70.32 Annotation
While a sale establishes value, the assessment still has to be equal to that on comparable property. Sub. (2) (b) requires the assessor to fix a value before classifying the land; it does not prohibit the assessor from considering the zoning of the property when it is used for some other purpose. State ex rel. Hensel v. Town of Wilson,
55 Wis. 2d 101,
197 N.W.2d 794.
70.32 Annotation
When an assessment must be based on a recent sale of the property, the assessor cannot increase the value because no commission was paid to a broker. State ex rel. Lincoln F. Warehouse v. Bd. of Rev.
60 Wis. 2d 84,
208 N.W.2d 380.
70.32 Annotation
Under an option agreement, the sellers' right to repurchase their homestead and their right of first refusal for the purchase of industrial buildings to be constructed on the property were factors going only to the willingness of the parties to deal, not their compulsion to do so;` the value of these rights, together with the monetary amount per acre, comprised the total sale price of the land. State ex rel. Geipel v. Milwaukee,
68 Wis. 2d 726,
229 N.W.2d 585.
70.32 Annotation
Evidence of net income from unique property was admissible to show market value. An assessor's unconfirmed valuation based on estimated replacement cost, less depreciation, could not stand alone because of uncontroverted evidence of actual costs of recent construction. Rosen v. Milwaukee,
72 Wis. 2d 653,
242 N.W.2d 681.
70.32 Annotation
District-wide use of comparative sales statistics to determine annual percentage increases of assessments was invalid under sub. (1). State ex rel. Kaskin v. Board of Review,
91 Wis. 2d 272,
282 N.W.2d 620 (Ct. App. 1979). See also Lloyd v. Board of Review of City of Stoughton,
179 Wis. 2d 33,
505 N.W.2d 465 (Ct. App. 1993).
70.32 Annotation
An assessor erred in failing to consider disadvantages and liabilities that affect the fair market value of dams. State ex rel. Wis. Edison Corp. v. Robertson,
99 Wis. 2d 561,
299 N.W.2d 626 (Ct. App. 1980).
70.32 Annotation
The lease of comparable property constituted the "best information" regarding fair market value of leasehold improvements. State ex rel. Keane v. Bd. of Review,
99 Wis. 2d 584,
299 N.W.2d 638 (Ct. App. 1980).
70.32 Annotation
Sub. (1) requires the use of a cash equivalency adjustment in assessing property based upon the sale of comparable properties. State ex rel. Flint v. Kenosha County Rev. Bd.
126 Wis. 2d 152,
376 N.W.2d 364 (Ct. App. 1985).
70.32 Annotation
An assessment largely based upon consideration of equalized value was invalid. The court erred by remanding with the requirement that a new assessment consider the actual subsequent sale of the subject property. State ex rel. Kesselman v. Sturtevant,
133 Wis. 2d 122,
394 N.W.2d 745 (Ct. App. 1986).
70.32 Annotation
The board erred as a matter of law by basing an assessment on "market" rental income when there was a recent arms-length sale of the property. Darcel v. Manitowoc Review Bd.,
137 Wis. 2d 623,
405 N.W.2d 344 (1987).
70.32 Annotation
In determining market value under sub. (1), the board must determine whether financing arrangements between the seller and buyer affected the sale price; sub. (1) prohibits assessment exceeding market value. Flood v. Lomira Board of Review,
153 Wis. 2d 428,
451 N.W.2d 422 (1990).
70.32 Annotation
Factors applicable to the assessment of commercial property following its sale are discussed. State v. Greendale Bd. of Review,
164 Wis. 2d 31,
473 N.W.2d 554 (Ct. App. 1991).
70.32 Annotation
Section 70.32 establishes a unitary taxing scheme; mineral rights are taxed as an element of the real estate and not separately. Cornell University v. Rusk County,
166 Wis. 2d 811,
481 N.W.2d 485 (Ct. App. 1992).
70.32 Annotation
The capitalization of income method, based on estimated market rents rather than on actual rent, was an improper method of assessing subsidized rental property. Metro. Holding v. Milwaukee Review Bd.
