Amendment ASA-AB150

AB150-ASA,1173,18 72.22 (1) When payable. The Except as provided in s. 72.225, the tax imposed by this chapter is due and payable on the date 9 months after the decedent's death.

AB150-ASA,1173,22 (3) Payment. Payments must be made to the department. Full Except as provided in s. 72.225, full payment shall accompany the estate tax return. If a prepayment was made, any additional tax shown owing on the return, as filed, shall accompany the return.

AB150-ASA, s. 3431 Section 3431. 72.225 of the statutes is created to read:

AB150-ASA,1174,6 72.225 Instalment payments; closely held businesses. (1) If a percentage of the federal tax on an estate may be paid in instalments under section 6166 of the internal revenue code, the same percentage of the taxes under this chapter may be paid under the same instalment schedule if written notice of the election to pay in instalments is given to the department within 9 months after the decedent's death. The provisions on acceleration under section 6166 (g) of the internal revenue code apply to payments under this section. The interest rate on payments is 12% and is calculated from the date of death.

AB150-ASA,1174,21 (2) Upon the filing of a notice under sub. (1), distributees of real estate shall provide the department a certified copy of a lien for unpaid taxes and interest on the property to secure payment, and shall record the lien in the office of the register of deeds of the county in which the property is located. Distributees of personal property, upon the filing of a notice under sub. (1), shall either provide a lien or provide the department a financial guarantee bond equal to the estimated tax and interest elected to be paid under sub. (1) to secure payment if the tax has not been determined. Upon determination of the tax, distributees of personal property shall provide a lien or provide a financial guarantee bond sufficient to secure payment of the tax and interest or pay the department the excess over the amount of tax and interest secured by the bond. The department may accept a lien affecting only part of the property if there is sufficient security to secure payment of the tax. Any distributee who fails to provide the security required under this subsection or who disposes of one-third or more of the property on which the tax is secured under this subsection, shall pay the tax in full.

AB150-ASA, s. 3432 Section 3432. 72.23 of the statutes is amended to read:

AB150-ASA,1175,3 72.23 (title) Interest Acceleration and interest. If the tax imposed by this chapter is not paid with 9 months of the decedent's date of death when it is due under s. 72.22, interest is due and payable at the rate of 12% per year from date of death. In computing time under this section, the day of death is excluded. If any payment of tax or interest under s. 72.225 is not paid when due, the unpaid portion of the tax and interest shall be paid upon notice by the department.

AB150-ASA, s. 3432m Section 3432m. 72.24 of the statutes is amended to read:

AB150-ASA,1175,8 72.24 Refunding. Whenever any amount has been paid in excess of the tax determined, the state treasurer secretary of administration, upon certification by the department or circuit court, shall refund the excess to the payor or other person entitled thereto.

AB150-ASA, s. 3433 Section 3433. 73.01 (4) (a) of the statutes is amended to read:

AB150-ASA,1175,25 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015, the commission shall be the final authority for the hearing and determination of all questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss. 70.11 (21), 70.38 (4) (a), 70.397, 70.64, 70.995 (8), 76.38 (12) (a), 76.39 (4) (c), 76.48 (6), 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76 and 139.78, subch. XIV of ch. 71 and subch. VII of ch. 77. Whenever with respect to a pending appeal there is filed with the commission a stipulation signed by the department of revenue and the adverse party, under s. 73.03 (25), agreeing to an affirmance, modification or reversal of the department's position with respect to some or all of the issues raised in the appeal, the commission shall enter an order affirming or modifying in whole or in part, or canceling the assessment appealed from, or allowing in whole or in part or denying the petitioner's refund claim, as the case may be, pursuant to and in accordance with the stipulation filed. No responsibility shall devolve upon the commission, respecting the signing of an order of dismissal as to any pending appeal settled by the department without the approval of the commission.

