73.03(50)
(50) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which, except as provided in
s. 73.0302, is valid for 2 years, and for renewing that certificate and, except as provided in
s. 73.0302, shall issue and renew those certificates if the person who wishes to obtain or renew a certificate does all of the following:
73.03(50)(a)
(a) Applies on a form that the department prescribes.
73.03(50)(b)
(b) Sets forth the name under which the applicant intends to operate, the location of the applicant's place of operations and the other information that the department requires.
73.03(50)(c)
(c) In the case of an applicant who is an individual and who has a social security number, sets forth the social security number of the applicant or, in the case of an applicant who is an individual and who does not have a social security number, submits 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 certificate issued in reliance upon a false statement submitted under this paragraph is invalid.
73.03(50)(d)
(d) In the case of a sole proprietor, signs the form or, in the case of other persons, has an individual who is authorized to act on behalf of the person sign the form, or, in the case of a single-owner entity that is disregarded as a separate entity under section
7701 of the Internal Revenue Code, the person is the owner.
73.03(50m)
(50m) To enter into a memorandum of understanding with the department of children and families under
s. 49.857. The department of revenue shall suspend, refuse to issue or refuse to renew any certificate issued under
sub. (50) as provided in the memorandum of understanding entered into under
s. 49.857. Notwithstanding
ss. 71.78 and
77.61 (5), the department of revenue shall disclose to the department of children and families the social security number of any applicant for a certificate issued under
sub. (50) as provided in the memorandum of understanding.
73.03(51)
(51) To revoke all permits, licenses and certificates that the department has issued to a person who fails timely to renew a certificate under
sub. (50), and to reissue those permits, licenses and certificates if the person renews the certificate under
sub. (50).
73.03(52)
(52) To enter into agreements with the Internal Revenue Service that provide for offsetting state tax refunds against federal tax obligations; and to charge a fee up to $25 per transaction for such offsets; and offsetting federal tax refunds against state tax obligations, if the agreements provide that setoffs under
ss. 71.93 and
71.935 occur before the setoffs under those agreements.
73.03(52m)
(52m) To enter into agreements with other states that provide for offsetting state tax refunds against tax obligations of other states and offsetting tax refunds of other states against state tax obligations, if the agreements provide that setoffs under
ss. 71.93 and
71.935 occur before the setoffs under those agreements.
73.03(52n)
(52n) To enter into agreements with federally recognized tribes located in this state that provide for offsetting state tax refunds against tribal obligations and to charge a fee up to $25 per transaction to the debtor for the administrative costs of such setoffs. The administrative costs collected under this subsection shall be credited to the appropriation under
s. 20.566 (1) (h). Setoffs under
ss. 71.93,
71.935, and
73.03 (52) shall occur before setoffs under this subsection. Any legal proceeding to contest a setoff under this subsection shall be brought against the tribe under the process established by the tribe.
73.03(53)
(53) To enter into agreements with direct marketers about the collection of state and local sales taxes and use taxes.
73.03(54)
(54) To publish instructional material that provides information to persons who wish to object to valuations under
s. 70.47 and to distribute that material in sufficient quantity to taxation districts.
73.03(55)
(55) To provide or approve suitable training sessions at suitable times and instructional material for board of review members.
73.03(56)
(56) To work with the Internal Revenue Service and the University of Wisconsin-Extension to undertake a program that accomplishes all of the following:
73.03(56)(a)
(a) Promotes volunteering among the state's financial and legal professionals in the volunteer income tax assistance program.
73.03(56)(c)
(c) Assists individuals who are eligible to participate in the volunteer income tax assistance program and who reside in rural and underserved areas.
73.03(57)
(57) To create, and update, a manual on the tax incremental finance program under
s. 66.1105. The manual shall contain the rules relating to the program, common problems faced by cities and villages under the program, possible side effects of the use of tax incremental financing, and any other information the department determines is appropriate. The department may consult with, and solicit the views of, any interested person while preparing or updating the manual.
73.03(58)(b)
(b) Notwithstanding any provision of
ss. 179.77,
180.1101,
180.1104,
181.1101,
181.1104, and
183.1201, to treat, for state tax purposes, the merger of a business entity with one or more business entities under
s. 179.77,
180.1101,
180.1104,
181.1101,
181.1104, or
183.1201 in the same manner as the merger is treated for federal tax purposes.
73.03(60)
(60) To enforce
s. 945.05 (1m), in cases 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).
73.03(62)
(62) To prepare and maintain a list of all persons who owe delinquent taxes, including interest, penalties, fees, and costs, to the department, in excess of $5,000, which are unpaid for more than 90 days after all appeal rights have expired; to post the names of persons from this list on the Internet at a site that is created and maintained by the department for this purpose; and to distribute the posted information to Internet search engines so the information is searchable. The Internet site shall list the name, address, type of tax due, and amount of tax due, including interest, penalties, fees, and costs for each person who has one of the delinquent taxpayer accounts, and the Internet site shall contain a special page for the persons who have the 100 largest delinquent taxpayer accounts. Except as otherwise provided in this subsection, the department shall update the Internet site on a quarterly basis, and shall send the updates to the Internet search engines. The department may not post on the Internet or distribute to Internet search engines the name of any person who has reached an agreement or compromise with the department, or the department of justice, under
s. 71.92 and is in compliance with that agreement, regarding the payment of delinquent taxes, or the name of any person who is protected by a stay that is in effect under the Federal Bankruptcy Code; the Internet posting and Internet search engines shall be updated each business day, as defined in
s. 562.01 (3m), to comply with these prohibitions.