173 Wis. 2d 626,
495 N.W.2d 314 (1993).
70.32 Annotation
Compliance with the s. 73.03 (2a) assessment manual is not a defense when the method of assessment violates s. 70.32 (1). Metro. Holding v. Milwaukee Review Bd.
173 Wis. 2d 626,
495 N.W.2d 314 (1993).
70.32 Annotation
When an assessor disavows the correctness of a valuation of comparable property shown on the tax roll, the burden is on the assessor to explain why the assessment is incorrect. Brighton Square Co. v. Madison,
178 Wis. 2d 577,
504 N.W.2d 436 (Ct. App. 1993).
70.32 Annotation
A taxpayer challenging an assessment has the burden of proving that a sale was an arm's-length transaction. The taxpayer has the burden of proof on each "Property Tax Assessment Manual" condition that must be met. Doneff v. Review Board of Two Rivers,
184 Wis. 2d 203,
516 N.W.2d 383 (1994).
70.32 Annotation
The use of owner-operator income to value property is allowed if the net income reflects the property's chief source of value, the income is produced without skill of the owner, or the owner's skill and labor are factored out and other valuation approaches are considered. Waste Management v. Kenosha County Review Bd.
184 Wis. 2d 541,
516 N.W.2d 695 (1994).
70.32 Annotation
There is no bright line rule for the number of comparable properties that must be shown to prove that the rule of uniformity is being violated. Assessments that are discriminatory and made based on arbitrary and improper considerations cannot stand. State ex rel. Levine v. Fox Point Board of Review,
191 Wis. 2d 363,
528 N.W.2d 424 (1995).
70.32 Annotation
Property that is encumbered by a bundle of rights must be appraised at its value using the current value of that bundle of rights. City of West Bend v. Continental IV Fund,
193 Wis. 2d 481,
535 N.W.2d 24 (Ct. App. 1995).
70.32 Annotation
Real property shall be valued base on the best information available. The best information is a recent arms-length sale of the property, followed by recent sales of comparable property. If either of those are not available the assessor may look to all factors that collectively have a bearing on the value of the property. State ex rel. Campbell v. Town of Delevan,
210 Wis. 2d 240,
565 N.W.2d 209 (Ct. App. 1997).
70.32 Annotation
Equalized value is not a measure of fair market value of individual properties; it is improper for an assessor to take it into account in valuing property. Noah's Ark Family Park v. Village of Lake Delton,
210 Wis. 2d 302,
565 N.W.2d 230 (Ct. App. 1997). Affirmed.
216 Wis. 2d 386,
573 N.W.2d 852 (1998).
70.32 Annotation
For purposes of the uniformity clause, there is only one class of property. The burden of taxation must be borne as nearly as practicable among all property, based on value. Compliance with the requirement of s. 70.05 (5) that property be assessed at fair value at least once every 5 years is not a substitute for compliance with the uniformity clause and sub. (1). Approving an increased assessment for only one property despite evidence that it and other properties had recent sales at a price above prior assessments violated the law, and its approval by the board of review was arbitrary. Noah's Ark Family Park v. Village of Lake Delton,
210 Wis. 2d 302,
565 N.W.2d 230 (Ct. App. 1997). Affirmed.
216 Wis. 2d 386,
573 N.W.2d 852 (1998).
70.32 Annotation
It was improper to rely solely on insurance replacement value to set the valuation of low income apartments encumbered with income and rental restrictions, although it is a relevant factor. Walworth Affordable Housing, LLC v. Village of Walworth,
229 Wis. 2d 797,
601 N.W.2d 325 (Ct. App. 1999).
70.32 Annotation
Income that is attributable to the land, rather than personal to the owner, is inextricably intertwined with land and is transferable to future owners. This income may be be included in the land's assessment because it appertains to the land. Income from managing separate off-site property may be inextricably intertwined with land and subject to assessment where the income is generated primarily on the assessed property itself. ABKA Ltd. v. Fontana-On-Geneva-Lake,
231 Wis. 2d 328,
603 N.W.2d 217 (1999).
70.32 Annotation
The requirement to use the "best information" does not require that an assessor use actual figures in the absence of a sale An assessor acted properly in using estimated expense figures when actual figures did not reflect regular expenses. ABKA Ltd. v. Fontana-On-Geneva-Lake,
231 Wis. 2d 328,
603 N.W.2d 217 (1999).
70.32 Annotation
It is clear from the Assessor's Manual that assessors should consider many market factors form a variety of sources when gathering and applying comparable sales information. Even sales prices of similar properties need some adjustment in order to arrive at an estimate of value for a different property. Joyce v. Town of Tainter, 2000 WI App 15,
232 Wis. 2d 349,
605 N.W.2d 284.
70.32 Annotation
Taxation of undeveloped real property in Wisconsin. Hack, Sullivan, 1974 WBB No. 1.
70.323
70.323
Assessment of divided parcel. 70.323(1)(a)(a) If a parcel of real property is divided, the owner of a divided parcel may request a valuation of the divided parcels. A request shall be in writing and submitted to the treasurer of the taxation district in which the property is located. If the taxation district treasurer is in possession of the tax roll, the treasurer shall make the requested valuation. If the tax roll has been returned under
s. 74.43, the taxation district treasurer shall forward the request to the county treasurer, who shall make the requested valuation.
70.323(1)(b)
(b) The appropriate treasurer shall, with the assistance of the assessor of the taxation district, attribute to each new parcel its value for the year of division. The value of each new parcel shall represent a reasonable apportionment of the valuation of the original undivided parcel, and the total of the new valuations shall equal the valuation of the original undivided parcel on January 1 of that year. The value of a new parcel as determined under this subsection is the value of that property for purposes of
s. 70.32 for the year of division.
70.323(2)
(2) Appeal. A determination under
sub. (1) may be appealed by bringing an action in circuit court within 60 days after the determination is made. The court shall determine whether the value determined under
sub. (1) represents a reasonable apportionment of the valuation of the original undivided parcel on January 1 of that year. If the court determines that the value does not represent a reasonable apportionment, the court shall redetermine the parcels' values, the total of which shall equal the valuation of the original undivided parcel on January 1 of that year.
70.323(3)
(3) Lien extinguished. Payment of all real estate taxes based on the value determined under
sub. (1) or
(2) extinguishes the lien against the parcel created under
s. 70.01.
70.323(4)
(4) Cooperation of assessor. The assessor of the taxation district shall assist the treasurer of the taxation district or of the county under
sub. (1).
70.323(5)
(5) Not applicable where written agreement. This section does not apply if there is a written agreement providing for the payment of real property taxes on the divided parcels in the year of division.
70.323 History
History: 1987 a. 378.
70.327
70.327
Valuation and assessment of property with contaminated wells. In determining the market value of real property with a contaminated well or water system, the assessor shall take into consideration the time and expense necessary to repair or replace the well or private water system in calculating the diminution of the market value of real property attributable to the contamination.
70.327 History
History: 1983 a. 410;
1995 a. 378.
70.337
70.337
Tax exemption reports. 70.337(1)
(1) By March 31 of each even-numbered year, the owner of each parcel of property that is exempt under
s. 70.11 shall file with the clerk of the taxation district in which the property is located a form containing the following information:
70.337(1)(a)
(a) The name and address of the owner of the property and, if applicable, the type of organization that owns the property.
70.337(1)(b)
(b) The legal description and parcel number of the property as shown on the assessment roll.
70.337(1)(d)
(d) A description of any improvements on the land.
70.337(1)(e)
(e) A statement indicating whether or not any portion of the property was leased to another person during the preceding 2 years. If the property was leased, the statement shall identify the portion of the property that was leased, identify the lessee and describe the ways in which the lease payments were used by the owner of the property.
70.337(1)(f)
(f) The owner's estimate of the fair market value of the property on January 1 of the even-numbered year. The owner shall provide this estimate by marking one of a number of value ranges provided on the form prepared under
sub. (2). The assessor for the taxation district within which the property is located may review the owner's estimate of the fair market value of the property and adjust it if necessary to reflect the correct fair market value.
70.337(2)
(2) By July 1 of each even-numbered year, the clerk of each taxation district shall complete and deliver to the department of revenue a form on which the clerk estimates the value of tax-exempt property, classified by type of owner, within the taxation district.
70.337(3)
(3) The department of revenue shall prescribe the contents of the form for reporting the information required under
sub. (1), including the categories of value of property that the department of revenue determines will result in the best estimate of the value of tax-exempt property in this state. The department of revenue shall also prescribe the contents of the form under
sub. (2). The form under
sub. (2) shall provide for estimates of the value of tax-exempt property in the taxation district that is owned by various categories of owners, including property that is owned by the benevolent and educational associations; fraternal and labor organizations; nonprofit hospitals; private colleges; and churches and religious associations. The forms under
subs. (1) and
(2) shall be prepared and distributed under
s. 70.09 (3).
70.337(4)
(4) The department of revenue shall tabulate data from the forms received under
sub. (2) and prepare an estimate of the value of tax-exempt property in this state by category of owner. The department shall include this information in the summary of tax exemption devices prepared under
s. 16.425 (3).
70.337(5)
(5) Each person that is required to file a report under
sub. (1) shall pay a reasonable fee that is sufficient to defray the costs to the taxation district of distributing and reviewing the forms under
sub. (1) and of preparing the form for the department of revenue under
sub. (2). The amount of the fee shall be established by the governing body of the taxation district. This subsection does not apply to a church that is required to file a report under
sub. (1).
70.337(6)
(6) If the form under
sub. (1) is not received by March 31 of the even-numbered year, the taxation district clerk shall send the owner of the property a notice, by certified mail, stating that the property for which the form is required will be appraised at the owner's expense if a completed form is not received by the taxation district clerk within 30 days after the notice is sent. If the completed form is not received by the taxation district clerk within 30 days after the notice is sent, the property shall be appraised either by the taxation district assessor or by a person hired by the taxation district to conduct the appraisal.
70.337(7)
(7) This section does not apply to property that is exempt under
s. 70.11 (1),
(2),
(13),
(13m),
(15),
(15m),
(21) or
(30), property that is exempt under
s. 70.11 (18) if a payment in lieu of taxes is made for that property, lake beds owned by the state, state forests under
s. 28.03 or
28.035, county forests under
s. 28.10, property acquired by the department of transportation under
s. 85.08 or
85.09 or highways, as defined in
s. 340.01 (22).
70.339
70.339
Reporting requirements. 70.339(1)
(1) By March 15 each person that owns property that is exempt under
s. 70.11, except
s. 70.11 (1) and
(2), and that was used in the most recently ended taxable year in a trade or business for which the owner of the property was subject to taxation under sections
511 to
515 of the internal revenue code, as defined in
s. 71.22 (4m), shall file with the clerk of the taxation district in which the property is located a statement containing the following information:
70.339(1)(a)
(a) The name, address and telephone number of the owner of the property.
70.339(1)(b)
(b) The name, address and telephone number of a person who can be contacted concerning the use of the property in a trade or business.
70.339(1)(c)
(c) A general description of the activities engaged in to conduct the trade or business.
70.339(1)(d)
(d) The location and a description of the property that is used in the trade or business including, if applicable, the specific portion of a building that is used to conduct the trade or business.
70.339(2)
(2) The format and distribution of statements under this section shall be governed by
s. 70.09 (3).
70.339(3)
(3) If the statement required under this section is not received by the due date, the taxation district clerk shall send the owner of the property a notice, by certified mail, stating that failure to file a statement is subject to the penalties under
sub. (4).
70.339(4)
(4) A person who fails to file a statement within 30 days after notification under
sub. (3) shall forfeit $10 for each succeeding day on which the form is not received by the taxation district clerk, but not more than $500.
70.339 History
History: 1991 a. 39,
269.
70.34
70.34
Personalty. All articles of personal property shall, as far as practicable, be valued by the assessor upon actual view at their true cash value; and after arriving at the total valuation of all articles of personal property which the assessor shall be able to discover as belonging to any person, if the assessor has reason to believe that such person has other personal property or any other thing of value liable to taxation, the assessor shall add to such aggregate valuation of personal property an amount which, in the assessor's judgment, will render such aggregate valuation a just and equitable valuation of all the personal property liable to taxation belonging to such person. In carrying out the duties imposed on the assessor by this section, the assessor shall act in the manner specified in the Wisconsin property assessment manual provided under
s. 73.03 (2a).
70.34 History
History: 1973 c. 90;
1991 a. 316.
70.34 Annotation
"True cash value" is not a figure that can be determined by bargaining with the taxpayer, and such an agreement would be void. The unsupported statement of the taxpayer has no probative value. State ex rel. Berg E. Corp. v. Spencer Rev. Bd.
53 Wis. 2d 233,
191 N.W.2d 892.
70.34 Annotation
Factors considered relevant to determination of market value for assessment purposes are discussed. State ex rel. Mitchell Aero v. Bd. of Review,
74 Wis. 2d 268,
246 N.W.2d 521.
70.34 Annotation
A market data or sales approach was proper where 94% of machines were leased and only 6% were sold. Income capitalization approach has been used only when no sales exist. Xerox Corp. v. Department of Revenue,
114 Wis. 2d 522,
339 N.W.2d 357 (Ct. App. 1983).
70.345
70.345
Legislative intent; department of revenue to supply information. The assessor shall exercise particular care so that personal property as a class on the assessment rolls bears the same relation to statutory value as real property as a class. To assist the assessor in determining the true relationship between real estate and personal property the department of revenue shall make available to local assessors information including figures indicating the relationship between personal property and real property on the last assessment rolls.
70.35
70.35
Taxpayer examined under oath or to submit return. 70.35(1)(1) To determine the amount and value of any personal property for which any person, firm or corporation should be assessed, any assessor may examine such person or the managing agent or officer of any firm or corporation under oath as to all such items of personal property, the taxable value thereof as defined in
s. 70.34 if the property is taxable and the fair market value if the property is exempt under
s. 70.11 (39). In the alternative the assessor may require such person, firm or corporation to submit a return of such personal property and of the taxable value thereof. There shall be annexed to such return the declaration of such person or of the managing agent or officer of such firm or corporation that the statements therein contained are true.
70.35(2)
(2) The return shall be made and all the information therein requested given by such person on a form prescribed by the assessor with the approval of the department of revenue which shall provide suitable schedules for such information bearing on value as the department deems necessary to enable the assessor to determine the true cash value of the taxable personal property, and of the personal property that is exempt under
s. 70.11 (39), that is owned or in the possession of such person on January 1 as provided in
s. 70.10. The return may contain methods of deriving assessable values from book values and for the conversion of book values to present values, and a statement as to the accounting method used. No person shall be required to take detailed physical inventory for the purpose of making the return required by this section.
70.35(3)
(3) Each return shall be filed with the assessor on or before March 1 of the year in which the assessment provided by
s. 70.10 is made. The assessor, for good cause, may allow a reasonable extension of time for filing the return. All returns filed under this section shall be the confidential records of the assessor's office, except that the returns shall be available for use before the board of review as provided in this chapter. No return required under this section is controlling on the assessor in any respect in the assessment of any property.
