AB100-ASA1,1040,323
3. "Environmental remediation" means removal or containment of
24environmental pollution, as defined in s. 299.01 (4), and restoration of soil or
25groundwater that is affected by environmental pollution, as defined in s. 299.01 (4),
1in a brownfield if that removal, containment or restoration fulfills the requirement
2under sub. (1de) (a) 1. and investigation unless the investigation determines that
3remediation is required and that remediation is not undertaken.
AB100-ASA1,1040,94
4. "Full-time job" means a regular, nonseasonal full-time position in which an
5individual, as a condition of employment, is required to work at least 2,080 hours per
6year, including paid leave and holidays, and for which the individual receives pay
7that is equal to at least 150% of the federal minimum wage and receives benefits that
8are not required by federal or state law. "Full-time job" does not include initial
9training before an employment position begins.
AB100-ASA1,1040,1810
5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a
11person who resides in an empowerment zone, or an enterprise community, that the
12U.S. government designates, a person who is employed in an unsubsidized job but
13meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin works
14employment position, a person who is employed in a trial job, as defined in s. 49.141
15(1) (n), a person who is eligible for the Wisconsin works health plan under s. 49.153
16or a person who is eligible for child care assistance under s. 49.155; if the person has
17been certified in the manner under sub. (1dj) (am) 3. by a designated local agency,
18as defined in sub. (1dj) (am) 2.
AB100-ASA1,1040,2119
(b)
Credit. Except or provided in s. 73.03 (35) and subject to s. 560.785, for any
20taxable year for which the person is certified under s. 560.765 (3), any person may
21claim as a credit against taxes under this subchapter the following amounts:
AB100-ASA1,1040,2322
1. Fifty percent of the amount expended for environmental remediation in a
23development zone.
AB100-ASA1,1041,224
2. The amount determined by multiplying the amount determined under s.
25560.785 (1) (b) by the number of full-time jobs created in a development zone and
1filled by a member of a targeted group and by then subtracting the subsidies paid
2under s. 49.147 (3) (a) for those jobs.
AB100-ASA1,1041,63
3. The amount determined by multiplying the amount determined under s.
4560.785 (1) (c) by the number of full-time jobs created in a development zone and not
5filled by a member of a targeted group and by then subtracting the subsidies paid
6under s. 49.147 (3) (a) for those jobs.
AB100-ASA1,1041,117
4. The amount determined by multiplying the amount determined under s.
8560.785 (1) (b) by the number of full-time jobs retained, as provided in the rules
9under s. 560.785, excluding jobs for which a credit has been claimed under sub. (1dj),
10in a development zone and filled by a member of a targeted group and by then
11subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
AB100-ASA1,1041,1612
5. The amount determined by multiplying the amount determined under s.
13560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules
14under s. 560.785, excluding jobs for which a credit has been claimed under sub. (1dj),
15in a development zone and not filled by a member of a targeted group and by then
16subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.
AB100-ASA1,1041,2217
(c)
Credit precluded. If the certification of a person for tax benefits under s.
18560.765 (3) is revoked, that person may not claim credits under this subsection for
19the taxable year that includes the day on which the certification is revoked or
20succeeding taxable years and that person may not carry over unused credits from
21previous years to offset tax under this chapter for the taxable year that includes the
22day on which certification is revoked or succeeding taxable years.
AB100-ASA1,1042,223
(d)
Carry-over precluded. If a person who is certified under s. 560.765 (3) for
24tax benefits ceases business operations in the development zone during any of the
25taxable years that that zone exists, that person may not carry over to any taxable
1year following the year during which operations cease any unused credits from the
2taxable year during which operations cease or from previous taxable years.
AB100-ASA1,1042,73
(e)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
4s. 71.28 (4), applies to the credit under this subsection. Subsection (1dj) (c), as it
5applies to the credit under sub. (1dj), applies to the credit under this subsection.
6Claimants shall include with their returns a copy of their certification for tax benefits
7and a copy of the department of commerce's verification of their expenses.
AB100-ASA1,1042,189
71.47
(3) (b) The tax imposed upon or measured by corporation Wisconsin net
10income under s. 71.43 (1) or (2) shall be reduced by an amount equal to the sales and
11use tax under ch. 77 paid by the corporation in such taxable year on fuel and
12electricity consumed in manufacturing tangible personal property in this state.
