Amendment ASA-AB150

AB150-ASA,1189,7 76.13 (3) If the Dane county circuit court, after such roll is delivered to the state treasurer department of administration, increases or decreases the assessment of any company, the department shall immediately redetermine the tax of the company on the basis of the revised assessment, and shall certify and deliver the revised assessment to the state treasurer secretary of administration as a revision of the tax roll. If the amount of tax upon the assessment as determined by the court is less than the amount paid by the company, the excess shall be refunded secretary of administration shall refund the excess to the company with interest at the rate of 9% per year upon the certification of the redetermined tax and for that purpose the secretary of administration, upon the certification and delivery of the revised tax roll, shall draw a warrant upon the state treasurer for the amount to be so refunded. If the amount of the tax upon the assessment as determined by the court is in excess of the amount of the tax as determined by the department, interest shall be paid on the additional amount at the rate of 12% per year from the date of entry of judgment to the date the judgment becomes final, and at 1.5% per month thereafter until paid.

AB150-ASA, s. 3460n Section 3460n. 76.15 (2) of the statutes is amended to read:

AB150-ASA,1189,20 76.15 (2) The power to reassess the property of any company defined in s. 76.02 and the general property of the state, and to redetermine the average rate of taxation, may be exercised under sub. (1) as often as may be necessary until the amount of taxes legally due from any such company for any year under ss. 76.01 to 76.26 has been finally and definitely determined. Whenever any sum or part thereof, levied upon any property subject to taxation under ss. 76.01 to 76.26 so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment upon the property, and the reassessment of taxes to that extent shall be deemed to be satisfied. When the tax roll on the reassessment is completed and delivered to the state treasurer secretary of administration, the department shall immediately notify by certified mail each of the several companies taxed to pay the amount of the taxes extended on the tax roll within 30 days.

AB150-ASA, s. 3460r Section 3460r. 76.22 (3) of the statutes is amended to read:

AB150-ASA,1189,25 76.22 (3) The state treasurer secretary of administration for and in the name of the state may bid at the sale and the state may become the purchaser of the property of any such company under a judgment for its sale for taxes, interest and costs.

AB150-ASA, s. 3460w Section 3460w. 76.24 (1) of the statutes is amended to read:

AB150-ASA,1190,6 76.24 (1) All taxes collected from companies defined in s. 76.02 under this subchapter shall be transmitted by the department to the state treasurer secretary of administration and become a part of the general fund for the use of the state, except that taxes paid into the state treasury by any air carrier or railroad company shall be deposited in the transportation fund.

AB150-ASA, s. 3461 Section 3461. 76.28 (1) (d) of the statutes is amended to read:

AB150-ASA,1190,25 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4.

AB150-ASA, s. 3462 Section 3462. 76.28 (1) (e) (intro.) of the statutes is amended to read:

AB150-ASA,1191,9 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person, association, company or corporation, including corporations described in s. 66.069 (2) and including qualified wholesale electric companies and except only business enterprises carried on exclusively either for the private use of the person, association, company or corporation engaged in them, or for the private use of a person, association, company or corporation owning a majority of all outstanding capital stock or who control the operation of business enterprises and except electric cooperatives taxed under s. 76.48 that engage in any of the following businesses:

AB150-ASA, s. 3463 Section 3463. 76.28 (1) (em) of the statutes is created to read:

AB150-ASA,1191,12 76.28 (1) (em) "Net production of electricity" means the total of electricity generated minus the power used to operate the generating plant.

AB150-ASA, s. 3464 Section 3464. 76.28 (1) (gm) of the statutes is created to read:

AB150-ASA,1191,20 76.28 (1) (gm) "Qualified wholesale electric company" means any person that owns or operates facilities for the generation and sale of electricity to a public utility, as defined in s. 196.01 (5), or to any other entity that sells electricity directly to the public, except that "qualified wholesale electric company" does not include any person that sells less than 95% of its net production of electricity or that does not own, operate or control electric generating facilities that have a total power production capacity of at least 50 megawatts.

