SB2-SSA1,33,2524 3. For purposes of this paragraph, “Internal Revenue Code" does not include
25amendments to the federal Internal Revenue Code enacted after December 31, 2020.
SB2-SSA1,34,11
14. For purposes of this paragraph, the provisions of federal public laws that
2directly or indirectly affect the Internal Revenue Code, as defined in this paragraph,
3apply for Wisconsin purposes at the same time as for federal purposes, except that
4changes made by sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308,
540309, 40311, 40414, 41101, 41107, 41114, 41115, and 41116 of P.L. 115-123; section
6101 (a), (b), and (h) of division U of P.L. 115-141; section 1203 of P.L. 116-25; section
71122 of P.L. 116-92; section 301 of division O, section 1302 of division P, and sections
8101, 102, 103, 117, 118, 132, 201, 202 (a), (b), and (c), 204 (a), (b), and (c), 301, and
9302 of division Q of P.L. 116-94; section 2 of P.L. 116-98; and sections 301, 302, and
10304 of division EE of P.L. 116-260 apply for taxable years beginning after December
1131, 2020.
SB2-SSA1,34,15125. For purposes of this paragraph, section 1366 (f) of the Internal Revenue Code
13(relating to pass-through of items to shareholders) is modified by substituting the
14tax under s. 71.35 for the taxes under sections 1374 and 1375 of the Internal Revenue
15Code.
SB2-SSA1,71 16Section 71 . 71.34 (1u) of the statutes is created to read:
SB2-SSA1,34,1817 71.34 (1u) For purposes of s. 71.34 (1g) (b), 2013 stats., “Internal Revenue
18Code" includes section 109 of division U of P.L. 115-141.
SB2-SSA1,72 19Section 72 . 71.42 (2) (c), (d), (e), (f), (g), (h) and (i) of the statutes are repealed.
SB2-SSA1,73 20Section 73 . 71.42 (2) (j) 3. m. of the statutes is created to read:
SB2-SSA1,34,2221 71.42 (2) (j) 3. m. Sections 101 (m), (n), (o), (p), and (q), 104 (a), and 109 of
22division U of P.L. 115-141.
SB2-SSA1,74 23Section 74 . 71.42 (2) (j) 3. n. of the statutes is created to read:
SB2-SSA1,34,2524 71.42 (2) (j) 3. n. Section 102 of division M and sections 110, 111, and 116 (b)
25of division O of P.L. 116-94.
SB2-SSA1,75
1Section 75. 71.42 (2) (k) 3. of the statutes is amended to read:
SB2-SSA1,35,72 71.42 (2) (k) 3. For purposes of this paragraph, “Internal Revenue Code" does
3not include amendments to the federal Internal Revenue Code enacted after
4December 31, 2016, except that “Internal Revenue Code” includes sections 11024,
511025, and 13543 of P.L. 115-97; sections 40307 and 40413 of P.L. 115-123; sections
6101 (m), (n), (o), (p), and (q), 104 (a), and 109 of division U of P.L. 115-141; and section
7102 of division M and sections 110, 111, and 116 (b) of division O of P.L. 116-94
.
SB2-SSA1,76 8Section 76 . 71.42 (2) (L) 1. of the statutes is amended to read:
SB2-SSA1,35,129 71.42 (2) (L) 1. For taxable years beginning after December 31, 2017, and
10before January 1, 2021,
“Internal Revenue Code" means the federal Internal
11Revenue Code as amended to December 31, 2017, except as provided in subds. 2. to
124. and s. 71.98 and subject to subd. 5.
SB2-SSA1,77 13Section 77 . 71.42 (2) (L) 3. of the statutes is amended to read:
SB2-SSA1,35,2414 71.42 (2) (L) 3. For purposes of this paragraph, “Internal Revenue Code" does
15not include amendments to the federal Internal Revenue Code enacted after
16December 31, 2017, except that “Internal Revenue Code” includes sections 40307,
1740413, and 41113 of P.L. 115-123; sections 101 (m), (n), (o), (p), and (q), 104 (a), 109,
18401 (a) (54) and (b) (15) (A), (B), and (C), 19, 20, 23, 26, 27, and 28 of division U of P.L.
