Ch. 74 Note
NOTE: 1987 Wisconsin Act 378, which repealed and recreated Chapter 74, contains notes explaining the revision.
DEFINITIONS
74.01
74.01
Definitions. In this chapter:
74.01(1)
(1) "General property taxes" means taxes levied upon general property, as defined in
s. 70.02, and measured by the property's value.
74.01(2)
(2) "Proportionate share of general property taxes", for any taxing jurisdiction, means the amount resulting from multiplying the total general property tax levy of the taxing jurisdiction, as reflected in the tax roll, by the percentage which results from dividing:
74.01(2)(a)
(a) The amount of general property taxes collected by the taxation district treasurer or county treasurer, through the last day of the month preceding the date upon which settlement is required, minus amounts previously settled or settled in full, by
74.01(2)(b)
(b) The amount of the total general property taxes levied on the taxation district tax roll.
74.01(3)
(3) "Special assessment" means an amount entered in the tax roll as an assessment against real property to compensate for all or part of the costs of public work or improvements which benefit the property. "Special assessment" includes any interest and penalties assessed for nonpayment of the special assessment before it is placed in the tax roll.
74.01(4)
(4) "Special charge" means an amount entered in the tax roll as a charge against real property to compensate for all or part of the costs to a public body of providing services to the property. "Special charge" includes any interest and penalties assessed for nonpayment of the special charge before it is placed in the tax roll. "Special charge" also includes penalties under
s. 70.995 (12).
74.01(5)
(5) "Special tax" means any amount entered in the tax roll which is not a general property tax, special assessment or special charge. "Special tax" includes any interest and penalties assessed for nonpayment of the tax before it is placed in the tax roll and any charge under
s. 287.093 (1) (a) 2. that is placed on the tax roll under
s. 287.093 (2).
74.01(6)
(6) "Taxation district" means a city, village or town or, if a city or village lies in more than one county, that portion of the city or village which lies within a county.
74.01(7)
(7) "Taxing jurisdiction" means any entity authorized by law to levy taxes on general property which is located within its boundaries.
COMMENCEMENT OF COLLECTION PROCESS
74.03
74.03
Delivery of tax rolls. 74.03(1)
(1) Except as provided in
sub. (2), the clerk of the taxation district shall transfer the tax roll, prepared under
s. 70.65, to the treasurer of the taxation district by December 8.
74.03(2)
(2) The clerk of the taxation district shall transfer the tax roll, prepared under
s. 70.65, to the treasurer of the taxation district by the 3rd Monday in December if the taxation district has in effect a policy under which it issues a check for the excess of the amount escrowed by a taxpayer and paid to the taxation district by December 31 over the amount of taxes due within 15 business days after the amount is paid to the taxation district.
74.03 History
History: 1987 a. 378;
1997 a. 315.
74.05
74.05
Correction of tax roll information. 74.05(1)
(1)
Definition. In this section, "error in the tax roll" means an error in the description of any real or personal property, in the identification of the owner or person to whom the property is assessed or in the amount of the tax or an error resulting from a palpably erroneous entry in the assessment roll.
74.05(2)
(2) Duty to correct. If the taxation district treasurer discovers an error in the tax roll after the tax roll has been transferred under
s. 74.03, the clerk of the taxation district shall correct the error. The clerk shall keep a record identifying the place on the tax roll where each correction is made, briefly describing the correction and specifying the date when the correction was made.
74.05 History
History: 1987 a. 378.
74.07
74.07
Treasurers responsible for collection. The taxation district treasurer and the county treasurer shall collect the general property taxes, special assessments, special taxes and special charges shown in the tax roll.
74.07 History
History: 1987 a. 378.
74.09
74.09
Property tax bill and related information. 74.09(1)(1)
Definition. In this section, "estimated fair market value" means a property's assessed value divided by the assessment ratio of all of the taxable property in the taxation district where the property is located.
74.09(2)
(2) Preparation. The clerk of the taxation district shall prepare the real and personal property tax bills. The form of the property tax bill shall be prescribed by the department of revenue and shall be uniform.
74.09(3)
(3) Required information. The property tax bill shall:
74.09(3)(a)
(a) Include the real property description shown in the tax roll. If the description in the tax roll is longer than the space provided for it on the property tax bill, the bill may include as a substitute for the complete description as much of the description as fits in the space. If an incomplete description is used, the bill shall include a notice to that effect and to the effect that the complete description is contained in the tax roll and may be reviewed.
74.09(3)(b)
(b) Except as provided in
sub. (3m), show all of the following:
74.09(3)(b)1.
1. For real property, the estimated fair market value of the land, except agricultural land, as defined in
s. 70.32 (2) (c) 1g., and the assessed value of the land and the estimated fair market value and assessed value of the improvements.
74.09(3)(b)2.
2. For all property, the total estimated fair market value, except that the estimated fair market value of agricultural land, as defined in
s. 70.32 (2) (c) 1g., shall be excluded, and the total assessed value.
74.09(3)(b)3.
3. The tax levied on the property by the school district where the property is located minus the credit under
s. 79.10 (4) allocable to the property, for the previous year and the current year, and the percentage change in that net tax between those years.
74.09(3)(b)4.
4. The tax levied on the property by each taxing jurisdiction where the property is located, other than the school district, for the previous year and the current year, and the percentage change in each of those taxes between those years.
74.09(3)(b)5.
5. The sum of the taxes levied under
subds. 3. and
4. for the previous year and the current year, and the percentage change in that sum between those years.
74.09(3)(b)6.
6. The amount of the credit under
s. 79.10 (5) allocable to the property for the previous year and the current year, and the percentage change between those years.
74.09(3)(b)7.
7. The amount obtained by subtracting the amount under
subd. 6. from the amount under
subd. 5., for the previous year and the current year, and the percentage change in that amount between those years.
74.09(3)(d)
(d) Indicate whether there are delinquent general property taxes, special taxes, special charges or special assessments allocable to the property.
74.09(3)(f)
(f) Include a notice, prescribed by the department of revenue, of the property tax credits available to taxpayers.
74.09(3)(g)
(g) Include a notice to the effect that the person to whom the bill is sent may request that a copy of the tax receipt prepared under
s. 74.19 be mailed to that person. This paragraph does not apply if the taxation district mails or tenders a tax receipt prepared under
s. 74.19 in all cases of payment of taxes.
74.09(3)(h)
(h) State when the taxes are due and to whom they shall be paid.
74.09(3m)
(3m) Information exception. If the property has a different parcel identification number for the current year than it had for the previous year or if the property is not substantially the same in those years, the property tax bill need not indicate any tax allocable to the property for the previous year or the percentage change in any tax allocable to the property between the previous year and the current year.
74.09(4m)
(4m) Required bill, waiver. Each taxation district shall use a property tax bill that the department of revenue prescribes unless that department permits the district to use another bill that provides the information under
sub. (3).
74.09(5)
(5) Mailing. Each taxing jurisdiction located in the taxation district shall submit all information related to the taxing jurisdiction's property tax levy to the taxation district no later than December 1. No later than the 3rd Monday in December, the taxation district clerk or the clerk's designee shall mail the property tax bill to each property taxpayer of the taxation district or the taxpayer's designee. If the property tax bill is mailed to the taxpayer's designee, the designee shall furnish the taxpayer with a copy of the bill. Failure to meet the deadline under this subsection is not a violation of
s. 946.12 (1).
74.09(6)
(6) Effect of failure to receive. Failure to receive a property tax bill does not affect the validity of the general property taxes, special taxes, special charges and special assessments levied or the collection of delinquent general property taxes, special taxes, special charges and special assessments.
74.09 Cross-reference
Cross Reference: See also s.
Tax 12.073, Wis. adm. code.
74.10
74.10
Agreements on payments. A county and a taxation district in that county may contract under
s. 66.0301 for the county to receive all payments of property taxes for which the taxation district has sent bills under
s. 74.09. A contract under this section may provide for reimbursement to the county of its expenses and shall provide for prompt deposit of the amounts collected into an account of the taxation district and for possession by the taxation district of the interest credited to that account.
74.10 History
History: 1991 a. 39;
1999 a. 150 s.
672.
PAYMENT OF TAXES
74.11
74.11
Dates for payment of taxes, special assessments and special charges. 74.11(1)
(1)
Applicability. General property taxes, special assessments, special charges and special taxes collectible under this chapter are payable as provided in this section, except as provided in
ss. 74.12,
74.125, and
74.87.
74.11(2)
(2) Real property and leased improvement taxes. All taxes on real property and on improvements on leased land shall be paid in one of the following ways:
74.11(2)(b)
(b) In 2 equal installments, unless subject to
sub. (5), with the first installment payable on or before January 31 and the 2nd installment payable on or before July 31.
74.11(3)
(3) Special assessments, special charges and other taxes. All special assessments, special charges and special taxes that are placed in the tax roll shall be paid in full on or before January 31, except that the governing body of a taxation district may, by ordinance, on or before August 15 of the year before the ordinance is effective, authorize the payment of special assessments in installments. That ordinance shall specify that special assessments are due on the same dates and in the same percentages as installments of real property taxes and that if the total special assessment is less than $100, it shall be paid in full on or before January 31.
74.11(4)
(4) Personal property taxes. All taxes on personal property, except those on improvements on leased land, shall be paid in full on or before 5 working days after January 31.
74.11(5)
(5) When no installments. If the total real property tax levied on a parcel of property is less than $100, or if the total property tax levied on an improvement on leased land is less than $100, it shall be paid in full on or before January 31.
74.11(6)(a)(a) Payments made on or before January 31 and payments of taxes on improvements on leased land that are assessed as personal property shall be made to the taxation district treasurer.
74.11(6)(b)
(b) All other payments shall be made to the county treasurer.
74.11(7)
(7) Delinquent first installment. If the first installment of taxes on real property or improvements on leased land is not paid on or before 5 working days after January 31, the entire amount of the taxes remaining unpaid is delinquent as of February 1.
74.11(8)
(8) Delinquent 2nd installment. If the 2nd installment of taxes on real property or improvements on leased land is not paid on or before 5 working days after July 31, the entire amount of the taxes remaining unpaid is delinquent as of August 1 and interest and penalties are due under
sub. (11).
74.11(10)(a)(a) If all special assessments, special charges, special taxes and personal property taxes due under
sub. (3) or
(4) are not paid in full on or before the due date, the amounts unpaid are delinquent as of the day after the due date of the first installment or of the lump-sum payment.
74.11(10)(b)
(b) If any special assessments, special charges and special taxes are entered in the tax roll as charges against a parcel of real property and are delinquent under
par. (a), the entire annual amount of real property taxes on that parcel which is unpaid is delinquent as of the day after the due date of the first installment or of the lump-sum payment.
74.11(11)
(11) Payment of delinquent payments, interest and penalty. 74.11(11)(a)(a) All real property taxes, special charges and special taxes that become delinquent shall be paid, together with interest and penalties charged from the preceding February 1, to the county treasurer. All special assessments that become delinquent shall be paid, together with interest and penalties charged from the day after the due date of the first installment or of the lump-sum payment.
74.11(11)(b)
(b) All personal property taxes that become delinquent shall be paid, together with interest and penalties charged from the preceding February 1, to the taxation district treasurer.
74.11(12)(a)(a) Except as provided in
pars. (c) and
(d), if a taxation district treasurer or county treasurer receives a payment from a taxpayer which is not sufficient to pay all amounts due, the treasurer shall apply the payment to the amounts due, including interest and penalties, in the following order:
74.11(12)(b)
(b) The allocation under
par. (a) 1g. to
4. is conclusive for purposes of settlement under
ss. 74.23 to
74.29 and for determining delinquencies under this section.
74.11(12)(c)
(c) Paragraph (a) is not applicable to settlements with respect to payments received by a county treasurer after the county has settled in full for special charges, special assessments, special taxes and real property taxes.
74.11(12)(d)
(d) A treasurer, upon receipt of a written request by a taxpayer to do so, shall apply any remaining portion of the payment to personal property taxes after satisfying all other amounts due.
74.12
74.12
Multiple installments payment option. 74.12(1)(a)(a) The governing body of any taxation district, except a taxation district under
s. 74.87, may, by ordinance, authorize the payment of taxes on real property and improvements on leased land or special assessments or both those taxes and assessments in 3 or more installments. An ordinance enacted under this paragraph, or any repeal of, or amendment to, such an ordinance applies to the collections of a calendar year only if it is enacted on or before August 15 of the preceding calendar year.
