74.31
74.31
Failure to settle timely. If the taxation district treasurer or county treasurer does not settle as required under
ss. 74.23 to
74.30:
74.31(1)
(1) Interest charge. The taxation district or county which has not settled shall pay 12% annual interest on the amount not timely paid to the taxing jurisdiction, including this state, to which money is due, calculated from the date settlement was required.
74.31(2)
(2) Penalty. The taxing jurisdiction, including this state, to which money is due may demand, in writing, payment from the taxation district or county which has not settled. If, within 3 days after receipt of a written demand, settlement is not made, the taxation district or county shall pay the taxing jurisdiction, including this state, making the demand a 5% penalty on the amount remaining unpaid.
74.31 History
History: 1987 a. 387;
1991 a. 39.
ADJUSTMENT
74.33
74.33
Sharing and charging back of taxes due to palpable errors. 74.33(1)(1)
Grounds. After the tax roll has been delivered to the treasurer of the taxation district under
s. 74.03, the governing body of the taxation district may refund or rescind in whole or in part any general property tax shown in the tax roll, including agreed-upon interest, if:
74.33(1)(a)
(a) A clerical error has been made in the description of the property or in the computation of the tax.
74.33(1)(b)
(b) The assessment included real property improvements which did not exist on the date under
s. 70.10 for making the assessment.
74.33(1)(c)
(c) The property is exempt by law from taxation, except as provided under
sub. (2).
74.33(1)(d)
(d) The property is not located in the taxation district for which the tax roll was prepared.
74.33(1)(f)
(f) An arithmetic, transpositional or similar error has occurred.
74.33(2)
(2) Exceptions. The governing body of a taxation district may not refund or rescind any tax under this section if the alleged error may be appealed under
s. 70.995 (8) (c) or if the alleged error is solely that the assessor placed a valuation on the property that is excessive.
74.33(3)
(3) Charging back and sharing taxes. If an error under
sub. (1) has been discovered, the governing body of the taxation district shall proceed under
s. 74.41.
74.35
74.35
Recovery of unlawful taxes. 74.35(1)
(1)
Definitions. In this section "unlawful tax" means a general property tax with respect to which one or more errors specified in
s. 74.33 (1) (a) to
(f) were made. "Unlawful tax" does not include a tax in respect to which the alleged defect is solely that the assessor placed a valuation on the property that is excessive.
74.35(2)
(2) Claim against taxation district. 74.35(2)(a)(a) A person aggrieved by the levy and collection of an unlawful tax assessed against his or her property may file a claim to recover the unlawful tax against the taxation district which collected the tax.
74.35(2)(b)
(b) A claim filed under this section shall meet all of the following conditions:
74.35(2)(b)2.
2. State the alleged circumstances giving rise to the claim, including the basis for the claim as specified in
s. 74.33 (1) (a) to
(e).
74.35(2)(b)3.
3. State as accurately as possible the amount of the claim.
74.35(2m)
(2m) Exclusive procedure. A claim that property is exempt, other than a claim that property is exempt under
s. 70.11 (21) (a) or
(27), may be made only in an action under this section. Such a claim may not be made by means of an action under
s. 74.33 or an action for a declaratory judgment under
s. 806.04.
74.35(3)(a)(a) In this subsection, to "disallow" a claim means either to deny the claim in whole or in part or to fail to take final action on the claim within 90 days after the claim is filed.
74.35(3)(b)
(b) The taxation district shall notify the claimant by certified or registered mail whether the claim is allowed or disallowed within 90 days after the claim is filed.
74.35(3)(c)
(c) If the governing body of the taxation district determines that an unlawful tax has been paid and that the claim for recovery of the unlawful tax has complied with all legal requirements, the governing body shall allow the claim. The taxation district treasurer shall pay the claim not later than 90 days after the claim is allowed.
74.35(3)(d)
(d) If the taxation district disallows the claim, the claimant may commence an action in circuit court to recover the amount of the claim not allowed. The action shall be commenced within 90 days after the claimant receives notice by certified or registered mail that the claim is disallowed.
74.35(4)
(4) Interest. The amount of a claim filed under
sub. (2) or an action commenced under
sub. (3) may include interest computed from the date of filing the claim against the taxation district, at the rate of 0.8% per month.
