SB617: Bill Text

SB617,24 Section 24. 73.09 (4) (c) of the statutes is amended to read:

SB617,13,7 73.09 (4) (c) Recertification is contingent upon submission of an application for renewal, at least 60 days before the expiration date of the current certificate, attesting to the completion of the requirements specified in par. (b). Persons A person applying for renewal on the basis of attendance at the meetings called by the department of revenue under s. 73.06 (1) and by meeting continuing education requirements shall submit a $20 recertification fee determined by the department of revenue with their applications the person's application.

SB617,25 Section 25. 73.09 (5) of the statutes is amended to read:

SB617,13,16 73.09 (5) Examinations. As provided in subs. (1) and (2), the department of revenue, assisted by the bureau of merit recruitment and selection in the department of administration, shall prepare and administer examinations for each level of certification. Persons A person applying for an examination under this subsection shall submit a $20 an examination fee determined by the department of revenue with their the person's application. Certification The department of revenue shall be granted grant certification to each person who passes the examination for that level.

SB617,26 Section 26. 73.09 (6) of the statutes is amended to read:

SB617,13,24 73.09 (6) Temporary certification. As provided in subs. (1) and (2), the department of revenue shall promulgate rules for the temporary certification of the first level of certification and designate the functions that may be performed by such persons. An those persons may perform. The department of revenue may grant an individual may be granted one a temporary certification, that is valid until the results of the next certification examination are issued, but not for more than 100 90 days.

SB617,27 Section 27. 73.13 (2) (c) of the statutes is amended to read:

SB617,14,21 73.13 (2) (c) If within 3 years from either the date of the order under par. (b) or the date of the final payment according to a payment schedule as determined under par. (b), whichever is later, the department of revenue ascertains that the taxpayer has an income or owns property sufficient to enable the taxpayer to pay the unpaid portion of the principal amount of the taxes due, including the costs, penalties, and interest recorded under par. (b), the department shall reopen the order under par. (b) and order the taxpayer to pay in full the unpaid portion of the principal amount of the taxes due, including the costs, penalties, and interest recorded under par. (b). Before the entry of the order for payment, the department of revenue shall send a written notice to the taxpayer, by certified mail, advising the taxpayer of the department's intention to reopen the order under par. (b) and fixing a time and place for the appearance of the taxpayer, if the taxpayer desires a hearing. If the department of revenue determines that the taxpayer is able to pay the unpaid portion of the principal amount of the taxes due, including the costs, penalties, and interest recorded under par. (b), the department shall enter the order for payment in full. The unpaid portion of the principal amount of the taxes due, including the costs, penalties, and interest recorded under par. (b), shall be are due and payable immediately upon entry of the order for payment in full and shall thereafter be are subject to the interest under s. 71.82 (2), as that subsection applies to delinquent income and franchise taxes under s. 71.82, and to the delinquent account fee under s. 73.03 (33m).

SB617,28 Section 28. 77.51 (11d) of the statutes is amended to read:

SB617,15,2 77.51 (11d) For purposes of subs. (1ag), (1f), (3pf), and (9p) and ss. 77.52 (20) and (21), 77.522, and 77.54 (51), (52), and (60), and 77.59 (5r), “product" includes tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), and services.

SB617,29 Section 29. 77.52 (11) of the statutes is amended to read:

SB617,15,25 77.52 (11) If any person fails to comply with any provision of this subchapter relating to the sales tax or any rule of the department relating to the sales tax adopted under this subchapter, is delinquent in respect to any tax imposed by the department or fails timely to file any return or report in respect to any tax under ch. 71, 72, 76, 77, 78, or 139 after having been requested to file that return or report, the department upon hearing, after giving the person 10 days' notice in writing specifying the time and place of hearing and requiring the person to show cause why the permit should not be revoked or suspended, may revoke or suspend any one or more of the permits held by the person. The department shall give to the person written notice of the suspension or revocation of any of the permits. The notices required in this subsection may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination as provided in s. 73.03 (73). If the department suspends or revokes a permanent permit under this subsection, it the department may grant a temporary permit that is valid for one month and may then grant additional temporary permits if the person pays all amounts owed under this chapter for the month for which the previous temporary permit was issued. Persons who receive A person that receives a temporary permit waive waives the notice requirement under s. 77.61 (2). The department shall may not issue a new permanent permit after the revocation of a permit unless it the department is satisfied that the former holder of the permit will comply with the provisions of this subchapter, the rules of the department relating to the sales tax, and the provisions relating to other taxes administered by the department.

