Tax 1.14(4)(a)(a) Deposit.
Any person who files a petition for redetermination may elect to deposit the amount of additional assessment, including interest and penalty, with the department, or with a person that the department prescribes, at any time before the department makes its redetermination. Any deposited amount that is later refunded shall bear interest at the statutory rate.
A person may also pay any portion of the assessment admitted to be correct together with interest computed to the date of payment. However, the payment shall be considered an admission that the paid portion of the assessment is correct. The admitted portion that is paid may not be recovered in an appeal or in any other action or proceeding.
A taxpayer may request in a petition for redetermination or at any time before the department has acted on the petition, an informal conference at which the facts and issues involved in the assessment or determination may be discussed. The conference shall be held at a time and place determined by the department.
If the informal conference specified in sub. (5)
results in an agreement as to facts and issues and the applicable law, the taxpayer and the department may enter into a closing stipulation.
To the extent a notice of additional assessment of income or franchise tax, or any other notice under sub. (1)
, results from amounts required to be included in a combined return under s. 71.255
, Stats., any act described in this section which is executed by the designated agent of the combined group is considered an act executed by all members of the combined group.
Tax 1.14 Note
Section Tax 1.14
interprets ss. 66.0615 (1m) (f) 2.
, 71.255 (7) (b)
, 71.80 (18)
, 71.88 (1)
, 71.90 (1)
, 77.59 (6)
, 77.61 (14)
, 77.76 (2)
, 77.982 (2)
, 77.991 (2)
, 77.9941 (4)
, 77.9951 (2)
, 77.9964 (2)
, 139.11 (2m)
, 139.38 (2m)
, and 168.12 (9)
Tax 1.14 History
; am. Register, February, 1975, No. 230
, eff. 3-1-75; am. Register, July, 1978, No. 271
, eff. 8-1-78; renum. (1) and (2) to be (2) and (3) and am., cr. (1) and (4), (5) and (6) renum. from Tax 3.92 and 3.93 and am., Register, June, 1990, No. 414
, eff. 7-1-90; CR 02-033
: renum. from Tax 3.91 and am. Register October 2002 No. 562
, eff. 11-1-02; CR 10-095
: cr. (7) Register November 2010 No. 659
, eff. 12-1-10.
Enforcement of rules against a small business that has commited a minor violation. Tax 1.15(1)(1)
This section discloses the discretion the department will follow in the enforcement of rules against a small business that has committed a minor violation.
Discretion the department will follow.
The enforcement of rules against a small business that has committed a minor violation, including the assessment of a penalty, forfeiture, fine, or interest, shall be done on a case-by-case basis. Each case shall be determined on its merits as evaluated by the department, taking into consideration all relevant factors. Factors shall include:
The difficulty and cost of compliance with the rule by the small business.
The financial capacity of the small business, including the ability of the small business to pay the amount of any penalty that may be imposed.
The compliance options available, including options for achieving voluntary compliance with the rule.
The opportunities available to the small business to understand and comply with the rule.
Fairness to the small business and to other persons, including competitors and the public.
Scope of discretion allowed.
The department shall allow the discretion described in sub. (3)
to be considered in all situations in which a small business has committed a minor violation, except in a situation where any of the following apply:
The violation results in a substantial economic advantage for the small business.
The small business has violated the same rule or guideline more than 3 times in the past 5 years.
The violation may result in an imminent endangerment to the environment, or to public health or safety.
The department encourages a small business that has committed a minor violation to voluntarily disclose the minor violation. On a case-by-case basis, considering all relevant factors, the department may exercise discretion to:
Enter into a written agreement with the small business that restricts the statute of limitations.
Reduce the number of periods for which returns shall be filed.
Tax 1.15 History
History: CR 06-087
: cr. Register November 2006 No. 611
, eff. 12-1-06; CR 16-046
: am. (title), (1), r. and recr. (2) to (4), am. (5) (intro.) Register January 2018 No. 745
, eff. 2-1-18.
Financial record matching program. Tax 1.16(1)(1)
The purpose of this section is to specify procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under s. 71.91 (8)
Pursuant to s. 71.91 (8) (a) 1.
, Stats., “account" means a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.
A financial institution doing business in this state shall enter into an agreement with the department to participate in the exchange of data on a quarterly basis. To the extent feasible, the information required under this agreement shall be submitted by electronic means prescribed by the department. The financial institution shall sign the agreement and return the agreement to the department within 20 business days of receipt of the agreement. The department shall review the agreement and, if all conditions have been met, shall sign the agreement and provide the financial institution with a copy of the signed agreement. Any changes to the conditions of the agreement shall be submitted by the financial institution or the department at least 60 days prior to the effective date of the change.
A financial institution shall elect one of the following options for the exchange of data described in par. (a)
1. `State matching option.'
This option is also known as the “all accounts method." If this option is elected, the agreement described in par. (a)
shall include the following:
The financial institution agrees to provide an electronic file to the department or department's agent on a quarterly basis. The file contains the name, social security number or federal employer identification number of all persons having an ownership interest in an account maintained at the financial institution, together with a description of each person's interest.
The department or department's agent will perform a match against the delinquent debtor file. Upon the request of the department or the department's agent, the financial institution shall provide the department, for each delinquent debtor who matches information provided by the financial institution under subd. 1. a.
, the delinquent debtor's address of record, account number, account type and the balance of the account.
The department or department's agent agrees not to disclose or retain information received from the financial institution concerning account holders who are not delinquent debtors.
2. `Financial institution matching option.'
This option is also known as the “matched accounts method." If this option is elected, the agreement described in par. (a)
shall include the following:
The department or department's agent agrees to provide the financial institution an electronic file on a quarterly basis. The file contains the names and social security numbers or federal employer identification numbers of delinquent debtors.
The financial institution agrees to return a file of matched records to the department or department's agent. The return file of matched records contains the delinquent debtor's name, social security number or federal employer identification number, address of record, account number, account type, the nature of the delinquent debtor's ownership interest in the account and the balance of the account at the time that the record match is made.
The financial institution agrees not to disclose or retain information received from the department or the department's agent concerning information contained in the delinquent debtor file in accordance with s. 71.91 (8) (e)
A financial institution may request reimbursement from the department for costs associated with participating in the financial record matching program in an amount not to exceed $125 for each calendar quarter that the financial institution participates in the program.
Tax 1.16 History
: emerg. cr. eff. 5-20-10; CR 09-118
: cr. Register June 2010 No. 654
, eff. 7-1-10.