74.37(4)(d)
(d) No claim or action for an excessive assessment may be brought or maintained under this section if the taxation district in which the property is located enacts an ordinance under
s. 70.47 (7) (c) or if the 1st class city in which the property is located enacts an ordinance under
s. 70.47 (16) (c), except that this paragraph does not apply if the taxation district or the 1st class city did not comply with
s. 70.365.
74.37 Note
NOTE: The supreme court in
Metropolitan Associates v. City of Milwaukee,
2011 WI 20, held the creation of par. (d) by
2007 Wis. Act 86 to be unconstitutional and severed from the remainder of the statute.
74.37(5)
(5) Interest. The amount of a claim filed under
sub. (2) or an action commenced under
sub. (3) may include interest at the average annual discount rate determined by the last auction of 6-month U.S. treasury bills before the objection per day for the period of time between the time when the tax was due and the date that the claim was paid.
74.37(6)
(6) Exception. This section does not apply in counties with a population of 500,000 or more.
74.37 Note
NOTE: The supreme court in
Nankin v. Village of Shorewood, 2001 WI 92,
245 Wis. 2d 86,
630 N.W.2d 141, held sub. (6) to be unconstitutional and severed from the remainder of the statute.
74.37(7)
(7) Compensation. If taxes are refunded under
sub. (3), the governing body of the taxation district or county that has a county assessor system may proceed under
s. 74.41.
74.37 Annotation
Sections 70.47 (13), 70.85, and 74.37 provide the exclusive method to challenge a municipality's bases for assessment of individual parcels. All require appeal to the board of review prior to court action. There is no alternative procedure to challenge an assessment's compliance with the uniformity clause. Hermann v. Town of Delavan,
215 Wis. 2d 370,
572 N.W.2d 855 (1998),
96-0171.
74.37 Annotation
Claimants who never received notice of a changed assessment under s. 70.365 were exempt from the obligation to proceed before the board of review. However, they were required to meet the January 31 filing date in sub. (2), regardless of the fact that they never received the notice. Reese v. City of Pewaukee,
2002 WI App 67,
252 Wis. 2d 361,
642 N.W.2d 596,
01-0850.
74.37 Annotation
While certiorari review of an assessment is limited to the review of the board of assessment's record, sub. (3) (d) allows the court to proceed without regard to any determination made at an earlier proceeding. The assessor's assessment is presumed correct only if the challenging party does not present significant contrary evidence. The court may hear new evidence and can enter a judgment if it is in the best interest of the parties. Bloomer Housing Limited Partnership v. City of Bloomer,
2002 WI App 252,
257 Wis. 2d 883,
653 N.W.2d 309,
01-3495.
74.37 Annotation
After
Nankin, the state-wide application of this section must prevail over any statutes that would defeat its implementation. Special rules help harmonize provisions that were once fully compatible with this section but, as a result of Nankin, conflict with this section. U.S. Bank National Association v. City of Milwaukee,
2003 WI App 220,
267 Wis. 2d 718,
672 N.W.2d 722,
03-0724.
74.37 Annotation
When a taxpayer brings an action to recover excessive taxes under this section, the least favorable outcome for the taxpayer, and the best possible outcome for the taxation authority, is for the court to conclude there were no excessive taxes. The court cannot impose a greater tax burden than the one the taxation authority already agreed to when it accepted the taxpayer's payment. Although the court need not defer to the board of review's determination, and there is a statutory presumption that the assessor's determination is correct, when the board of review reduces the original assessment the court cannot reinstate the assessor's original assessment. Trailwood Ventures, LLC v. Village of Kronenwetter,
2009 WI App 18,
315 Wis. 2d 791,
762 N.W.2d 841,
08-1221.
74.37 Annotation
When a city assessor correctly applies the Property Assessment Manual and statutes, and there is no significant evidence to the contrary, courts will reject a party's challenge to the assessment. Allright Properties, Inc. v. City of Milwaukee,
2009 WI App 46,
317 Wis. 2d 228,
767 N.W.2d 567,
08-0510.
74.37 Annotation
Under s. 70.49 (2), each assessment "shall, in all actions and proceedings involving such values, be presumptive evidence that all such properties have been justly and equitably assessed." For a taxpayer to challenge the assessment, the taxpayer is required to present sufficient evidence to persuade the circuit court that the assessed value is probably not the fair market value of the property. A failure to provide that persuasive evidence would entitle the city to judgment based on the statutory presumption. Bonstores Realty One, LLC v. City of Wauwatosa,
2013 WI App 131,
351 Wis. 2d 439,
839 N.W.2d 893,
12-1754.