19115-141; sections 102 and 104 of division M, sections 102, 103, 106, 107, 108, 109,
20110, 111, 113, 114, 115, 116, 201, 204, 205, 206, 302, 401, and 601 of division O, section
211302 of division P, and sections 131, 202 (d), and 205 of division Q of P.L. 116-94;

22sections 1106, 2202, 2203, 2204, 2205, 2206, 2307, 3608, 3609, 3701, and 3702 of
23division A of P.L. 116-136; and sections 208, 209, and 214 of division EE and sections
24277, 280, and 285 of division N of P.L. 116-260
.
SB2-SSA1,78 25Section 78 . 71.42 (2) (L) 5. of the statutes is amended to read:
SB2-SSA1,36,6
171.42 (2) (L) 5. For purposes of this paragraph, the provisions of federal public
2laws that directly or indirectly affect the Internal Revenue Code, as defined in this
3paragraph, apply for Wisconsin purposes at the same time as for federal purposes,
4except that changes made by P.L. 115-63 and sections 11026, 11027, 11028, 13207,
513306, 13307, 13308, 13311, 13312, 13501, 13705, 13821, and 13823 of P.L. 115-97
6first apply for taxable years beginning after December 31, 2017
.
SB2-SSA1,79 7Section 79 . 71.42 (2) (m) of the statutes is created to read:
SB2-SSA1,36,108 71.42 (2) (m) 1. For taxable years beginning after December 31, 2020, “Internal
9Revenue Code" means the federal Internal Revenue Code as amended to December
1031, 2020, except as provided in subds. 2. and 3. and s. 71.98 and subject to subd. 4.
SB2-SSA1,37,1011 2. For purposes of this paragraph, “Internal Revenue Code" does not include
12the following provisions of federal public laws for taxable years beginning after
13December 31, 2020: section 13113 of P.L. 103-66; sections 1, 3, 4, and 5 of P.L.
14106-519; sections 101, 102, and 422 of P.L. 108-357; sections 1310 and 1351 of P.L.
15109-58; section 11146 of P.L. 109-59; section 403 (q) of P.L. 109-135; section 513 of
16P.L. 109-222; sections 104 and 307 of P.L. 109-432; sections 8233 and 8235 of P.L.
17110-28; section 11 (e) and (g) of P.L. 110-172; section 301 of P.L. 110-245; section
1815351 of P.L. 110-246; section 302 of division A, section 401 of division B, and sections
19312, 322, 502 (c), 707, and 801 of division C of P.L. 110-343; sections 1232, 1241, 1251,
201501, and 1502 of division B of P.L. 111-5; sections 211, 212, 213, 214, and 216 of P.L.
21111-226; sections 2011 and 2122 of P.L. 111-240; sections 753, 754, and 760 of P.L.
22111-312; section 1106 of P.L. 112-95; sections 104, 318, 322, 323, 324, 326, 327, and
23411 of P.L. 112-240; P.L. 114-7; section 1101 of P.L. 114-74; section 305 of division
24P of P.L. 114-113; sections 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to
25171, 189, 191, 307, 326, and 411 of division Q of P.L. 114-113; sections 11011, 11012,

113201 (a) to (e) and (g), 13206, 13221, 13301, 13304 (a), (b), and (d), 13531, 13601,
213801, 14101, 14102, 14103, 14201, 14202, 14211, 14212, 14213, 14214, 14215,
314221, 14222, 14301, 14302, 14304, and 14401 of P.L. 115-97; sections 40304, 40305,
440306, and 40412 of P.L. 115-123; section 101 (c) of division T of P.L. 115-141;
5sections 101 (d) and (e), 102, 201 to 207, 301, 302, and 401 (a) (47) and (195), (b) (13),
6(17), (22) and (30), and (d) (1) (D) (v), (vi), and (xiii) and (xvii) (II) of division U of P.L.
7115-141; sections 104, 114, 115, 116, 130, and 145 of division Q of P.L. 116-94;
8sections 2304 and 2306 of P.L.116-136; and sections 101, 111, 114, 115, 116, 118 (a)
9and (d), 133, 137, 138, 202, 210, 211, and 213 of division EE and sections 276 and 278
10of division N of P.L. 116-260.
SB2-SSA1,37,1211 3. For purposes of this paragraph, “Internal Revenue Code" does not include
12amendments to the federal Internal Revenue Code enacted after December 31, 2020.
