Tax 2.085 History
History: Cr.
Register, October, 1976, No. 250, eff. 11-1-76; am. (1),
Register, November, 1978, No. 275, eff. 12-1-78; am. (2),
Register, September, 1983, No. 333, eff. 10-1-83; renum. (2) to be (3), cr. (2),
Register, February, 1990, No. 410, eff. 3-1-90;
CR 13-012: am. (1) to (3)
Register August 2013 No. 692, eff. 9-1-13;
CR 22-044: r. and recr. (1), am. (3)
Register June 2023 No. 810, eff. 7-1-23.
Tax 2.09
Tax 2.09
Reproduction of franchise or income tax forms. Tax 2.09(1)(1)
General. Subject to the provisions of this section, the official Wisconsin franchise or income tax forms required to be filed with the department may be reproduced and the reproductions may be filed in lieu of the corresponding official forms. Any reproduction which varies from the official version in any particular way, except as authorized in this section, shall be submitted to the department for approval before it is used. The department may reject any reproduction which is in whole or in part illegible or which is of a format that has not been approved by the department.
Tax 2.09(2)
(2)
Specifications. The following specifications shall apply:
Tax 2.09(2)(a)
(a) Printing of reproductions shall be by conventional printing processes, photocopying, computer graphics or similar reproduction processes and shall duplicate the font sizes, graphics and format of the official form. Reproductions may be printed on one side or both sides of the paper.
Tax 2.09(2)(b)
(b) Reproductions of optical character reader-scannable, or OCR-scannable, documents shall bear an OCR-scannable line as prescribed for the specific document type. Photocopies of OCR-scannable forms may not be filed.
Tax 2.09(2)(c)
(c) The reproductions shall be on paper of substantially the same weight and texture, and of quality at least as good as that used in the official forms.
Tax 2.09(2)(d)
(d) In the reproduction of tax forms, official forms printed on colored paper may be reproduced on white paper, and black ink may be substituted for colored ink.
Tax 2.09(2)(e)
(e) The size of the reproduction, both as to dimensions of the paper and image reproduced on it, shall be the same as that of the official form, except that full-page official forms which are other than 8
½ inches by 11 inches in size may be reproduced on 8
½ inch by 11 inch paper.
Tax 2.09(2)(f)
(f) Except for returns executed by fiduciaries as provided in sub.
(3) or returns filed electronically, all signatures required on returns which are filed with the department shall be original, affixed subsequent to the reproduction process.
Tax 2.09(3)
(3)
Fiduciaries. A fiduciary or the fiduciary's agent may use a facsimile signature in filing a tax return on form 2, subject to the following conditions:
Tax 2.09(3)(a)
(a) Each group of returns forwarded to the department shall be accompanied by a letter signed by the person authorized to sign the returns declaring, under penalties of perjury, that the facsimile signature appearing on the returns is the signature adopted by the person to sign the returns filed and that the signature was affixed to the returns by the person or at the person's direction. The letter shall also list each return by name and identifying number.
Tax 2.09(3)(b)
(b) A signed copy of the letter shall be retained by the person filing the returns and shall be available for inspection by the department.
Tax 2.09(3)(c)
(c) If returns are reproduced by photocopying or similar reproductive methods, the facsimile signature shall be affixed subsequent to the reproduction process.
Tax 2.09 Note
Note: Written requests for approval of substitute forms should be mailed to Wisconsin Department of Revenue, Processing Forms Approval, P.O. Box 8903, Madison, WI 53708-8903.
Tax 2.09 History
History: 1-2-56; am.
Register, February, 1958, No. 26, eff. 3-1-58; am.
Register, February, 1960, No. 50, eff. 3-1-60; am. (2),
Register, March, 1966, No. 123, eff. 4-1-66; am. (5) and cr. (6),
Register, August, 1974, No. 224, eff. 9-1-74; am. (intro.), (2), (6) (intro.) and (a),
Register, November, 1977, No. 263, eff. 12-1-77; am. (3),
Register, September, 1983, No. 333, eff. 10-1-83; correction in (5) made under s. 13.93 (2m) (b) 4., Stats.,
Register, July, 1987, No. 379; r. and recr.
