76.07(4g)(b)1.
1. Determine the depreciated original cost of the real and tangible personal property owned or rented by the company in this state and used in the operation of the company's business.
76.07(4g)(b)2.
2. Determine the depreciated original cost of the company's migratory tangible personal property owned or rented by the company and used in the operation of the company's business.
76.07(4g)(b)3.
3. Multiply the amount under
subd. 2. by a fraction the numerator of which is the total of flight hours in this state and the denominator of which is the flight hours everywhere.
76.07(4g)(b)5.
5. Divide the amount under
subd. 4. by the depreciated original cost of the real and tangible personal property owned or rented by the company everywhere and used in the operation of the company's business.
76.07(4g)(b)7.
7. Determine transport revenue by adding revenue received for transporting passengers and property on flights either originating at, or connecting at, airports in this state.
76.07(4g)(b)8.
8. Determine transport-related revenue by adding public service revenue allocated to this state on the basis of routes for which the company is authorized to receive subsidy payments, mutual aid allocated to this state on the basis of the ratio of transport revenues allocated to this state to transport revenues everywhere in the previous year, in-flight sales allocated to this state as they are allocated under
s. 77.51 (14r) and all other transport-related revenues from sales made in this state.
76.07(4g)(b)9.
9. Divide the sum of the amounts under
subds. 7. and
8. by the transport and transport-related revenues everywhere.
76.07(4g)(b)11.
11. Determine the tons of revenue passengers and revenue cargo first received either as originating traffic or as connecting traffic in this state or finally discharged by the company in this state.
76.07(4g)(b)12.
12. Determine the tons of revenue passengers and revenue cargo received or finally discharged at airports everywhere.
76.07(4g)(b)16.
16. Multiply the fraction under
subd. 15. by the full market value of the company's property everywhere.
76.07(4g)(c)
(c)
Natural gas pipelines. For natural gas pipelines, except liquefied gas pipelines:
76.07(4g)(c)1.
1. Determine the gross cost of gas plant in service in this state, except motor vehicles exempt from the property tax under
s. 70.112 (5), and of all other property owned or rented by the company and used in the operation of the company's business in this state and included in the base for purposes of rate regulation by the federal energy regulatory commission.
76.07(4g)(c)2.
2. Determine the gross cost of gas plant in service everywhere, except motor vehicles specified under
s. 70.112 (5), and of all other property owned or rented by the company and used in the operation of the company's business everywhere and included in the base for purposes of rate regulation by the federal energy regulatory commission.
76.07(4g)(c)4.
4. Multiply the fraction under
subd. 3. by the full market value of the company's property everywhere.
76.07(4g)(d)
(d)
Other pipeline companies. For pipeline companies except those under
par. (c):
76.07(4g)(d)1.
1. Determine the gross cost of line of pipe owned or rented by the company and used in the operation of the company's business in this state.
76.07(4g)(d)2.
2. Determine the gross cost of line of pipe owned or rented by the company and used in the operation of the company's business everywhere.
76.07(4g)(d)6.
6. Determine the barrel miles transported in this state.
76.07(4g)(d)10.
10. Determine the number of barrels received and delivered in this state.
76.07(4g)(d)11.
11. Determine the number of barrels received and delivered everywhere.
76.07(4g)(d)15.
15. Determine the gross cost of all property owned or rented by the company and used in the company's business everywhere.
76.07(4g)(d)18.
18. Determine the gross cost of property owned or rented by the company and used in the operation of the company's business other than pipe in this state.
76.07(4g)(d)19.
19. Determine the gross cost of all property owned or rented by the company and used in the operation of the company's business everywhere.
76.07(4g)(d)22.
22. Multiply the fraction under
subd. 21. by the full market value of the company's property everywhere.
76.07(4r)
(4r) Adjustment of factors. In making the determinations under
sub. (4g), the department may adjust any factor or use any other factor in order to reflect more accurately the company's property in this state if in the department's judgment the factor or combination of factors does not produce a substantially just and correct determination or if during the 12 months preceding the assessment date any of the following conditions applies:
76.07(4r)(a)
(a) The company began operating in this state and the results of its operations during the first year materially distort the allocation of property to this state.
76.07(4r)(b)
(b) The company's service was interrupted so that the allocation of property to this state is materially distorted.