AB150-ASA, s. 3434 Section 3434. 73.01 (5) (a) of the statutes is amended to read:

AB150-ASA,1177,5 73.01 (5) (a) Any person who is aggrieved by a determination of the state board of assessors under s. 70.995 (8) or by the department of revenue under s. 70.11 (21) or who has filed a petition for redetermination with the department of revenue and who is aggrieved by the redetermination of the department may, within 60 days of the determination of the state board of assessors or of the department or, in all other cases, within 60 days after the redetermination but not thereafter, file with the clerk of the commission a petition for review of the action of the department and the number of copies of the petition required by rule adopted by the commission. If a municipality appeals, its appeal shall set forth that the appeal has been authorized by an order or resolution of its governing body and the appeal shall be verified by a member of that governing body as pleadings in courts of record are verified. The clerk of the commission shall transmit one copy to the department of revenue and to each party. In the case of appeals from manufacturing property assessments, the person assessed shall be a party to a proceeding initiated by a municipality. At the time of filing the petition, the petitioner shall pay to the commission a $5 filing fee, which the commission shall deposit in the general fund. Within 30 days after such transmission the department, except for petitions objecting to manufacturing property assessments, shall file with the clerk of the commission an original and the number of copies of an answer to the petition required by rule adopted by the commission and shall serve one copy on the petitioner or the petitioner's attorney or agent. Within 30 days after service of the answer, the petitioner may file and serve a reply in the same manner as the petition is filed. Any person entitled to be heard by the commission under s. 76.38 (12) (a), 76.39 (4) (c) or 76.48 may file a petition with the commission within the time and in the manner provided for the filing of petitions in income or franchise tax cases. Such papers may be served as a circuit court summons is served or by certified mail. For the purposes of this subsection, a petition for review is considered timely filed if mailed by certified mail in a properly addressed envelope, with postage duly prepaid, which envelope is postmarked before midnight of the last day for filing.

AB150-ASA, s. 3436 Section 3436. 73.03 (6) of the statutes is amended to read:

AB150-ASA,1177,21 73.03 (6) In its discretion to inspect and examine or cause an inspection and examination of the records of any town, city, village or county officer whenever such officer shall have failed or neglected to return properly the information as required by sub. (5), within the time set by the department of revenue. Upon the completion of such inspection and examination the department of revenue shall transmit to the clerk of the town, city, village or county a statement of the expenses incurred by the department of revenue to secure the necessary information. Duplicates of such statements shall be filed in the office of the department secretary of administration and state treasurer. Within 60 days after the receipt of the above statement, the same shall be audited, as other claims of towns, cities, villages and counties are audited, and shall be paid into the state treasury, in default of which the same shall become a special charge against such town, city, village or county and be included in the next apportionment or certification of state taxes and charges, and collected with interest at the rate of 10% per year from the date such statements were certified by the department, as other special charges are certified and collected.

AB150-ASA, s. 3437 Section 3437. 73.03 (28m) of the statutes is created to read:

AB150-ASA,1177,24 73.03 (28m) To enter into contracts for database and data processing services for audits of occasional sales of motor vehicles.

AB150-ASA, s. 3438 Section 3438. 73.03 (33m) of the statutes is amended to read:

AB150-ASA,1178,5 73.03 (33m) To collect, as taxes under ch. 71 are collected, from each person who owes to the department of revenue delinquent taxes, fees, interest or penalties, a fee for each delinquent account equal to $25 or 4.5% $35 or 6.5% of the taxes, fees, interest and penalties owed; as of the due date specified in the assessment, notice of amount due or notice of redetermination; on that account, whichever is greater.

AB150-ASA, s. 3438m Section 3438m. 73.03 (35) of the statutes is amended to read:

AB150-ASA,1178,14 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL) or (2ds), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds) or (4) (am) or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds) or (4) (am) if granting the full amount claimed would violate the requirement under s. 560.75 (9) or 560.797 (4) (e) or would bring the total of the credits granted to that claimant under that subsection s. 560.75 (9) or 560.797 (4) (e), or the total of the credits granted to that claimant under all of those subsections, over the limit for that claimant under s. 560.768, 560.795 (2) (b) or 560.797 (5) (b).

AB150-ASA, s. 3439 Section 3439. 73.03 (46) of the statutes is amended to read:

AB150-ASA,1178,23 73.03 (46) In each school year, to determine and certify to the state superintendent of public instruction the rate for determining the primary secondary ceiling cost per member under s. 121.07 (6) (b); and in the 1994-95 school year and annually thereafter to determine and certify to the state superintendent of public instruction the rate for determining minimum aid payments under s. 121.10 (6) (d). The rate for any school year is the average percentage change in the consumer price index for all urban consumers, U.S. city average, for the calendar year ending on the 2nd preceding December 31, as computed by the federal department of labor.

AB150-ASA, s. 3440m Section 3440m. 73.03 (50) of the statutes is created to read:

AB150-ASA,1179,9 73.03 (50) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which is valid for 2 years, and for renewing that certificate and shall issue and renew those certificates if the person who wishes to obtain or renew a certificate applies on a form that the department prescribes; sets forth the name under which the applicant intends to operate, the location of the applicant's place of operations and the other information that the department requires; and, in the case of a sole proprietor, signs the form or, in the case of other persons, has an individual who is authorized to act on behalf of the person sign the form.

