73.03 History
History: 1971 c. 40,
215;
1973 c. 90;
1975 c. 39;
1977 c. 143;
1977 c. 196 s.
130 (7);
1977 c. 313;
1979 c. 34;
1979 c. 110 s.
60 (13);
1979 c. 221,
350;
1981 c. 20;
1981 c. 79 s.
18;
1983 a. 275 s.
15 (4);
1983 a. 524;
1983 a. 538 s.
269 (3);
1985 a. 12,
29,
273;
1987 a. 4,
27,
186;
1987 a. 312 s.
17;
1987 a. 328,
378,
399;
1989 a. 31;
1989 a. 56 s.
259;
1989 a. 74,
335;
1991 a. 39,
219,
313,
316;
1993 a. 16,
112,
205,
490;
1995 a. 27 ss.
3434g to
3440m,
9145 (1);
1995 a. 209,
233;
1997 a. 27,
35,
191,
237,
252.
73.03 Annotation
Department's construction of tax law in official technical information memorandums estopped department from collecting tax in this case. Dept. of Revenue v. Family Hospital, 105 W (2d) 250, 313 NW (2d) 828 (1982).
73.03 Annotation
Department's subpoena authority does not permit it to take possession of subpoenaed records for more than one business day; however, department may repeatedly subpoena records until its investigation is completed. State v. Kielisch, 123 W (2d) 125, 365 NW (2d) 904 (Ct. App. 1985).
73.0301
73.0301
License denial, nonrenewal, discontinuation, suspension and revocation based on tax delinquency. 73.0301(1)(b)
(b) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing that grants a credential.
73.0301(1)(c)
(c) "Liable for delinquent taxes" means that a person has exhausted all legal remedies to challenge the assertion that the person owes taxes, including penalties, interest, fees and costs, under
ch. 71,
72,
76,
77,
78,
125 or
139 and sufficient time has elapsed so that the person is delinquent in the payment of those taxes.
73.0301 Note
NOTE: The bracketed language indicates the correct cross-reference as renumbered by the revisor under s. 13.93 (1) (b). Corrective legislation is pending.
73.0301(1)(d)3.
3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in
s. 50.35,
50.49 (6) (a) or
(10),
51.038,
51.04,
51.42 (7) (b) 11.,
51.421 (3) (a),
51.45 (8),
146.40 (3) or
(3m),
146.50 (5) (a) or
(b),
(6g) (a),
(7) or
(8) (a) or
(f),
250.05 (5),
252.23 (2),
252.24 (2),
254.176,
254.20 (3),
255.08 (2) (a) or
343.305 (6) (a) or a permit for operation of a campground specified in
s. 254.47 (1).
73.0301(1)(d)10.
10. A license or permit granted by the department of public instruction.
73.0301(1)(e)
(e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics 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.
73.0301(1)(f)
(f) "Nondelinquency certificate" means a certificate that the department of revenue issues to a person and that states that the person is not delinquent in the payment of taxes, including penalties, interest, fees and costs, under
ch. 71,
72,
76,
77,
78,
125 or
139.
73.0301(2)
(2) Duties and powers of licensing departments. 73.0301(2)(a)(a) Each licensing department and the supreme court, if the supreme court agrees, shall enter into a memorandum of understanding with the department of revenue under
sub. (4) (a) that requires the licensing department or supreme court to do all of the following:
73.0301(2)(a)1.
1. Request the department of revenue to certify whether an applicant for a license or license renewal or continuation is liable for delinquent taxes. With respect to an applicant for a license granted by a credentialing board, the department of regulation and licensing shall make a request under this subdivision. This subdivision does not apply to the department of transportation with respect to licenses described in
sub. (1) (d) 7.
73.0301(2)(a)2.
2. Request the department of revenue to certify whether a license holder is liable for delinquent taxes. With respect to a holder of a license granted by a credentialing board, the department of regulation and licensing shall make a request under this subdivision.
