LRB-0379LRB-0379/P2
JK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Hynek, BB0108 - Supervising local property tax assessments
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Property taxation
Under current law, DOR monitors the property tax assessments in all taxation districts. Under current law, a major class of property is property with an assessed value representing more than five percent of the full value of all property in the taxation district in which the major class of property is located. If DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that the assessment staff in that district must participate in an assessment education program. Under current law, if DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year that the taxation district's assessment staff participated in an assessment education program and in the following year, DOR must supervise the taxation district's next property tax assessment.
Under the bill, a major class of property is property with an assessed value representing more than 10 percent of the full value of all property in the taxation district in which the major class of property is located. Under the bill, if DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that DOR may supervise a subsequent taxation district assessment. If DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year after the taxation district receives such notice, DOR must supervise the taxation district's next property tax assessment. Under the bill, the assessment staff of the taxation district does not participate in an assessment education program prior to DOR's supervision of the taxation district assessment.
For further information see the state and local 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. 20.566 (2) (a) of the statutes is amended to read:
20.566 (2) (a) General program operations. The amounts in the schedule for administration of property tax laws, and public utility tax laws and, distribution of state taxes, and administration of general program operations under s. 73.10 and administration of the assessor educational program under s. 73.08.
SECTION 2. 70.05 (5) (a) 3. of the statutes is amended to read:
70.05 (5) (a) 3. "Major class of property" means any class of property that includes more than 5% 10 percent of the full value of the taxation district.
SECTION 3. 70.05 (5) (d) of the statutes is amended to read:
70.05 (5) (d) If the department of revenue determines that the assessed value of each major class of property of a taxation district, including 1st class cities, has not been established within 10% of the full value of the same major class of property during the same year at least once during the 4-year period consisting of the current year and the 3 preceding years, the department shall notify the clerk of the taxation district of its intention to proceed under par. (f) (em) if the taxation district's assessed value of each major class of property for the subsequent year is not within 10% of the full value of the same major class of property. The department's notice shall be in writing and mailed to the clerk of the taxation district on or before November 1 of the year of the determination.
SECTION 4. 70.05 (5) (em) of the statutes is created to read:
70.05 (5) (em) If, in the year after the year in which the taxation district clerk receives notice from the department of revenue under par. (d), the department determines that the assessed value of each major class of property of a taxation district, including 1st class cities, is not within 10 percent of the full value of the same major class of property, the department shall order special supervision under s. 70.75 (3) for that taxation district for the succeeding year's assessment. The order shall be in writing and the department shall mail it to the taxation district clerk on or before November 1 of the year of the determination.
SECTION 5. 70.05 (5) (f) of the statutes is repealed.
SECTION 6. 70.05 (5) (g) of the statutes is repealed.
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.