AB150-ASA, s. 3465 Section 3465. Subchapter II (title) of chapter 76 [precedes 76.38] of the statutes is amended to read:

AB150-ASA,1191,23 Chapter 76

AB150-ASA,1192,2 Subchapter II TELEPHONE COMPANIES LICENSE FEES; CAR LINE COMPANIES, ELECTRIC COOPERATIVE Associations

AB150-ASA, s. 3465m Section 3465m. 76.38 (3) of the statutes is amended to read:

AB150-ASA,1192,14 76.38 (3) On or before May 1 the department shall compute and assess the license fees imposed by sub. (4), with respect to gross revenues of the preceding calendar year and on or before May 1 shall notify each person that was carrying on business as a telephone company on the preceding January 1 of the amount of the license fee assessed. Any person who pays the May 1 assessment in full has a license to carry on business as a telephone company in this state for the 12-month period beginning on the preceding January 1. The fees assessed by the department shall become delinquent if not paid when due, and when delinquent shall be subject to interest at the rate of 1.5% per month until paid. The department shall transmit all funds received under this section to the state treasurer secretary of administration within 15 days after receipt. The payment dates provided for in sub. (3a) shall apply.

AB150-ASA, s. 3466 Section 3466. 76.38 (12) (b) of the statutes is amended to read:

AB150-ASA,1192,24 76.38 (12) (b) In the case of overpayments of license fees by any telephone company under par. (a), the department shall certify the overpayments to the department secretary of administration, which who shall audit the amount of the overpayments and the state treasurer shall pay the amounts determined by means of the audit. All refunds of license fees under this subsection shall bear interest at the annual rate of 9% from the date of the original payment to the date when the refund is made. The time for making additional levies of license fees or claims for refunds of excess license fees paid, in respect to any year, shall be limited to 4 years after the time the report for such year was filed.

AB150-ASA, s. 3467 Section 3467. 76.39 (title) of the statutes is repealed.

AB150-ASA, s. 3468 Section 3468. 76.39 (1) of the statutes is repealed.

AB150-ASA, s. 3469 Section 3469. 76.39 (2) of the statutes is repealed.

AB150-ASA, s. 3470 Section 3470. 76.39 (3) of the statutes is repealed.

AB150-ASA, s. 3471 Section 3471. 76.39 (3a) of the statutes is repealed.

AB150-ASA, s. 3472 Section 3472. 76.39 (4) of the statutes is repealed.

AB150-ASA, s. 3473 Section 3473. 76.39 (5) of the statutes is repealed.

AB150-ASA, s. 3474 Section 3474. 76.46 of the statutes is repealed.

AB150-ASA, s. 3474g Section 3474g. 76.48 (3) of the statutes is amended to read:

AB150-ASA,1193,18 76.48 (3) On or before May 1 in each year, the department of revenue shall compute and assess the license fees provided for in sub. (1r) and certify the amounts due to the state treasurer and file a duplicate thereof with the department of administration secretary of administration. The department shall notify each electric cooperative of the amount of the license fees so assessed. The fees shall become delinquent if not paid when due and when delinquent shall be subject to interest at the rate of 1.5% per month on the amount of license fee until paid. The interest shall be collected by the department and, upon collection, forwarded to the state treasurer secretary of administration and retained by the state. The payment dates provided for in sub. (3a) shall apply.

AB150-ASA, s. 3474r Section 3474r. 76.48 (5) of the statutes is amended to read:

AB150-ASA,1194,6 76.48 (5) Additional assessments may be made, if notice of such assessment is given, within 4 years of the date the annual return was filed, but if no return was filed, or if the return filed was incorrect and was filed with intent to defeat or evade the tax, an additional assessment may be made at any time upon the discovery of gross revenues by the department. Refunds may be made if a claim for the refund is filed in writing with the department within 4 years of the date the annual return was filed. Refunds shall bear interest at the rate of 9% per year and shall be certified by the department to the secretary of administration who shall audit the amounts of such overpayments and the state treasurer shall pay the amount audited. Additional assessments shall bear interest at the rate of 12% per year from the time they should have been paid to the date upon which they shall become delinquent if unpaid.

AB150-ASA, s. 3475 Section 3475. 77.05 of the statutes is amended to read:

AB150-ASA,1194,11 77.05 State contribution. The department of natural resources shall pay before June 30 annually to the town treasurer, from the appropriation under s. 20.370 (4) (ar) (5) (bv), 20 cents for each acre of land in the town that is described as forest croplands under this subchapter.

