76.635(4)(a)(a) If a certified capital company is decertified, or an investment pool is disqualified, under
s. 560.37 before the certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 1. with respect to the investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay that credit to the commissioner of insurance, for deposit in the general fund, and may not claim more credit in respect to that investment pool.
76.635(4)(b)
(b) If a certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 1. with respect to an investment pool but the certified capital company is decertified, or an investment pool is disqualified, under
s. 560.37 before the certified capital company fulfills the investment requirement under
s. 560.34 (1m) (a) 2. for that investment pool, any insurer that has received a credit under this section with respect to that investment pool shall repay all credits that were claimed for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool and may claim no more credits for taxable years after the taxable year that includes the 3rd anniversary of the investment date of the investment pool.
76.635(5)
(5) Sale of credit. An insurer may sell a credit under this section to another insurer that is subject to taxation under this subchapter if the insurer notifies the commissioner of insurance of the sale and includes with that notification a copy of the transfer documents.
76.635(6)
(6) Nullification of credit precluded. This state may not impose a new tax or change an existing tax in order to nullify the credit created under this section.
76.635 History
History: 1997 a. 215;
1999 a. 30.
76.64
76.64
Quarterly instalments. Insurers shall pay instalments of the total estimated payment under
ss. 76.60,
76.63,
76.65 and
76.66 on or before April 15, June 15, September 15 and December 15. Every insurer shall make a return for the preceding calendar year on or before March 1 setting forth the information that the commissioner of insurance reasonably requires, on forms prescribed by the commissioner. On or before March 1, the insurer shall pay any additional amount due for the preceding calendar year. Overpayment will be credited on the amount due April 15.
76.64 History
History: 1979 c. 102 s.
24; Stats. 1979 s. 76.64;
1981 c. 20;
1985 a. 29;
1989 a. 31.
76.645(1)(1)
Late payment. An insurer that fails to make quarterly payments under
s. 76.64 of at least 25% of either the total tax paid for the previous calendar year or 80% of the actual tax for the current calendar year is liable, in addition to the amount due, for interest of 1.5% of the amount due and unpaid for each month or part of a month that the amount due, together with any interest, remains unpaid.
76.645(2)
(2) Negligence. An insurer that fails to pay an amount due, or file a return required, under
s. 76.64, unless the insurer shows that the failure is due to reasonable cause and not due to wilful neglect, is liable for the greater of the following amounts:
76.645(2)(b)
(b) Five percent of the amount due for each month or fraction of a month during which the failure continues, but not more than 25% of the amount due.
76.645 History
History: 1985 a. 29.
76.65
76.65
Life insurers; license fee. Every insurer doing a life insurance business within this state, except fraternals as defined in
s. 614.01, shall pay into the state treasury as an annual license fee for transacting such business the amounts following:
76.65(1)(a)(a) If such insurer is organized under the laws of this state, it shall pay as an annual license fee 3.5% upon its gross income from all sources for the preceding calendar year except interest required to provide and maintain reserves according to the laws of this state, and except premiums collected on policies of insurance and contracts for annuities. No domestic insurer shall, however, in any year pay in the aggregate for license fee as prescribed in this paragraph an amount in excess of the annual license fee which would have been payable by it in such year under
sub. (2) had it been operating as a foreign insurer subject to
sub. (2). Any domestic insurer having in excess of $750,000,000 of insurance in force as of December 31 of the preceding calendar year, excluding therefrom any reinsurance assumed on which premium taxes are payable by the ceding insurer, shall not pay less in the aggregate for a license fee as prescribed in this paragraph than the amount of the annual license fee which would have been payable by it in such year under
sub. (2) had it been operating as a foreign insurer subject to
sub. (2). Payments under this paragraph shall be made annually on or before March 1.
76.65(1)(b)
(b) In computing the fee under
par. (a), the amount of such gross income shall, after deducting the excepted portions thereof, be multiplied by a fraction the numerator of which is the net investment income applicable to life insurance and annuities and the denominator of which is the total net investment income, as set forth in the annual statement forms for such year as approved by the commissioner of insurance.
76.65(2)
(2) Foreign insurers. If any such insurer is organized outside of this state, it shall pay into the state treasury, as such annual license fee, 2% upon the excess of the gross premiums received in money or otherwise during the preceding calendar year on all policies or contracts of insurance on the lives of residents of this state after deducting all sums apportioned to premium paying policies on the lives of residents of this state from annual distribution of profits, savings, earnings or surplus which before the expiration of the calendar year next succeeding such apportionment have been either paid in cash or applied in part payment of premiums.
76.65 History
History: 1971 c. 215,
289;
1975 c. 373;
1979 c. 102 s.
25; Stats. 1979 s. 76.65;
1981 c. 20.
76.65 Annotation
Life insurance policy dividends left with the insurance to accumulate at interest beyond the expiration of the calendar year are not to be treated as dividends "paid in cash" under 76.34 (2), Stats. 1969 [now 76.65]. Because of long-standing administrative construction, current dividends applied to purchase additional paid-up insurance are not reportable as gross premiums and thus, not taxable under 76.34 (2). Accumulated dividends so applied are reportable and taxable. 59 Atty. Gen. 152.