76.07(4r)(c)
(c) The company acquired or disposed of assets having a substantial value that are situated so as materially to distort the allocation of property to this state.
76.07(4r)(d)
(d) Another event occurred which materially distorted the allocation of property to this state.
76.07(5)(a)(a) The full market value of the operating property of a company listed in
s. 76.01 shall be determined by applying recognized appraisal methods, which may include, but are not limited to, the capitalized income, cost, and stock and debt indicators of value, regardless of the method of accounting for legitimate business purposes used by the taxpayer. The department shall give due consideration to generally accepted accounting principles and regulated accounting practices.
76.07(5)(b)
(b) The department shall promulgate rules relating to the general principles of the indicators of value under
par. (a).
76.07 Cross-reference
Cross Reference: See also s.
Tax 6.50, Wis. adm. code.
76.07 Annotation
A railroad's working capital was properly assessed as operating property. The valuation of railroads is discussed. Soo Line Railroad Co. v. DOR,
97 Wis. 2d 56,
292 N.W.2d 869 (1980).
76.075
76.075
Adjustments of assessments. Within 4 years after the due date, or extended due date, of the report under
s. 76.04, any person subject to taxation under this subchapter may request the department to make, or the department may make, an adjustment to the data under
s. 76.07 (4g) or
(4r) submitted by the person. If an adjustment under this section results in an increase in the tax due under this subchapter, the person shall pay the amount of the tax increase plus interest on that amount at the rate of 1% per month from the due date or extended due date of the report under
s. 76.04 until the date of final determination and interest at the rate of 1.5% per month from the date of final determination until the date of payment. If an adjustment under this section results in a decrease in the tax due under this subchapter, the department shall refund the appropriate amount plus interest at the rate of 0.75% per month from the due date or extended due date under
s. 76.04 until the date of refund.
Sections 71.74 (1) and
(2) and
71.75 (6) and
(7), as they apply to income and franchise tax adjustments, apply to adjustments under this section. Review of the adjustments is as stated in
s. 76.08.
76.075 History
History: 1989 a. 31.
76.08
76.08
Review of assessment. 76.08(1)
(1) Notice of the assessments determined under
s. 76.07 and of adjustments under
s. 76.075 shall be given by certified mail to each company the property of which has been assessed, and the notice of assessment shall be mailed on or before the assessment date specified in
s. 76.07 (1). Any company aggrieved by the assessment or adjustment of its property thus made may have its assessment or adjustment redetermined by the Dane County circuit court if within 30 days after notice of assessment or adjustment is mailed to the company under
s. 76.07 (3) an action for the redetermination is commenced by filing a summons and complaint with that court, and service of authenticated copies of the summons and complaint is made upon the department of revenue. No answer need be filed by the department and the allegations of the complaint in opposition to the assessment or adjustment shall be deemed denied. Upon the filing of the summons and complaint the court shall set the matter for hearing without a jury. If the plaintiff fails to file the summons and complaint within 5 days of service upon the department, the department may file a copy thereof with the court in lieu of the original. The department may be named as the defendant in any such action and shall appear and be represented by its counsel in all proceedings connected with the action but, on the request of the secretary of revenue, the attorney general may participate with or serve in lieu of departmental counsel. In an action for redetermination of an adjustment, only the issues raised in the department's adjustment under
s. 76.075 may be raised.
76.08(2)
(2) If as the result of an action pursuant to
sub. (1) the assessment as found by the department is increased by the court, any resulting increase in the tax shall be collected upon final determination of the action as other taxes levied and assessed under
ss. 76.01 to
76.26 are collected.
76.08 History
History: 1971 c. 125 s.
521; Sup. Ct. Order,
67 Wis. 2d 585, 751 (1975);
1977 c. 449;
1989 a. 31.
76.08 Note
Judicial Council Committee Note, 1974: Sub. (1) amended to conform to the new mode of commencement of action under s. 801.02. As amended, this section would require both the filing and the service on the department within 30 days after the mailing of the notice of assessment. [Re Order effective Jan. 1, 1976]
76.09
76.09
Assessment of omitted property. Any property subject to assessment under this subchapter which has been omitted from assessment or which has not been included in any assessment already made in any of the 5 next previous years by mistake or inadvertence unless previously reassessed for the same year or years, shall be entered by the department upon its assessment and tax roll once additionally for each year so omitted, designating each additional entry as omitted for the year of omission and fixing the valuation and tax to each entry for a former year as the same should then have been assessed according to the best judgment of the department. The proceedings related to an assessment under this section shall be had and hearings given as far as practicable in accordance with this subchapter.