Register, May, 1996, No. 485, eff. 6-1-96;
CR 10-095: am. (1)
Register November 2010 No. 659, eff. 12-1-10.
Tax 2.10
Tax 2.10
Copies of federal returns, statements, schedules, documents, etc. to be filed with Wisconsin returns. Tax 2.10(1)(1)
Individuals and fiduciaries. At the time of filing Wisconsin income tax returns by individuals and fiduciaries, a complete copy of the federal income tax return for the same taxable year, including all schedules, statements, documents and computations which affect the computation of Wisconsin income, credits or penalties, shall be included and filed with the Wisconsin return. If the federal form is filed electronically, a copy of the electronic material as contained in replicas of the official forms or on forms designated by the electronic filer shall be included and filed with the Wisconsin return.
Tax 2.10(2)
(2)
Partnerships and limited liability companies treated as partnerships. Tax 2.10(2)(a)
(a) Except as provided in par.
(b), at the time of filing Wisconsin income tax returns by partnerships and limited liability companies treated as partnerships under s.
71.20 (1), Stats., a complete copy of the federal income tax return for the same taxable year, including all schedules, statements, documents and computations which affect the computation of Wisconsin income, deductions and credits, shall be included and filed with the Wisconsin return. If the federal form is filed electronically, a copy of the electronic material as contained in replicas of the official forms or on forms designated by the electronic filer shall be included and filed with the Wisconsin return.
Tax 2.10(2)(b)
(b) Copies of the federal schedules K-1 are not required to be filed for those partners or members for whom a Wisconsin schedule 3K-1 is being filed for the same taxable year. A Wisconsin schedule 3K-1 shall be filed in lieu of federal schedule K-1 for a partner or member if any of the following applies:
Tax 2.10(2)(b)1.
1. The computation of the Wisconsin income or deductions differs from the federal amount.
Tax 2.10(2)(b)2.
2. The partner or member is a nonresident of Wisconsin or part-year resident of Wisconsin and the partnership or limited liability company has activities within and without Wisconsin.
Tax 2.10(2)(b)3.
3. The partnership or limited liability company calculates any Wisconsin income tax credits.
Tax 2.10 History
History: Register, December, 1965, No. 120, eff. 1-1-66; am.
Register, June, 1990, No. 414, eff. 7-1-90; r. and recr.
Register, May, 1995, No. 473, eff. 6-1-95:
CR 21-085; am. (1)
Register August 2022 No. 800, eff. 9-1-22.
Tax 2.105
Tax 2.105
Notice by taxpayer of federal audit adjustments and amended returns. Tax 2.105(1)(1)
Purpose. This section clarifies the time periods for a taxpayer to report federal audit adjustments and federal and other state amended returns for Wisconsin franchise or income tax and economic development surcharge purposes, and the result if a taxpayer fails to report the adjustments or amended returns.
Tax 2.105(2)
(2)
Definition. In this section, “taxpayer" includes individuals, estates, trusts, partnerships, limited liability companies and corporations. For combined groups, “taxpayer" includes the designated agent of a combined group under s.
71.255 (1) (a), Stats., if any member of the combined group was the subject of a federal audit adjustment or amended return.
Tax 2.105(3)(a)(a) Under ss.
71.76 and
77.96 (4), Stats., a taxpayer meeting the conditions described in sub.
(4) shall report to the department changes or corrections made to a tax return by the internal revenue service, or file with the department amended Wisconsin franchise or income tax returns or amended economic development surcharge returns reporting any information contained in amended returns filed with the internal revenue service, or with another state if there has been allowed a credit against Wisconsin taxes for taxes paid to that state. If such changes, corrections, or amended returns relate to income, credits claimed or carried forward, net business losses or net business losses carried forward, capital losses or capital losses carried forward, or any other item that is required to be included in a combined report under s.
71.255 (1) (b), Stats., the designated agent of the combined group shall report such changes or corrections or file amended combined returns.
Tax 2.105 Note
Note: See s.
Tax 2.65 for additional rules relating to the designated agent of a combined group.
Tax 2.105(3)(b)
(b) Except as provided in sub.
(5), the department may give notice to the taxpayer of assessment or refund within 90 days of the date the department receives the taxpayer's report of federal adjustments or amended return described in par.