13Shareholders of a tax-option corporation and partners may claim the credit under
14this subsection, based on eligible sales and use taxes paid by the tax-option
15corporation or partnership, in proportion to the ownership interest of each
16shareholder or partner. The tax-option corporation or partnership shall calculate
17the amount of the credit that may be claimed by each shareholder or partner and
18shall provide that information to the shareholder or partner.
AB100-ASA1,1042,2321
71.47
(3) (c) 2. For shareholders in a tax-option corporation, the credit may be
22offset only against the tax imposed on the shareholder's prorated share of the
23tax-option corporation's income.
AB100-ASA1,1042,2524
3. For partners, the credit may be offset only against the tax imposed on the
25partner's distributive share of partnership income.
AB100-ASA1,1043,3
14. If a tax-option corporation becomes liable for tax, the corporation may offset
2the credit against the tax due, with any remaining credit passing through to the
3shareholders.
AB100-ASA1,1043,74
5. If a corporation that is not a tax-option corporation has a carry-over credit
5and becomes a tax-option corporation before the credit carried over is used, the
6unused portion of the credit may be used by the tax-option corporation's
7shareholders on a prorated basis.
AB100-ASA1,1043,128
6. If the shareholders of a tax-option corporation have carry-over credits and
9the corporation becomes a corporation other than a tax-option corporation after the
10effective date of this subdivision .... [revisor inserts date], and before the credits
11carried over are used, the unused portion of the credits may be used by the
12corporation that is not a tax-option corporation.
AB100-ASA1,1044,315
71.47
(4) (a)
Credit. Any corporation may credit against taxes otherwise due
16under this chapter an amount equal to 5% of the amount obtained by subtracting
17from the corporation's qualified research expenses, as defined in section
41 of the
18internal revenue code, except that "qualified research expenses" includes only
19expenses incurred by the claimant, incurred for research conducted in this state for
20the taxable year
, except that a taxpayer may elect the alternative computation under
21section 41 (c) (4) of the Internal Revenue Code and that election applies until the
22department permits its revocation and except that "qualified research expenses"
23does not include compensation used in computing the credit under
sub. subs. (1dj)
24and (1dx), the corporation's base amount, as defined in section
41 (c) of the internal
25revenue code, except that gross receipts used in calculating the base amount means
1gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2. and
2(d). Section
41 (h) of the internal revenue code does not apply to the credit under this
3paragraph.
AB100-ASA1,1045,65
71.47
(4) (am)
Development zone additional research credit. In addition to the
6credit under par. (a), any corporation may credit against taxes otherwise due under
7this chapter an amount equal to 5% of the amount obtained by subtracting from the
8corporation's qualified research expenses, as defined in section
41 of the internal
9revenue code, except that "qualified research expenses" include only expenses
10incurred by the claimant in a development zone under subch. VI of ch. 560
, except
11that a taxpayer may elect the alternative computation under section 41 (c) (4) of the
12Internal Revenue Code and that election applies until the department permits its
13revocation and except that "qualified research expenses" do not include
14compensation used in computing the credit under sub. (1dj) nor research expenses
15incurred before the claimant is certified for tax benefits under s. 560.765 (3), the
16corporation's base amount, as defined in section
41 (c) of the internal revenue code,
17in a development zone, except that gross receipts used in calculating the base amount
18means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and
192. and (d) and research expenses used in calculating the base amount include
20research expenses incurred before the claimant is certified for tax benefits under s.
21560.765 (3), in a development zone, if the claimant submits with the claimant's
22return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and
23a statement from the department of commerce verifying the claimant's qualified
24research expenses for research conducted exclusively in a development zone. The
25rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under
1sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims
2under this paragraph. Section
41 (h) of the internal revenue code does not apply to
3the credit under this paragraph.
No credit may be claimed under this paragraph for
4taxable years that begin on January 1, 1998, or thereafter. Credits under this
5paragraph for taxable years that begin before January 1, 1998, may be carried
6forward to taxable years that begin on January 1, 1998, or thereafter.
AB100-ASA1,1045,148
71.47
(6) (a) Any person may credit against taxes otherwise due under this
9chapter, up to the amount of those taxes, an amount equal to 5% of the costs of
10qualified rehabilitation expenditures, as defined in section
47 (c) (2) of the internal
11revenue code, for certified historic structures on property located in this state if the
12physical work of construction or destruction in preparation for construction begins
13after December 31, 1988
, and the rehabilitated property is placed in service after
14June 30, 1989.