AB150-ASA, s. 3441 Section 3441. 73.0305 of the statutes is amended to read:

AB150-ASA,1179,17 73.0305 Revenue limits calculations. The department of revenue shall annually determine and certify to the state superintendent department of public instruction education, no later than the 4th Monday in June, the allowable rate of increase for the limit imposed under subch. VII of ch. 121. For that limit, the allowable rate of increase is the percentage change in the consumer price index for all urban consumers, U.S. city average, between the preceding May March 31 and the 2nd preceding May March 31, as computed by the federal department of labor.

AB150-ASA, s. 3443m Section 3443m. 73.10 (6) of the statutes is amended to read:

AB150-ASA,1180,9 73.10 (6) The department may establish a scale of charges for audits, inspections and other services rendered by the department in connection with financial records or procedures of towns, villages, cities, counties and all other local public bodies, boards, commissions, departments or agencies. Upon the completion of such work or, at the department's discretion, during work in progress, the department shall transmit to the clerk of the town, village, city, county or other local public body, board, commission, department or agency a statement of such charges. Duplicates of the statements shall be filed in the offices office of the state treasurer secretary of administration. Within 60 days after the receipt of the above statement of charges, it shall be audited as other claims against towns, villages, cities, counties and other local public bodies, boards, commissions, departments or agencies are audited, and it shall be paid into the state treasury and credited to the appropriation under s. 20.566 (2) (gi). Past due accounts of towns, villages, cities, counties and all other local public bodies, boards, commissions, departments or agencies shall be certified on or before the 4th Monday of August of each year and included in the next apportionment of state special charges to local units of government.

AB150-ASA, s. 3446g Section 3446g. 74.09 (1) of the statutes is repealed and recreated to read:

AB150-ASA,1180,13 74.09 (1) Definition. In this section, "taxable value" means a property's assessed value divided by the assessment ratio of all of the taxable property in the taxation district where the property is located.

AB150-ASA, s. 3446r Section 3446r. 74.09 (3) (b) of the statutes is repealed and recreated to read:

AB150-ASA,1180,15 74.09 (3) (b) Except as provided in sub. (3m), show all of the following:

AB150-ASA,1180,17 1. For real property, the taxable value of the land and the taxable value of the improvements.

AB150-ASA,1180,18 2. For all property, the total taxable value.

AB150-ASA,1180,22 3. The tax levied on the property by the school district where the property is located minus the credit under s. 79.10 (4) allocable to the property, for the previous year and the current year, and the percentage change in that net tax between those years.

AB150-ASA,1180,25 4. The tax levied on the property by each taxing jurisdiction where the property is located, other than the school district, for the previous year and the current year, and the percentage change in each of those taxes between those years.

AB150-ASA,1181,2 5. The sum of the taxes levied under subds. 3. and 4. for the previous year and the current year, and the percentage change in that sum between those years.

AB150-ASA,1181,4 6. The amount of the credit under s. 79.10 (5) allocable to the property for the previous year and the current year, and the percentage change between those years.

AB150-ASA,1181,7 7. The amount obtained by subtracting the amount under subd. 6. from the amount under subd. 5., for the previous year and the current year, and the percentage change in that amount between those years.

AB150-ASA,1181,9 8. The net tax rate for the property, calculated by dividing the amount under subd. 7. for the current year by the amount under subd. 2.

AB150-ASA, s. 3446s Section 3446s. 74.09 (3) (c) of the statutes is repealed.

AB150-ASA, s. 3446t Section 3446t. 74.09 (3) (e) of the statutes is repealed.

AB150-ASA, s. 3446u Section 3446u. 74.09 (3) (i) of the statutes is repealed.

AB150-ASA, s. 3446v Section 3446v. 74.09 (3m) of the statutes is created to read:

AB150-ASA,1181,19 74.09 (3m) Information exception. If the property has a different parcel identification number for the current year than it had for the previous year or if the property is not substantially the same in those years, the property tax bill need not indicate any tax allocable to the property for the previous year or the percentage change in any tax allocable to the property between the previous year and the current year.

AB150-ASA, s. 3446w Section 3446w. 74.09 (4) of the statutes is repealed.

