Amendment CSA1-SB40

SB40-CSA1,1021,10 (b) Any person who is required to maintain a list under sub. (7) (b) and who fails to provide the list to the department no later than 20 business days after the date on which the person receives the department's request to provide the list, as provided under sub. (7) (b), shall pay a penalty to the department in an amount that is equal to $10,000 for each day that the person does not provide the list, beginning with the day that is 21 business days after the date on which the person receives the department's request.

SB40-CSA1,1021,19 (c) The secretary of revenue may waive or abate any penalty imposed under this subsection, or any portion of such penalty, related to a reportable transaction that is not a listed transaction, if the waiver or abatement promotes compliance with this section and effective tax administration or, with regard to the penalty imposed under par. (b), if, on each day after the time for providing the list without incurring a penalty has expired, the person demonstrates to the department that the person's failure to provide the list on that day is because of reasonable cause. Notwithstanding any other law or rule, a determination by the secretary of revenue under this paragraph may not be reviewed in any judicial proceeding.

SB40-CSA1,1022,6 (9) Tax shelter promotion. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], any person who organizes or assists in organizing a tax shelter, or directly or indirectly participates in the sale of any interest in a tax shelter, and who makes or provides or causes another person to make or provide, in connection with such organization or sale, a statement that the person knows or has reason to know is false or fraudulent as to any material matter regarding the allowability of any tax deduction or credit, the excludability of any income, the manipulation of any allocation or apportionment rule, or the securing of any other tax benefit resulting from holding an interest in the entity or participating in the plan or arrangement, shall pay a penalty to the department, with respect to each sale or act of organization described under this paragraph, in an amount equal to 50 percent of the person's gross income derived from the sale or act.

SB40-CSA1,1022,12 (b) For purposes of administering this chapter, beginning on the effective date of this paragraph .... [revisor inserts date], a written communication to any person, director, officer, employee, agent, or representative of the person, or any other person holding a capital or profits interest in the person, regarding the promotion of, or advice with respect to, the person's direct or indirect participation in any tax shelter is not considered a confidential or privileged communication.

SB40-CSA1,1022,16 (11) Injunction. The department may commence an action in the circuit court of Dane County to enjoin a person from taking any action, or failing to take any action, that is subject to a penalty under this section or in violation of this section or any rules that the department promulgates pursuant to this section.

SB40-CSA1, s. 2139 Section 2139. 71.83 (1) (a) 1. of the statutes is amended to read:

SB40-CSA1,1023,3 71.83 (1) (a) 1. `Failure to file.' In case of failure to file any return required under s. 71.03, 71.24 or, 71.44, or 71.775 on the due date prescribed therefor, including any applicable extension of time for filing, unless it is shown that the failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on the return 5% of the amount of the tax if the failure is for not more than one month, with an additional 5% for each additional month or fraction thereof during which the failure continues, not exceeding 25% in the aggregate. For purposes of this subdivision, the amount of tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the due date prescribed for payment and by the amount of any credit against the tax which may be claimed upon the return.

SB40-CSA1, s. 2139e Section 2139e. 71.83 (1) (a) 6. of the statutes is amended to read:

SB40-CSA1,1023,10 71.83 (1) (a) 6. `Retirement plans.' Any natural person who is liable for a penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973, 4974, 4975, or 4980A of the internal revenue code Internal Revenue Code is liable for 33% of the federal penalty unless the income received is exempt from taxation under s. 71.05 (1) (a) or (ae). The penalties provided under this subdivision shall be assessed, levied, and collected in the same manner as income or franchise taxes.