(a). The 90-day limitation does not apply to instances where the taxpayer files an incorrect franchise or income tax return or economic development surcharge return with intent to defeat or evade the franchise or income tax or economic development surcharge assessment.
Tax 2.105(4)(a)
(a) Federal adjustments. If the federal net income tax payable, a credit claimed or carried forward, a net operating loss carried forward or a capital loss carried forward on a taxpayer's federal tax return is adjusted by the internal revenue service in a way which affects the amount of Wisconsin net franchise or income tax or economic development surcharge payable, the amount of a Wisconsin credit or a Wisconsin net operating loss, net business loss or capital loss carried forward, the taxpayer shall report the adjustments to the department within 90 days after they become final. If such adjustments relate to income, credits claimed or carried forward, net business losses or net business losses carried forward, capital losses or capital losses carried forward, or any other item that is required to be included in a combined report under s.
71.255 (1) (b), Stats., the designated agent of the combined group shall report such adjustments. The following shall also apply with respect to federal adjustments:
Tax 2.105(4)(a)1.
1. `Finality of federal adjustments.' For the purpose of determining when the federal adjustments become final, the following shall be deemed a final determination:
Tax 2.105(4)(a)1.b.
b. An agreement entered into with the internal revenue service waiving restrictions on the assessment and collection of a deficiency and accepting an overassessment. Federal form 870, “Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment," or 870-AD, “Offer to Waive Restrictions on Assessment and Collection of Tax Deficiency and to Accept Overassessment," are the forms prescribed for this purpose.
Tax 2.105(4)(a)1.c.
c. Expiration of the 90-day time period, or the 150-day period in the case of a notice addressed to a person outside the United States, within which a petition for redetermination may be filed with the United States tax court with respect to a statutory notice of deficiency issued by the internal revenue service, if a petition is not filed with that court within that time.
Tax 2.105(4)(a)1.d.
d. A closing agreement entered into with the internal revenue service under section
7121 of the Internal Revenue Code.
Tax 2.105(4)(a)1.e.
e. A decision by the United States tax court or a judgment, decree or other order by a court of competent jurisdiction which has become final, or the date the court approves a voluntary agreement stipulating disposition of the case. A court of competent jurisdiction includes a United States district court, a court of appeals, a court of claims or the United States supreme court.
Tax 2.105(4)(a)1.f.
f. For combined groups, the “finality of federal adjustments" is determined on the basis of that particular combined group member the adjustments of which ultimately affect the amount of Wisconsin net franchise or income tax or economic development surcharge payable, the amount of a Wisconsin credit, credit carryforward, net business loss, net business loss carryforward, capital loss or capital loss carried forward of the combined group to which that member belongs.
Tax 2.105 Note
Note: Decisions of the U.S. tax court and other courts ordinarily become final as follows:
Tax 2.105 Note
a. If no appeal is made of a U.S. tax court decision, it becomes final upon expiration of a period of 90 days after the decision is entered. Decisions in unappealable cases involving deficiencies of $50,000 or less heard by the U.S. tax court under section
7463 of the Internal Revenue Code become final 90 days after they are entered.
Tax 2.105 Note
b. Appealed decisions of the U.S. tax court become final as set forth in section
7481 of the Internal Revenue Code.
Tax 2.105 Note
c. A decision of a U.S. district court normally becomes final if not appealed to the U.S. court of appeals within 60 days of the judgment, decree or order.
Tax 2.105 Note
d. A decision of the U.S. court of claims or the U.S. court of appeals normally becomes final unless an appeal or a petition for certiorari is filed with the U.S. supreme court within 90 days of the judgment or decree.
Tax 2.105 Note
e. A decision of the U.S. supreme court is normally final upon the expiration of a period of 25 days from the date the decision is rendered, if a motion for reconsideration or rehearing is not filed within that time.
Tax 2.105(4)(a)2.
2. `Information to report to department.' The taxpayer shall submit to the department a copy of the final federal audit report issued by the internal revenue service together with any other documents or schedules necessary to inform the department of the adjustments as finally determined. The report shall be included with an amended Wisconsin return if a Wisconsin refund is being claimed and may be, but is not required to be, included with an amended return if additional Wisconsin tax or economic development surcharge is due or if there is no change in tax or economic development surcharge.
