instance of the department, shall receive like compensation as officers and witnesses in the circuit court. Such compensation shall be charged to the proper appropriation for the department of revenue.
(3) Special investigations.
The department of revenue may appoint any employee to act for it to investigate and make report to the department upon any matter upon which the department is required to act, and such employee shall have authority to hold hearings, administer oaths, take testimony and perform all other duties necessary to bring such matter before the department for final adjudication and determination.
A taxpayer subpoenaed by the department has limited discovery rights. State v. Beno, 99 Wis. 2d 77
, 298 N.W.2d 405
(Ct. App. 1980).
Assessment districts; supervisors; duties. 73.05(1)(1)
The state shall be divided into income assessment districts, property assessment districts, by the department of revenue, but in no instance shall a county be divided.
The department of revenue shall select and appoint a supervisor of equalization for each property assessment district in the state. Each supervisor shall be a citizen and an elector of this state, but need not be a resident of the district in which appointed to serve. So far as practicable, preference shall be given in making such appointments to residents of the districts.
The department may transfer any supervisor of equalization from one district to another.
See also ss. Tax 1.01
, and 12.07
, Wis. adm. code.
Supervision of assessments; supervisors; appointments and duties. 73.06(1)
The department of revenue, through its supervisors of equalization, shall have complete supervision and direction of the work of the local assessors. It shall annually, or more often if deemed necessary at a time which in its judgment is best calculated to obtain the ends sought, call a meeting of all local assessors for conference and instruction relative to their duties in the valuation and assessment of property. The department of revenue may also call a similar meeting of local clerks and other officials for conference and instruction relative to their duties in the valuation and assessment of property. Each official upon notice by mail from the supervisor shall attend the meeting, and shall receive travel expenses from his or her residence to the meeting site and return and the compensation and mileage that the board establishes, but not less than $5 per day and 6 cents per mile; except that in counties having a population of 500,000 or more, no compensation, travel expense or mileage shall be allowed. This compensation shall be paid out of the treasury of the county in which the local official resides upon the certificate of the supervisor of equalization showing attendance and travel, as certificates of witnesses and jurors are paid.
The department of revenue, through its supervisors of equalization shall have access to all public records, books, papers and offices throughout each district and shall make a full and complete examination of them and investigate all other matters and subjects relative to the assessment and taxation of general property therein.
The department of revenue, through its supervisors of equalization, shall examine and test the work of assessors during the progress of their assessments and ascertain whether any of them is assessing property at other than full value or is omitting property subject to taxation from the roll. The department and such supervisors shall have the rights and powers of a local assessor for the examination of persons and property and for the discovery of property subject to taxation. If any property has been omitted or not assessed according to law, they shall bring the same to the attention of the local assessor of the proper district and if such local assessor shall neglect or refuse to correct the assessment they shall report the fact to the board of review. If it discovers errors in identifying or valuing property that is exempt under s. 70.11 (39)
, the department shall change the specification of the property as taxable or exempt and shall change the value of the property. All disputes between the department, municipalities and property owners about the taxability or value of property that is reported under s. 79.095 (2) (a)
or of the property under s. 70.995 (12r)
shall be resolved by using the procedures under s. 70.995 (8)
If the department of revenue ascertains, or has good reason to believe, that any assessor is guilty of a violation of law, it may make a complaint to the circuit court for the removal of the assessor. The district attorney shall attend and prosecute the proceedings for removal.
The department of revenue through its supervisor of equalization shall make a report to the county board of each county showing in detail the work of local assessors in their several districts, the failure, if any, of such assessors to comply with the law, the relative assessed and full value of property in each taxation district, and all information and statistics that may be obtained. Such report shall be filed with the county clerk at least 15 days before the annual meeting of the county board.
The department of revenue shall call a meeting of the supervisors of equalization at the capitol at a specified time in each year, for a conference on the subjects of taxation and the administration of the laws, and for the instruction of such officers in their duties.