73.03 History
History: 1971 c. 40,
215;
1973 c. 90;
1975 c. 39;
1977 c. 143;
1977 c. 196 s.
130 (7);
1977 c. 313;
1979 c. 34;
1979 c. 110 s.
60 (13);
1979 c. 221,
350;
1981 c. 20;
1981 c. 79 s.
18;
1983 a. 275 s.
15 (4);
1983 a. 524;
1983 a. 538 s.
269 (3);
1985 a. 12,
29,
273;
1987 a. 4,
27,
186;
1987 a. 312 s.
17;
1987 a. 328,
378,
399;
1989 a. 31;
1989 a. 56 s.
259;
1989 a. 74,
335;
1991 a. 39,
219,
313,
316;
1993 a. 16,
112,
205,
490;
1995 a. 27 ss.
3434g to
3440m,
9145 (1);
1995 a. 209,
233;
1997 a. 27,
35,
191,
237,
252;
1999 a. 9,
31,
185;
2001 a. 16,
44,
104,
107,
109;
2003 a. 33,
127;
2005 a. 25,
259;
2007 a. 20,
86.
73.03 Annotation
The department's construction of a tax law in an official technical information memorandum estopped the department from collecting a tax. DOR v. Family Hospital,
105 Wis. 2d 250,
313 N.W.2d 828 (1982).
73.03 Annotation
The department's subpoena authority does not permit it to take possession of subpoenaed records for more than one business day; however, the department may repeatedly subpoena records until its investigation is completed. State v. Kielisch,
123 Wis. 2d 125,
365 N.W.2d 904 (Ct. App. 1985).
73.0301
73.0301
License denial, nonrenewal, discontinuation, suspension and revocation based on tax delinquency. 73.0301(1)(b)
(b) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing that grants a credential.
73.0301(1)(c)
(c) "Liable for delinquent taxes" means that a person has exhausted all legal remedies to challenge the assertion that the person owes taxes, including penalties, interest, fees and costs, under
ch. 71,
72,
76,
77,
78,
125 or
139 and sufficient time has elapsed so that the person is delinquent in the payment of those taxes.
73.0301(1)(d)3.
3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in
s. 50.35,
50.49 (6) (a) or
(10),
51.038,
51.04,
51.42 (7) (b) 11.,
51.421 (3) (a),
51.45 (8),
146.40 (3) or
(3m),
252.23 (2),
252.24 (2),
254.176,
254.20 (3),
255.08 (2) (a),
256.15 (5) (a) or
(b),
(6g) (a),
(7), or
(8) (a) or
(f) or
343.305 (6) (a) or a permit for operation of a campground specified in
s. 254.47 (1).
73.0301(1)(d)6.
6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under
ss. 138.09,
138.12,
217.06,
218.0101 to
218.0163,
218.02,
218.04,
218.05,
224.72,
224.93 or under
subch. IV of ch. 551.
73.0301(1)(d)10.
10. A license or permit granted by the department of public instruction.
73.0301(1)(e)
(e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the department of children and families; the government accountability board; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.
73.0301(1)(f)
(f) "Nondelinquency certificate" means a certificate that the department of revenue issues to a person and that states that the person is not delinquent in the payment of taxes, including penalties, interest, fees and costs, under
ch. 71,
72,
76,
77,
78,
125 or
139.
73.0301(2)
(2) Duties and powers of licensing departments. 73.0301(2)(a)(a) Each licensing department and the supreme court, if the supreme court agrees, shall enter into a memorandum of understanding with the department of revenue under
sub. (4) (a) that requires the licensing department or supreme court to do all of the following:
73.0301(2)(a)1.
1. Request the department of revenue to certify whether an applicant for a license or license renewal or continuation is liable for delinquent taxes. With respect to an applicant for a license granted by a credentialing board, the department of regulation and licensing shall make a request under this subdivision. This subdivision does not apply to the department of transportation with respect to licenses described in
sub. (1) (d) 7.
73.0301(2)(a)2.
2. Request the department of revenue to certify whether a license holder is liable for delinquent taxes. With respect to a holder of a license granted by a credentialing board, the department of regulation and licensing shall make a request under this subdivision.
73.0301(2)(b)
(b) Each licensing department and the supreme court, if the supreme court agrees, shall do all of the following:
73.0301(2)(b)1.a.a. If, after a request is made under
par. (a) 1. or
2., the department of revenue certifies that the license holder or applicant for a license or license renewal or continuation is liable for delinquent taxes, revoke the license or deny the application for the license or license renewal or continuation. The department of transportation may suspend licenses described in
sub. (1) (d) 7. in lieu of revoking those licenses. A suspension, revocation or denial under this
subd. 1. a. is not subject to administrative review or, except as provided in
subd. 2. and
sub. (5) (am), judicial review. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make a revocation or denial under this
subd. 1. a. With respect to a license to practice law, the department of revenue shall not submit a certification under this
subd. 1. a. to the supreme court until after the license holder or applicant has exhausted his or her remedies under
sub. (5) (a) and
(am) or has failed to make use of such remedies.