SB617,30 Section 30. 77.52 (18) (bm) of the statutes is amended to read:

SB617,16,16 77.52 (18) (bm) If the purchaser of a stock of goods fails to withhold from the purchase price as required, the purchaser becomes personally liable for the payment of the amount required to be withheld by the purchaser to the extent of the purchase price valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owner's records are made available for audit, whichever period expires later, but in any event not later than 90 days after receiving the request, the department shall either issue the certificate or mail send notice to the purchaser at the purchaser's address as it appears on the records of the department of the amount that must be paid as a condition of issuing the certificate. Failure of the department to mail send the notice will release releases the purchaser from any further obligation to withhold the purchase price as above provided. The obligation of the successor may be enforced within 4 years of the time the retailer sells out the retailer's business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs later.

SB617,31 Section 31. 77.59 (3) of the statutes is amended to read:

SB617,17,7 77.59 (3) No The department may not make a determination of the tax liability of a person may be made unless the department gives written notice of the determination is given to the person within 4 years after the due date of the person's Wisconsin income or franchise tax return that corresponds to the date the sale or purchase was completed or, if exempt, within 4 years of the 15th day of the 4th month of the year following the close of the calendar or fiscal year that corresponds to the date the sale or purchase was completed; within 4 years of the dissolution of a corporation; or within 4 years of the date any sales and use tax return required to be filed for any period in that year was filed, whichever is later. The notice required under this paragraph subsection shall specify whether the determination is an office audit determination or a field audit determination, and it the notice shall be in writing. If the department is unable to obtain service by mail as provided in s. 73.03 (73), publication of it the notice as a class 3 notice, under ch. 985, shall be is considered service of notice in any case where notice is required under this subchapter.

SB617,32 Section 32. 77.59 (5r) of the statutes is created to read:

SB617,17,17 77.59 (5r) A seller that continues to collect tax erroneously on a product after receiving 2 or more written notices from the department indicating that the product is not taxable is entitled to an adjustment or refund of the tax collected only if the seller returns the tax and related interest to the buyers from whom the seller collected the tax. The seller shall submit the tax and related interest to the buyers, or to the department if the seller can not locate the buyers, no later than 90 days after the date of the adjustment or refund. If the seller does not submit the tax and related interest to the buyers or to the department by the end of the 90-day period, the seller is subject to the penalties described in sub. (5m).

SB617,33 Section 33. 77.59 (7) of the statutes is amended to read:

SB617,18,8 77.59 (7) If the department believes that the collection of any tax imposed by this subchapter will be jeopardized by delay, it the department shall notify the person determined to owe the tax of its the department's intention to proceed under s. 71.91 (5) for collection of the amount determined to be owing, including penalties and interest. Such The department shall serve the notice shall be by certified or registered mail or by personal service as provided in s. 73.03 (73), and the warrant of the department shall not issue if the person, within 10 days after such notice, furnishes a bond in such amount not exceeding double the amount determined to be owing and with such sureties as the department approves, conditioned upon the payment of so much of the taxes, interest, and penalties as shall finally be determined to be due. Nothing in this subsection shall affect affects the review of determinations of tax as provided in this subchapter, and any amounts collected under this subsection shall be deposited with the department and disbursed after final determination of the taxes as are amounts deposited under ss. 71.89 (1) and 71.90 (2).

SB617,34 Section 34. 77.9961 (3) of the statutes is amended to read:

SB617,18,12 77.9961 (3) The department shall mail send to each dry cleaning facility of which it the department is aware a form on which to apply for a license under this section.