Tax 2.105(4)(a)3.
3. `Agreement with adjustments.' A taxpayer shall be deemed to concede the accuracy of the federal adjustments for Wisconsin franchise or income tax or economic development surcharge purposes unless a statement is included with the report to the department stating why the taxpayer believes the adjustments are incorrect.
Tax 2.105(4)(b)
(b) Amended returns. If a taxpayer files an amended federal tax return and the changes on the amended federal tax return affect the amount of Wisconsin net franchise or income tax or economic development surcharge payable, the amount of a Wisconsin credit or a Wisconsin net operating loss, net business loss or capital loss carried forward, the taxpayer shall file with the department an amended Wisconsin return reflecting the same changes. A taxpayer filing an amended return with another state shall file an amended Wisconsin return if a credit has been allowed against Wisconsin taxes for taxes paid to that state and if the changes affect the amount of Wisconsin net franchise or income tax or economic development surcharge payable, the amount of a Wisconsin credit or a Wisconsin net operating loss, net business loss or capital loss carried forward. If the changes described in this paragraph relate to income, credits claimed or carried forward, net business losses or net business losses carried forward, capital losses or capital losses carried forward, or any other item that is required to be included in a combined report under s.
71.255 (1) (b), Stats., the designated agent of the combined group shall file an amended combined return. Changes to a net operating or business loss carryforward may not be made unless the change to the incurred loss was computed on a return that was filed within 4 years of the unextended due date for filing the original return for the taxable year in which the loss was incurred. Changes to a net operating or business loss carry-back may not be made unless the change to the loss is claimed within 4 years of the unextended due date for filing the original return for the taxable year to which the loss is carried back. The amended Wisconsin return shall be filed within 90 days after the date the amended return is filed with the internal revenue service or other state.
Tax 2.105(4)(c)
(c) Where and how to submit report or amended return. An amended Wisconsin return or a taxpayer's report of federal adjustments submitted with an amended Wisconsin return shall be filed in accordance with the provisions of s.
Tax 2.12 (5) and
(6). A taxpayer's report of federal adjustments submitted to the department without an amended return shall be identified as reflecting federal adjustments made by the internal revenue service and shall be mailed to Wisconsin Department of Revenue, Audit Bureau, P.O. Box 8906, Madison, WI 53708-8906. The report submitted without an amended return may not be made a part of or attached to any Wisconsin tax return.
Tax 2.105(5)
(5)
Assessments and refunds by department. If a taxpayer reports federal adjustments or files an amended Wisconsin return with the department within 90 days after the adjustments become final or after an amended return is filed with the internal revenue service or another state, the department may make an assessment or issue a refund relating to the report or amended return as follows:
Tax 2.105(5)(a)
(a) Assessments. Under s.
71.77 (2), Stats., the department may make an assessment within 4 years from the date the original Wisconsin franchise or income tax return was filed. However, under s.
71.77 (7) (a), Stats., if the taxpayer reported less than 75% of the correct net income and the additional tax for the year exceeds $200 for a joint return, or $100 for a return other than a joint return, an assessment may be made within 6 years after the return was filed. If an assessment relates to a federal adjustment that affects a combined report, the department may issue such assessment to either the corporation whose income was adjusted for federal purposes or to the designated agent of the combined group, or both.
Tax 2.105 Note
Note: See s.
Tax 2.67 (4) for rules relating to the statute of limitations as applied to combined returns.
Tax 2.105(5)(b)
(b) Refunds. Under s.
71.75 (2), Stats., the department may issue a refund if an amended return is filed within 4 years of the unextended date the original Wisconsin franchise or income tax return was due.
Tax 2.105(5)(c)1.1. An assessment may be made later than the 4- and 6-year periods provided in par.
(a) if notice of the assessment is given to the taxpayer within 90 days of the date the department receives a timely report of federal adjustments or an amended Wisconsin return. However, the assessment made after the expiration of the 4- and 6-year periods shall only relate to those federal adjustments or the changes on the amended Wisconsin return.
Tax 2.105(5)(c)2.
2. If a taxpayer reports federal adjustments to the department after the expiration of the 4-year period for filing an amended Wisconsin return as described in par.