SB2-SSA1,37,2313 4. For purposes of this paragraph, the provisions of federal public laws that
14directly or indirectly affect the Internal Revenue Code, as defined in this paragraph,
15apply for Wisconsin purposes at the same time as for federal purposes, except that
16changes made by sections 20101, 20102, 20104, 20201, 40201, 40202, 40203, 40308,
1740309, 40311, 40414, 41101, 41107, 41114, 41115, and 41116 of P.L. 115-123; section
18101 (a), (b), and (h) of division U of P.L. 115-141; section 1203 of 116-25; section 1122
19of P.L. 116-92; section 301 of division O, section 1302 of division P, and sections 101,
20102, 103, 117, 118, 132, 201, 202 (a), (b), and (c), 204 (a), (b), and (c), 301, and 302 of
21division Q of P.L. 116-94; section 2 of P.L. 116-98; and sections 301, 302, and 304 of
22division EE of P.L. 116-260 apply for taxable years beginning after December 31,
232020.
SB2-SSA1,80 24Section 80 . 71.42 (2p) of the statutes is created to read:
SB2-SSA1,38,2
171.42 (2p) For purposes of s. 71.42 (2) (b), 2013 stats., “Internal Revenue Code"
2includes section 109 of division U of P.L. 115-141.
SB2-SSA1,81 3Section 81. 71.47 (6) (h) of the statutes is amended to read:
SB2-SSA1,38,154 71.47 (6) (h) Any person, including a nonprofit entity described in section 501
5(c) (3) of the Internal Revenue Code, may sell or otherwise transfer the credit under
6par. (a) 2m. or 3., in whole or in part, to another person who is subject to the taxes
7imposed under s. 71.02, 71.23, or 71.43, if the person notifies the department of the
8transfer, and submits with the notification a copy of the transfer documents, and the
9department certifies ownership of the credit with each transfer. The transferor may
10file a claim for more than one taxable year on a form prescribed by the department
11to compute all years of the credit under par. (a) 2m. or 3., at the time of the transfer
12request. The transferee may first use the credit to offset tax in the taxable year of the
13transferor in which the transfer occurs, and may use the credit only to offset tax in
14taxable years otherwise allowed to be claimed and carried forward by the original
15claimant.
SB2-SSA1,82 16Section 82. 71.52 (1g) of the statutes is created to read:
SB2-SSA1,38,2517 71.52 (1g) “Earned income” means wages, salaries, tips, and other employee
18compensation that may be included in federal adjusted gross income for the taxable
19year, plus the amount of the claimant's net earnings from self-employment for the
20taxable year determined with regard to the deduction allowed to the taxpayer by
21section 164 (f) of the Internal Revenue Code. For purposes of this subsection, a
22claimant's earned income is computed without regard to any marital property laws
23and a claimant may elect to treat amounts excluded from federal adjusted gross
24income as earned income, as provided under section 112 of the Internal Revenue
25Code. “Earned income” does not include the following:
SB2-SSA1,39,1
1(a) Any amount received as a pension or annuity.
SB2-SSA1,39,22(b) Any amount to which section 871 (a) of the Internal Revenue Code applies.
SB2-SSA1,39,43 (c) Any amount received for services provided by an individual while the
4individual is an inmate at a penal institution.
SB2-SSA1,39,95 (d) Any amount received for service performed in work activities under
6paragraphs (4) or (7) of section 407 (d) of the Social Security Act to which the claimant
7is assigned under any state program under part A of title IV of the Social Security
8Act. This paragraph applies only to amounts subsidized under any such state
9program.
SB2-SSA1,83 10Section 83. 71.55 (10) of the statutes is amended to read:
SB2-SSA1,39,1911 71.55 (10) Farmers. Notwithstanding the provision in s. 71.52 (6) that requires
12the addition of certain disqualified losses to income, such an addition may not be
13made by a claimant who is a farmer whose primary income is from farming and
14whose farming generates less than $250,000 in gross receipts from the operation of
15farm premises in the year to which the claim relates. For purposes of this subsection,
16a claimant's primary income is from farming if the claimant's gross income from
17farming for the year to which the claim relates is greater than 50 percent of the
18claimant's total gross income from all sources for the year to which the claim relates.