AB100-ASA1,1045,1616
71.49
(1) (eom) Development zones credit under s. 71.47 (1dx).
AB100-ASA1,1047,618
71.52
(6) "Income" means the sum of Wisconsin adjusted gross income and the
19following amounts, to the extent not included in Wisconsin adjusted gross income:
20maintenance payments (except foster care maintenance and supplementary
21payments excludable under section
131 of the internal revenue code), support money,
22cash public assistance (not including credit granted under this subchapter and
23amounts under s. 46.27), cash benefits paid by counties under s. 59.53 (21), the gross
24amount of any pension or annuity (including railroad retirement benefits, all
25payments received under the federal social security act and veterans disability
1pensions), nontaxable interest received from the federal government or any of its
2instrumentalities, nontaxable interest received on state or municipal bonds,
3worker's compensation, unemployment compensation, the gross amount of "loss of
4time" insurance, compensation and other cash benefits received from the United
5States for past or present service in the armed forces, scholarship and fellowship gifts
6or income, capital gains, gain on the sale of a personal residence excluded under
7section
121 of the internal revenue code, dividends, income of a nonresident or
8part-year resident who is married to a full-year resident, housing allowances
9provided to members of the clergy, the amount by which a resident manager's rent
10is reduced, nontaxable income of an American Indian, nontaxable income from
11sources outside this state and nontaxable deferred compensation. Intangible drilling
12costs, depletion allowances and depreciation, including first-year depreciation
13allowances under section
179 of the internal revenue code, amortization,
14contributions to individual retirement accounts under section
219 of the internal
15revenue code, contributions to Keogh plans, net operating loss carry-forwards and
16capital loss carry-forwards deducted in determining Wisconsin adjusted gross
17income shall be added to "income". "Income" does not include gifts from natural
18persons, cash reimbursement payments made under title XX of the federal social
19security act, surplus food or other relief in kind supplied by a governmental agency,
20the gain on the sale of a personal residence deferred under section
1034 of the
21internal revenue code or nonrecognized gain from involuntary conversions under
22section
1033 of the internal revenue code. Amounts not included in adjusted gross
23income but added to "income" under this subsection in a previous year and repaid
24may be subtracted from income for the year during which they are repaid.
25Scholarship and fellowship gifts or income that are included in Wisconsin adjusted
1gross income and that were added to household income for purposes of determining
2the credit under this subchapter in a previous year may be subtracted from income
3for the current year in determining the credit under this subchapter. A marital
4property agreement or unilateral statement under ch. 766 has no effect in computing
5"income" for a person whose homestead is not the same as the homestead of that
6person's spouse.
AB100-ASA1,1047,118
71.63
(1m) "Deposit" means mail or deliver funds to the department or, if the
9department prescribes another method of submitting or if the department of
10administration designates under s. 34.05 another destination, use that other method
11or submit to that other destination.
AB100-ASA1,1047,2113
71.63
(2) "Employe" means a resident individual who performs or performed
14services for an employer anywhere or a nonresident individual who performs or
15performed such services within this state, and includes an officer, employe or elected
16official of the United States, a state, territory, or any political subdivision thereof, or
17the District of Columbia, or any agency or instrumentality of any one or more of these
18entities. The term includes an officer of a corporation, an entertainer and an
19entertainment corporation
, but does not include a qualified real estate agent or a
20direct seller who is not treated as an employe under section 3508 of the Internal
21Revenue Code.
AB100-ASA1,1047,2523
71.63
(3) (c) In regard to a single-owner entity that is disregarded as a separate
24entity under section
7701 of the Internal Revenue Code, the owner, not the entity, is
25an "employer".
AB100-ASA1,1048,52
71.63
(3m) "File" means mail or deliver a document that the department
3prescribes to the department or, if the department prescribes another method of
4submitting or the department of administration designates under s. 34.05 another
5destination, use that other method or submit to that other destination.
AB100-ASA1,1048,107
71.63
(3r) "Furnish" means mail or deliver a document that the department
8prescribes to the department or, if the department prescribes another method of
9submitting or another destination, use that other method or submit to that other
10destination.
AB100-ASA1,1048,1512
71.63
(5m) "Remit" means mail or deliver funds to the department or, if the
13department prescribes another method of submitting or if the department of
14administration designates under s. 34.05 another destination, use that other method
15or submit to that other destination.
AB100-ASA1,1049,517
71.64
(9) (b) The department shall from time to time adjust the withholding
18tables to reflect any changes in income tax rates, any applicable surtax or any
19changes in dollar amounts in s. 71.06 (1) and (2) resulting from statutory changes.
20The tables shall account for the working families tax credit under s. 71.07 (5m). The
21tables shall be extended to cover from zero to 10 withholding exemptions, shall
22assume that the payment of wages in each pay period will, when multiplied by the
23number of pay periods in a year, reasonably reflect the annual wage of the employe
24from the employer and shall be based on the further assumption that the annual
25wage will be reduced for allowable deductions from gross income. The department
1may determine the length of the tables and a reasonable span for each bracket. In
2preparing the tables the department shall adjust all withholding amounts not an
3exact multiple of 10 cents to the next highest figure that is a multiple of 10 cents.
4The department shall also provide instructions with the tables for withholding with
5respect to quarterly, semiannual and annual pay periods.
AB100-ASA1, s. 1789
6Section
1789. 71.65 (2) (title) and (a) of the statutes are amended to read:
AB100-ASA1,1049,127
71.65
(2) (title)
Employers must furnish statement to the department
8Employers' statements. (a) Every person required to deduct and withhold from an
9employe under this subchapter shall furnish
to the department of revenue at its
10offices in Madison, in respect to remuneration paid by such person to such employe
11during the calendar year, on or before January 31 of the succeeding year, one copy
12of the statement under sub. (1).
AB100-ASA1,1050,214
71.65
(2) (b) Every resident of this state and every nonresident carrying on
15activities within this state, whether taxable or not under this chapter, who pays in
16any calendar year for services performed within this state by an individual
17remuneration which is excluded from the definition of wages, in the amount of $600
18or more, shall, on or before January 31 of the succeeding year, furnish
the
19department of revenue at its offices in Madison a statement in such form as required
20by the department, disclosing the name of the payor, the name and address of the
21recipient and the total amount paid in such year to such recipient. In any case in
22which an individual receives wages and also remuneration for services which
23remuneration is excluded from such definition, both from the same payor, the wages
24and the excluded remuneration shall both be reported in the report required under
1this subsection in a manner satisfactory to the department, regardless of the amount
2of the excluded remuneration.
AB100-ASA1,1051,244
71.65
(3) (a) Every employer who deducts and withholds any amount under
5this subchapter shall deposit such amount on a quarterly basis, except that if the
6amount deducted and withheld in any quarter exceeds $300, the department may
7require by written notice to the employer, that amounts deducted and withheld on
8and after the date indicated on such notice be deposited on a monthly basis.
9Employers who are required to file reports and deposit withheld taxes on a monthly,
10quarterly or annual basis, as the case may be, shall file such reports and deposit such
11taxes on or before the last day of the month next succeeding the withholding period.
12If the amount deducted and withheld in any quarter exceeds $5,000, the department
13may require by written notice to the employer, that for amounts deducted and
14withheld from the first day of the month through the 15th day of the month, the
15employer shall file reports and deposit such taxes on or before the last day of such
16month and that for amounts deducted and withheld from the 16th day of the month
17through the last day of the month the employer shall file reports and deposit such
18taxes on or before the 15th day of the next succeeding month.
The department may
19require any employer who files and pays on a monthly basis or more frequently to
20do so electronically. Employers shall file reports and deposit taxes with such public
21depository in Wisconsin as the department of administration designates a public
22depository therefor under s. 34.05 to the credit of the general fund. With each deposit
23the employer shall include a deposit report on a form to be provided by the
24department. The department may, when satisfied that the revenues will be
25adequately safeguarded, permit an employer whose withheld taxes do not exceed $50
1per month to deposit withheld taxes and reports for other than quarterly periods.
2The department may revoke such permission at any time. The department, if it
3deems it necessary in order to ensure payment to or facilitate the collection by the
4state of the amount of taxes, may require reports or payments of the amount of
5withheld taxes for other than quarterly periods. The public depository shall record
6on such deposit report the amount deposited and shall then forward such report to
7the department in such manner and at such time as the department by rule
8prescribes. On or before January 31 of each year every employer shall file
with the
9department at its offices in Madison, or at such other place as the department by rule
10prescribes, a withholding report on a form to be provided by the department showing
11the amount withheld from the wages paid each employe in the previous calendar
12year, the amount deposited in respect to each employe on wages paid in the previous
13calendar year and a reconciliation of the aggregate of the amounts deposited in
14respect to each employe on wages paid in the previous calendar year with the
15aggregate of the amounts shown on the semimonthly, monthly and quarterly deposit
16reports filed in respect to such withholding. Every employer who discontinues
17business prior to the end of a calendar year shall, within 30 days of such
18discontinuance, deposit withheld taxes not previously deposited and submit a
19deposit report concerning such deposit with the public depository and file a
20withholding report with the department covering the period from the beginning of
21the calendar year to the date of discontinuance. No employe shall have any right of
22action against an employer in regard to money deducted from wages and deposited
23with the public depository in compliance or intended compliance with this
24subchapter.
AB100-ASA1,1052,8
171.65
(3) (d) On or before January 31 of each year every employer shall file
with
2the department an annual withholding report on forms provided by the department
3showing the amount withheld from the wages paid each employe in the previous
4calendar year, the amount deposited or paid over in respect to each employe on wages
5paid in the previous calendar year and a reconciliation of the aggregate deposited or
6paid over in respect to each employe on wages paid in the previous calendar year with
7the aggregate of the amounts shown on deposit and withholding reports filed in
8respect of such withholding.
AB100-ASA1,1052,1410
71.65
(3) (e) Every employer who discontinues his or her business prior to the
11end of a calendar year shall, within 30 days of such discontinuance, pay over
12withheld taxes not previously deposited or paid over, and shall file a withholding
13report
with the department covering the period from the beginning of the calendar
14year to the date of discontinuance.
AB100-ASA1,1052,1916
71.65
(4) Self-insurers. A person who is required to file an annual
17withholding report under sub. (3) (a) and who is a self-insurer for the purposes of
18subch. II of ch.
619 149 shall indicate on the return that the person is such a
19self-insurer.
AB100-ASA1, s. 1795
20Section
1795. 71.66 (1) (a), (b), (c) and (d) of the statutes are amended to read:
AB100-ASA1,1053,221
71.66
(1) (a) On or before the date on which an employe commences
22employment with an employer each employe shall
furnish
provide his or her
23employer with a signed withholding exemption certificate relating to the number of
24withholding exemptions he or she claims, which shall not exceed the number to
25which he or she is entitled. If the employe fails to
furnish provide such certificate,
1such employe, for withholding purposes, shall be considered as claiming no
2withholding exemptions.
AB100-ASA1,1053,83
(b) If the number of withholding exemptions to which the employe is entitled
4is less than the number of withholding exemptions claimed by him or her on the
5withholding exemption certificate then in effect, the employe shall within 10 days
6after the change occurs
furnish provide the employer with a new withholding
7exemption certificate, which shall not exceed the number to which he or she is
8entitled.
AB100-ASA1,1053,149
(c) If the number of withholding exemptions to which the employe is entitled
10is more than the number of withholding exemptions claimed by him or her on the
11withholding exemption certificate then in effect, the employe may
furnish provide 12the employer with a new withholding exemption certificate on which the employe
13must not claim more than the number of withholding exemptions to which he or she
14is entitled on such day.
AB100-ASA1,1053,1715
(d) A withholding exemption certificate
furnished
provided to the employer
16shall take effect as of the beginning of the first payroll period ending after the date
17on which such certificate is
furnished provided.
AB100-ASA1,1053,2419
71.66
(1) (f) Whenever the internal revenue code or regulations or rulings of
20the internal revenue service require an employer to submit copies of, or information
21taken from, an employe's withholding allowance certificate to the internal revenue
22service, the employer shall also
furnish provide copies of, or information taken from,
23the certificate to the department within 15 days after the employer is required to file
24the certificate or information with the internal revenue service.
AB100-ASA1,1054,1
171.68 Definitions. In this subchapter:
AB100-ASA1,1054,2
2(1) "Department" means the department of revenue.
AB100-ASA1,1054,5
3(2) "File" means mail or deliver a document that the department prescribes to
4the department or, if the department prescribes another method of submitting or
5another destination, use that other method or submit to that other destination.