76.09 History
History: 1979 c. 102 s.
236 (1);
1995 a. 225.
76.09 Annotation
A decision based on a view of law that is subsequently overturned is not a mistake under this section. Wisconsin Central Limited v. DOR, 2000 WI App 14,
232 Wis. 2d 323,
606 N.W.2d 226,
99-0194.
76.10
76.10
Review of state assessment; notice of hearing; decision; time limits; notice of decision; action to review decision; error adjusted. 76.10(1)
(1) Every company defined in
s. 76.02 shall, on or before October 1 in each year, be entitled, on its own motion, to present evidence before the department relating to the state assessment made in the preceding year pursuant to
s. 70.575. On request, in writing, for such hearing or presentation, the department shall fix a time therefor within 60 days after such application is filed, the same to be conducted in such manner as the department directs. Notice of such hearing shall be mailed to any company requesting a hearing and shall be published in the official state paper. Within 30 days after the conclusion of such hearing the department shall enter an order either affirming the state assessment or ordering correction thereof as provided in
sub. (2). A copy of such order shall be sent by certified mail to the company or companies requesting such hearing and to any interested party who has made an appearance in such proceeding. The department may, on its own motion, correct such state assessment. Any company having filed application for review of the state assessment pursuant to this section, or any other interested party participating in such hearing, if aggrieved by the order entered by the department, may bring an action in the circuit court for Dane County within 30 days after the entry of such order to have said order set aside and a redetermination made of the state assessment. In any such action or in any hearing before the department pursuant to this section, any interested party may appear and be heard. An interested party includes any division of government whose revenues would be affected by any adjustment of the state assessment.
76.10(2)
(2) Whenever, in reviewing the valuation of the general property of the state, under the provisions of this section, the department shall determine that the valuation last made by it of the general property of the state under
s. 70.575 was too high or too low, it shall adjust the next state assessment to correct such error; and any mistake discovered in any return, either by omission or otherwise, of any tax reported, or because of failure to report, shall be considered by the department in fixing the average tax rate for the year following, by adding to or deducting from the total tax returned the amount of such mistake or omission.
76.11
76.11
Aggregate of all general property taxes. 76.11(1)
(1) The department on or before August 15, upon returns from the secretary of state or from county, town, city and village officers, or both, shall ascertain and determine the aggregate tax in the whole state for state, county and local purposes levied on the general property of the state, excluding special assessments on property for local improvements, and when the aggregate of all taxes, state, county and local consolidated is thus ascertained and determined, the amount thereof shall be entered on the records of the department.
76.11(2)
(2) When the officers of any county, town, city or village shall have failed to return the amount of state, county and local taxes, levied on property therein within the time required by law, the department may inspect and examine or cause an inspection and examination of the records of such officers, to procure the required information, and when no return is made and no information can be procured, the state, county and local taxes levied in such town, city or village in the prior year may be used in determining the aggregate taxes specified in
sub. (1). Any county, town, city or village officer who shall fail to make the report or reports required by this subchapter shall be subject to a penalty of not less than $25 nor more than $150, to be recovered in a proper action in the name of the state of Wisconsin in any court of competent jurisdiction; and any expense necessarily incurred by the department in procuring the information not reported as required by law by any such officer shall be a special charge against the county, town, city or village whose officer shall have so failed to furnish the required information and shall be collected in the same manner as other special charges.
76.11 History
History: 1979 c. 102 s.
236 (1);
1985 a. 29.
76.125
76.125
Net tax rate for commercial and manufacturing property. 76.125(1)(1) Using the statement of assessments under
s. 70.53 and the statement of taxes under
s. 69.61, the department shall determine the net rate of taxation of commercial property under
s. 70.32 (2) (a) 2., of manufacturing property under
s. 70.32 (2) (a) 3. and of personal property under
s. 70.30 as provided in
subs. (2) to
(6). The department shall enter that rate on the records of the department.
76.125(2)
(2) For each taxation district add the assessed values of the property specified in
sub. (1).
76.125(3)
(3) Multiply the amount under
sub. (2) by the taxation district's net tax rate.