73.0301(2)(b)
(b) Each licensing department and the supreme court, if the supreme court agrees, shall do all of the following:
73.0301(2)(b)1.a.a. If, after a request is made under
par. (a) 1. or
2., the department of revenue certifies that the license holder or applicant for a license or license renewal or continuation is liable for delinquent taxes, revoke the license or deny the application for the license or license renewal or continuation. The department of transportation may suspend licenses described in
sub. (1) (d) 7. in lieu of revoking those licenses. A suspension, revocation or denial under this
subd. 1. a. is not subject to administrative review or, except as provided in
subd. 2., judicial review. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make a revocation or denial under this
subd. 1. a.
73.0301(2)(b)1.b.
b. Mail a notice of suspension, revocation or denial under
subd. 1. a. to the license holder or applicant. The notice shall include a statement of the facts that warrant the suspension, revocation or denial and a statement that the license holder or applicant may, within 30 days after the date on which the notice of denial, suspension or revocation is mailed, file a written request with the department of revenue to have the certification of tax delinquency on which the suspension, revocation or denial is based reviewed at a hearing under
sub. (5) (a). With respect to a license granted by a credentialing board, the department of regulation and licensing shall mail a notice under this
subd. 1. b.
73.0301(2)(b)2.
2. If notified by the department of revenue that the department of revenue has affirmed a certification of tax delinquency after a hearing under
sub. (5) (a), affirm a suspension, revocation or denial under
subd. 1. a. A license holder or applicant may seek judicial review under
ss. 227.52 to
227.60, except that the review shall be in the circuit court for Dane County, of an affirmation of a revocation or denial under this subdivision. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make an affirmation under this subdivision.
73.0301(2)(b)3.
3. If a person submits a nondelinquency certificate issued under
sub. (5) (b) 1., reinstate the license or grant the application for the license or license renewal or continuation, unless there are other grounds for suspending or revoking the license or for denying the application for the license or license renewal or continuation. If reinstatement is required under this subdivision, a person is not required to submit a new application or other material or to take a new test. No separate fee may be charged for reinstatement of a license under this subdivision. With respect to a license granted by a credentialing board, the department of regulation and licensing shall reinstate a license or grant an application under this subdivision.
73.0301(2)(b)4.
4. If a person whose license has been suspended or revoked or whose application for a license or license renewal or continuation has been denied under
subd. 1. a. submits a nondelinquency certificate issued under
sub. (3) (a) 2., reinstate the license or grant the person's application for the license or license renewal or continuation, unless there are other grounds for not reinstating the license or for denying the application for the license or license renewal or continuation. With respect to a license granted by a credentialing board, the department of regulation and licensing shall reinstate a license or grant an application under this subdivision.
73.0301(2)(c)1.1. Each licensing department and the supreme court may require a holder of a license to provide the following information upon request:
73.0301(2)(c)1.a.
a. If the license holder is an individual, the license holder's social security number.
73.0301(2)(c)1.b.
b. If the license holder is not an individual, the license holder's federal employer identification number.
73.0301(2)(c)2.
2. A licensing department may not disclose any information received under
subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under
par. (b) 2. in accordance with the memorandum of understanding under
sub. (4) or to the department of workforce development for the purpose of administering
s. 49.22.
73.0301(3)
(3) Duties and powers of department of revenue. 73.0301(3)(a)(a) The department of revenue shall do all of the following:
73.0301(3)(a)1.
1. Enter into a memorandum of understanding with each licensing department and the supreme court, if the supreme court agrees, under
sub. (4) (a).
73.0301(3)(a)2.
2. Upon the request of any applicant for issuance, renewal, continuation or reinstatement of a license whose license has been previously revoked or whose application for a license or license renewal or continuation has been previously denied under
sub. (2) (b) 1. a., issue a nondelinquency certificate to the applicant if the applicant is not liable for delinquent taxes.