AB150-ASA, s. 3475m Section 3475m. 77.22 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1194,15 77.22 (2) (intro.) The secretary of revenue shall prescribe the form required under sub. (1). The form shall include an application for a credit under s. 79.10 (5) and shall provide for the submission of the following:

AB150-ASA, s. 3476 Section 3476. 77.22 (2) (d) of the statutes is amended to read:

AB150-ASA,1194,20 77.22 (2) (d) If the real estate transferred is not subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the reason why it is not so subject or the form prescribed by the department of industry, labor and human relations development under s. 101.122 (6).

AB150-ASA, s. 3476m Section 3476m. 77.23 of the statutes is amended to read:

AB150-ASA,1195,3 77.23 Disposition of fees and returns. On or before the 15th day of each month the register shall submit to the county treasurer transfer fees collected together with the returns filed in the office during the preceding month for the treasurer's transmission to the department of revenue under s. 77.24 and shall submit to the county treasurer, or to the city treasurer if the property is located in a city that collects taxes under s. 74.87, all applications for credits under s. 79.10 (5) that the county register of deeds receives during the preceding month.

AB150-ASA, s. 3477 Section 3477. 77.25 (19) of the statutes is created to read:

AB150-ASA,1195,5 77.25 (19) Of time-share property, as defined in s. 707.02 (32).

AB150-ASA, s. 3478 Section 3478. 77.255 of the statutes is amended to read:

AB150-ASA,1195,10 77.255 Exemptions from return. No return is required with respect to conveyances exempt under s. 77.25 (1), (2r), (4) or, (11) or (19) from the fee imposed under s. 77.22. No return is required with respect to conveyances exempt under s. 77.25 (2) unless the transferor is also a lender for the transaction.

AB150-ASA, s. 3479 Section 3479. 77.265 (4) of the statutes is amended to read:

AB150-ASA,1195,13 77.265 (4) The department of industry, labor and human relations may use the returns under s. 101.22 106.04.

AB150-ASA, s. 3480 Section 3480. 77.52 (2) (a) 1. of the statutes is amended to read:

AB150-ASA,1196,9 77.52 (2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations, including the furnishing of rooms or lodging through the sale of a time-share property, as defined in s. 707.02 (32), if the use of the rooms or lodging is not fixed at the time of sale as to the starting day or the lodging unit. In this subdivision, "transient" means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. In this subdivision, "hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations, including mobile homes as defined in s. 66.058 (1) (d), rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual.

AB150-ASA, s. 3481g Section 3481g. 77.52 (7) of the statutes is repealed.

AB150-ASA, s. 3481m Section 3481m. 77.52 (8) of the statutes is repealed.

AB150-ASA, s. 3481r Section 3481r. 77.52 (9) of the statutes is repealed and recreated to read:

AB150-ASA,1196,18 77.52 (9) The department shall issue a permit for each place of operation in this state to any person who requests one and who holds a valid certificate under s. 73.03 (50). Permits under this subsection are not assignable and are valid only for the person who originally obtains them and only at the place of operation designated on them. Holders of permits shall display them prominently at the place for which they are valid.

AB150-ASA, s. 3481t Section 3481t. 77.52 (10) of the statutes is repealed.

AB150-ASA, s. 3481u Section 3481u. 77.52 (11) (a) of the statutes is renumbered 77.52 (11) and amended to read:

AB150-ASA,1197,17 77.52 (11) If any person fails to comply with any provision of this subchapter relating to the sales tax or any rule of the department relating to the sales tax adopted under this subchapter, is delinquent in respect to any tax imposed by the department or fails timely to file any return or report in respect to any tax under ch. 71, 72, 76, 77, 78 or 139 after having been requested to file that return or report, the department upon hearing, after giving the person 10 days' notice in writing specifying the time and place of hearing and requiring the person to show cause why the permit should not be revoked or suspended, may revoke or suspend any one or more of the permits held by the person. The department shall give to the person written notice of the suspension or revocation of any of the permits. The notices required in this paragraph subsection may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. If the department suspends or revokes a permanent permit under this paragraph subsection, it may grant a temporary permit that is valid for one month and may then grant additional temporary permits if the person pays all amounts owed under this chapter for the month for which the previous temporary permit was issued. Persons who receive a temporary permit waive the notice requirement under s. 77.61 (2). The department shall not issue a new permanent permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this subchapter, the rules of the department relating to the sales tax and the provisions relating to other taxes administered by the department.