74.35(5)
(5) Limitations on bringing claims. 74.35(5)(a)(a) Except as provided under
par. (b), a claim under this section shall be filed by January 31 of the year in which the tax is payable.
74.35(5)(b)
(b) A claim under this section for recovery of taxes paid to the wrong taxation district shall be filed within 2 years after the last date specified for timely payment of the tax under
s. 74.11,
74.12 or
74.87.
74.35(5)(c)
(c) No claim may be filed or maintained under this section unless the tax for which the claim is filed, or any authorized instalment payment of the tax, is timely paid under
s. 74.11,
74.12 or
74.87.
74.35(5)(d)
(d) No claim may be made under this section based on the contention that the tax was unlawful because the property is exempt from taxation under
s. 70.11 (21) (a) or
(27).
74.35(6)
(6) Compensation for taxation district. If taxes are refunded under
sub. (3), the governing body of the taxation district may proceed under
s. 74.41.
74.35 Annotation
This section does not provide the exclusive procedure by which a taxpayer may recover unlawful taxes. Section 70.43 provides an alternative to suing under this section. IBM Credit Corp. v. Village of Allouez, 188 W (2d) 143, 524 NW (2d) 132 (1994).
74.35 Annotation
Tax exemption disputes do not need to be brought under this section; a declaratory judgment action is appropriate. Friendship Village Milwaukee v. Milwaukee, 181 W (2d) 207, 511 NW (2d) 345 (Ct. App. 1993).
74.37
74.37
Claim on excessive assessment. 74.37(1)
(1)
Definition. In this section, a "claim for an excessive assessment" or an "action for an excessive assessment" means a claim or action, respectively, by an aggrieved person to recover that amount of general property tax imposed because the assessment of property was excessive.
74.37(2)(a)(a) A claim for an excessive assessment may be filed against the taxation district, or the county that has a county assessor system, which collected the tax.
74.37(2)(b)
(b) A claim filed under this section shall meet all of the following conditions:
74.37(2)(b)2.
2. State the alleged circumstances giving rise to the claim.
74.37(2)(b)3.
3. State as accurately as possible the amount of the claim.
74.37(2)(b)5.
5. Be served on the clerk of the taxation district, or the clerk of the county that has a county assessor system, in the manner prescribed in
s. 801.11 (4) by January 31 of the year in which the tax based upon the contested assessment is payable.
74.37(3)(a)(a) In this subsection, to "disallow" a claim means either to deny the claim in whole or in part or to fail to take final action on the claim within 90 days after the claim is filed.
74.37(3)(b)
(b) The taxation district or county that has a county assessor system shall notify the claimant by certified or registered mail whether the claim is allowed or disallowed within 90 days after the claim is filed.
74.37(3)(c)
(c) If the governing body of the taxation district or county that has a county assessor system determines that a tax has been paid which was based on an excessive assessment, and that the claim for an excessive assessment has complied with all legal requirements, the governing body shall allow the claim. The taxation district or county treasurer shall pay the claim not later than 90 days after the claim is allowed.
74.37(3)(d)
(d) If the taxation district or county disallows the claim, the claimant may commence an action in circuit court to recover the amount of the claim not allowed. The action shall be commenced within 90 days after the claimant receives notice by registered or certified mail that the claim is disallowed.
74.37(4)(a)(a) No claim or action for an excessive assessment may be brought under this section unless the procedures for objecting to assessments under
s. 70.47, except under
s. 70.47 (13), have been complied with. This paragraph does not apply if notice under
s. 70.365 was not given.
74.37(4)(b)
(b) No claim or action for an excessive assessment may be brought or maintained under this section unless the tax for which the claim is filed, or any authorized instalment of the tax, is timely paid under
s. 74.11 or
74.12.
74.37(4)(c)
(c) No claim or action for an excessive assessment may be brought or maintained under this section if the assessment of the property for the same year is contested under
s. 70.47 (13) or
70.85. No assessment may be contested under
s. 70.47 (13) or
70.85 if a claim is brought and maintained under this section based on the same assessment.
