74.23
74.23
January settlement. 74.23(1)(1)
Settlement. On or before January 15, the treasurer of each taxation district, except the treasurer of a city authorized to act under
s. 74.87, shall settle for all collections received through the last day of the preceding month as follows:
74.23(1)(a)
(a)
Special assessments, special charges and special taxes. The taxation district treasurer shall:
74.23(1)(a)1.
1. Pay to the county treasurer all collections of special assessments or special charges levied under
ch. 88.
74.23(1)(a)2.
2. Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under
ss. 70.40 to
70.421 and forest cropland, woodland and managed forest land taxes under
ch. 77 shall be settled for under
s. 74.25 (1) (a) 1. to
8.
74.23(1)(a)3.
3. Retain all collections of special assessments, special charges and special taxes due to the taxation district.
74.23(1)(a)4.
4. Retain all collections of omitted property taxes under
s. 70.44, except those subject to sharing under
subd. 5.
74.23(1)(a)5.
5. Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under
s. 70.995 (12) (a) and the taxes under
s. 74.315.
74.23(1)(b)
(b)
General property taxes. After making the distribution under
par. (a), the taxation district treasurer shall pay to each taxing jurisdiction within the district its proportionate share of general property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of general property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of general property taxes for each environmental remediation tax incremental district created by the county.
74.23(2)
(2) Approval of payment not required. The taxation district treasurer shall make payments required under
sub. (1) whether or not the governing body of the taxation district has approved those payments. Following a payment required under
sub. (1), the taxation district treasurer shall prepare and transmit a voucher for that payment to the governing body of the taxation district.
74.25
74.25
February settlement. 74.25(1)(1)
Settlement. On or before February 20, the taxation district treasurer, except the treasurer of a city authorized to proceed under
s. 74.87 or the treasurer of a taxation district that has adopted an ordinance under
s. 74.12, shall settle for all collections received through the last day of the preceding month and all amounts timely paid under
s. 74.69 (1) which were not settled for under
s. 74.23 as follows:
74.25(1)(a)
(a)
Special assessments, special charges and special taxes. The taxation district treasurer shall:
74.25(1)(a)1.
1. Pay to the county treasurer all collections of special assessments or special charges levied under
ch. 88.
74.25(1)(a)2.
2. Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under
ss. 70.40 to
70.421 and forest cropland, woodland and managed forest land taxes under
ch. 77 shall be settled for under
subds. 5. to
8.
74.25(1)(a)3.
3. Retain all collections of special assessments, special charges and special taxes due to the taxation district, except that occupational taxes under
ss. 70.40 to
70.421 and forest cropland, woodland and managed forest land taxes under
ch. 77 shall be settled for under
subds. 5. to
8.
74.25(1)(a)4.
4. Retain all collections of omitted property taxes under
s. 70.44, except those subject to sharing under
subd. 4m.
74.25(1)(a)4m.
4m. Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under
s. 70.995 (12) (a) and the taxes under
s. 74.315.
74.25(1)(a)5.
5. Pay to the secretary of administration all collections of occupational taxes on mink farms, 30% of collections of occupational taxes on iron ore concentrates, and 10% of collections of occupational taxes on coal docks.
74.25(1)(a)7.
7. Retain for the taxation district all collections of occupational taxes on grain storage and petroleum and petroleum products and 70% of collections of occupational taxes on iron ore concentrates and coal docks.
74.25(1)(b)
(b)
General property taxes. After making the distribution under
par. (a), the taxation district treasurer shall do all of the following:
74.25(1)(b)1.
1. Except as provided in
subd. 3., pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, that taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of personal property taxes for each environmental remediation tax incremental district created by the county.
74.25(1)(b)2.
2. Pay to each taxing jurisdiction within the district its proportionate share of real property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of real property taxes for each environmental remediation tax incremental district created by the county.
74.25(1)(b)3.
3. Pay to each taxing jurisdiction within the district its proportionate share of taxes on improvements on leased land, except that the treasurer shall pay the state's proportionate share to the county and except the taxation district may pay in full all taxes on improvements on leased land, as provided with
subd. 1. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district its proportionate share of taxes on improvements on leased land.
74.25(2)
(2) Approval of payment not required. The taxation district treasurer shall make payments required under
sub. (1) whether or not the governing body of the taxation district has approved those payments. Following a payment required under
sub. (1), the taxation district treasurer shall prepare and transmit a voucher for such payment to the governing body of the taxation district.
74.25(3)
(3) Return of tax roll. After completing the settlement procedures required under
sub. (1), the taxation district treasurer shall transfer the tax roll to the county treasurer as provided under
s. 74.43 (1).
74.25(4)
(4) Amounts not timely received forwarded to county treasurer. The taxation district treasurer shall forward to the county treasurer all real property taxes, special assessments, special charges and special taxes received which were not settled for or retained for the taxation district.
74.27
74.27
March settlement between counties and the state. On or before March 15, the county treasurer shall send to the secretary of administration the state's proportionate shares of taxes under
ss. 74.23 (1) (b) and
74.25 (1) (b) 1. and
2.
74.27 History
History: 1991 a. 39;
2003 a. 33.
74.29
74.29
August settlement. 74.29(1)(1) On or before August 20, the county treasurer shall pay in full to the proper treasurer all real property taxes, including taxes offset by the credit under
s. 79.10 (5), and special taxes included in the tax roll which have not previously been paid to, or retained by, the proper treasurer. A county may, by resolution adopted by the county board, direct the county treasurer to pay in full to the proper treasurer all special assessments and special charges included in the tax roll which have not previously been paid to, or retained by, the proper treasurer.
74.29(2)
(2) On or before August 20, a taxation district treasurer who has not paid in full all taxes on improvements on leased land under
s. 74.25 (1) (b) 1. or under
s. 74.30 (1) or
(2) shall pay in full to each taxing jurisdiction within the district all taxes on improvements on leased land included in the tax roll which have not previously been paid to, or retained by, the taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district its proportionate share of taxes on improvements on leased land.
74.30
74.30
Settlement in certain taxation districts. The treasurer of a taxation district which has enacted an ordinance under
s. 74.12 shall settle under this section.
74.30(1)
(1) February settlement. On or before February 20, the taxation district treasurer shall do all of the following:
74.30(1)(a)
(a) Pay to the county treasurer all collections of special assessments or special charges levied under
ch. 88.
74.30(1)(b)
(b) Pay to the proper treasurer all collections of special assessments, special charges and special taxes, except that occupational taxes under
ss. 70.40 to
70.421 and forest cropland, woodland and managed forest land taxes under
ch. 77 shall be settled for under
pars. (e) to
(h).
74.30(1)(c)
(c) Retain all collections of special assessments, special charges and special taxes due to the taxation district, except that occupational taxes under
ss. 70.40 to
70.421 and forest cropland, woodland and managed forest land taxes under
ch. 77 shall be settled for under
pars. (e) to
(h).
74.30(1)(d)
(d) Retain all collections of omitted property taxes under
s. 70.44, except those subject to sharing under
par. (dm).
74.30(1)(dm)
(dm) Pay to each taxing jurisdiction within the district its proportionate share of the taxes and interest under
s. 70.995 (12) (a) and the taxes under
s. 74.315.
74.30(1)(e)
(e) Pay to the secretary of administration all collections of occupational taxes on mink farms, 30% of collections of occupational taxes on iron ore concentrates, and 10% of collections of occupational taxes on coal docks.
74.30(1)(g)
(g) Retain for the taxation district all collections of occupational taxes on grain storage and petroleum and petroleum products and 70% of collections of occupational taxes on iron ore concentrates and coal docks.
74.30(1)(i)
(i) Except as provided in
par. (k), pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, each taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of personal property taxes for each environmental remediation tax incremental district created by the county.
74.30(1)(j)
(j) Pay to each taxing jurisdiction within the district its proportionate share of real property taxes, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of real property taxes for each environmental remediation tax incremental district created by the county.
74.30(1)(k)
(k) Pay to each taxing jurisdiction within the district its proportionate share of taxes on improvements on leased land, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district its proportionate share of taxes on improvements on leased land.
74.30(1m)
(1m) March settlement between counties and the state. On or before March 15, the county treasurer shall send to the secretary of administration the state's proportionate shares of taxes under
sub. (1) (i) and
(j).
74.30(2)
(2) Subsequent settlements. On or before the 15th day of each month following the month in which an installment payment of real property taxes is required by the ordinance, the taxation district treasurer shall do all of the following:
74.30(2)(a)
(a) Pay to the proper treasurer all collections of delinquent special assessments, special charges and special taxes not previously settled for, as directed by
sub. (1) (a) to
(h).
74.30(2)(b)
(b) Pay to each taxing jurisdiction within the district its proportionate share of real property taxes collected, except that the taxation district treasurer shall pay the state's proportionate share to the county, and the county treasurer shall settle for that share under
s. 74.29. As part of that distribution, the taxation district treasurer shall retain for the taxation district and for each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of real property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of real property taxes for each environmental remediation tax incremental district created by the county.
74.30(2)(c)
(c) Pay to each taxing jurisdiction within the district its proportionate share of taxes on improvements on leased land, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district its proportionate share of taxes on improvements on leased land.
74.30(3)
(3) Approval of payment not required. The taxation district treasurer shall make payments required under
subs. (1) and
(2) whether or not the governing body of the taxation district has approved those payments. Following a payment required under
subs. (1) and
(2), the taxation district treasurer shall prepare and transmit a voucher for that payment to the governing body of the taxation district.
74.31
74.31
Failure to settle timely. If the taxation district treasurer or county treasurer does not settle as required under
ss. 74.23 to
74.30:
74.31(1)
(1) Interest charge. The taxation district or county which has not settled shall pay 12% annual interest on the amount not timely paid to the taxing jurisdiction, including this state, to which money is due, calculated from the date settlement was required.
74.31(2)
(2) Penalty. The taxing jurisdiction, including this state, to which money is due may demand, in writing, payment from the taxation district or county which has not settled. If, within 3 days after receipt of a written demand, settlement is not made, the taxation district or county shall pay the taxing jurisdiction, including this state, making the demand a 5% penalty on the amount remaining unpaid.
74.31 History
History: 1987 a. 387;
1991 a. 39.
74.315
74.315
Omitted property. 74.315(1)(1)
Submission. No later than October 1 of each year, the taxation district clerk shall submit to the department of revenue, on a form prescribed by the department, a listing of all the omitted taxes under
s. 70.44 to be included on the taxation district's next tax roll, if the total of all such taxes exceeds $5,000.
74.315(2)
(2) Equalized valuation. After receiving the form under
sub. (1), but no later than November 15, the department of revenue shall determine the amount of any change in the taxation district's equalized valuation that results from considering the valuation represented by the taxes described under
sub. (1). The department's determination under this subsection is subject to review only under
s. 227.53.
74.315(3)
(3) Notice and distribution. If the department of revenue determines under
sub. (2) that the taxation district's equalized valuation changed as a result of considering the valuation represented by the taxes described under
sub. (1), the department shall notify the taxation district and the taxation district shall distribute the resulting collections under
ss. 74.23 (1) (a) 5.,
74.25 (1) (a) 4m., and
74.30 (1) (dm).
74.315 History
History: 2009 a. 171.
ADJUSTMENT
74.33
74.33
Sharing and charging back of taxes due to palpable errors. 74.33(1)(1)
Grounds. After the tax roll has been delivered to the treasurer of the taxation district under
s. 74.03, the governing body of the taxation district may refund or rescind in whole or in part any general property tax shown in the tax roll, including agreed-upon interest, if:
74.33(1)(a)
(a) A clerical error has been made in the description of the property or in the computation of the tax.
74.33(1)(b)
(b) The assessment included real property improvements which did not exist on the date under
s. 70.10 for making the assessment.
74.33(1)(c)
(c) The property is exempt by law from taxation, except as provided under
sub. (2).
74.33(1)(d)
(d) The property is not located in the taxation district for which the tax roll was prepared.
74.33(1)(f)
(f) An arithmetic, transpositional or similar error has occurred.
74.33(2)
(2) Exceptions. The governing body of a taxation district may not refund or rescind any tax under this section if the alleged error may be appealed under
s. 70.995 (8) (c) or if the alleged error is solely that the assessor placed a valuation on the property that is excessive.
74.33(3)
(3) Charging back and sharing taxes. If an error under
sub. (1) has been discovered, the governing body of the taxation district shall proceed under
s. 74.41.
74.33 Annotation
A potential error in classifying a mobile home as real, not personal, property was not a clerical error under sub. (1) (a), nor could it be considered to be the inclusion of a real property improvement that did not exist under sub. (1) (b), as the property did exist. Ahrens v. Town of Fulton,
2000 WI App 268,
240 Wis. 2d 124,
621 N.W.2d 643,
99-2466.
74.35
74.35
Recovery of unlawful taxes. 74.35(1)
(1)
Definitions. In this section "unlawful tax" means a general property tax with respect to which one or more errors specified in
s. 74.33 (1) (a) to
(f) were made. "Unlawful tax" does not include a tax in respect to which the alleged defect is solely that the assessor placed a valuation on the property that is excessive.
74.35(2)
(2) Claim against taxation district. 74.35(2)(a)(a) A person aggrieved by the levy and collection of an unlawful tax assessed against his or her property may file a claim to recover the unlawful tax against the taxation district which collected the tax.
74.35(2)(b)
(b) A claim filed under this section shall meet all of the following conditions:
74.35(2)(b)2.
2. State the alleged circumstances giving rise to the claim, including the basis for the claim as specified in
s. 74.33 (1) (a) to
(e).