19In this subsection, “gross income” has the meaning given in s. 71.03 (1).
SB2-SSA1,84 20Section 84. 71.76 of the statutes is renumbered 71.76 (1) and amended to read:
SB2-SSA1,40,1321 71.76 (1) If for any year the amount of federal net income tax payable, of a credit
22claimed or carried forward, of a net operating loss carried forward or of a capital loss
23carried forward of any taxpayer as reported to the internal revenue service is
24changed or corrected by the internal revenue service or other officer of the United
25States, such taxpayer shall report such changes or corrections to the department

1within 90 180 days after its final determination and shall concede the accuracy of
2such determination or state how the determination is erroneous. Such changes or
3corrections need not be reported unless they affect the amount of net tax payable
4under this chapter, of a credit calculated under this chapter, of a Wisconsin net
5operating loss carried forward, of a Wisconsin net business loss carried forward or
6of a capital loss carried forward under this chapter. Any taxpayer submitting an
7amended return to the internal revenue service, or to another state if there has been
8allowed a credit against Wisconsin taxes for taxes paid to that state, shall also file,
9within 90 180 days of such filing date, an amended return if any information
10contained on the amended return affects the amount of net tax payable under this
11chapter of a credit calculated under this chapter, of a Wisconsin net operating loss
12carried forward, of a Wisconsin net business loss carried forward or of a capital loss
13carried forward under this chapter.
SB2-SSA1,85 14Section 85 . 71.76 (2) of the statutes is created to read:
SB2-SSA1,40,2315 71.76 (2) In the case of any partnership adjustments, as defined under section
166241 of the Internal Revenue Code and including adjustments under section 6225
17of the Internal Revenue Code, the partnership and its partners shall report such
18changes or corrections to the department within 180 days after the final
19determination by the internal revenue service and shall concede the accuracy of such
20determination or state how the determination is erroneous. The partnership and its
21partners shall submit amended returns, as applicable, for each reviewed year, as
22defined under section 6225 of the Internal Revenue Code, to which such partnership
23adjustments relate.
SB2-SSA1,86 24Section 86. 71.77 (7) (b) of the statutes is amended to read:
SB2-SSA1,41,7
171.77 (7) (b) If notice of assessment or refund is given to the taxpayer within
290 180 days of the date on which the department receives a report from the taxpayer
3under s. 71.76 or within such other period specified in a written agreement entered
4into prior to the expiration of such 90 180 days by the taxpayer and the department.
5If the taxpayer does not report to the department as required under s. 71.76, the
6department may make an assessment against the taxpayer or refund to the taxpayer
7within 4 years after discovery by the department.
SB2-SSA1,87 8Section 87 . 71.83 (1) (a) 6. of the statutes is amended to read:
SB2-SSA1,41,149 71.83 (1) (a) 6. `Retirement plans.' Any natural person who is liable for a
10penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973,
114974, 4975, or 4980A of the Internal Revenue Code is liable for 33 percent of the
12federal penalty unless the income received is exempt from taxation under s. 71.05
13(1) (a) or (ae) (6) (b) 54. The penalties provided under this subdivision shall be
14assessed, levied, and collected in the same manner as income or franchise taxes.
SB2-SSA1,88 15Section 88. 73.0305 of the statutes is amended to read:
SB2-SSA1,41,22 1673.0305 Revenue limits calculations. The department of revenue shall
17annually determine and certify to the state superintendent of public instruction, no
18later than the 4th Monday in June
at the superintendent's request, the allowable
19rate of increase under subch. VII of ch. 121. The allowable rate of increase is the
20percentage change, if not negative, in the consumer price index for all urban
21consumers, U.S. city average, between the preceding March 31 and the 2nd
22preceding March 31, as computed by the federal department of labor.
SB2-SSA1,89 23Section 89. 73.09 (4) (c) of the statutes is amended to read:
SB2-SSA1,42,524 73.09 (4) (c) Recertification is contingent upon submission of an application for
25renewal, at least 60 days before the expiration date of the current certificate,

1attesting to the completion of the requirements specified in par. (b). Persons
2applying for renewal on the basis of attendance at the meetings called by the
3department under s. 73.06 (1) and by meeting continuing education requirements
4shall submit a $20 recertification fee, in an amount determined by the department
5not to exceed $75,
with their applications.
