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
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
local government
Under current law, the public utility aid payment amount that a municipality receives may not exceed an amount equal to $300 times the municipality's population. Beginning in 2009, however, the maximum payment amount for a municipality will increase annually by $125 per person. Under this bill, beginning with payments in 2009, the public utility aid payment amount that a municipality receives may not exceed an amount equal to $425 times the municipality's population.
Under current law, the public utility aid payment amount that a county receives may not exceed an amount equal to $100 times the county's population. Beginning in 2009, however, the maximum payment amount for a county will increase annually by $25 per person. Under the bill, beginning with payments in 2009, the public utility aid payment amount that a county receives may not exceed an amount equal to $125 times the county's population.
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. 79.04 (1) (a) of the statutes is amended to read:
79.04 (1) (a) An amount from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for "production plant, exclusive of land," "general structures," and "substations," in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21), as determined by the department of revenue plus an amount from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of the total original cost of production plant, general structures, and substations less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a municipality under this subsection and sub. (6) in any year shall not exceed $300 times the population of the municipality, increased annually by $125 per person beginning in 2009 except that, beginning with payments in 2009, the amount distributable to a municipality under this subsection and sub. (6) in any year shall not exceed $425 times the population of the municipality.
SECTION 2. 79.04 (2) (a) of the statutes is amended to read:
79.04 (2) (a) Annually, except for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, and except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., to any county having within its boundaries a production plant, general structure, or substation, used by a light, heat or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant or substation is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant or substation is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for "production plant, exclusive of land," "general structures," and "substations," in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21), as determined by the department of revenue plus an amount from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures, and substations less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county under this subsection and sub. (6) in any year shall not exceed $100 times the population of the county, increased annually by $25 per person beginning in 2009 except that, beginning with payments in 2009, the amount distributable to a county under this subsection and sub. (6) in any year shall not exceed $125 times the population of the county.
(End)
LRB-0389LRB-0389/2
TJD:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0114 - Insurance agent appointment fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
insurance
Under current law, insurance companies must notify OCI of the appointments, renewals, and terminations of insurance agents selling policies on their behalf. For notification of an appointment and each renewal of an appointment, the insurance company must pay to OCI a fee that is set by the commissioner by rule but which may not be more than $8 for a resident agent and not more than $24 for a nonresident agent.
This bill eliminates the maximum fee level, retains the requirement that the commissioner set the appointment fees by rule, and requires that the fees be paid at times and under procedures set by the commissioner.
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. 601.31 (1) (n) of the statutes is amended to read:
601.31 (1) (n) For listing appointing, or renewing a listing an appointment of, an agent under s. 628.11, a fee to be set by the commissioner by rule but not to exceed $8 annually for resident agents or $24 annually for nonresident agents and paid at times and under procedures set by the commissioner.
SECTION 9326. Initial applicability; Insurance.
(1) AGENT APPOINTMENT FEES. The treatment of section 601.31 (1) (n) of the statutes first applies to fees for appointments and renewals of appointments paid after December 31, 2009.