76.125(4)
(4) Add the amounts under
sub. (3) for all taxation districts.
76.125(5)
(5) Determine the value, as equalized under
s. 70.57, of all the property in this state of the types specified in
sub. (1).
76.125(6)
(6) Divide the amount under
sub. (4) by the amount under
sub. (5).
76.126
76.126
Average net rate of taxation. The department shall compute the average net rate of taxation by subtracting the aggregate state property tax credits paid under
s. 79.10 from the aggregate tax determined under
s. 76.11 and dividing that result by the state assessment of the general property of the state upon which those taxes were levied. The department shall enter that rate upon the department's records.
76.126 History
History: 1987 a. 399.
76.13
76.13
Levy; tax roll; lien. 76.13(1)
(1) The department shall compute and levy a tax upon the property of each company defined in
s. 76.02, as assessed in the manner specified in
ss. 76.07 and
76.08, at the average net rate of taxation determined under
s. 76.126. The amount of tax to be paid by each such company shall be extended upon a tax roll opposite the description of the property of the respective companies. The tax rolls for all companies required to be assessed on or before August 1 in each year under
s. 76.07 (1) shall be completed on or before August 10, and for all companies required to be assessed on or before September 15 in each year under
s. 76.07 (1) shall be completed on or before October 1; and the department shall thereupon attach to each such roll a certificate signed by the secretary of revenue, which shall be as follows:
"I hereby certify that the foregoing tax roll includes the property of all railroad companies, sleeping car companies, air carrier companies, conservation and regulation companies or pipeline companies, as the case may be, defined in
s. 76.02, liable to taxation in this state; that the valuation of the property of each company as set down in said tax roll is the full market value thereof as assessed by the department of revenue, except as changed by court judgment, and that the taxes thereon charged in said tax roll have been assessed and levied at the average net rate of taxation in this state, as required by law".
76.13(2)
(2) Every tax roll upon completion shall be delivered to the secretary of administration. The department shall notify, by certified mail, all companies listed on the tax roll of the amount of tax due, which shall be paid to the department. The payment dates provided for in
sub. (2a) shall apply. The payment of one-fourth of the tax of any company may, if the company has brought an action in the Dane County circuit court under
s. 76.08, be made without delinquent interest as provided in
s. 76.14 any time prior to the date upon which the appeal becomes final, but any part of the tax ultimately required to be paid shall bear interest from the original due date to the date the appeal became final at the rate of 12% per year and at 1.5% per month thereafter until paid. The taxes extended against any company after the same become due, with interest, shall be a lien upon all the property of the company prior to all other liens, claims, and demands whatsoever, except as provided in
ss. 292.31 (8) (i) and
292.81, which lien may be enforced in an action in the name of the state in any court of competent jurisdiction against the property of the company within the state as an entirety.
76.13(2a)
(2a) Taxes levied under this section shall be paid to the department in semiannual installments, on May 10 and November 10, on a partially estimated basis. The May 10 payment shall be at least 50% of the total tax assessed for the previous calendar year or 40% of the tax assessed for the current calendar year. Any amounts not paid when due shall become delinquent and shall be subject to interest under
s. 76.14. The payment of 25% of the tax of any company may, if the company has brought an action in the Dane County circuit court under
s. 76.08, be made without delinquent interest as provided in
s. 76.14 any time prior to the date upon which the appeal becomes final, but any part thereof ultimately required to be paid shall bear interest from the original due date to the date the appeal becomes final at the rate of 12% per year and at 1.5% per month thereafter until paid. Companies with a tax liability under this section of less than $2,000 are not required to make semiannual payments but shall pay the full amount of taxes due on or before November 10.
76.13(3)
(3) If the Dane County circuit court, after such roll is delivered to the secretary of administration, increases or decreases the assessment of any company, the department shall immediately redetermine the tax of the company on the basis of the revised assessment, and shall certify and deliver the revised assessment to the secretary of administration as a revision of the tax roll. If the amount of tax upon the assessment as determined by the court is less than the amount paid by the company, the secretary of administration shall refund the excess to the company with interest at the rate of 9% per year. If the amount of the tax upon the assessment as determined by the court is in excess of the amount of the tax as determined by the department, interest shall be paid on the additional amount at the rate of 12% per year from the date of entry of judgment to the date the judgment becomes final, and at 1.5% per month thereafter until paid.