73.0301(3)(b)
(b) If a request for certification is made under
sub. (2) (a) 1. or
2., the department of revenue may, in accordance with a memorandum of understanding entered into under
par. (a) 1., certify to the licensing department or the supreme court that the applicant or license holder is liable for delinquent taxes.
73.0301(4)(a)(a) Each memorandum of understanding shall include procedures that do all of the following:
73.0301(4)(a)1.
1. Establish requirements for making requests under
sub. (2) (a) 1. and
2., including specifying the time when a licensing department or the supreme court shall make requests under
sub. (2) (a) 1. and
2., and for making certifications under
sub. (3) (b).
73.0301(4)(b)
(b) Factors such as the need to issue licenses in a timely manner, the convenience of applicants, the impact on collecting delinquent taxes, the effects on program administration and whether a suspension, revocation or denial under
sub. (2) (b) 1. a. will have an impact on public health, safety or welfare or the environment shall be considered in establishing requirements under
par. (a) 1.
73.0301(5)(a)(a) The department of revenue shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under
sub. (2) (b) 1. b. or by an applicant for certification or recertification or a certificate holder under
s. 73.03 (50) or
73.09 (7m) (b) to review a certification or determination of tax delinquency that is the basis of a denial or revocation of a license in accordance with this section or of a certificate, certification or recertification under
s. 73.03 (50) or
73.09 (7m). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the delinquent taxes for which the department of revenue certified or determined the license or certificate holder or applicant is liable. At a hearing under this paragraph, any statement filed by the department of revenue, the licensing department or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding
ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing or review, except as provided in
sub. (2) (b) 2.
73.0301(5)(b)
(b) After a hearing conducted under
par. (a), the department of revenue shall do one of the following:
73.0301(5)(b)1.
1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent taxes. For a hearing requested by an applicant for certification or recertification or a certificate holder under
s. 73.03 (50) or
73.09 (7m) (b), the department shall grant a certification or recertification or reinstate a certification if the department determines that the applicant or certificate holder is not liable for delinquent taxes, unless there are other grounds for denying the application or revoking the certification.
73.0301(5)(b)2.
2. Provide notice that the department of revenue has affirmed its certification of tax delinquency to a license holder; to an applicant for a license, a license renewal or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested by an applicant for certification or recertification or a certificate holder under
s. 73.03 (50), or
73.09 (7m) (b), the department of revenue shall provide notice to the applicant or certificate holder that the department of revenue has affirmed its determination of tax delinquency.
73.0301 History
History: 1997 a. 237 ss.
301,
307,
532.
73.0302
73.0302
Liability for delinquent taxes. 73.0302(1)
(1) If the department of revenue determines that an applicant for certification or recertification under
s. 73.03 (50) or a person who holds a certificate issued under
s. 73.03 (50) is liable for delinquent taxes, as defined in
s. 73.0301 (1) (c), the department of revenue may deny the application or revoke the certificate. Except as provided in
sub. (3), a denial or revocation under this subsection is not subject to judicial review.
73.0302(2)
(2) If the department of revenue denies an application or revokes a certificate under
sub. (1), the department shall mail a notice of denial or revocation to the applicant or certificate holder. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or certificate holder may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that he or she is liable for delinquent taxes reviewed at a hearing under
s. 73.0301 (5) (a).
73.0302(3)
(3) If, after a hearing under
s. 73.0301 (5) (a), the department of revenue affirms a determination under
sub. (1) that an applicant or certificate holder is liable for delinquent taxes, the department shall affirm its denial or revocation. An applicant or certificate holder may seek judicial review under
ch. 227 in the circuit court for Dane County of an affirmation by the department of a denial or revocation under this subsection.
73.0302(4)
(4) If, after a hearing under
s. 73.0301 (5) (a), the department of revenue determines that a person whose certificate is revoked under
sub. (1) is not liable for delinquent taxes, as defined in
s. 73.0301 (1) (c), the department shall reinstate the certificate. The department may not charge a fee for reinstatement of a certificate under this subsection.