AB150-ASA, s. 3446x Section 3446x. 74.09 (4m) of the statutes is created to read:

AB150-ASA,1181,24 74.09 (4m) Required bill, waiver. Each taxation district shall use a property tax bill that the department of revenue prescribes unless that department permits the district to use another bill that provides the information under sub. (3).

AB150-ASA, s. 3446xd Section 3446xd. 74.25 (1) (a) 5. of the statutes is amended to read:

AB150-ASA,1182,4 74.25 (1) (a) 5. Pay to the state treasurer secretary of administration all collections of occupational taxes on mink farms, 30% of collections of occupational taxes on iron ore concentrates and 10% of collections of occupational taxes on coal docks.

AB150-ASA, s. 3446xh Section 3446xh. 74.27 of the statutes is amended to read:

AB150-ASA,1182,9 74.27 March settlement between counties and the state. On or before March 15, the county treasurer shall send to the state treasurer secretary of administration the state's proportionate shares of taxes under ss. 74.23 (1) (b) and 74.25 (1) (b) 1. and 2.

AB150-ASA, s. 3446xp Section 3446xp. 74.30 (1) (e) of the statutes is amended to read:

AB150-ASA,1182,14 74.30 (1) (e) Pay to the state treasurer secretary of administration all collections of occupational taxes on mink farms, 30% of collections of occupational taxes on iron ore concentrates and 10% of collections of occupational taxes on coal docks.

AB150-ASA, s. 3446xt Section 3446xt. 74.30 (1m) of the statutes is amended to read:

AB150-ASA,1182,18 74.30 (1m) March settlement between counties and the state. On or before March 15, the county treasurer shall send to the state treasurer secretary of administration the state's proportionate shares of taxes under sub. (1) (i) and (j).

AB150-ASA, s. 3447 Section 3447. 76.01 of the statutes is amended to read:

AB150-ASA,1182,25 76.01 Railroads and utilities, assessment. The department of revenue shall make an annual assessment of the taxable property of all railroad companies, of all conservation and regulation companies, of all sleeping car companies, of all air carriers, of all telephone companies and, of all pipeline companies and of the equipment of all car line companies, within this state, for the purpose of levying and collecting taxes thereon, as provided in this subchapter.

AB150-ASA, s. 3448 Section 3448. 76.02 (5) of the statutes is repealed.

AB150-ASA, s. 3449 Section 3449. 76.02 (9) of the statutes is amended to read:

AB150-ASA,1183,6 76.02 (9) "Company", without other designation or qualification, includes any railroad company, any conservation and regulation company, any express company, any air carrier company, any pipeline company, any telephone company and any sleeping car line company, as defined in this section, to which "company" is applied.

AB150-ASA, s. 3450 Section 3450. 76.02 (10) of the statutes is amended to read:

AB150-ASA,1183,19 76.02 (10) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, except such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a) and except that for car line companies the property taxable is all equipment. The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.

AB150-ASA, s. 3451 Section 3451. 76.02 (11) of the statutes is amended to read:

AB150-ASA,1183,24 76.02 (11) If the property of any company defined in s. 76.28 (1), except a qualified wholesale electric company as defined in s. 76.28 (1) (gm), is located entirely within a single town, village or city, it shall be subject to local assessment and taxation.

AB150-ASA, s. 3452 Section 3452. 76.02 (12r) of the statutes is created to read:

AB150-ASA,1184,3 76.02 (12r) "Car line company" means any person, except a railroad company, that leases or furnishes to a railroad company railroad cars or other equipment used in transporting persons or freight by rail.

AB150-ASA, s. 3453 Section 3453. 76.03 (1) of the statutes is amended to read:

AB150-ASA,1184,9 76.03 (1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02 shall be deemed is personal property for the purposes of taxation, and, except for car line company property, it shall be valued and assessed together as a unit.

AB150-ASA, s. 3454 Section 3454. 76.03 (2) of the statutes is amended to read:

AB150-ASA,1184,16 76.03 (2) In case any of the property used in the business of a company defined in s. 76.02, except a car line company, is operated in connection with the property used in the same business or any other business therein described, all such property, rights, franchises and privileges shall be valued and assessed together as a unit, unless, in the opinion of the department of revenue, such properties are so segregated that separate assessments thereof should be made.

