LRB-4440/1
MES:skg:jlb
1995 - 1996 LEGISLATURE
February 7, 1996 - Introduced by Senator Breske, cosponsored by Representatives
Ourada, Ryba and Hasenohrl. Referred to Committee on State Government
Operations and Corrections.
SB530,1,3
1An Act to amend 71.03 (6m), 71.07 (3m) (b) 2. a., 71.07 (6) (b), 71.53 (2) (a), 71.59
2(2) (a), 71.75 (2) and 71.77 (7) (intro.); and
to create 71.75 (2m) of the statutes;
3relating to: the deadline for filing an amended income tax return.
Analysis by the Legislative Reference Bureau
Under current law, in most cases, the statute of limitations during which a
taxpayer may file an amended income or franchise tax return is within 4 years of the
unextended date by which the return was due.
Under this bill, an individual may file an amended income tax return within 10
years of the unextended date by which the return was due. This bill also makes it
explicit that the statute of limitations during which an amended return may be filed
for a tax refund also applies to claims filed for the homestead, farmland tax relief and
farmland preservation tax credits and corrects a cross-reference in the income tax
and franchise tax statute of limitations.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB530, s. 1
4Section
1. 71.03 (6m) of the statutes is amended to read:
SB530,2,25
71.03
(6m) Time to file claims; no return required. A claim for a credit under
6s. 71.07 (3m) or subch. VIII or IX that is filed by a natural person who is not required
7to file a report under sub. (2) (a) shall be filed on a calendar year basis in conformity
1with the filing requirements in subs. (6) and (7)
and is subject to the time period
2specified in s. 71.75 (2m).
SB530, s. 2
3Section
2. 71.07 (3m) (b) 2. a. of the statutes is amended to read:
SB530,2,64
71.07
(3m) (b) 2. a. Unless a claim is filed with the department in conformity
5with the filing requirements in s. 71.03 (6) and (7)
, except that an amended return
6is subject to the time period specified in s. 71.75 (2).
SB530, s. 3
7Section
3. 71.07 (6) (b) of the statutes is amended to read:
SB530,2,118
71.07
(6) (b) A claimant who has filed a timely claim under par. (a) may file an
9amended claim with the department of revenue within
4 years of the last day
10prescribed by law for filing the original claim the time period specified in s. 71.75
11(2m).
SB530, s. 4
12Section
4. 71.53 (2) (a) of the statutes is amended to read:
SB530,2,1513
71.53
(2) (a) Such claim is not filed with the department of revenue in
14conformity with the filing requirements in s. 71.03 (6) and (7)
, except that an
15amended return is subject to the time period specified in s. 71.75 (2).
SB530, s. 5
16Section
5. 71.59 (2) (a) of the statutes is amended to read:
SB530,2,2217
71.59
(2) (a) Unless a claim is filed with the department in conformity with the
18filing requirements in s. 71.03 (6) and (7) for a claimant filing under subch. I, in
19conformity with the filing requirements in s. 71.24 (1), (1m) and (7) for a claimant
20filing under subch. IV and in conformity with the filing requirements in s. 71.44 (1),
21(1m) and (3) for a claimant filing under subch. VII
, except that an amended return
22is subject to the time period specified in s. 71.75 (2).
SB530, s. 6
23Section
6. 71.75 (2) of the statutes is amended to read:
SB530,3,424
71.75
(2) With respect to income taxes
and
, franchise taxes
and claims for
25credits, except as otherwise provided in subs.
(2m), (5) and (9) and ss. 71.30 (4) and
171.77 (5) and (7) (b), refunds
and claims for credits may be made if the claim therefor
2is filed within 4 years of the unextended date under
this section s. 71.03 (6) (a), 71.07
3(3m) (b) 2. a., 71.24 (1), 71.44 (1), 71.53 (2) (a) or 71.59 (2) (a) on which the tax return
4or claim for credit was due.
SB530, s. 7
5Section
7. 71.75 (2m) of the statutes is created to read:
SB530,3,106
71.75
(2m) Notwithstanding the limitations in subs. (2) and (5), with respect
7to income taxes and claims for credits, refunds and claims for credits filed by
8individuals may be made if the claim therefor is filed within 10 years of the
9unextended date under s. 71.03 (6) (a), 71.07 (3m) (b) 2. a., 71.53 (2) (a) or 71.59 (2)
10(a) on which the tax return or claim for credit was due.
SB530, s. 8
11Section
8. 71.77 (7) (intro.) of the statutes is amended to read:
SB530,3,1312
71.77
(7) (intro.) Notwithstanding any
other limitations
other than s. 71.75
13(2m) expressed in this chapter, an assessment or refund may be made:
SB530,3,16
15(1) This act first applies to claims filed in taxable years beginning on January
161, 1996.