AB150-ASA, s. 3481v Section 3481v. 77.52 (11) (b) of the statutes is repealed.

AB150-ASA, s. 3481w Section 3481w. 77.52 (12) of the statutes is amended to read:

AB150-ASA,1198,4 77.52 (12) A person who operates as a seller in this state without a permit or after a permit has been suspended, revoked or has expired, unless the person has a temporary permit under sub. (11) (a), and each officer of any corporation, partnership member, limited liability company member or other person authorized to act on behalf of a seller who so operates, is guilty of a misdemeanor. Permits shall be held only by persons actively operating as sellers of tangible personal property or taxable services. Any person not so operating shall forthwith surrender that person's permit to the department for cancellation. The department may revoke the permit of a person found not to be actively operating as a seller of tangible personal property or taxable services.

AB150-ASA, s. 3484 Section 3484. 77.52 (17m) (a) of the statutes is amended to read:

AB150-ASA,1198,8 77.52 (17m) (a) A person who holds a valid certificate issued under s. 73.03 (50) may apply for a direct pay permit by submitting to the department $5 and a completed form that the department prescribes.

AB150-ASA, s. 3484e Section 3484e. 77.52 (17m) (b) 7. of the statutes is amended to read:

AB150-ASA,1198,11 77.52 (17m) (b) 7. The applicant holds a permit under s. 77.52 (7) or is registered under s. 77.53 (9) valid certificate under s. 73.03 (50).

AB150-ASA, s. 3484m Section 3484m. 77.53 (1) of the statutes is amended to read:

AB150-ASA,1198,21 77.53 (1) An Except as provided in sub. (1m), an excise tax is levied and imposed on the use or consumption in this state of taxable services under s. 77.52 purchased from any retailer, at the rate of 5% of the sales price of those services; on the storage, use or other consumption in this state of tangible personal property purchased from any retailer, at the rate of 5% of the sales price of that property; and on the storage, use or other consumption of tangible personal property manufactured, processed or otherwise altered, in or outside this state, by the person who stores, uses or consumes it, from material purchased from any retailer, at the rate of 5% of the sales price of that material.

AB150-ASA, s. 3484r Section 3484r. 77.53 (1m) of the statutes is created to read:

AB150-ASA,1198,25 77.53 (1m) For motor vehicles that are used for retention, demonstration or display while held for sale in the regular course of business by a dealer who is licensed under s. 218.01, the base for the tax imposed under sub. (1) is the following:

AB150-ASA,1199,6 (a) If the motor vehicle is also used by an employe of the dealer, $96 per month, except that beginning in 1997 the department shall annually, as of January 1, adjust the dollar amount under this paragraph to reflect the annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year before the change.

AB150-ASA,1199,9 (b) If the motor vehicle is not also used by an employe of the dealer, the lease value as shown in the lease value tables that the internal revenue service prepares to interpret section 61 of the internal revenue code.

AB150-ASA, s. 3484rm Section 3484rm. 77.53 (9) of the statutes is amended to read:

AB150-ASA,1199,16 77.53 (9) Every retailer selling tangible personal property or taxable services for storage, use or other consumption in this state shall register with the department obtain a certificate under s. 73.03 (50) and give the name and address of all agents operating in this state, the location of all distribution or sales houses or offices or other places of business in this state, and such other information as the department requires.

AB150-ASA, s. 3484rr Section 3484rr. 77.53 (9m) of the statutes is amended to read:

AB150-ASA,1199,24 77.53 (9m) Any person who is not otherwise required to collect any tax imposed by this subchapter and who makes sales to persons within this state of tangible personal property or taxable services the use of which is subject to tax under this subchapter may, if the person so elects, register with the department, under such terms and conditions as the department imposes, shall obtain a valid certificate under s. 73.03 (50) and thereby be authorized and required to collect, report and remit to the department the use tax imposed by this subchapter.

AB150-ASA, s. 3484s Section 3484s. 77.54 (9a) (a) of the statutes is amended to read:

AB150-ASA,1200,2 77.54 (9a) (a) This state or any agency thereof and the University of Wisconsin Hospitals and Clinics Authority.