AB150-ASA, s. 3455 Section 3455. 76.04 (1) of the statutes is amended to read:

AB150-ASA,1185,8 76.04 (1) Every company defined in s. 76.02 shall, annually, file a true and accurate statement in such manner and form and setting forth such facts as the department shall deem necessary to enforce ss. 76.01 to 76.26. The annual reports for car line companies shall be filed on or before March 1. The annual reports for railroad companies, sleeping car companies and express companies shall be filed on or before April 15 and. The annual reports for conservation and regulation companies, air carriers, telephone companies and pipeline companies shall be filed on or before May 1. For sufficient reason shown the department may upon written request allow such further time for making and filing the report as it may deem necessary, but not to exceed 30 days. If any company fails to file such report within the time prescribed or as extended under this subsection, the department shall add to the taxes due from such company $250 if the report is not filed within 15 days after the due date or extended due date and an additional $250 for each month or part of a month thereafter during which the report is not filed, except that the total penalty may not exceed $2,500. No company may in any action or proceeding contest the imposition of such penalty.

AB150-ASA, s. 3456 Section 3456. 76.07 (1) of the statutes is amended to read:

AB150-ASA,1185,19 76.07 (1) Duty of department. The department on or before August 1 in each year in the case of railroad companies and sleeping car companies, on or before October 10 in the case of car line companies and on or before September 15 in the case of air carrier companies, telephone companies, conservation and regulation companies and pipeline companies, shall, according to its best knowledge and judgment, ascertain and determine the full market value of the property of each company within the state. The department shall determine the value of the equipment of car line companies by the methods used to determine the value of fixed assets for the tax under ch. 70, as specified in the assessment manual under s. 73.03 (2a).

AB150-ASA, s. 3457 Section 3457. 76.07 (2) of the statutes is amended to read:

AB150-ASA,1186,15 76.07 (2) Relation to state valuation; description. The value of the property of each of said companies for assessment shall be made on the same basis and for the same period of time, as near as may be, as the value of the general property of the state is ascertained and determined. The department shall prepare an assessment roll and place thereon after the name of each of said companies assessed, the following general description of the property of such company, to wit: "Real estate, right-of-way, tracks, stations, terminals, appurtenances, rolling stock, equipment, franchises and all other real estate and personal property of said company," in the case of railroads, and "Real estate, right-of-way, poles, wires, conduits, cables, devices, appliances, instruments, franchises and all other real and personal property of said company," in the case of conservation and regulation companies, and "Real estate, appurtenances, rolling stock, equipment, franchises, and all other real estate and personal property of said company," in the case of sleeping car and air carrier companies, equipment in the case of car line companies and "Land and land rights, structures, improvements, mains, pumping and regulation equipment, services, appliances, instruments, franchises and all other real and personal property of said company," in the case of pipeline companies, and "All property of the company used in the operation of the company's telephone business" in the case of telephone companies, which description shall be deemed and held to include the entire property and franchises of the company specified and all title and interest therein.

AB150-ASA, s. 3458 Section 3458. 76.07 (4g) (intro.) of the statutes is amended to read:

AB150-ASA,1186,20 76.07 (4g) Determining the property in this state. (intro.) The department shall determine the property in this state of railroad companies, air carrier companies, pipeline companies and, telephone companies and car line companies in the following manner:

AB150-ASA, s. 3459 Section 3459. 76.07 (4g) (f) of the statutes is created to read:

AB150-ASA,1186,22 76.07 (4g) (f) Car line companies. For car line companies:

AB150-ASA,1186,23 1. Determine the total car miles traveled within this state.

AB150-ASA,1186,24 2. Determine the total car miles traveled everywhere.

AB150-ASA,1186,25 3. Divide the amount under subd. 1. by the amount under subd. 2.

AB150-ASA,1187,2 4. Multiply the fraction under subd. 3. by the full market value of the company's property everywhere.

AB150-ASA, s. 3460 Section 3460. 76.13 (1) of the statutes is amended to read:

AB150-ASA,1187,15 76.13 (1) The department shall compute and levy a tax upon the property of each company defined in s. 76.02, as assessed in the manner specified in ss. 76.07 and 76.08, at the average net rate of taxation determined under s. 76.126. The amount of tax to be paid by each such company shall be extended upon a tax roll opposite the description of the property of the respective companies. The tax rolls for all companies required to be assessed on or before August 1 in each year under s. 76.07 (1) shall be completed on or before August 10, for all companies required to be assessed on or before October 10 shall be completed on or before October 20 and for all companies required to be assessed on or before September 15 in each year under s. 76.07 (1) shall be completed on or before October 1; and the department shall thereupon attach to each such roll a certificate signed by the secretary of revenue, which shall be as follows: