71.09 Cross-reference
Cross-reference: See also s.
Tax 2.89, Wis. adm. code.
71.09(10)
(10) Overpayment. When the amount of an installment payment of estimated tax exceeds the amount determined to be the correct amount of such installment payment, the overpayment shall be credited against the unpaid installment, if any.
71.09(11)
(11) Exceptions to interest. No interest is required under
s. 71.84 (1) if any of the following conditions apply:
71.09(11)(a)
(a) The tax shown on the return or, if no return is filed, the tax, minus amounts withheld under
subch. X, is less than $200.
71.09(11)(b)
(b) The preceding taxable year was 12 months, the taxpayer had no liability under
s. 71.02 or
71.08 for that year and the taxpayer was a resident of this state for all of that year.
71.09(11)(c)
(c) The secretary of revenue determines that because of casualty, disaster or other unusual circumstances it is not equitable to impose interest.
71.09(11)(d)
(d) The secretary of revenue determines that the taxpayer retired during the taxable year or during the preceding taxable year after having attained age 62 or becoming disabled except that this paragraph does not apply upon a showing by the department under
s. 73.16 (4).
71.09(11)(e)
(e) For taxable years beginning after December 31, 2008, the taxpayer qualifies for a federal extension of time to file under
26 USC 7508A due to a presidentially declared disaster or terroristic or military action.
71.09(11)(f)
(f) The taxpayer has underpaid the taxpayer's estimated taxes due to the change in brackets under
s. 71.06 (1p) (e) and
(2) (g) 5. and
(h) 5. This paragraph applies only in the first taxable year to which these bracket changes apply.
71.09(12)
(12) Installment due dates. Taxpayers shall make estimated payments in 4 installments, on or before the 15th day of each of the following months:
71.09(13)(a)(a) Except as provided in
pars. (b),
(c) and
(d), the amount of each installment required under
sub. (12) is 25% of the lower of the following amounts:
71.09(13)(a)1.
1. Ninety percent of the tax shown on the return for the taxable year or, if no return is filed, 90% of the tax for the taxable year.
71.09(13)(a)2.
2. The tax shown on the return for the preceding year. If a husband and wife who filed separate returns for the preceding taxable year file a joint return, the tax shown on the return for the preceding year is the sum of the taxes shown on the separate returns of the husband and wife. If a husband and wife who filed a joint return for the preceding taxable year file separate returns, the tax shown on the return for the preceding year is the husband's or wife's proportion of that tax based on what their respective tax liabilities for that year would have been had they filed separately.
71.09(13)(b)
(b) Paragraph (a) 2. does not apply if the preceding taxable year was less than 12 months or if the taxpayer did not file a return for the preceding taxable year.
71.09(13)(c)
(c) Paragraph (a) 2. does not apply if the taxpayer is an estate or trust and has a taxable income of $20,000 or more.
71.09(13)(d)
(d) If 22.5% for the first installment, 45% for the 2nd installment, 67.5% for the 3rd installment and 90% for the 4th installment of the tax for the taxable year computed by annualizing, under methods prescribed by the department of revenue, the taxpayer's income for the months in the taxable year ending before the installment's due date is less than the installment required under
par. (a), the taxpayer may pay the amount under this paragraph rather than the amount under
par. (a). Any taxpayer who pays an amount calculated under this paragraph shall increase the next installment computed under
par. (a) by an amount equal to the difference between the amount paid under this paragraph and the amount that would have been paid under
par. (a). The income of any estate or trust for the months in the taxable year ending before the date one month before the due date for the installment shall be annualized in calculating the installments under this paragraph.
71.09(14)
(14) Exception to final installment. If a taxpayer files a return for a calendar year on or before January 31 of the succeeding calendar year (or if a taxpayer on a fiscal year basis files a return on or before the last day of the first month immediately succeeding the close of such fiscal year) and pays in full at the time of such filing the amount computed on the return as payable, then, if estimated taxes are not required to be paid on or before the 15th day of the 9th month of the taxable year but are required to be paid on or before January 15 of the succeeding taxable year (or the date corresponding thereto in the case of a fiscal year), such return shall be considered as such payment.
71.09(15)(a)(a) Any individual deriving income from wages, as defined in
s. 71.63 (6), which is subject to taxation under this chapter who pays 100% of the estimated tax for the following calendar or taxable year on or before the last day of the current calendar or taxable year is entitled to complete exemption from payroll withholding under
subch. X for such following calendar or taxable year.
71.09(15)(b)
(b) No employer shall recognize exemption from payroll withholding for any employee who does not furnish a certificate prepared by the department of revenue satisfactorily showing that the employee has paid the estimated tax within the time and manner prescribed in this subsection with respect to the calendar or taxable year for which such exemption is sought.
71.09(15)(c)
(c) So far as applicable the additions to tax prescribed in this section shall apply to estimated taxes paid under this subsection.
71.09(15)(d)
(d) No employer shall force or attempt to coerce an employee into estimating and prepaying his or her income taxes. The penalty under
s. 71.83 (2) (a) 4. applies to any employer who violates this paragraph.
71.09(16)
(16) Joint payments. Married persons may jointly pay estimated taxes unless either spouse is a nonresident alien or the spouses have different taxable years. If they do pay jointly, the provisions under this section applicable to individuals are applicable to the married persons jointly. If a married person files a separate return for a taxable year for which a joint payment was made, the payments may be allocated between themselves as they choose, but if they do not agree on an allocation the department of revenue shall allocate the payments to each spouse on the basis of the ratio of taxes shown on their separate returns or pursuant to default assessment under
s. 71.74 (3). If either spouse pays separately, no part of the payment may be allocated to the other spouse.
71.10
71.10
General provisions. 71.10(1)(1)
Allocation of gross income, deductions, credits between 2 or more businesses. In any case of 2 or more organizations, trades or businesses (whether or not incorporated, whether or not organized in the United States, whether or not affiliated, and whether or not unitary) owned or controlled directly or indirectly by the same interests, the secretary or the secretary's delegate may distribute, apportion or allocate gross income, deductions, credits or allowances between or among such organizations, trades or businesses, if the secretary determines that such distribution, apportionment or allocation is necessary in order to prevent evasion of taxes or clearly to reflect the income of any of such organizations, trades or businesses. The authority granted under this subsection is in addition to, and not a limitation of or dependent on, the provisions of
ss. 71.05 (6) (a) 24. and
(b) 45.,
71.26 (2) (a) 7. and
8.,
71.34 (1k) (j) and
(k),
71.45 (2) (a) 16. and
17., and
71.80 (23).
71.10(1m)
(1m) Transactions without economic substance. 71.10(1m)(a)(a) If any person, directly or indirectly, engages in a transaction or series of transactions without economic substance to create a loss or to reduce taxable income or to increase credits allowed in determining Wisconsin tax, the department shall determine the amount of a taxpayer's taxable income or tax so as to reflect what would have been the taxpayer's taxable income or tax if not for the transaction or transactions without economic substance causing the reduction in taxable income or tax.
71.10(1m)(b)
(b) A transaction has economic substance only if the taxpayer shows all of the following:
71.10(1m)(b)1.
1. The transaction changes the taxpayer's economic position in a meaningful way, apart from federal, state, local, and foreign tax effects.
71.10(1m)(b)2.
2. The taxpayer has a substantial nontax purpose for entering into the transaction and the transaction is a reasonable means of accomplishing the substantial nontax purpose. A transaction has a substantial nontax purpose if it has substantial potential for profit, disregarding any tax effects.
71.10(1m)(c)
(c) With respect to transactions between members of a controlled group as defined in section
267 (f) (1) of the Internal Revenue Code, such transactions shall be presumed to lack economic substance and the taxpayer shall bear the burden of establishing by clear and convincing evidence that a transaction or a series of transactions between the taxpayer and one or more members of the controlled group has economic substance.
71.10(2)
(2) Assessment of income distributable to a nonresident beneficiary. The income of a trust distributable or distributed to a nonresident beneficiary shall be assessed as the income of other nonresidents is assessed. No personal exemptions shall be allowed in assessing the income of such nonresident beneficiary unless that person makes a complete return under this chapter.
71.10(4)
(4) Computation order. Notwithstanding any other provisions in this chapter, all persons other than corporations computing liability for the tax under
s. 71.02 shall make computations in the following order:
71.10(4)(f)
(f) Alternative minimum tax under
s. 71.08, including any surtax on alternative minimum tax.
71.10(4)(i)
(i) The total of claim of right credit under
s. 71.07 (1), farmland preservation credit under
ss. 71.57 to
71.61, farmland preservation credit, 2010 and beyond under
s. 71.613, homestead credit under
subch. VIII, farmland tax relief credit under
s. 71.07 (3m), dairy manufacturing facility investment credit under
s. 71.07 (3p), jobs tax credit under
s. 71.07 (3q), meat processing facility investment credit under
s. 71.07 (3r), woody biomass harvesting and processing credit under
s. 71.07 (3rm), food processing plant and food warehouse investment credit under
s. 71.07 (3rn), film production services credit under
s. 71.07 (5f), film production company investment credit under
s. 71.07 (5h), veterans and surviving spouses property tax credit under
s. 71.07 (6e), enterprise zone jobs credit under
s. 71.07 (3w), beginning farmer and farm asset owner tax credit under
s. 71.07 (8r), earned income tax credit under
s. 71.07 (9e), estimated tax payments under
s. 71.09, and taxes withheld under
subch. X.
71.10(5)(a)2.
2. "Endangered resources program" means purchasing or improving land or habitats for any native Wisconsin endangered or threatened species as defined in
s. 29.604 (2) (a) or
(b) or for any nongame species as defined in
s. 29.001 (60), conducting the natural heritage inventory program under
s. 23.27 (3), conducting wildlife and resource research and surveys and providing wildlife management services, providing for wildlife damage control or the payment of claims for damage associated with endangered or threatened species, repaying the general fund for amounts expended under
s. 20.370 (1) (fb) in fiscal year 1983-84 and the payment of administrative expenses related to the administration of this subsection.
71.10(5)(b)1.1. `Designation on return.' Subject to
sub. (5s), any individual filing an income tax return may designate on the return any amount of additional payment or any amount of a refund due that individual for the endangered resources program.
71.10(5)(b)2.
2. `Designation added to tax owed.' If the individual owes any tax, the individual shall remit in full the tax due and the amount designated on the return for the endangered resources program when the individual files a tax return.
71.10(5)(b)3.
3. `Designation deducted from refund.' Except as provided under
par. (d) if the individual is owed a refund for that year after crediting under
ss. 71.75 (9) and
71.80 (3), the department of revenue shall deduct the amount designated on the return for the endangered resources program from the amount of the refund.
71.10(5)(c)
(c)
Errors; failure to remit correct amount. If an individual who owes taxes fails to remit an amount equal to or in excess of the total of the actual tax due, after error corrections, and the amount designated on the return for the endangered resources program:
71.10(5)(c)1.
1. The department shall reduce the designation for the endangered resources program to reflect the amount remitted in excess of the actual tax due, after error corrections, if the individual remitted an amount in excess of the actual tax due, after error corrections, but less than the total of the actual tax due, after error corrections, and the amount originally designated on the return for the endangered resources program.
71.10(5)(c)2.
2. The designation for the endangered resources program is void if the individual remitted an amount equal to or less than the actual tax due, after error corrections.