SB617,35 Section 35. 78.65 (1) of the statutes is amended to read:

SB617,19,9 78.65 (1) If a general aviation fuel licensee or licensee under s. 78.09 or 78.47 violates any provision of this chapter and the department deems good cause exists for suspension or revocation by reason of such violation, it the department may suspend such person's license, or, after a hearing of the charges is held, it may revoke such license. No The department may not suspend a license may be suspended unless the department has notified the holder of the license has been notified of a hearing to be held on the charges, and no the department may not revoke a license may be revoked until after the department has notified the holder of the license has been notified of a hearing and has been afforded the holder an opportunity to appear and testify. The department shall notify the licensee in writing of the time and place a hearing of the charges shall be held. The notice shall contain a statement of the alleged violation, and shall be served upon the licensee at least 10 days prior to the hearing, either by personal delivery to the licensee, or by mailing by registered mail to the address of the licensee as shown in the application. At the time and place fixed in the notice, the department shall proceed to a hearing of the charges , and shall afford the licensee shall be afforded an opportunity to present in person or by counsel statements, testimony, evidence, and argument pertinent to the charges or to any defense thereto. The department may continue the hearing from time to time but not more than 60 days. After the hearing, the department shall rescind the order of suspension, if any, and for good cause shown shall either suspend the license for a period of time or revoke the license.

SB617,36 Section 36. 139.096 of the statutes is amended to read:

SB617,19,22 139.096 Failure to file. If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after mailing the department sends the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its the department's own knowledge and from the information that it the department obtains and on that basis shall assess a tax, which that the taxpayer shall be paid pay within 10 days after the department has mailed sends to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to file a return.

SB617,37 Section 37. 139.77 (3) of the statutes is amended to read:

SB617,20,8 139.77 (3) If, within 60 days after the mailing of the department sends notice of the proposed assessment, the taxpayer files a protest to the proposed assessment and requests a hearing on it, the department shall give notice to the taxpayer of the time and place fixed for the hearing, shall hold a hearing on the protest, and shall issue a final assessment to the taxpayer for the amount found to be due as a result of the hearing. If the taxpayer does not file a protest is not filed within 60 days, the department shall issue a final assessment to the taxpayer. In any action or proceeding in respect to the proposed assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any final assessment made by the department.

SB617,38 Section 38. 139.77 (4) of the statutes is amended to read:

SB617,20,21 139.77 (4) If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing of it department sends the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its the department's own knowledge and from the information that it the department obtains and on that basis shall assess a tax, which that the taxpayer shall be paid pay within 10 days after the department has mailed sends to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have has the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make a return.

SB617,39 Section 39. 177.24 (2) of the statutes is amended to read:

SB617,21,7 177.24 (2) The administrator shall consider each claim within 90 days after it is filed and may refer any claim to the attorney general for an opinion. For each claim referred, the attorney general shall advise the administrator either to allow it or to deny it in whole or in part. The administrator shall give written notice to the claimant if the claim is denied in whole or in part. The notice shall be given by mailing it sent to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice shall be mailed sent to the last address, if any, stated in the claim as the address of the claimant. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.

SB617,40 Section 40. 812.04 (2) of the statutes is amended to read:

SB617,21,9 812.04 (2) The garnishee summons shall be substantially in the following form:

SB617,21,10 STATE OF WISCONSIN

SB617,21,11 .... COURT

SB617,21,12 .... COUNTY

SB617,21,13 A. B., Plaintiff

SB617,21,14 vs.

SB617,21,15 C. D., Defendant

SB617,21,16 and

SB617,21,17 E. F., Garnishee

SB617,21,18 The State of Wisconsin, to the garnishee:

SB617,21,22 You are hereby summoned, as garnishee of the defendant, C. D., and required, within 20 days after the service of this summons and the annexed complaint upon you, exclusive of the day of service, to answer, whether you are indebted to or have in your possession or under your control any property belonging to the defendant.