AB150-ASA, s. 3485 Section 3485. 77.54 (24) of the statutes is repealed.

AB150-ASA, s. 3485c Section 3485c. 77.58 (5) of the statutes is amended to read:

AB150-ASA,1200,22 77.58 (5) The department, if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payments of the amount of taxes for other than quarterly periods. The department may, if satisfied that the revenues will be adequately safeguarded, permit returns and payments of the amount of taxes for other than quarterly periods. Such returns or payments shall be due or payable by the last day of the month next succeeding the end of the reporting or paying period, except that the department may require by written notice to the taxpayer that the returns or payments shall be due or payable by the 20th day of the month next succeeding the end of the reporting or paying period. Any person who discontinues business or whose permit has not been renewed under s. 77.52 (10) or (11) (b) who does not hold a valid permit under s. 77.52 (9) prior to the end of a reporting period shall, within 30 days of after such discontinuance or nonrenewal after the date on which the person ceases to hold a valid permit, file a return and make payment of pay the taxes due from the beginning of such reporting period. If a business is discontinued and a final report thereon has been made covering all payments due or refunds claimed as provided in this section, the account shall be closed, the seller's permit terminated and, notwithstanding any other provisions of this section, no further reports may be required.

AB150-ASA, s. 3485f Section 3485f. 77.59 (5) of the statutes is amended to read:

AB150-ASA,1201,6 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person claiming the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 46.255 49.855 and 71.93 (3), (6) and (7).

AB150-ASA, s. 3485i Section 3485i. 77.59 (7) of the statutes is amended to read:

AB150-ASA,1201,21 77.59 (7) If the department believes that the collection of any tax imposed by this subchapter will be jeopardized by delay, it shall notify the person determined to owe the tax of its intention to proceed under s. 71.91 (5) for collection of the amount determined to be owing, including penalties and interest. Such notice shall be by certified or registered mail or by personal service and the warrant of the department shall not issue if the person, within 10 days after such notice furnishes a bond in such amount not exceeding double the amount determined to be owing and with such sureties as the department approves, conditioned upon the payment of so much of the taxes, interest and penalties as shall finally be determined to be due. Nothing in this subsection shall affect the review of determinations of tax as provided in this subchapter and any amounts collected under this subsection shall be deposited with the state treasurer secretary of administration and disbursed after final determination of the taxes as are amounts deposited under ss. 71.89 (1) and 71.90 (2).

AB150-ASA, s. 3485L Section 3485L. 77.60 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1202,7 77.60 (2) (intro.) Delinquent sales and use tax returns shall be subject to a $10 late filing fee unless the return was not timely filed because of the death of the person required to file. The fee shall not apply if the department has failed to issue a seller's permit or a use tax registration within 30 days of the receipt of an application for a seller's permit or use tax registration accompanied by the permit fee required established under s. 77.52 (8) 73.03 (50), if the person does not hold a valid certificate under s. 73.03 (50), and either the security required under s. 77.61 (2) or evidence of compliance with s. 77.52 (10) (c). Delinquent sales and use taxes shall bear interest at the rate of 1.5% per month until paid. The taxes imposed by this subchapter shall become delinquent if not paid:

AB150-ASA, s. 3485o Section 3485o. 77.61 (5) (b) 9. of the statutes is amended to read:

AB150-ASA,1202,11 77.61 (5) (b) 9. The administrator of the lottery division in the gaming commission department for the purpose of withholding of lottery winnings under s. 565.30 (5).

AB150-ASA, s. 3485s Section 3485s. 77.71 (2) of the statutes is amended to read:

AB150-ASA,1202,23 77.71 (2) An excise tax is imposed at the rate of 0.5% of the sales price upon every person storing, using or otherwise consuming in the county tangible personal property or services if the property or service is subject to the state use tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3) or (4) has been paid relieves the buyer of liability for the tax under this subsection and except that if the buyer has paid a similar local tax in another state on a purchase of the same property or services that tax shall be credited against the tax under this subsection and except that for motor vehicles that are used for retention, demonstration or display while held for sale in the regular course of business by a dealer the tax under this subsection is imposed not on the sales price but on the amount under s. 77.53 (1m).