SB2-SSA1,90 6Section 90. 73.09 (5) of the statutes is amended to read:
SB2-SSA1,42,177 73.09 (5) Examinations. As provided in subs. (1) and (2), the department of
8revenue shall prepare and administer examinations for each level of certification.
9A person applying for an examination under this subsection shall submit a $20 an
10examination fee with the person's application. If the department administers and
11grades the examinations, the fee shall be the amount equal to the department's best
12estimate of the actual cost to administer and grade the examinations, but no greater
13than $75. If a test service provider administers and grades the examinations, the fee
14shall be the amount equal to the department's best estimate of the provider's actual
15cost to administer and grade the examinations, but no greater than $75.
The
16department of revenue shall grant certification to each person who passes the
17examination for that level.
SB2-SSA1,91 18Section 91 . 74.315 (1) of the statutes is amended to read:
SB2-SSA1,42,2319 74.315 (1) Submission. No later than October 1 of each year, the taxation
20district clerk shall submit to the department of revenue, on a form prescribed by the
21department, a listing of all the omitted taxes under s. 70.44 to be included on the
22taxation district's next tax roll, if the total of all such omitted taxes exceeds $5,000
23for any single description of property are $250 or more.
SB2-SSA1,92 24Section 92 . 74.315 (1m) of the statutes is created to read:
SB2-SSA1,43,6
174.315 (1m) Amount collected from property in a tax incremental district.
2A tax may not be included on a form submitted under sub. (1) if the tax was levied
3on a property within a tax incremental district, as defined in s. 60.85 (1) (n) or 66.1105
4(2) (k), unless the current value of the tax incremental district is lower than the tax
5incremental base, as defined in s. 60.85 (1) (m) or 66.1105 (2) (j), in the assessment
6year for which the tax was collected.
SB2-SSA1,93 7Section 93 . 74.315 (2) of the statutes is amended to read:
SB2-SSA1,43,168 74.315 (2) Equalized valuation Amount determined. After receiving the form
9under sub. (1), but no later than November 15, the department of revenue shall
10determine the amount of any change in the taxation district's equalized valuation
11that results from considering the valuation represented by the taxes described under
12sub. (1)
taxes to be shared with each taxing jurisdiction for which the taxation district
13collected taxes and determine the amount of taxes collected under s. 70.44 to be
14shared with each taxing jurisdiction for which the taxation district collected taxes
.
15The department's determination under this subsection is subject to review only
16under s. 227.53.
SB2-SSA1,94 17Section 94 . 74.315 (3) of the statutes is amended to read:
SB2-SSA1,43,2318 74.315 (3) Notice and distribution. If the department of revenue determines
19under sub. (2) that the taxation district's equalized valuation changed as a result of
20considering the valuation represented by the taxes described under sub. (1), the
The
21department shall notify the taxation district and the taxation district shall distribute
22the resulting collections under ss. 74.23 (1) (a) 5., 74.25 (1) (a) 4m., and 74.30 (1) (dm)
23resulting from the determinations made under sub. (2).
SB2-SSA1,95 24Section 95. 76.04 (1) of the statutes is amended to read:
SB2-SSA1,44,5
176.04 (1) Every company defined in s. 76.02 shall, annually, file a true and
2accurate statement in such manner and form and setting forth such facts as the
3department shall deem necessary to enforce ss. 76.01 to 76.26. The annual reports
4for railroad companies shall be filed on or before April 15 and for conservation and
5regulation companies, air carriers and pipeline companies
on or before May 1.
SB2-SSA1,96 6Section 96. 76.07 (1) of the statutes is amended to read:
SB2-SSA1,44,127 76.07 (1) Duty of department. The department on or before August 1
8September 15 in each year in the case of railroad companies, and on or before
9September 15 in the case of air carrier companies, conservation and regulation
10companies and pipeline companies,
shall, according to its best knowledge and
11judgment, ascertain and determine the full market value of the property of each
12company within the state.