74.37(5)
(5) Interest. The amount of a claim filed under
sub. (2) or an action commenced under
sub. (3) may include interest computed from the date of filing the claim against the taxation district, at the rate of 0.8% per month.
74.37(6)
(6) Exception. This section does not apply in counties with a population of 500,000 or more.
74.37(7)
(7) Compensation. If taxes are refunded under
sub. (3), the governing body of the taxation district or county that has a county assessor system may proceed under
s. 74.41.
74.37 History
History: 1987 a. 378;
1989 a. 104; 1993 a. 292p
1995 a. 408.
74.37 Annotation
Sections 70.47 (13), 70.85 and 74.37 provide the exclusive method to challenge a municipality's bases for assessment of individual parcels. All require appeal to the board of review prior to court action. There is no alternative procedure to challenge an assessment's compliance with the uniformity clause. Hermann v. Town of Delavan, 215 W (2d) 370, 572 NW (2d) 855 (1998).
74.39
74.39
Court-ordered reassessment. 74.39(1)
(1)
Court may order. Except as provided in
sub. (3), in any action under
s. 74.35 (3) or
74.37 (3), if the court determines that a reassessment of the property upon which the taxes were paid is necessary, the court, before entering judgment, shall continue the action to permit reassessment of the property. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is not excessive, judgment shall be entered for the defendant. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is excessive, judgment shall be entered for the plaintiff for the amount of the excessive taxes paid.
74.39(2)
(2) Challenge of reassessment. The validity of a reassessment under
sub. (1) may be challenged under
s. 75.54. A reassessment under
s. 75.54 shall be made by the assessor of the assessment district in which the property to be reassessed is located.
74.39(3)
(3) Exception. The court may proceed to judgment without ordering a reassessment under
sub. (1), if the court finds that to do so is in the best interests of all parties to the action and if the court is able to determine the amount of unlawful taxes with reasonable certainty.
74.39 History
History: 1987 a. 378.
74.41
74.41
Charging back refunded or rescinded taxes; sharing certain collected taxes. 74.41(1)
(1)
Submission of refunded or rescinded taxes to department. By October 1 of each year, the clerk of a taxation district may submit to the department of revenue, on a form prescribed by the department of revenue, a listing of all general property taxes on the district's tax roll which, subject to
sub. (2), meet any of the following conditions:
74.41(2)
(2) Amount required for submission. A tax may be included on a form submitted under
sub. (1) only if one of the following applies:
74.41(2)(a)
(a) The tax and all other taxes under
sub. (1) which are levied for the same year and which are listed on the same form total at least $5,000.
74.41(2)(b)
(b) The tax under
sub. (1) for any single description of property in the tax roll for any one year is $500 or more.
74.41(3)
(3) Effect on equalized value determined. The department of revenue shall, by the November 15 following submission of the form under
sub. (1), determine the amount of the change, if any, in the equalized valuation of the taxation district resulting from a consideration of the valuation represented by the taxes under
sub. (1). The determination of the department of revenue under this subsection is reviewable only under
s. 227.53.
74.41(4)
(4) Amount determined. If the department of revenue determines under
sub. (3) that the equalized value of the taxation district is changed as a result of consideration of the valuation represented by the taxes under
sub. (1), the department of revenue shall do one of the following:
74.41(4)(a)
(a) Adjust the equalized value of the taxation district under
s. 70.57.
74.41(4)(b)
(b) Determine the amount of rescinded or refunded taxes to be charged back to, and collected from, each taxing jurisdiction for which taxes were collected by the taxation district, and determine the amount of taxes collected under
s. 74.33 to be shared with each taxing jurisdiction for which taxes were collected by the taxation district. The amount determined may not include any interest.
74.41(5)(a)(a) The department of revenue shall certify to the clerk of the taxation district the amount determined under
sub. (4) (a) or
(b) and shall furnish a copy of the certification to each affected taxing jurisdiction.
74.41(5)(b)
(b) Each taxing jurisdiction to which an amount is charged back under
sub. (4) (b) shall pay the amount certified under
par. (a) to the taxation district treasurer by February 15 of the year following the determination under
sub. (3). By February 15 of the year following the determination under
sub. (3), the taxation district treasurer shall pay the amounts to be shared with other taxing jurisdictions.
