LRB-4774/1
JK:kmg:kjf
1999 - 2000 LEGISLATURE
March 20, 2000 - Introduced by Representative M. Lehman, cosponsored by
Senator Decker. Referred to Committee on Ways and Means.
AB894,1,4
1An Act to renumber and amend 79.10 (10) (bm);
to amend 79.10 (10) (bn); and
2to create 20.835 (3) (s) and 79.10 (10) (bm) 2. of the statutes;
relating to:
3applying for the lottery and gaming property tax credit and making an
4appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a property owner may claim the lottery and gaming
property tax credit against the property taxes on the owner's property, if the owner
uses the property as the owner's principal dwelling. If a person is eligible to receive
the credit but the person's property tax bill does not reflect the credit, the person may
apply for the credit by January 31 following the issuance of the person's property tax
bill. The person must apply to the treasurer of the taxation district in which the
property is located. Under current law, the state reimburses, from the lottery fund,
each municipality that grants the lottery and gaming property tax credit to eligible
property owners.
Under this bill, if a person is eligible to receive the credit but the person's
property tax bill does not reflect the credit, the person may apply for the credit by
October 1 following the issuance of the person's property tax bill. If the person
applies for the credit by January 31, the application must be sent to the treasurer
of the taxation district in which the property is located. If the person applies after
January 31 but no later than October 1, the application must be sent to the
department of revenue (DOR). DOR then issues a check to the person for the amount
of the credit and notifies the treasurer of the county or the taxation district in which
the property is located that DOR paid the credit.
Under current law, a person who purchases or is granted property after
January 1 of the year in which property taxes are levied may also apply for and
receive the lottery and gaming property tax credit, if the former property owner used
the property as the former owner's principal dwelling. If the person applies for the
credit by January 31, the application must be sent to the treasurer of the taxation
district in which the property is located. If the person applies after January 31 but
no later than October 1, the application must be sent to DOR. DOR then issues a
check to the person for the amount of the credit and notifies the treasurer of the
county or the taxation district in which the property is located that DOR paid the
credit.
For further information see the state and local 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:
AB894, s. 1
1Section
1. 20.835 (3) (s) of the statutes is created to read:
AB894,2,42
20.835
(3) (s)
Lottery and gaming credit; late applications. From the lottery
3fund, a sum sufficient to make payments for the lottery and gaming credit under s.
479.10 (10) (bm) and (bn).
AB894,3,37
79.10
(10) (bm) 1. A person who is eligible for a credit under sub. (9) (bm) but
8whose property tax bill does not reflect the credit may claim the credit by applying
9to the treasurer of the taxation district in which the property is located for the credit
10under par. (a) by January 31 following the issuance of the person's property tax bill.
11The treasurer
of the taxation district in which the property is located shall compute
12the amount of the credit; subtract the amount of the credit from the person's property
13tax bill; notify the person of the reduced amount of the property taxes due; issue a
14refund to the person if the person has paid the property taxes in full; and enter the
1person's property on the next tax roll as property that qualifies for a lottery and
2gaming credit. Claims made under this
paragraph
subdivision become invalid when
3claims made under par. (a) become invalid.
AB894, s. 3
4Section
3. 79.10 (10) (bm) 2. of the statutes is created to read:
AB894,3,155
79.10
(10) (bm) 2. A person who may apply for a credit under subd. 1. but who
6does not timely apply for the credit under subd. 1. may apply to the department of
7revenue no later than October 1 following the issuance of the person's property tax
8bill. Subject to review by the department, the department shall compute the amount
9of the credit; issue a check to the person in the amount of the credit; and notify the
10treasurer of the county in which the person's property is located or the treasurer of
11the taxation district in which the person's property is located, if the taxation district
12collects taxes under s. 74.87. The treasurer shall enter the person's property on the
13next tax roll as property that qualifies for a lottery and gaming credit. Claims made
14under this subdivision become invalid when claims made under par. (a) become
15invalid.
AB894,4,418
79.10
(10) (bn) If a person who owns and uses property as specified under sub.
19(1) (dm) as of the certification date under par. (a)
, transfers the property after the
20certification date, the transferee may apply
to the treasurer of the taxation district
21in which the property is located for the credit under sub. (9) (bm) on a form prescribed
22by the department of revenue
no later than January 31 following the issuance of the
23person's property tax bill. The transferee shall attest that, to the transferee's
24knowledge, the transferor used the property in the manner specified under sub. (1)
25(dm) as of the certification date under par. (a).
Claims made after January 31, but
1no later than October 1 following the issuance of the person's property tax bill, shall
2be made to the department. Paragraph (bm), as it applies to claims made under that
3paragraph, applies to claims made under this paragraph, except that a claim that is
4made under this paragraph is valid for the year in which the property is transferred.
AB894,4,66
(1) This act first applies to the property tax assessments as of January 1, 1999.
