Note: One of the grounds for refunding property taxes in s. 74.33 (1) is if the property is exempt by law from taxation, except as provided under s. 74.33 (2). However, s. 74.33 (2) provides, in part, that a governing body of a taxation district may not refund or rescind a property tax if the property is exempt from taxation. This amendment deletes this conflicting language from s. 74.33 (2).
408,9
Section 9
. 74.37 (4) (c) of the statutes is amended to read:
74.37 (4) (c) Except as provided in s. 70.85 (7) (b), no No claim or action for an excessive assessment may be brought or maintained under this section if the assessment of the property for the same year is contested under s. 70.47 (13) or 70.85. No assessment may be contested under s. 70.47 (13) or 70.85 if a claim is brought and maintained under this section based on the same assessment.
Note: Under current law, s. 74.37 of the statutes provides a procedure for making a claim against a taxation district for an excessive assessment of property. This amendment deletes an erroneous cross-reference to s. 70.85 (7) (b) of the statutes which exists in s. 74.37 (4) (c) of the statutes. This cross-reference is improper, because s. 70.85 (7) (b) relates not to a claim for excessive assessment, but to a taxpayer seeking a refund of taxes resulting from a reduction in valuation of property by the department of revenue.
408,10
Section 10
. 74.41 (1) (bn) of the statutes is amended to read:
74.41 (1) (bn) Have been rescinded or refunded to taxpayers under s. 70.74 or 75.25 (2).
Note: Under current law, certain errors in property tax assessments are corrected through taxpayer refunds or tax rescission. Section 74.41 outlines the process whereby the cost of these corrections may be shared with overlying taxing jurisdictions. However, this provision does not include refunds made under s. 75.25, which result from errors discovered when property is officially listed as tax delinquent. This means that taxation districts are not compensated for erroneous property assessments in this particular instance, even though they are compensated for a variety of similar errors that are discovered earlier in the tax processing year. This amendment adds property tax payments that are refunded under s. 75.25 to the process whereby the cost of these corrections may be shared with overlying taxing jurisdictions.
408,11
Section 11
. 78.70 (7) of the statutes is amended to read:
78.70 (7) Statutes of limitations. Section 71.77 as it applies to the taxes under ch. 71 applies to the taxes under this chapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this chapter.
Note: 1991 Wisconsin Act 39 created a 4-year statute of limitations for excise and occupational taxes by referencing income tax provisions. However, income tax returns are filed on an annual basis, while excise and occupational tax returns are filed monthly. In these instances, use of the income tax administrative provisions creates confusion as to when the statute of limitations begins toling.
This provision clarifies that the statute of limitations for excise and occupational taxes runs 4 years from the due date of the excise or occupational tax return.
408,12
Section 12
. 78.75 (1m) (c) of the statutes is amended to read:
78.75 (1m) (c) The seller, upon request, shall furnish each purchaser with an invoice prepared at the time of delivery, and the purchaser shall send that invoice or a list of purchases to the department when making a claim for refund. The invoice shall contain the following information: date of sale; name and address of seller; name of purchaser, which name must be the name of the claimant; number of gallons purchased; the type of fuel; the purchase price; and the amount of Wisconsin motor vehicle fuel or alternate fuels tax paid as a separate item. If the purchaser sends invoices to the department, the purchaser shall send a separate invoice for each sale and delivery, and the invoice shall be legibly written and shall comply with the foregoing requirements. If the purchaser sends a list of purchases to the department, the purchaser shall retain for 3 4 years the invoices that are evidence of those purchases and allow the department to inspect them. The claim shall state whether or not the applicant owns an automobile or truck or any other motor-driven machinery or appliance which consumes motor vehicle fuel or an alternate fuel; the total number of gallons of motor vehicle fuel or alternate fuel purchased; the number of gallons of such motor vehicle fuel or alternate fuel purchased on which refund is claimed; a detailed statement of the consumption of such motor vehicle fuel or alternate fuel on which a refund is claimed, describing the machinery, equipment or appliance in which consumed, giving the serial or manufacturer's number of the motor and the approximate number of gallons consumed in each; or if such fuel were not consumed in any such machinery, equipment or appliance, then a description of the purposes for which the fuel was consumed with the approximate number of gallons consumed for each purpose; a statement whether or not deduction has been made for motor vehicle fuel or alternate fuels consumed in applicant's automobile or truck; and such other information as the department deems necessary.
Note: Under current law, there is a 4-year record retention period required for motor vehicle fuel, general aviation fuel, beer, liquor, wine, tobacco products and cigarette excise taxes. Under prior law, a 3-year period of record retention was required. One of the 3-year record retention provisions remains in current law, however, because it was overlooked when the law was changed.
This amendment corrects this reference which was overlooked and changes it to the 4-year record retention requirement.
408,13
Section 13
. 139.092 of the statutes is amended to read:
139.092 Audits; additional assessments; refunds. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (2), (4) to (7) and (10), 71.77 and 71.80 (12) as they apply to the taxes under ch. 71 apply to the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.
Note: 1991 Wisconsin Act 39 created a 4-year statute of limitations for excise and occupational taxes by referencing income tax provisions. However, income tax returns are filed on an annual basis, while excise and occupational tax returns are filed monthly. In these instances, use of the income tax administrative provisions creates confusion as to when the statute of limitations begins toling.
This provision clarifies that the statute of limitations for excise and occupational taxes runs 4 years from the due date of the excise or occupational tax return.
408,14
Section 14
. 139.39 (6) of the statutes is amended to read:
139.39 (6) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.80 (12), 71.91 (1) (a) and (c) and (2) to (7) and 71.92 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.
Note: 1991 Wisconsin Act 39 created a 4-year statute of limitations for excise and occupational taxes by referencing income tax provisions. However, income tax returns are filed on an annual basis, while excise and occupational tax returns are filed monthly. In these instances, use of the income tax administrative provisions creates confusion as to when the statute of limitations begins toling.
This provision clarifies that the statute of limitations for excise and occupational taxes runs 4 years from the due date of the excise or occupational tax return.
408,15
Section 15
. 139.84 of the statutes is amended to read:
139.84 Bonds. Section 78.11, as it applies to
wholesalers suppliers of motor vehicle fuel, applies to persons liable for the tax under this subchapter.
Note: Under current law, statutes relating to taxation of tobacco products contain a reference to a motor fuel tax provision that uses obsolete terminology by referring to “wholesalers of motor vehicle fuel". This amendment deletes this obsolete terminology and inserts the correct reference to suppliers of motor vehicle fuel.
408,16
Section 16
.
Initial applicability; revenue.
(1) Property tax refunds. The treatment of sections 70.85 (7) (b) and 74.37 (4) (c) of the statutes first applies to claims filed with the department of revenue on the effective date of this subsection.
(2) Tax roll settlement dates. The treatment of section 59.20 (4m) of the statutes first applies to tax roll settlement sheets that must be completed in the year after the year in which this subsection takes effect.
(3) Settlement of state taxes. The treatment of section 74.30 (2) (b) of the statutes first applies to taxes based on the assessment as of January 1, 1996.
408,17
Section 17
.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) Statute of limitations. The treatment of sections 78.70 (7), 139.092 and 139.39 (6) of the statutes takes effect on the first day of the first month beginning after publication.
(2) Settlement deadline. The treatment of section 74.30 (1) (intro.) of the statutes takes effect on the January 1 after publication.