(b), a refund based upon federal adjustments reducing the taxpayer's federal tax liability, which are applicable to the taxpayer's Wisconsin tax or economic development surcharge liability, may still be made if notice of the refund is given to the taxpayer within 90 days of the date the department received a timely report of the federal adjustments.
Tax 2.105(5)(c)3.
3. The 90-day period for the department's giving notice of an assessment or issuing a refund may be extended if a written agreement is entered into by the department and the taxpayer prior to the expiration of the 90 days.
Tax 2.105(5)(c)4.
4. If federal adjustments or changes on an amended return filed with the internal revenue service or another state pertain to a year which has been previously field audited by the department and the field audit has been finalized, an assessment or refund nevertheless may be made. However, the assessment or refund shall only relate to those federal adjustments or the changes on the amended return. Notice of the assessment or refund shall be given to the taxpayer within 90 days of the date the department received the report of federal adjustments or an amended Wisconsin return from the taxpayer.
Tax 2.105 Note
Examples: 1) Federal adjustments were made to an individual's 2013 calendar- year basis federal income tax return; the adjustments became final on June 1, 2018. On August 15, 2018, within 90 days after the adjustments became final, the department received the taxpayer's report of the adjustments. Although the 4-year period provided by s.
71.77 (2), Stats., for making adjustments to the 2013 Wisconsin return expired on April 15, 2018, the department had until November 13, 2018, 90 days after the date the department received a report of the adjustments, to give notice of an assessment to the taxpayer.
Tax 2.105 Note
2) An individual filed an amended 2015 calendar-year basis New York return on June 1, 2016. An amended Wisconsin return, reflecting the changes on the amended New York return, was filed with the department on July 12, 2016. Under the 4-year assessment period in s.
71.77 (2), Stats., the department has 4 years from April 15, 2016, the due date of the 2015 return, in which to notify the taxpayer of any assessment relating to the changes on the amended New York return.
Tax 2.105(6)
(6)
Taxpayer's failure to report federal adjustments or file amended Wisconsin return; adjustments and amended returns relating to taxable year 1987 and thereafter. If a taxpayer fails to report federal adjustments or the filing of an amended federal or other state return, relating to the taxable year 1987 and thereafter, within the 90-day period described in sub.
(3) (b), the department may assess additional Wisconsin franchise or income tax or economic development surcharge relating to the adjustments or amended return within 4 years after discovery by the department.
Tax 2.105 Note
Example: An individual taxpayer filed a 2015 calendar-year basis Wisconsin income tax return on April 15, 2016. The internal revenue service made adjustments to the 2015 federal income tax return which the taxpayer did not report to the department within 90 days after the adjustments became final. The internal revenue service reports these adjustments to the department under the exchange of information agreement between the two agencies on May 1, 2018. The department may issue an assessment for the adjustments any time on or before May 1, 2022.
Tax 2.105 Note
Note: Section
71.76, 1989 Stats., was amended by
1991 Wis. Act 39, effective for federal changes or corrections to a federal income tax return that became final on or after August 15, 1991, and for amended federal and other state returns filed on or after August 15, 1991. Under the statute in effect immediately prior to the enactment of
1991 Wis. Act 39, a taxpayer was required to report internal revenue service adjustments to taxable income that affected the income reportable or tax payable to Wisconsin, and to file an amended Wisconsin return if information contained on an amended federal or other state tax return affected income reportable or tax payable to Wisconsin.
Tax 2.105 History
History: Cr.
Register, January, 1979, No. 277, eff. 2-1-79; correction in (3) (a) 1. a. made under s. 13.93 (2m) (b) 4., Stats.,
Register, July, 1987, No. 379; r. (2), (4) and (5) (d); renum. (1), (3), (5) (a) to (c) and (6) to be (2), (4), (6) and (7) and am. (2), (4) (a) 1.b., c. and e, (b), (6) (a) to (c) and (7), cr. (1), (3) and (5),
Register, February, 1990, No. 410, eff. 3-1-90; r. and recr.
Register, May, 1996, No. 485, eff. 6-1-96;
CR 10-095: am. (1), (2), (3), (4) (a) (intro.), 2., 3., (b), (5) (a), (c) 2., (6) (a), cr. (4) (a) 1. f.
Register November 2010 No. 659, eff. 12-1-10;
CR 12-011: am. (1), (3) (a), (b), (4) (a) (intro.), 1. f., 2., 3., (b), (5) (c) 2., (6) (a)
Register July 2012 No. 679, eff. 8-1-12;
CR 19-141: am. (4) (b)
Register September 2020 No. 777, eff. 10-1-20;
CR 21-085: am. (5) (c) 4. (Examples), (6) (a) (Example), r. (6) (b)
Register August 2022 No. 800, eff. 9-1-22; renum. (6) (a) to (6) under s. 13.92 (4) (b) 1., Stats.,
Register August 2022 No. 800.
Tax 2.11
Tax 2.11
Credit for sales and use tax paid on fuel and electricity. Tax 2.11(1)(a)
(a) Fuel and electricity “consumed in manufacturing" means only fuel and electricity used to operate machines and equipment used directly in the step-by-step manufacturing process. Fuel and electricity are not “consumed in manufacturing" if they are used in providing plant heating, cooling, air conditioning, communications, lighting, safety and fire prevention, research and product development, receiving, storage, sales, distribution, warehousing, shipping, advertising or administrative department activities. However, fuel and electricity used directly in manufacturing steam which is used by the manufacturer in further manufacturing or in heating a facility, or both, is consumed in manufacturing.
Tax 2.11(2)(a)(a) Under s.
71.28 (3), Stats., a corporation may reduce its income or franchise tax liability for the year by an amount equal to the Wisconsin state and county sales and use taxes it has paid on fuel and electricity consumed in manufacturing personal property within Wisconsin.
Tax 2.11(2)(b)
(b) If separate gas or electric meters are not used to accurately measure the fuel and electricity consumed in manufacturing in Wisconsin, a reasonable allocation is necessary.
Tax 2.11(2)(c)
(c) The credit is allowable for all Wisconsin and Wisconsin county sales and use taxes paid during the taxable year on fuel or electricity destined for manufacturing purposes, regardless of when the fuel or electricity was or is to be consumed.
Tax 2.11 Note
Note: Refer to Streets and Roads Construction Corporation v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, Docket No. I-6239, July 28, 1981, and Fort Howard Paper Company v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, Docket No. I-8266, November 1, 1983.
Tax 2.11(3)(a)
(a) If a corporation is entitled to a sales and use tax credit under s.
71.28 (3), Stats., the credit, to the extent not offset by the tax liability of the same year, may be offset against the tax liability of the subsequent year and each succeeding year up to a total of 15 years until the credit has been completely offset.
Tax 2.11 Note
Note: The carry forward of the sales tax credit was increased from 5 to 15 years by
1985 Wis. Act 29, and the 15 year carry forward first applies to credits carried forward from the 1980 taxable year.
Tax 2.11(3)(b)
(b) The sales tax credit shall first be offset against the income or franchise tax liability computed for the tax year before an unused credit from a prior year may be applied.
Tax 2.11(4)
(4)
Credit includable in net income. Under s.
71.26 (2), Stats., the credit computed for sales and use taxes paid on fuel and electricity consumed in manufacturing under s.
71.28 (3), Stats., shall be included in net income for the tax year. Except for tax-option corporations, the entire credit computed for the tax year is includable in net income, even though the credit is not entirely used or no income or franchise tax liability exists. Under s.
71.34 (1k) (e), Stats., tax-option corporations shall only include in net income the amount of credit computed under s.
71.28 (3), Stats., and used to offset the income or franchise tax liability of the current year.
Tax 2.11 History
History: Cr.
Register, February, 1978, No. 266, eff. 3-1-78; am. (2) (a) r. (1) (d), (2) (b) and (3) (a), renum. (3) (b) and (c) to be (3) (a) and (b), cr. (4),
Register, September, 1983, No. 333, eff. 10-1-83; am. (1) (intro.) and (3), renum. (1) (a) to (c) to be (1) (d), (b) and (a) and am., cr. (1) (c), r. and recr. (2) and (4),
Register, February, 1990, No. 410, eff. 3-1-90; corrections in (1) (b) and (4) made under s.
13.92 (4) (b) 7., Stats.,
Register April 2010 No. 652.
Tax 2.12
Tax 2.12
Claims for refund and other amended returns.