SB40-CSA1, s. 2140 Section 2140. 71.90 (2) of the statutes is amended to read:

SB40-CSA1,1024,8 71.90 (2) Deposit with the secretary of administration department. At any time while the petition is pending before the tax appeals commission or an appeal in regard to that petition is pending in a court, the taxpayer may offer to deposit the entire amount of the additional taxes, penalties, and fines, together with interest, with the secretary of administration. If an offer to deposit is made, the department of revenue shall issue a certificate to the secretary of administration authorizing the secretary to accept payment of such taxes together with interest to the first day of the succeeding month and to give a receipt. A copy of the certificate shall be mailed to the taxpayer who shall pay the taxes and interest to the secretary of administration within 30 days. A copy of the receipt of the secretary of administration shall be filed with the department. The department shall, upon final determination of the appeal, certify to the secretary of administration the amount of the taxes as finally determined and direct the secretary of administration to refund to the appellant any portion of such payment which has been found to have been improperly assessed, including interest. The secretary of administration shall make the refunds directed by the certificate within 30 days after receipt. Taxes paid to the secretary of administration under this subsection shall be subject to the interest provided by ss. 71.82 and 71.91 (1) (c) only to the extent of the interest accrued on the taxes prior to the first day of the month succeeding the application for hearing. Any portion of the amount deposited with the secretary of administration which is refunded to the taxpayer shall bear interest at the rate of 9% per year during the time that the funds are on deposit.

SB40-CSA1, s. 2141 Section 2141. 71.93 (1) (a) 2. of the statutes is amended to read:

SB40-CSA1,1024,13 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that has been reduced to a judgment and has been submitted by an agency of another state to the department of workforce development children and families for certification under this section.

SB40-CSA1, s. 2142 Section 2142. 71.93 (1) (a) 4. of the statutes is amended to read:

SB40-CSA1,1024,18 71.93 (1) (a) 4. An amount that the department of workforce development children and families may recover under s. 49.161 or 49.195 (3) or collect under s. 49.147 (6) (cm), if the department of workforce development children and families has certified the amount under s. 49.85.

SB40-CSA1, s. 2143m Section 2143m. 73.01 (4) (e) 2. of the statutes is amended to read:

SB40-CSA1,1025,4 73.01 (4) (e) 2. Except for hearings on ss. 341.405 and 341.45, the department of revenue may choose not to appeal and to nonacquiesce in the decision or order by sending a notice of nonacquiescence to the clerk of the commission, to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register and to the taxpayer or the taxpayer's representative before the time expires for seeking a review of the decision or order under s. 73.015. The effect of this action is that, although the decision or order is binding on the parties for the instant case, the commission's conclusions of law, the rationale and construction of statutes in the instant case are not binding upon or required to be followed by the department of revenue in other cases.

SB40-CSA1, s. 2146 Section 2146. 73.03 (2a) of the statutes is amended to read:

SB40-CSA1,1026,17 73.03 (2a) To prepare, have published and distribute to each property tax assessor and to others who so request and publish, in electronic form and on the Internet, assessment manuals. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and improvements to land. The cost of the development, preparation, and Internet publication and distribution of the manual and of revisions and amendments to it shall be borne by the assessors and requesters at an individual volume cost or a subscription cost as determined by the department. All receipts shall be credited to paid from the appropriation under s. 20.566 (2) (hi). The department may provide free assessment manuals to other state agencies or exchange them at no cost with agencies of other states or of the federal government for similar information or publications (b).

SB40-CSA1, s. 2148 Section 2148. 73.03 (50) (c) of the statutes is amended to read:

SB40-CSA1,1027,2 73.03 (50) (c) In the case of an applicant who is an individual and who has a social security number, sets forth the social security number of the applicant or, in the case of an applicant who is an individual and who does not have a social security number, submits a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40-CSA1, s. 2151 Section 2151. 73.03 (50m) of the statutes is amended to read:

SB40-CSA1,1027,11 73.03 (50m) To enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857. The department of revenue shall suspend, refuse to issue or refuse to renew any certificate issued under sub. (50) as provided in the memorandum of understanding entered into under s. 49.857. Notwithstanding ss. 71.78 and 77.61 (5), the department of revenue shall disclose to the department of workforce development children and families the social security number of any applicant for a certificate issued under sub. (50) as provided in the memorandum of understanding.