SB617,22,15 IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF'S CLAIM AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION 812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU FOR THE PLAINTIFF'S DISBURSEMENTS MAY NOT EXCEED $40, EXCEPT THAT IF THE PLAINTIFF IS THE STATE OR A POLITICAL SUBDIVISION OF THE STATE YOU SHALL RETAIN AS DISBURSEMENTS TO THE PLAINTIFF THE FULL AMOUNT OF NECESSARY DISBURSEMENTS AND FEES REQUESTED BY THE PLAINTIFF AS ALLOWED UNDER SECTION 814.04 (2) OF THE WISCONSIN STATUTES.

SB617,22,20 You are further required to serve a copy of your answer to the garnishee complaint on the undersigned attorney and to file your original answer with the clerk of this court, within the 20-day period. In case of your failure to answer, judgment will be entered against you for the amount of plaintiff's judgment against the defendant and costs, of which the defendant will also take notice.

SB617,22,25 If the property which is the subject of this garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, you must pay over to the principal defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin Statutes.

SB617,23,1 Dated this .... day of ...., .... (year)

SB617,23,2 Clerk of .... Court

SB617,23,3 (Seal)

SB617,23,4 Attorney for Plaintiff:

SB617,23,5 ....

SB617,23,6 P. O. Address

SB617,23,7 ....

SB617,23,8 ....

SB617,41 Section 41. 812.05 (1) of the statutes is amended to read:

SB617,23,20 812.05 (1) The garnishee complaint in a garnishment action before judgment must allege the existence of one of the grounds for garnishment mentioned in s. 812.02 (1) (a), the amount of the plaintiff's claim against the defendant and disbursements, not to exceed $40, above all offsets , known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control, other than earnings, as defined under s. 812.30 (7), belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

SB617,42 Section 42. 812.05 (2) of the statutes is amended to read:

SB617,24,8 812.05 (2) The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in s. 812.02 (1) (b), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff's claim against the defendant and disbursements , not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

SB617,43 Section 43. 812.13 (1) of the statutes is amended to read:

SB617,24,20 812.13 (1) If the answer shows a debt due to the defendant, the garnishee may pay the debt or an amount sufficient to cover the plaintiff's claim, as stated in the garnishee complaint and disbursements, not to exceed $40, to the clerk of the court. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2). If, prior to so doing paying the debt or an amount sufficient to cover the plaintiff's claim, the plaintiff in writing requests the garnishee to pay the sum to the clerk, the garnishee shall, within 5 days after receipt of the request, pay the sum to the clerk. The clerk shall give a receipt for payment to the garnishee. The payment shall discharge the garnishee of all liability for the amount paid.

SB617,44 Section 44. 812.39 (1) of the statutes is amended to read:

SB617,25,2 812.39 (1) Between 5 and 10 business days after the payday of each pay period in which the debtor's earnings are subject to the earnings garnishment, the garnishee shall pay the creditor that portion of the debtor's nonexempt disposable earnings to which the creditor is entitled, minus the fee under s. 812.33 (2). The creditor shall apply the actual amount received from the garnishee to the unsatisfied civil judgment.

SB617,45 Section 45. Initial applicability.

SB617,25,6 (1) Temporary certification of property assessors. The treatment of section 73.09 (6) of the statutes first applies to a temporary certification granted on the effective date of this subsection.

SB617,25,10 (2) Continued collection of sales tax after notice. The treatment of section 77.59 (5r) of the statutes first applies to a seller that receives an adjustment or a refund described in section 77.59 (5r) of the statutes on the effective date of this subsection.

SB617,25,15 (3) Disbursements in a garnishment other than an earnings garnishment. The treatment of sections 812.04 (2), 812.05 (1) and (2), and 812.13 (1) of the statutes first applies to fees and disbursements incurred by a plaintiff in a garnishment action commenced under subchapter I of chapter 812 of the statutes on the effective date of this subsection.

SB617,25,18 (4) Garnishee fees in an earnings garnishment. The treatment of section 812.39 (1) of the statutes first applies to a garnishee who makes a payment to a creditor on the effective date of this subsection.

SB617,25,19 (End)