SB2-SSA1,97 13Section 97. 76.075 of the statutes is amended to read:
SB2-SSA1,45,3 1476.075 Adjustments of assessments. Within 4 years after the due date, or
15extended due date, of the report under s. 76.04, any person subject to taxation under
16this subchapter may request the department to make, or the department may make,
17an adjustment to the data under s. 76.07 (4g) or (4r) submitted by the person. If an
18adjustment under this section results in an increase in the tax due under this
19subchapter, the person shall pay the amount of the tax increase plus interest on that
20amount at the rate of 1 percent per month from the due date or extended due date
21of the report under s. 76.04 until the date of final determination and interest at the
22rate of 1.5 percent per month from the date of final determination until the date of
23payment. If an adjustment under this section results in a decrease in the tax due
24under this subchapter, the department shall refund the appropriate amount plus
25interest at the rate of 0.75 0.25 percent per month from the due date or extended due

1date under s. 76.04 until the date of refund. Sections 71.74 (1) and (2) and 71.75 (6)
2and (7), as they apply to income and franchise tax adjustments, apply to adjustments
3under this section. Review of the adjustments is as stated in s. 76.08.
SB2-SSA1,98 4Section 98. 76.13 (1) of the statutes is amended to read:
SB2-SSA1,45,145 76.13 (1) The department shall compute and levy a tax upon the property of
6each company defined in s. 76.02, as assessed in the manner specified in ss. 76.07 and
776.08, at the average net rate of taxation determined under s. 76.126. The amount
8of tax to be paid by each such company shall be extended upon a tax roll opposite the
9description of the property of the respective companies. The tax rolls for all
10companies required to be assessed on or before August 1 in each year under s. 76.07
11(1) shall be completed on or before August 10, and for all companies required to be
12assessed on or before
September 15 in each year under s. 76.07 (1) shall be completed
13on or before October 1; and the department shall thereupon attach to each such roll
14a certificate signed by the secretary of revenue, which shall be as follows:
SB2-SSA1,45,22 15“I hereby certify that the foregoing tax roll includes the property of all railroad
16companies, air carrier companies, conservation and regulation companies or
17pipeline companies, as the case may be, defined in s. 76.02, liable to taxation in this
18state; that the valuation of the property of each company as set down in said tax roll
19is the full market value thereof as assessed by the department of revenue, except as
20changed by court judgment, and that the taxes thereon charged in said tax roll have
21been assessed and levied at the average net rate of taxation in this state, as required
22by law".
SB2-SSA1,99 23Section 99. 76.13 (3) of the statutes is amended to read:
SB2-SSA1,46,1024 76.13 (3) If the Dane County circuit court, after such roll is delivered to the
25secretary of administration, increases or decreases the assessment of any company,

1the department shall immediately redetermine the tax of the company on the basis
2of the revised assessment, and shall certify and deliver the revised assessment to the
3secretary of administration as a revision of the tax roll. If the amount of tax upon
4the assessment as determined by the court is less than the amount paid by the
5company, the secretary of administration shall refund the excess to the company with
6interest at the rate of 9 3 percent per year. If the amount of the tax upon the
7assessment as determined by the court is in excess of the amount of the tax as
8determined by the department, interest shall be paid on the additional amount at the
9rate of 12 percent per year from the date of entry of judgment to the date the
10judgment becomes final, and at 1.5 percent per month thereafter until paid.
SB2-SSA1,100 11Section 100. 76.28 (4) (b) of the statutes is amended to read:
SB2-SSA1,46,2012 76.28 (4) (b) In the case of overpayments of license fees by any light, heat and
13power company under par. (a), the department shall certify the overpayments to the
14department of administration, which shall audit the amount of the overpayments
15and the secretary of administration shall pay the amounts determined by means of
16the audit. All refunds of license fees under this subsection shall bear interest at the
17annual rate of 9 3 percent from the date of the original payment to the date when
18the refund is made. The time for making additional levies of license fees or claims
19for refunds of excess license fees paid, in respect to any year, shall be limited to 4
20years after the time the report for such year was filed.
SB2-SSA1,101 21Section 101. 76.28 (11) of the statutes is amended to read:
SB2-SSA1,47,322 76.28 (11) Payment before contesting. No action or proceeding, except a
23petition for redetermination under sub. (4), may be brought by a light, heat or power
24company against this state to contest any assessment of a tax under this section
25unless the taxpayer first pays to this state the amount of tax assessed. If the

1taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer,
2including payment of interest at 9 3 percent per year on the amount of the money
3paid from the date of payment until the date of judgment.