SB40-CSA1, s. 2152 Section 2152. 73.03 (52n) of the statutes is created to read:

SB40-CSA1,1027,20 73.03 (52n) To enter into agreements with federally recognized tribes located in this state that provide for offsetting state tax refunds against tribal obligations and to charge a fee up to $25 per transaction to the debtor for the administrative costs of such setoffs. The administrative costs collected under this subsection shall be credited to the appropriation under s. 20.566 (1) (h). Setoffs under ss. 71.93, 71.935, and 73.03 (52) shall occur before setoffs under this subsection. Any legal proceeding to contest a setoff under this subsection shall be brought against the tribe under the process established by the tribe.

SB40-CSA1, s. 2153p Section 2153p. 73.03 (62) of the statutes is amended to read:

SB40-CSA1,1028,15 73.03 (62) To prepare and maintain a list of all persons who owe delinquent taxes, including interest, penalties, fees, and costs, to the department, in excess of $25,000 $5,000, which are unpaid for more than 90 days after all appeal rights have expired, and; to post the names of persons from this list on the Internet at a site that is created and maintained by the department for this purpose ; and to distribute the posted information to Internet search engines so the information is searchable. The Internet site shall list the name, address, type of tax due, and amount of tax due, including interest, penalties, fees, and costs for each person who has one of the delinquent taxpayer accounts, and the Internet site shall also contain a special page for the persons who have the 100 largest delinquent taxpayer accounts. Except as otherwise provided in this subsection, the department shall update the Internet site on a quarterly basis, and shall send the updates to the Internet search engines. The department may not post on the Internet or distribute to Internet search engines the name of any person who has reached an agreement or compromise with the department, or the department of justice, under s. 71.92 and is in compliance with that agreement, regarding the payment of delinquent taxes, or the name of any person who is protected by a stay that is in effect under the Federal Bankruptcy Code; the Internet posting and Internet search engines shall be updated each business day, as defined in s. 562.01 (3m), to comply with these prohibitions.

SB40-CSA1, s. 2154 Section 2154. 73.03 (63) of the statutes is created to read:

SB40-CSA1,1028,24 73.03 (63) Notwithstanding the amount limitations specified under ss. 71.07 (5b) (c) 1. and (5d) (c) 1., 71.28 (5b) (c) 1., 71.47 (5b) (c) 1., and 560.205 (3) (d), in consultation with the department of commerce, to carry forward to subsequent taxable years unclaimed credit amounts of the early stage seed investment credits under ss. 71.07 (5b), 71.28 (5b), and 71.47 (5b) and the angel investment credit under s. 71.07 (5d). Annually, no later than July 1, the department of commerce shall submit to the department of revenue its recommendations for the carry forward of credit amounts as provided under this subsection.

SB40-CSA1, s. 2155 Section 2155. 73.0301 (1) (d) 2. of the statutes is amended to read:

SB40-CSA1,1029,4 73.0301 (1) (d) 2. A license issued by the department of health and family services children and families under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility, or day care center, as required by s. 48.60, 48.625, 48.65, or 938.22 (7).

SB40-CSA1, s. 2156m Section 2156m. 73.0301 (1) (e) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

SB40-CSA1,1029,14 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the department of children and families; the government accountability board; the department of financial institutions; the department of health and family services; the department of natural resources; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

SB40-CSA1, s. 2157 Section 2157. 73.0301 (2) (c) 1. am. of the statutes is amended to read:

SB40-CSA1,1029,21 73.0301 (2) (c) 1. am. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued in reliance upon a false statement submitted under this subd. 1. am. is invalid.

SB40-CSA1, s. 2158 Section 2158. 73.0301 (2) (c) 2. of the statutes is amended to read:

SB40-CSA1,1030,3 73.0301 (2) (c) 2. A licensing department may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the purpose of requesting certifications under par. (b) 2. in accordance with the memorandum of understanding under sub. (4) and administering state taxes or to the department of workforce development children and families for the purpose of administering s. 49.22.