70.35(4)
(4) Any person, firm or corporation who refuses to so testify or who fails, neglects or refuses to make and file the return of personal property required by this section shall be denied any right of abatement by the board of review on account of the assessment of such personal property unless such person, firm or corporation shall make such return to such board of review together with a statement of the reasons for the failure to make and file the return in the manner and form required by this section.
70.35(5)
(5) In the event that the assessor or the board of review should desire further evidence they may call upon other persons as witnesses to give evidence under oath as to the items and value of the personal property of any such person, firm or corporation.
70.35(6)
(6) The return required by this section shall not be demanded by the assessor from any farmer, or from any firm or corporation assessed under
ch. 76 or from any person, firm or corporation whose personal property is not used for the production of income in industry, trade, commerce or professional practice.
70.35(8)
(8) This section shall not be applicable to farm products as defined by
s. 93.01 (5) when owned and possessed by the original producer.
70.36
70.36
False statement; duty of district attorney. 70.36(1)(1) Any person, firm or corporation in this state owning or holding personal property of any nature or description, individually or as agent, trustee, guardian, administrator, executor, assignee or receiver or other representative capacity, which property is subject to assessment, who shall intentionally make a false statement to the assessor of that person's, firm's or corporation's assessment district or to the board of review thereof with respect to such property, or who shall omit any property from any return required to be made under
s. 70.35, with the intent of avoiding the payment of the just and proportionate taxes thereon, shall forfeit the sum of $10 for every $100 or major fraction thereof so withheld from the knowledge of such assessor or board of review.
70.36(1m)
(1m) Any person, firm or corporation that fails to include information on property that is exempt under
s. 70.11 (39) on the report under
s. 70.35 shall forfeit $10 for every $100 or major fraction thereof that is not reported.
70.36(2)
(2) It is hereby made the duty of the district attorney of any county, upon complaint made to the district attorney by the assessor or by a member of the board of review of the assessment district in which it is alleged that property has been so withheld from the knowledge of such assessor or board of review, or not included in any return required by
s. 70.35, to investigate the case forthwith and bring an action in the name of the state against the person, firm or corporation so complained of. All forfeitures collected under the provisions of this section shall be paid into the treasury of the taxation district in which such property had its situs for taxation.
70.36(3)
(3) The word assessor whenever used in
ss. 70.35 and
70.36 shall, in 1st class cities, be deemed to refer also to the commissioner of assessments of any such city and, where applicable, shall be deemed also to refer to the department of revenue responsible for the manufacturing property assessment under
s. 70.995.
70.365
70.365
Notice of changed assessment. When the assessor assesses any taxable real property, or any improvements taxed as personal property under
s. 77.84 (1), and arrives at a different total than the assessment of it for the previous year, the assessor shall notify the person assessed if the address of the person is known to the assessor, otherwise the occupant of the property. The notice shall be in writing and shall be sent by ordinary mail at least 15 days before the meeting of the board of review or before the meeting of the board of assessors in 1st class cities and in 2nd class cities that have a board of assessors under
s. 70.075 and shall contain the amount of the changed assessment and the time, date and place of the meeting of the local board of review or of the board of assessors. However, if the assessment roll is not complete, the notice shall be sent by ordinary mail at least 15 days prior to the date to which the board of review has adjourned. The assessor shall attach to the assessment roll a statement that the notices required by this section have been mailed and failure to receive the notice shall not affect the validity of the changed assessment, the resulting changed tax, the procedures of the board of review or of the board of assessors or the enforcement of delinquent taxes by statutory means. The secretary of revenue shall by rule prescribe the form of the notice required under this section. The form shall include information notifying the taxpayer of the procedures to be used to object to the assessment.
70.37
70.37
Net proceeds occupation tax on persons extracting metalliferous minerals in this state. 70.37(1)
(1)
Legislative findings. The legislature finds that:
