Trans 152.02(26)(b)1.
1. As a fiduciary or agent without sole discretionary power to vote the securities.
Trans 152.02(26)(b)2.
2. Solely to secure a debt, if that person has not in fact exercised the power to vote.
Trans 152.02(26)(c)
(c) A person whose business is operated by the licensee under a lease or other agreement, or a person substantially all of whose assets are controlled by the licensee.
Trans 152.02(26)(d)
(d) A person who operates the licensee's business under a lease or other agreement or controls substantially all of the licensee's assets.
Trans 152.02(26)(e)
(e) There is a rebuttable presumption that the licensee's spouse, domestic partner, relative within the 3rd degree of kinship or the relative within the 3rd degree of kinship of a spouse or domestic partner operating the licensee's business are controlled by the licensee.
Trans 152.02(27)
(27) “Reporting period" means, under IFTA, a period of time consistent with the calendar quarterly period of January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Under IRP, “reporting period" means the July 1 through June 30 immediately preceding the commencement of the registration year.
Trans 152.02(28)
(28) “Revocation" means the withdrawal of fuel tax license or IRP registration and operating privileges by the department.
Trans 152.02(29)
(29) “Suspension" means the temporary removal of privileges granted to the licensee or registrant by the department.
Trans 152.02(30)
(30) “Total distance" means all miles or kilometers traveled during the reporting period by every qualified motor vehicle or apportionable vehicle in the licensee's fleet regardless of whether the miles or kilometers are considered taxable or nontaxable.
Trans 152.02 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93; renum. (2) to (25) to be (3) to (11), (13), (14) to (20), (23), (25) to (30) and am. (3), (5) (intro.), (11), (13), (16), (20) (a) to (c), (28), (29) and (30), cr. (2), (12), (21), (22) and (24),
Register, May, 1997, No. 497, eff. 6-1-97;
CR 04-004: cr. (7m), am. (16) and (27)
Register December 2004 No. 588, eff. 1-1-05; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2004 No. 588;
CR 22-048: am. (22) Register July 2023 No. 811, eff. 8-1-23.
Trans 152.025
Trans 152.025 Applications for motor carrier credentials. Trans 152.025(1)(1)
An application for motor carrier interjurisdictional credentials within this chapter shall require the applicant's established place of business in Wisconsin for IRP and IFTA.
Trans 152.025(2)
(2) An owner operator who cannot meet the requirements in sub.
(1) may satisfy the requirement for registration in Wisconsin if the owner operator can verify a Wisconsin connection. He or she shall provide all of the following:
Trans 152.025(2)(a)
(a) A phone bill with a Wisconsin phone number and Wisconsin geographical address.
Trans 152.025 History
History: CR 04-004: cr.
Register December 2004 No. 588, eff. 1-1-05.
Trans 152.03
Trans 152.03 International fuel tax agreement. Under the authority of s.
341.45 (4), Stats., Wisconsin became a member of the international fuel tax agreement. The IFTA is an agreement among states and provinces to simplify the reporting of fuel use taxes by interstate motor carriers. The IFTA reduces the paperwork and compliance burdens for fuel tax reporting. The IFTA does not impose taxes but allows interstate motor carriers to report their fuel use taxes to a base state on a uniform basis. The provisions of the international fuel tax agreement in effect on January 1, 1997 and those subsequently ratified by this state are incorporated by reference. If any provisions of this subchapter are inconsistent with the provisions in the international fuel tax agreement, the provisions of the international fuel tax agreement apply for applicants licensed under the international fuel tax agreement and these provisions apply to persons not licensed under the international fuel tax agreement.
Trans 152.03 Note
Note: Wisconsin became a member of the international fuel tax agreement effective July 1, 1989. A copy of the agreement may be ordered from the Wisconsin Department of Transportation, Motor Carrier Taxes and Permits Section, P.O. Box 7979, Madison, Wisconsin 53707-7979.