SB40-CSA1, s. 2159 Section 2159. 74.09 (3) (b) 6m. of the statutes is created to read:

SB40-CSA1,1030,7 74.09 (3) (b) 6m. The amount of the credit under s. 79.10 (5m) allocable to the property for the previous year and the current year, and the percentage change between those years.

SB40-CSA1, s. 2160 Section 2160. 74.09 (3) (b) 7. of the statutes is amended to read:

SB40-CSA1,1030,11 74.09 (3) (b) 7. The amount obtained by subtracting the amount amounts under subd. subds. 6. and 6m. from the amount under subd. 5., for the previous year and the current year, and the percentage change in that amount between those years.

SB40-CSA1, s. 2161g Section 2161g. 76.29 (1) (f) of the statutes is amended to read:

SB40-CSA1,1030,14 76.29 (1) (f) "Tax period" means each calendar year or portion of a calender year from January 1, 2004, to December 31, 2009.

SB40-CSA1, s. 2161h Section 2161h. 76.29 (2) of the statutes is amended to read:

SB40-CSA1,1031,2 76.29 (2) Imposition. There is imposed on every light, heat, and power company and electric cooperative that owns an electric utility plant, an annual license fee to be assessed by the department on or before May 1, 2005, and every May 1 thereafter, ending with the assessment on May 1, 2010, measured by the gross revenues of the preceding tax period in an amount equal to the apportionment factor multiplied by gross revenues multiplied by 1.59%. The fee 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. Gross revenues earned by a light, heat, and power company after December 31, 2009, are subject to the license fee imposed under s. 76.28 (2). Gross revenues earned by an electric cooperative after December 31, 2009, are subject to the license fee imposed under s. 76.48 (1r).

SB40-CSA1, s. 2161n Section 2161n. 76.635 (1) (a) of the statutes is amended to read:

SB40-CSA1,1031,5 76.635 (1) (a) "Certified capital company" has the meaning given in s. 560.30 (2) 560.29 (1) (a).

SB40-CSA1, s. 2161o Section 2161o. 76.635 (1) (b) of the statutes is amended to read:

SB40-CSA1,1031,8 76.635 (1) (b) "Certified capital investment" has the meaning given in s. 560.30 (4) 560.29 (1) (b).

SB40-CSA1, s. 2161p Section 2161p. 76.635 (1) (c) of the statutes is amended to read:

SB40-CSA1,1031,11 76.635 (1) (c) "Investment date" has the meaning given in s. 560.30 (6) 560.29 (1) (d).

SB40-CSA1, s. 2161q Section 2161q. 76.635 (1) (d) of the statutes is amended to read:

SB40-CSA1,1031,14 76.635 (1) (d) "Investment pool" has the meaning given in s. 560.30 (7) 560.29 (1) (e).

SB40-CSA1, s. 2161r Section 2161r. 76.635 (1) (e) of the statutes is amended to read:

SB40-CSA1,1031,17 76.635 (1) (e) "Qualified investment" has the meaning given in s. 560.30 (11) 560.29 (1) (g).

SB40-CSA1, s. 2161s Section 2161s. 76.635 (4) (a) of the statutes is amended to read:

SB40-CSA1,1031,25 76.635 (4) (a) If a certified capital company is decertified, or an investment pool is disqualified, under s. 560.37, 2005 stats., before the certified capital company fulfills the investment requirement under s. 560.34 (1m) (a) 1., 2005 stats., with respect to the investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay that credit to the commissioner of insurance, for deposit in the general fund, and may not claim more credit in respect to that investment pool.

SB40-CSA1, s. 2161t Section 2161t. 76.635 (4) (b) of the statutes is amended to read:

SB40-CSA1,1032,11 76.635 (4) (b) If a certified capital company fulfills the investment requirement under s. 560.34 (1m) (a) 1., 2005 stats., with respect to an investment pool but the certified capital company is decertified, or an investment pool is disqualified, under s. 560.37, 2005 stats., before the certified capital company fulfills the investment requirement under s. 560.34 (1m) (a) 2., 2005 stats., for that investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay all credits that were claimed for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool and may claim no more credits for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool.