AB100-ASA1,1054,12
771.69 Capital stock transfers. All corporations doing business in this state
8shall file
with the department, on or before March 15
of each year on forms prescribed
9by the department, a statement of such transfers of its capital stock as have been
10made by or to residents of this state during the preceding calendar year. Such
11statement shall contain the name and address of the seller, date of transfer, and the
12number of shares of stock transferred.
AB100-ASA1,1054,22
1471.70 Rents or royalties. (1) Persons other than corporations. Persons
15other than corporations deducting rent or royalties in determining taxable income
16shall
inform the department of file a report that shows the amounts and
of the name
17and address of all natural persons who are residents of this state and to whom
18royalties of $600 or more were paid during the taxable year; and
of the amounts and
19of the name and address of all natural persons to whom rent of $600 or more is paid
20during the taxable year for property having a situs in this state. Such information
21shall be filed at the time of filing the income tax return on which such payments are
22deducted or at such other time as the department prescribes.
AB100-ASA1,1055,2
23(2) Corporations. All corporations doing business in this state shall file
with
24the department, on or before March 15
of each year, any information relative to
25payments made within the preceding calendar year of rents and royalties to all
1natural persons taxable thereon under this chapter
in amounts and in the manner
2and form prescribed by the department.
AB100-ASA1,1055,94
71.71
(2) (title)
Statement employer must furnish to department file. Every
5person required to deduct and withhold from an employe under subch. X shall
6furnish to the department of revenue at its offices in Madison file, in respect to
7remuneration paid by such person to such employe during the calendar year, on or
8before January 31 of the succeeding year, one copy of the statement referred to in sub.
9(1).
AB100-ASA1,1055,24
1171.72 Statement of nonwage payments. Every resident of this state and
12every nonresident carrying on activities within this state, whether taxable or not
13under this chapter, who pays in any calendar year for services performed within this
14state by an individual remuneration which is excluded from the definition of wages
15in s. 71.63 (6), in the amount of $600 or more, shall, on or before January 31 of the
16succeeding year
furnish the department of revenue at its offices in Madison,
file a
17statement
in such form as required by the department, disclosing the name of the
18payor, the name and address of the recipient and the total amount paid in such year
19to such recipient. In any case in which an individual receives wages, as defined in
20s. 71.63 (6), and also remuneration for services which remuneration is excluded from
21such definition, both from the same payor, the wages and the excluded remuneration
22shall both be reported in the statement required by s. 71.71 (2) in a manner
23satisfactory to the department, regardless of the amount of the excluded
24remuneration.
AB100-ASA1,1056,1
171.738 Definitions. In this subchapter:
AB100-ASA1,1056,2
2(1) "Department" means the department of revenue.
AB100-ASA1,1056,5
3(2) "File" means mail or deliver a document that the department prescribes to
4the department or, if the department prescribes another method of submitting or
5another destination, use that other method or submit to that other destination.
AB100-ASA1,1056,7
6(3) "Last day prescribed by law" means the unextended due date of the return
7or of the claim made under subch. VIII.
AB100-ASA1,1056,9
8(4) "Sign" means write one's signature or, if the department prescribes another
9method of authenticating, use that other method.
AB100-ASA1,1056,2211
71.74
(1) Office audit. The department
of revenue shall, as soon as practicable,
12office audit such returns as it deems advisable and if it is found from such office audit
13that a person has been over or under assessed, or found that no assessment has been
14made when one should have been made, the department
of revenue shall correct or
15assess the income of such person. Any assessment, correction or adjustment made
16as a result of such office audit shall be presumed to be the result of an audit of the
17return only, and such office audit shall not be deemed a verification of any item in
18said return unless the amount of such item and the propriety thereof shall have been
19determined after hearing and review as provided in s. 71.88 (1) (a) and (2) (a). Such
20office audit shall not preclude the department
of revenue from making field audits
21of the books and records of the taxpayer and from making further adjustment,
22correction and assessment of income.
AB100-ASA1,1057,324
71.74
(3) Default assessment. Any person required to
make file an income or
25franchise tax return, who fails, neglects or refuses to do so
in the manner and form
1and within the time prescribed by this chapter
, or
makes files a return that does not
2disclose the person's entire net income, shall be assessed by the department
3according to its best judgment.