73.0301(2)(b)1.b.
b. Mail a notice of suspension, revocation or denial under
subd. 1. a. to the license holder or applicant. The notice shall include a statement of the facts that warrant the suspension, revocation or denial and a statement that the license holder or applicant may, within 30 days after the date on which the notice of denial, suspension or revocation is mailed, file a written request with the department of revenue to have the certification of tax delinquency on which the suspension, revocation or denial is based reviewed at a hearing under
sub. (5) (a). With respect to a license granted by a credentialing board, the department of regulation and licensing shall mail a notice under this
subd. 1. b. With respect to a license to practice law, the department of revenue shall mail a notice under this
subd. 1. b. and the notice shall indicate that the license holder or applicant may request a hearing under
sub. (5) (a) and
(am) and that the department of revenue shall submit a certificate of delinquency to suspend, revoke, or deny a license to practice law to the supreme court after the license holder or applicant has exhausted his or her remedies under
sub. (5) (a) and
(am) or has failed to make use of such remedies. A notice sent to a person who holds a license to practice law or who is an applicant for a license to practice law shall also indicate that the department of revenue may not submit a certificate of delinquency to the supreme court if the license holder or applicant pays the delinquent tax in full or enters into an agreement with the department of revenue to satisfy the delinquency.
73.0301(2)(b)2.
2. Except as provided in
subd. 2m., if notified by the department of revenue that the department of revenue has affirmed a certification of tax delinquency after a hearing under
sub. (5) (a), affirm a suspension, revocation or denial under
subd. 1. a. A license holder or applicant may seek judicial review under
ss. 227.52 to
227.60, except that the review shall be in the circuit court for Dane County, of an affirmation of a revocation or denial under this subdivision. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make an affirmation under this subdivision.
73.0301(2)(b)2m.
2m. With respect to a license to practice law, if notified by the department of revenue that the department of revenue has affirmed a certification of tax delinquency after any requested review under
sub. (5) (a) and
(am), decide whether to suspend, revoke, or deny a license to practice law.
73.0301(2)(b)3.
3. If a person submits a nondelinquency certificate issued under
sub. (5) (b) 1., reinstate the license or grant the application for the license or license renewal or continuation, unless there are other grounds for suspending or revoking the license or for denying the application for the license or license renewal or continuation. If reinstatement is required under this subdivision, a person is not required to submit a new application or other material or to take a new test. No separate fee may be charged for reinstatement of a license under this subdivision. With respect to a license granted by a credentialing board, the department of regulation and licensing shall reinstate a license or grant an application under this subdivision.
73.0301(2)(b)4.
4. If a person whose license has been suspended or revoked or whose application for a license or license renewal or continuation has been denied under
subd. 1. a. submits a nondelinquency certificate issued under
sub. (3) (a) 2., reinstate the license or grant the person's application for the license or license renewal or continuation, unless there are other grounds for not reinstating the license or for denying the application for the license or license renewal or continuation. With respect to a license granted by a credentialing board, the department of regulation and licensing shall reinstate a license or grant an application under this subdivision.
73.0301(2)(c)1.1. Each licensing department and the supreme court may require a holder of a license to provide the following information upon request:
73.0301(2)(c)1.a.
a. If the license holder is an individual and has a social security number, the license holder's social security number.
73.0301(2)(c)1.am.
am. 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. is invalid.
73.0301(2)(c)1.b.
b. If the license holder is not an individual, the license holder's federal employer identification number.
73.0301(2)(c)2.
2. A licensing department may not disclose any information received under
subd. 1. a. or
b. 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.
73.0301(3)
(3) Duties and powers of department of revenue. 73.0301(3)(a)(a) The department of revenue shall do all of the following:
73.0301(3)(a)1.
1. Enter into a memorandum of understanding with each licensing department and the supreme court, if the supreme court agrees, under
sub. (4) (a).
73.0301(3)(a)2.
2. 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.
73.0301(3)(b)
(b) If a request for certification is made under
sub. (2) (a) 1. or
2., 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.
73.0301(4)(a)(a) Each memorandum of understanding shall include procedures that do all of the following:
73.0301(4)(a)1.
1. Establish requirements for making requests under
sub. (2) (a) 1. and
2., including specifying the time when a licensing department or the supreme court shall make requests under
sub. (2) (a) 1. and
2., and for making certifications under
sub. (3) (b).
73.0301(4)(b)
(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.
73.0301(5)(a)(a) 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.
73.0301(5)(am)
(am) 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 to
227.60, except that the review shall be in the circuit court for Dane County.
73.0301(5)(b)
(b) 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:
73.0301(5)(b)1.
1. 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.
73.0301(5)(b)2.
2. 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.
73.0302
73.0302
Liability for delinquent taxes. 73.0302(1)
(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.