SB40-CSA1, s. 2162 Section 2162. 76.636 (1) (e) of the statutes is amended to read:

SB40-CSA1,1032,25 76.636 (1) (e) "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC 51 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.

SB40-CSA1, s. 2163 Section 2163. 76.636 (2) (b) of the statutes is amended to read:

SB40-CSA1,1033,6 76.636 (2) (b) The amount determined by multiplying the amount determined under s. 560.785 (1) (b) by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

SB40-CSA1, s. 2164 Section 2164. 76.636 (2) (c) of the statutes is amended to read:

SB40-CSA1,1033,12 76.636 (2) (c) The amount determined by multiplying the amount determined under s. 560.785 (1) (c) by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

SB40-CSA1, s. 2165 Section 2165. 76.636 (2) (d) of the statutes is amended to read:

SB40-CSA1,1033,20 76.636 (2) (d) The amount determined by multiplying the amount determined under s. 560.785 (1) (bm) by the number of full-time jobs retained, as provided in the rules under s. 560.785, excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in an enterprise development zone under s. 560.797 and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

SB40-CSA1, s. 2166 Section 2166. 76.636 (2) (e) of the statutes is amended to read:

SB40-CSA1,1034,2 76.636 (2) (e) The amount determined by multiplying the amount determined under s. 560.785 (1) (c) by the number of full-time jobs retained, as provided in the rules under s. 560.785, excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

SB40-CSA1, s. 2178 Section 2178. 77.51 (1j) of the statutes is created to read:

SB40-CSA1,1034,6 77.51 (1j) "Catalog" means a printed and bound, stitched, sewed, or stapled book containing a list and description of property or services for sale, regardless of whether a price is specified.

SB40-CSA1, s. 2200m Section 2200m. 77.51 (4) (c) 1. of the statutes is amended to read:

SB40-CSA1,1034,12 77.51 (4) (c) 1. All receipts, cash, credits, and property except as provided in par. (b) 3., including credits for which a person's books and records show that the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable.

SB40-CSA1, s. 2224ac Section 2224ac. 77.51 (12) (a) of the statutes is amended to read:

SB40-CSA1,1034,21 77.51 (12) (a) Any transfer of title, possession, ownership, enjoyment, or use by: cash or credit transaction, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatever of tangible personal property for a consideration, including any transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable;

SB40-CSA1, s. 2237d Section 2237d. 77.51 (13) (p) of the statutes is created to read:

SB40-CSA1,1034,24 77.51 (13) (p) All persons described in this subsection regardless of all of the following:

SB40-CSA1,1034,25 1. Whether the transaction is mercantile in nature.

SB40-CSA1,1035,1 2. Whether the seller sells smaller quantities from inventory.

SB40-CSA1,1035,2 3. Whether the seller makes or intends to make a profit on the sale.

SB40-CSA1,1035,4 4. Whether the seller or the buyer receives a benefit the seller or buyer bargained for.

SB40-CSA1,1035,5 5. The percentage of the seller's total sales that the sale represents.

SB40-CSA1,1035,7 6. Any activities other than those described in pars. (a) to (o) in which the seller is engaged.

SB40-CSA1, s. 2253d Section 2253d. 77.51 (14) (m) of the statutes is created to read:

SB40-CSA1,1035,12 77.51 (14) (m) A transaction for which a person's books and records show the transaction created, with regard to the transferee, an obligation to pay a certain amount of money or an increase in accounts payable or, with regard to the transferor, a right to receive a certain amount of money or an increase in accounts receivable.

SB40-CSA1, s. 2253e Section 2253e. 77.51 (14) (n) of the statutes is created to read:

SB40-CSA1,1035,15 77.51 (14) (n) All activities described in this subsection regardless of all of the following:

SB40-CSA1,1035,16 1. Whether the transaction is mercantile in nature.

SB40-CSA1,1035,17 2. Whether the seller sells smaller quantities from inventory.