76.66
76.66
Retaliatory taxation of nondomestic insurers. 76.66(1)(1) In this section, "taxes" means the taxes imposed on nondomestic insurers under
ss. 76.60,
76.63,
76.65 (2) and
601.93 less offsets allowed against those taxes under
s. 646.51 (7) or the amounts imposed on domestic insurers by another state or foreign country for similar purposes.
76.66(2)
(2) If another state or foreign country requires a domestic insurer doing business in that state or country to pay taxes greater in the aggregate than the aggregate amount of taxes that a nondomestic insurer doing business in this state would pay, each insurer domiciled in that state or foreign country shall pay to this state for the same year the amount that a domestic insurer doing a similar business would be required to pay to the other state or foreign country.
76.66 History
History: 1979 c. 102 s.
26; Stats. 1979 s. 76.66;
1983 a. 27;
1989 a. 31.
76.66 Annotation
Section 646.51 (7) is applicable to franchise taxes, income taxes, and fire department dues. Only Wisconsin's assessments are used for offsets against Wisconsin taxes. If assessments are reimbursed, the tax credit should be recaptured.
72 Atty. Gen. 17.
76.67
76.67
Reciprocal taxation of foreign insurers. 76.67(1)
(1) In this section, "taxes" means the taxes imposed on foreign insurers under
ss. 76.60,
76.63,
76.65 (2) and
601.93 less offsets allowed against those taxes under
s. 646.51 (7) or the amounts imposed on domestic insurers by another state for similar purposes.
76.67(2)
(2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credit under
s. 76.635, except that the amount imposed shall not be less than the total of the amounts due under
ss. 76.65 (2) and
601.93 and, if the insurer is subject to
s. 76.60,
0.375% of its gross premiums, as calculated under
s. 76.62, less offsets allowed under
s. 646.51 (7) or under
s. 76.635 against that total, and except that the amount imposed shall not be less than the amount due under
s. 601.93.
76.68
76.68
License; issuance; collection of fees. 76.68(1)
(1) Every license issued under this subchapter and
chs. 600 to
646 shall certify that payment of the license fee or tax and the fee required by
s. 601.31 (1) (b) has been made, be signed by the commissioner of insurance and be in a form approved by the attorney general.
76.68(2)
(2) No suit may be brought to restrain or enjoin the collection of any license fee or tax imposed or provided for by this subchapter, and the fees required by
s. 601.31. Any insurer aggrieved by the payment of any such license or other fee or tax may maintain a suit against the state for the recovery thereof in the circuit court for Dane County within 6 months from the time of the payment. The state may be served in the suit as provided in
s. 801.11 (3).
76.68(3)
(3) No action may be commenced to compel the issuance of the certificate of authority provided for by
chs. 600 to
646 until the license fee imposed by this subchapter and the fees under
s. 601.31 have been fully paid.
76.68(4)
(4) The attorney general shall institute suit in the circuit court for Dane County to recover any license fees or tax not paid within the time prescribed by this subchapter, and the fees required by
s. 601.31. Nothing in this subsection shall be construed as amending or modifying in any respect
ch. 775.
76.68 History
History: 1971 c. 40 s.
93;
1971 c. 260; Sup. Ct. Order,
67 Wis. 2d 585, 773 (1975);
1977 c. 339;
1979 c. 32 s.
92 (5);
1979 c. 89 s.
543;
1979 c. 102 ss.
26,
237;
1979 c. 177; Stats. 1979 s. 76.68.
76.69
76.69
Deduction for personal property taxes. Any domestic insurer may deduct from the license fee imposed on the insurer for any year under
s. 76.65 (1) an amount equal to one-half of the general property taxes paid for the previous year on personal property in this state which is used in the operation of its business and not held primarily for investment purposes, but no such deduction may exceed 25% of the license fee.
76.69 History
History: 1971 c. 289;
1979 c. 102 s.
26; Stats. 1979 s. 76.69.
TELEPHONE COMPANY TAX
76.80
76.80
Definitions. In this subchapter:
76.80(1)
(1) "Department" means the department of revenue.
76.80(3)
(3) "Telecommunications services" means the transmission of voice, video, facsimile or data messages, including telegraph messages, except that "telecommunications services" does not include cable television, radio, one-way radio paging or transmitting messages incidental to transient occupancy in hotels, as defined in
s. 254.61 (3).
76.80(4)
(4) "Telephone company" means any person that provides to another person telecommunications services, including the resale of services provided by another telephone company. "Telephone company" does not include a person who operates a private shared telecommunications system, as defined in
s. 196.201 (1), and who is not otherwise a telephone company.
76.80 History
History: 1995 a. 351 ss.
17,
18,
32.
76.81
76.81
Imposition. There is imposed a tax on the real property of, and the tangible personal property of, every telephone company, excluding property that is exempt from the property tax under
s. 70.11 (39), motor vehicles that are exempt under
s. 70.112 (5) and treatment plant and pollution abatement equipment that is exempt under
s. 70.11 (21) (a). Except as provided in
s. 76.815, the rate for the tax imposed on each description of real property and on each item of tangible personal property is the net rate for the prior year for the tax under
ch. 70 in the taxing jurisdictions where the description or item is located.
76.81 History
History: 1995 a. 351;
1997 a. 237.
76.815
76.815
Combined reporting. For taxes payable in 1998 and 1999, telephone companies that have more than 150,000 access lines in this state may submit a combined report of their items of personal property. Any company that does so shall pay the tax on those items at a rate that reflects the company's weighted average property tax rate based on the value and location of its real property in this state.
76.815 History
History: 1995 a. 351.
76.82
76.82
Assessment. The department, using the methods that it uses to assess property under
s. 70.995, shall assess the property that is taxable under
s. 76.81, including property that is exempt under
s. 70.11 (27) from the tax under
ch. 70, at its value as of January 1.
76.82 History
History: 1995 a. 351.
76.83
76.83
Report; payment. On or before March 1, every telephone company shall send to the department a completed form that the department prescribes. Upon written request, the department may extend the time for filing the report by no more than 30 days. The requirements for payment of taxes under
s. 76.13 (2a), as they apply to the tax under
subch. I, apply to the tax under this subchapter.
76.83 History
History: 1995 a. 351.
76.84
76.84
Administration. 76.84(1)(1) On or before October 1, the department shall notify each telephone company that is subject to the tax under
s. 76.81 of the assessed value of its property.
76.84(2)
(2) On or before November 1, the department shall notify each telephone company that is subject to the tax under
s. 76.81 of the amount of that tax.
76.84(4)
(4) Sections 76.03 (4),
76.05,
76.06,
76.075,
76.08,
76.09,
76.13 (1),
(2) and
(3),
76.14,
76.18,
76.22,
76.23,
76.25 and
76.28 (4) to
(6), as they apply to the tax under
subch. I, apply to the tax under this subchapter.
76.84 History
History: 1995 a. 351;
1997 a. 27.
TRANSITIONAL ADJUSTMENT FEE
76.90
76.90
Definitions. In this subchapter:
76.90(3)
(3) "Department" means the department of revenue.
76.90 History
History: 1995 a. 351;
1997 a. 27.
76.91(1)(1) For 1999 and 2000, there is imposed on each person that is licensed by the federal communications commission to provide commercial mobile service and on each person that, on June 6, 1996, provides basic local exchange service a transitional adjustment fee. Taxpayers shall pay the tax during May 1998, November 1998, May 1999, November 1999 and May 2000. For each month that a fee is due under this subchapter, the taxpayer shall pay to the department an amount calculated as follows:
76.91(1)(a)
(a) Determine the amount that the taxpayer would pay during that month, taking into account the reconciliation of the previous year's estimated payments, if the taxpayer were assessed the tax under s.
76.38, 1993 stats., at a rate of 5.77%.
76.91(1)(b)
(b) Subtract from the amount under
par. (a) the taxpayer's payment during that month of the tax under
subch. IV.
76.91(1m)
(1m) If the amount calculated under
sub. (1) is a negative amount and the taxpayer's annual gross revenue under s.
76.38, 1993 stats., is less than $10,000,000, the taxpayer may claim a credit against the fee imposed under this subchapter as follows:
76.91(1m)(a)
(a) For the transitional adjustment fee paid for 1999, the taxpayer may consider the negative amount calculated under
sub. (1) to be a positive amount and may claim a credit in an amount equal to 60% of the positive amount.
76.91(1m)(b)
(b) For the transitional adjustment fee paid for the year 2000, the taxpayer may consider the negative amount calculated under
sub. (1) to be a positive amount and may claim a credit in an amount equal to 40% of the positive amount.
76.91(2)
(2) If a person that is licensed by the federal communications commission to provide commercial mobile service in this state is a telephone company under s.
76.02 (9u), 1993 stats., on June 6, 1996, the calculation of the fee under this subchapter is limited to that person's activities as a provider of commercial mobile service in this state.
76.92
76.92
Report; payment. On or before March 1, every taxpayer that is subject to the fee under this subchapter shall send to the department a completed form that the department prescribes. Upon written request, the department may extend the time for filing the report by no more than 30 days.
76.92 History
History: 1995 a. 351.
76.93
76.93
Administration. 76.93(1)(1) On or before May 1, the department shall notify each taxpayer that is subject to the fee under
s. 76.91 of the amount of that fee.
76.93(2)
(2) Sections 76.03 (4),
76.04 (1),
76.05,
76.06,
76.14,
76.18,
76.22,
76.24 (1),
76.25 and
76.28 (4) to
(6), as they apply to the tax under
subch. I, apply to the fee under this subchapter.
76.93 History
History: 1995 a. 351.