Trans 152.03 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.01 (3) and am.,
Register, May, 1997, No. 497, eff. 6-1-97.
Trans 152.04(1)(1)
General. Any person who purchases or obtains motor fuel or special fuel outside this state and operates any qualified motor vehicle in this state upon a highway and transports motor fuel or special fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin fuel tax on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax in the following manner:
Trans 152.04(1)(a)
(a) By purchasing tax paid motor fuel or special fuel within this state in an amount equivalent to the gallonage consumed while operating the qualified motor vehicles on the highways of this state, or
Trans 152.04(1)(b)
(b) By remitting the tax directly to the department as provided by this chapter, or
Trans 152.04(1)(c)
(c) By remitting the tax to licensee's base jurisdiction if that jurisdiction is party to the international fuel tax agreement. This state has adopted the international fuel tax agreement.
Trans 152.04(2)
(2)
Tax exempt miles. This state does not impose a use tax on the fuel consumed for either of the following:
Trans 152.04(2)(b)
(b) When the fuel is consumed while operating on private roads or driveways located in this state.
Trans 152.04(3)
(3)
Compliance. Any person operating a qualified motor vehicle in Wisconsin is required to comply with this chapter. Qualified motor vehicles which are not in compliance with the requirements of this section shall be subject to the penalties provided by s.
341.45, Stats., except those licensed under IFTA will be subject to the penalties provided for under that agreement.
Trans 152.04 Note
Note: obligations on a trip-by-trip basis in lieu of motor fuel tax licensing is available as specified in ch.
Trans 146.
Trans 152.04 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.03 and am. (1),
Register, May, 1997, No. 497, eff. 6-1-97.
Trans 152.05(1)(1)
License required. No person who purchases or obtains motor fuel or alternative fuel outside this state may operate a qualified motor vehicle in this state unless the person holds a valid Wisconsin interstate fuel tax license, a valid license issued under the international fuel tax agreement, a valid temporary fuel tax trip permit or has the requirement waived under a reciprocal agreement, or is entering or leaving Wisconsin to have or after having had special equipment, or a body constructed or installed, or for repair.
Trans 152.05(2)
(2)
License application. A person shall file an application for licensing in the name of the licensee with the department on forms specified by the department. The application shall contain the following:
Trans 152.05(2)(a)
(a) For a U.S. applicant, the federal employer identification number, or in the case of a sole proprietorship, the social security number. For a Canadian-based applicant, the department shall assign account numbers according to a uniform numbering system.
Trans 152.05(2)(f)
(f) Signature of licensee or authorized representative or attorney in fact.
Trans 152.05(2)(k)
(k) Statement of existence of bulk storage in Wisconsin and other international fuel tax agreement member jurisdictions.
Trans 152.05(2)(m)
(m) Indication of whether a person is applying for an international fuel tax agreement license or a Wisconsin interstate fuel tax license.
Trans 152.05 Note
Note: A license application form MV2667 may be ordered from the Wisconsin Department of Transportation, Motor Carrier Taxes and Permits Section, P.O. Box 7979, Madison, Wisconsin 53707-7979.
Trans 152.05(3)
(3)
Account identification. The department shall assign an account number to its licensees according to an account numbering system which shall contain an alphabetic designation of the state of Wisconsin and the federal employer identification number of the licensee issued by the internal revenue service.
Trans 152.05(4)
(4)
Previous problems. No license may be issued to an applicant or to any related business if that license is currently cancelled, suspended or revoked in Wisconsin or an international fuel tax agreement jurisdiction.
Trans 152.05(5)(a)(a) General. The department may require an applicant to post a surety bond or an irrevocable letter of credit as a condition of obtaining or retaining a license when an applicant has failed to file timely reports, when the fuel tax has not been remitted or when an audit indicates that a bond is required to protect the interests of the department. If a person fails to post a bond within the time required by the department, the department may refuse to issue a license or may revoke a license.
Trans 152.05(5)(b)
(b) Factors for the department's consideration. In determining whether or not a bond will be required, the department may consider all relevant factors including the following:
Trans 152.05(5)(b)2.
2. The person's prior record of filing tax reports and paying taxes and fees of any kind.
Trans 152.05(5)(c)
(c) Determination of amount. If a bond is required to be posted, the amount shall be equal to the licensee average quarterly use tax liability or projected liability plus any outstanding delinquency increased to the next even $100 amount.
Trans 152.05(5)(d)
(d) Return of bond. If the licensee complies with all the requirements of this section for 24 consecutive months, the bond may be returned to the licensee.
Trans 152.05(6)
(6)
Decal. Each licensee shall display 2 current fuel decals issued by the department for each qualified motor vehicle in its fleet. A fuel decal shall be placed on the exterior portion of the cab's passenger side and driver's side. In the case of transporters, manufacturers, dealers or driveaway operations, the decals need not be permanently affixed but may be temporarily displayed in a visible manner on the cab's passenger side and driver's side.
Trans 152.05(7)
(7)
License display. A licensee shall display a copy of the license in every qualified motor vehicle that the licensee operates under the IFTA license.
Trans 152.05(9)
(9)
Cancellation. A license shall be cancelled at the written request of the licensee.
Trans 152.05(10)
(10)
Leased vehicles. A lessor of vehicles that is regularly engaged in the business of leasing or renting motor vehicles without drivers may be issued a license.
Trans 152.05(11)
(11)
Fleets. No licensee may be issued more than one license per fleet. The licensee shall make legible copies of the license and one copy shall be carried in each qualified motor vehicle. No qualified motor vehicle may be operated in the state of Wisconsin without a copy of the licensee's fleet license.
Trans 152.05(12)
(12)
Replacement license or decal. If a license or an IFTA decal is lost prior to expiration, the department may issue a replacement license for $3.00 or IFTA decal for $2.00 after the holder sends in a signed statement stating that the prior decal is lost.
Trans 152.05 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93; renum. from Trans 152.04 and am. (1),
Register, May, 1997, No. 497, eff. 6-1-97;
CR 04-004: r. and recr. (2) (d), am. (3) (a), (7) and (12), r. (3) (b) and (c) and (8)
Register December 2004 No. 588, eff. 1-1-05.
Trans 152.06
Trans 152.06 Tax paid purchases. No person may be allowed a credit under s.
341.45 (2), Stats., unless the person maintains the records required by this section and s.
Trans 152.07 for fuel tax paid.
Trans 152.06(1)
(1)
Receipt documentation. Licensees shall retain all receipts and invoices, credit card receipts, or microfilm or microfiche copies of the records showing evidence of purchases and whether tax was paid for a period of 4 years from the due date of the tax report, unless the required tax report is not filed. If a tax report is not filed, the licensee shall retain the required records until the department otherwise authorizes. Facsimiles of receipts may be retained by using other types of technology with authorization from the department.
Trans 152.06(2)
(2)
Receipt content. An acceptable receipt or invoice for tax paid purchases credited against motor fuel tax liability must include the following:
Trans 152.06(2)(g)
(g) Purchaser's name. In the case of an agreement between a lessor and a lessee, receipts will be accepted in either name, provided a legal connection can be made to the reporting party.
Trans 152.06(3)
(3)
Bulk storage. In the case of fuel withdrawals from licensee owned, tax paid bulk storage, credit may be obtained under s.
341.45 (2), Stats., only if the following detailed records are maintained for each withdrawal of fuel:
Trans 152.06(3)(e)
(e) Purchase and inventory records to substantiate that tax was paid on all bulk purchases.
Trans 152.06 History
History: Cr.
Register, August, 1993, No. 452, eff. 9-1-93;
renum. from Trans 152.05,
Register, May, 1997, No. 497, eff. 6-1-97.
Trans 152.07(1)(1)
Fuel. Each licensee shall maintain a complete record of all fuel purchased, received and used in the conduct of its business. The fuel records shall contain the following:
