SECTION 7. 73.08 of the statutes is repealed.
SECTION 9343. Initial applicability; Revenue.
(1) SUPERVISING PROPERTY TAX ASSESSMENTS. The treatment of sections 20.566 (2) (a), 70.05 (5) (a) 3., (d), (em), (f), and (g), and 73.08 of the statutes first applies to the property tax assessments as of January 1, 2010.
(End)
LRB-0381LRB-0381/P3
JK:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0094 - Electronic filing of tax-related documents
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, if the federal Internal Revenue Service requires taxpayers to electronically file information returns or wage statements for federal income tax purposes, the taxpayer must electronically file, with DOR, information or wage statements for state income or franchise tax purposes. Under current law, a person who fails to file an information return by its due date, or who files an incorrect or incomplete return, is subject to a $10 penalty for each violation.
Under this bill, if a person is required by DOR to file with DOR 50 or more of any one type of information return or 50 or more wage statements, the returns or statements must be filed electronically. A person who fails to electronically file an information return or wage statement is subject to a $10 penalty for each violation, except that a tax preparer who fails to electronically file an individual income tax return that the tax preparer prepared is subject to a $50 penalty for each violation.
The bill also provides that a person who is required to file a return related to collecting the state rental vehicle fee or dry cleaning fee must file the return in the manner prescribed by DOR.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.80 (20) of the statutes is repealed and recreated to read:
71.80 (20) ELECTRONIC FILING. If a person is required to file 50 or more wage statements or 50 or more of any one type of information return with the department, the person shall file the statements or the returns electronically, by means prescribed by the department.
SECTION 2. 71.83 (1) (a) 1m. of the statutes is amended to read:
71.83 (1) (a) 1m. 'Failure to file information return.' If a person fails to file a return required under subch. XI by the prescribed due date, including any extension, or files an incorrect or incomplete return, or fails to electronically file a statement or return as provided under s. 71.80 (20), that person may be subject to a penalty of $10 for each violation. A penalty shall be waived if the person shows that a violation is due to reasonable cause and not due to willful neglect.
SECTION 3. 71.83 (1) (a) 9. of the statutes is created to read:
71.83 (1) (a) 9. 'Failure to electronically file an individual income tax return.' If any tax return preparer or tax preparation entity that the department requires, by rule, to electronically file individual income tax returns prepared by the preparer or entity fails to electronically file one or more returns, the tax return preparer or tax preparation entity is subject to a $50 penalty for each return that is not electronically filed, as provided under this subdivision. The department shall waive a penalty imposed under this subdivision if the tax return preparer or tax preparation entity shows the department that the violation results from a reasonable cause and not willful neglect.
SECTION 4. 77.9951 (2) of the statutes is amended to read:
77.9951 (2) Sections 77.51 (3r), (4) (a), (b) 1., 2., and 4., (c) 1. to 3. and (d) and (14) (a) to (f), (j) and (k), 77.52 (1b), (4), (6), (13), (14), and (18), 77.53 (1b), 77.58 (1) to (5) and (7), 77.59, 77.60, 77.61 (2), (5), (8), (9), and (12) to (14), and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.
SECTION 5. 77.9964 (2) of the statutes is amended to read:
77.9964 (2) Except as provided in s. 77.9961 (1) (b), (d), and (e), ss. 71.738 (2m), 71.74 (1) to (3), (7), (9), and (10) to (12), 71.75 (1), (2), (6), (7), (9), and (10), 71.77 (1) and (4) to (8), 71.78 (1) to (4) and (5) to (8), 71.80 (1) (a) and (b), (4) to (6), (8) to (12), (14), (17), and (18), 71.82 (1) and (2) (a) and (b), 71.83 (1) (a) 1. and 2. and (b) 1., 2., and 6., (2) (a) 1. to 3. and (b) 1. to 3., and (3), 71.87, 71.88, 71.89, 71.90, 71.91 (1) (a), (2), (3), and (4) to (7), 71.92, and 71.93 as they apply to the taxes under ch. 71 apply to the fees under this subchapter.
SECTION 9443. Effective dates; Revenue
(1) ELECTRONIC FILING. The treatment of sections 71.80 (20), 71.83 (1) (a) 1m. and 9., 77.9951 (2), and 77.9964 (2) of the statutes takes effect on January 1, 2010.
(End)
LRB-0382LRB-0382/P1
JK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0096 - Penalities for failure to produce records
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, DOR may require a person to produce records or documents related to any matter that DOR has authority to investigate or for which DOR must make a determination. This bill provides that a person who fails to provide records or documents to DOR that support amounts or other information shown on any income or franchise tax return or any sales and use tax return is subject to any of the following, as determined by DOR:
1. The disallowance of deductions, credits, or exemptions to which the requested records relate.
2. A penalty for each violation that is equal to the greater of $500 or 25 percent of the amount of any adjustment by DOR that results from the person's failure to produce the records.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.80 (9m) of the statutes is created to read:
71.80 (9m) FAILURE TO PRODUCE RECORDS. A person who fails to produce records or documents, as provided under ss. 71.74 (2) and 73.03 (9), that support amounts or other information shown on any return required under this chapter may be subject to any of the following, as determined by the department:
(a) The disallowance of deductions, credits, or exemptions to which the requested records relate.
(b) In addition to any penalty imposed under sub. (4), a penalty for each violation of this subsection that is equal to the greater of $500 or 25 percent of the amount of any adjustment by the department that results from the person's failure to produce the records.
SECTION 2. 77.61 (16) of the statutes is created to read:
77.61 (16) A person who fails to produce records or documents, as provided under s. 73.03 (9), that support amounts or other information shown on a return required under s. 77.58 may be subject to any of the following, as determined by the department:
(a) The disallowance of deductions, credits, or exemptions to which the requested records relate.
(b) A penalty for each violation of this subsection that is equal to the greater of $500 or 25 percent of the amount of any adjustment by the department that results from the person's failure to produce the records.
(End)
LRB-0383LRB-0383/P2
JK:jld:md
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0097 - Late fees and penalties for failure to provide schedules
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, if a corporation does not file its income or franchise tax return by the due date, the corporation is subject to a $30 penalty. If any other taxpayer fails to file an income or franchise tax return by its due date, the taxpayer is subject to the following penalties:
1. Two dollars, if the taxpayer's income tax is less than $10.
2. Three dollars, if the taxpayer's income tax is $10 or more, but less than $20.
3. Five dollars, if the taxpayer's income tax is $20 or more.
Under current law, however, a taxpayer that is not a corporation is subject to a $30 penalty for a return that is at least 60 days late, regardless of the amount of the taxpayer's income tax.
Under this bill, if any taxpayer does not file an income or franchise tax return by the due date, the taxpayer is subject to a $50 penalty. The bill also provides that fiduciaries, partnerships, and tax-option corporations must provide schedules to their beneficiaries, partners, and shareholders that specify the income, deductions, credits, and other items related to the tax liability of the beneficiary, partner, or shareholder. Any fiduciary, partnership, or tax-option corporation that fails to provide the schedule is subject to a $50 penalty.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.13 (1m) of the statutes is created to read:
71.13 (1m) SCHEDULES TO BENEFICIARIES. Every fiduciary who is required to file a return under sub. (1) shall, on or before the due date of the return, including extensions, provide a schedule to each beneficiary whose share of income, deductions, credits, or other items of the fiduciary may affect the beneficiary's tax liability under this chapter. The schedule shall separately indicate the beneficiary's share of each item.
SECTION 2. 71.20 (1m) of the statutes is created to read:
71.20 (1m) Every partnership that is required to file a return under sub. (1) shall, on or before the due date of the return, including extensions, provide a schedule to each partner whose share of income, deductions, credits, or other items of the partnership may affect the partner's tax liability under this chapter. The schedule shall separately indicate the partner's share of each item.
SECTION 3. 71.20 (3) of the statutes is created to read:
71.20 (3) Any extension granted by law or by the Internal Revenue Service for the filing of the federal return that corresponds to the return required under sub. (1) extends the time for filing under this section.
SECTION 4. 71.36 (4) of the statutes is created to read:
71.36 (4) Every tax-option corporation that is required to file a return under s. 71.24 (1) shall, on or before the due date of the return, including extensions, provide a schedule to each shareholder whose share of income, deductions, credits, or other items of the tax-option corporation may affect the shareholder's tax liability under this chapter. The schedule shall separately indicate the shareholder's share of each item.
SECTION 5. 71.83 (1) (a) 10. of the statutes is created to read:
71.83 (1) (a) 10. 'Failure to provide schedules.' If a person who is required to provide a schedule under s. 71.13 (1m), 71.20 (1m), or 71.36 (4) fails to provide the schedule by the due date, including any extension, or provides an incorrect or incomplete schedule, the person is subject to a $50 penalty for each violation, except that the department shall waive the penalty if the person shows the department that a violation resulted from a reasonable cause and not from willful neglect.
****NOTE: This is reconciled s. 71.83 (1) (a) 10. This SECTION has been affected by drafts with the following LRB numbers: -0381/P3 and -0383/P1.
SECTION 6. 71.83 (3) of the statutes is renumbered 71.83 (3) (a) and amended to read:
71.83 (3) (a) If any person required under this chapter to file an income or franchise tax return fails to file a return within the time prescribed by law, or as extended under s. 71.03 (7), 71.24 (7) or 71.44 (3), unless the return is filed under such an extension but the person fails to file a copy of the extension that is granted by or requested of the internal revenue service, the department shall add to the tax of the person $30 in the case of corporations and in the case of persons other than corporations $2 when the total normal income tax of the person is less than $10, $3 when the tax is $10 or more but less than $20, $5 when the tax is $20 or more, except that $30 shall be added to the tax if the return is 60 or more days late $50 to the person's tax. If no tax is assessed against any such person the amount of this fee shall be collected as income or franchise taxes are collected. If any person who is required under s. 71.65 (3) to file a withholding report and deposit withheld taxes fails timely to do so; unless the person so required dies or the failure is due to a reasonable cause and not due to neglect; the department of revenue shall add $30 $50 to the amount due.
SECTION 7. 71.83 (3) (b) of the statutes is created to read:
71.83 (3) (b) A partnership that fails to file a statement under s. 71.20 (1) by the due date, including any extension, is subject to a $50 fee.
SECTION 9343. Initial applicability; Revenue.
(1) RETURNS AND SCHEDULES. The treatment of sections 71.13 (1m), 71.20 (1m) and (3), 71.36 (4), and 71.83 (1) (a) 10. of the statutes, the renumbering and amendment of section 71.83 (3) of the statutes, and the creation of section 71.83 (3) (b) of the statutes first apply to taxable years beginning on January 1, 2010.
(End)
LRB-0386LRB-0386/P1
JK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Hynek, BB0109 - Per capita limits for utility aid payments
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