SB2-SSA1,102 4Section 102. 76.39 (4) (d) of the statutes is amended to read:
SB2-SSA1,47,105 76.39 (4) (d) All refunds shall be certified by the department to the department
6of administration which shall audit the amount of the refunds and the secretary of
7administration shall pay the amount, together with interest at the rate of 9 3 percent
8per year from the date payment was made. All additional taxes shall bear interest
9at the rate of 12 percent per year from the time they should have been paid to the date
10upon which the additional taxes shall become delinquent if unpaid.
SB2-SSA1,103 11Section 103. 76.48 (5) of the statutes is amended to read:
SB2-SSA1,47,2212 76.48 (5) Additional assessments may be made, if notice of such assessment is
13given, within 4 years of the date the annual return was filed, but if no return was
14filed, or if the return filed was incorrect and was filed with intent to defeat or evade
15the tax, an additional assessment may be made at any time upon the discovery of
16gross revenues by the department. Refunds may be made if a claim for the refund
17is filed in writing with the department within 4 years of the date the annual return
18was filed. Refunds shall bear interest at the rate of 9 3 percent per year and shall
19be certified by the department to the secretary of administration who shall audit the
20amounts of such overpayments and pay the amount audited. Additional
21assessments shall bear interest at the rate of 12 percent per year from the time they
22should have been paid to the date upon which they shall become delinquent if unpaid.
SB2-SSA1,104 23Section 104. 77.51 (13gm) (a) (intro.) of the statutes is renumbered 77.51
24(13gm) (a) and amended to read:
SB2-SSA1,48,5
177.51 (13gm) (a) “Retailer engaged in business in this state” does not include
2a retailer who has no activities as described in sub. (13g), except for activities
3described in sub. (13g) (c), unless the retailer meets either of the following criteria
4retailer's annual gross sales into this state exceed $100,000 in the previous year or
5current calendar year:.
SB2-SSA1,105 6Section 105. 77.51 (13gm) (a) 1. and 2. of the statutes are repealed.
SB2-SSA1,106 7Section 106. 77.51 (13gm) (b) of the statutes is amended to read:
SB2-SSA1,48,138 77.51 (13gm) (b) If an out-of-state retailer's annual gross sales into this state
9exceed $100,000 in the previous calendar year or the retailer's annual number of
10separate sales transactions into this state is 200 or more in the previous year
, the
11retailer shall register with the department and collect the taxes administered under
12s. 77.52 or 77.53 on sales sourced to this state under s. 77.522 for the entire current
13calendar year.
SB2-SSA1,107 14Section 107. 77.51 (13gm) (c) of the statutes is amended to read:
SB2-SSA1,48,2315 77.51 (13gm) (c) If an out-of-state retailer's annual gross sales into this state
16are $100,000 or less in the previous calendar year and the retailer's annual number
17of separate sales transactions into this state is less than 200 in the previous year
, the
18retailer is not required to register with the department and collect the taxes
19administered under s. 77.52 or 77.53 on sales sourced to this state under s. 77.522
20until the retailer's gross sales or transactions meet the criteria in par. (a) 1. or 2.
21exceed $100,000 for the current calendar year, at which time the retailer shall
22register with the department and collect the tax for the remainder of the current
23calendar year.
SB2-SSA1,108 24Section 108. 77.51 (13gm) (d) 1. of the statutes is repealed.
SB2-SSA1,109 25Section 109. 77.51 (13gm) (d) 2. of the statutes is amended to read:
SB2-SSA1,49,2
177.51 (13gm) (d) 2. The annual amounts described in this subsection include
2“Gross sales” includes both taxable and nontaxable sales.
SB2-SSA1,110 3Section 110. 77.51 (13gm) (d) 3. and 4. of the statutes are repealed.
SB2-SSA1,111 4Section 111. 77.51 (13gm) (d) 5. of the statutes is amended to read:
SB2-SSA1,49,75 77.51 (13gm) (d) 5. An out-of-state retailer's annual amounts gross sales
6include all sales into this state by the retailer on behalf of other persons and all sales
7into this state by another person on the retailer's behalf.
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