For purposes of this section "local assessor" includes the county assessors under s. 70.99
See s. 17.14
on removal of assessors from office.
See also ss. Tax 12.06
, Wis. adm. code.
District offices, supplies, expenses. 73.07(1)
Office furniture and equipment furnished to income assessment district and branch offices by counties prior to July 1, 1986, shall remain in those offices until the department of revenue determines that the furniture and equipment are no longer needed.
Office furniture and equipment furnished to supervisors of equalization prior to January 1, 1974, shall continue to be furnished until no longer required by them.
The county board of any county shall provide rooms for the use of the tax appeals commission upon the request of the chairperson of the commission. Hearings of the commission may also be held in the department's district income tax office when the chairperson of the commission deems it advisable.
From the amounts provided under s. 20.566 (2) (a)
, beginning in 1994, the department of revenue shall implement an educational program for local assessment staff members in taxation districts that do not meet the requirements of s. 70.05 (5) (f)
Assessor certification. 73.09(1)
Local assessment personnel.
The department of revenue shall establish by rule the level of certification under sub. (3)
, the continuing education requirements under sub. (4)
, examinations under sub. (5)
, and the requirements for and responsibilities associated with temporary certification under sub. (6)
for all assessors and assessment personnel of each local unit of government and for county assessor systems under s. 70.99
(2) Department of revenue assessment personnel.
The requirements established for local assessment personnel under sub. (1)
shall also apply to department of revenue assessment personnel commencing on January 1, 1981. The office of state employment relations with the assistance of the department of revenue shall determine the position classifications for which certification shall apply within the department of revenue. The first level of certification shall be obtained within 100 days of the employee's appointment. The department of revenue in consultation with the office of state employment relations shall establish requirements for obtaining higher levels of assessor certification.
(3) Levels of certification.
The levels of certification for assessors and assessment personnel shall be commensurate with the degree of complexity of the various classes of property within each taxation district.
All certifications issued prior to January 1, 1981, are valid for 10 years from the date of issuance. All certifications issued on or after January 1, 1981, but before August 15, 1991, expire on the 6th June 1 following the date of issuance. All certifications issued on or after August 15, 1991, expire 5 years after the date on which they are issued.
Persons may be recertified by passing an examination as provided in sub. (5)
or by attendance for 4 of the previous 5 years at annual meetings called by the department of revenue under s. 73.06 (1)
and by meeting continuing education requirements determined by the department of revenue.
Recertification is contingent upon submission of an application for renewal, at least 60 days before the expiration date of the current certificate, attesting to the completion of the requirements specified in par. (b)
. Persons applying for renewal on the basis of attendance at the meetings called by the department under s. 73.06 (1)
and by meeting continuing education requirements shall submit a $20 recertification fee with their applications.
As provided in subs. (1)
, the department of revenue, assisted by the division of merit recruitment and selection in the office of state employment relations, shall prepare and administer examinations for each level of certification. Persons applying for an examination under this subsection shall submit a $20 examination fee with their application. Certification shall be granted to each person who passes the examination for that level.
(6) Temporary certification.
As provided in subs. (1)
, the department of revenue shall promulgate rules for the temporary certification of the first level of certification and designate the functions that may be performed by such persons. An individual may be granted one temporary certification, valid until the results of the next certification examination are issued, but not for more than 100 days.
(6m) Social security numbers.
Each applicant for certification or recertification under this section shall provide the applicant's social security number on the application. The department of revenue may not disclose a social security number that it obtains under this subsection. The department of revenue may not certify or recertify any person who fails to provide his or her social security number on his or her application.
(7) Revocation of certification. 73.09(7)(a)(a)
The secretary of revenue or a designee may revoke the certification of any assessor, assessment personnel or expert appraiser for the practice of any fraud or deceit in obtaining certification, or any negligence, incompetence or misconduct, including making a fraudulent change in the assessment roll after it is opened for examination under s. 70.47 (3)