73.0302 History
History: 1997 a. 237.
73.0305
73.0305
Revenue limits calculations. The department of revenue shall annually determine and certify to the state superintendent of public instruction, no later than the 4th Monday in June, the allowable rate of increase for the limit imposed under
subch. VII of ch. 121. For that limit, the allowable rate of increase is the percentage change in the consumer price index for all urban consumers, U.S. city average, between the preceding March 31 and the 2nd preceding March 31, as computed by the federal department of labor.
73.0305 History
History: 1993 a. 16;
1995 a. 27;
1997 a. 27.
73.031
73.031
Arrest powers. A special agent of the department of revenue who has been certified as a law enforcement officer by the law enforcement standards board and who is on duty may arrest a person if the special agent believes, on reasonable grounds, that a warrant for the person's arrest has been issued in this state or that a felony warrant has been issued in another state or if a crime has been committed in the presence of the special agent. The special agent shall cause the person arrested and the documents and reports pertaining to the arrest to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made. The special agent shall be available as a witness for the state. A special agent acting under this section is an employe of the department and is subject to its direction, benefits and legal protection.
73.031 History
History: 1991 a. 39.
73.035
73.035
Private letter rulings. 73.035(1)
(1) In this section, "department" means the department of revenue.
73.035(2)
(2) Upon receipt of a request, in the form prescribed by the department, from a person who requests a ruling about facts relating to a tax that the department administers, the department may issue a private letter ruling. Rulings under this section:
73.035(2)(a)
(a) May be published if the department decides to do so.
73.035(2)(b)
(b) May be edited by the requester as to types of information specified by the department, if that editing is submitted to the department before the deadline that the department establishes and if the department approves the editing.
73.035(3)
(3) Any person who receives a ruling under this section shall attach a copy of it to all of that person's tax returns to which it is relevant.
73.035(4)
(4) Rulings under this section and all information related to them are subject to the confidentiality provisions for the tax relevant to the request, except that if a ruling has been edited under
sub. (2) (b), or the deadline for editing set by the department has expired, and if the ruling has been published by the department, the published rulings are not subject to those confidentiality provisions.
73.035(5)
(5) The department's decision not to issue, or not to publish, a ruling under this section may not be appealed.
73.035 History
History: 1987 a. 399.
73.04
73.04
Hearings, witnesses. 73.04(1)(1)
Contempts. If any person unlawfully fails to obey any subpoena to appear before the department of revenue or before the tax appeals commission, or unlawfully refuses to testify, such failure or refusal shall be reported to the attorney general and the department of justice shall institute contempt proceedings against such person.
73.04(2)
(2) Fees. Officers who serve subpoenas, and witnesses attending hearings at the instance of the department, shall receive like compensation as officers and witnesses in the circuit court. Such compensation shall be charged to the proper appropriation for the department of revenue.
73.04(3)
(3) Special investigations. The department of revenue may appoint any employe to act for it to investigate and make report to the department upon any matter upon which the department is required to act, and such employe shall have authority to hold hearings, administer oaths, take testimony and perform all other duties necessary to bring such matter before the department for final adjudication and determination.
73.04 Annotation
See note to 71.74, citing State v. Beno, 99 W (2d) 77, 298 NW (2d) 405 (Ct. App. 1980).
73.05
73.05
Assessment districts; supervisors; duties. 73.05(1)(1) The state shall be divided into income assessment districts, property assessment districts, by the department of revenue, but in no instance shall a county be divided.
73.05(2)
(2) The department of revenue shall select and appoint a supervisor of equalization for each property assessment district in the state. Each supervisor shall be a citizen and an elector of this state, but need not be a resident of the district in which appointed to serve. So far as practicable, preference shall be given in making such appointments to residents of the districts.