74.37 Annotation
Under sub. (4), a taxpayer must challenge an assessment in front of the board of review before filing an excessive assessment claim, unless the taxing authority failed to provide a notice of assessment under circumstances where notice was required. Under s. 70.365, a notice of assessment is required only when the property's assessed value has changed. After reading these statutes, it should have been clear to the taxpayer that: 1) because it did not receive a notice of assessment, its property's assessed value for 2011 would be unchanged from 2010; and 2) if the taxpayer wanted to challenge the 2011 assessment, it needed to object before the board of review. These requirements did not violate the taxpayer's rights to due process. Northbrook Wisconsin, LLC v. City of Niagara,
2014 WI App 22,
352 Wis. 2d 657,
843 N.W.2d 851,
13-1322.
74.37 Annotation
Under sub. (3) (b), a taxing district has 90 days after a claim for excessive assessment has been filed to either allow it or disallow it. If the taxing authority fails to act on the claim within 90 days, the claim is deemed disallowed under sub. (3) (a). A statutory limitation period does not commence once a claim is deemed disallowed under a statute that requires receipt of notice of the disallowance to trigger the limitation period. As the claimant in this case never received notice of the disallowance of its claim by certified or registered mail, the 90-day limitation period was not triggered and the action was timely commenced. Walgreen Co. v. City of Oshkosh,
2014 WI App 54,
354 Wis. 2d 17,
848 N.W.2d 314,
13-1610.
74.37 Annotation
Over Assessed? Appealing Home Tax Assessments. McAdams. Wis. Law. July 2011.
74.39
74.39
Court-ordered reassessment. 74.39(1)
(1)
Court may order. Except as provided in
sub. (3), in any action under
s. 74.35 (3) or
74.37 (3), if the court determines that a reassessment of the property upon which the taxes were paid is necessary, the court, before entering judgment, shall continue the action to permit reassessment of the property. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is not excessive, judgment shall be entered for the defendant. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is excessive, judgment shall be entered for the plaintiff for the amount of the excessive taxes paid.
74.39(2)
(2) Challenge of reassessment. The validity of a reassessment under
sub. (1) may be challenged under
s. 75.54. A reassessment under
s. 75.54 shall be made by the assessor of the assessment district in which the property to be reassessed is located.
74.39(3)
(3) Exception. The court may proceed to judgment without ordering a reassessment under
sub. (1), if the court finds that to do so is in the best interests of all parties to the action and if the court is able to determine the amount of unlawful taxes with reasonable certainty.
74.39 History
History: 1987 a. 378.
74.39 Annotation
When a court finds an assessment excessive, under sub. (3) it must order a reassessment unless it finds that: 1) proceeding to judgment is in the parties' best interests; and 2) the court is able to determine the amount of unlawful taxes with reasonable certainty. In this case, the circuit court made both of these findings but failed to explain the reasoning behind its decision. When a circuit court fails to explain its reasoning, the appellate court may search the record to determine whether it supports the court's discretionary decision. West Capitol, Inc. v. Village of Sister Bay,
2014 WI App 52,
354 Wis. 2d 130, ___ N.W.2d ___,
13-1458.
74.41
74.41
Charging back refunded or rescinded taxes; sharing certain collected taxes. 74.41(1)
(1)
Submission of refunded or rescinded taxes to department. By October 1 of each year, the clerk of a taxation district may submit to the department of revenue, on a form prescribed by the department of revenue, a listing of all general property taxes on the district's tax roll which, subject to
sub. (2), meet any of the following conditions:
74.41(2)
(2) Amount required for submission. A tax may be included on a form submitted under
sub. (1) only if one of the following applies:
74.41(2)(a)
(a) The tax and all other taxes under
sub. (1) which are levied for the same year and which are listed on the same form total at least $5,000.
74.41(2)(b)
(b) The tax under
sub. (1) for any single description of property in the tax roll for any one year is $500 or more.
74.41(3)
(3) Effect on equalized value determined. The department of revenue shall, by the November 15 following submission of the form under
sub. (1), determine the amount of the change, if any, in the equalized valuation of the taxation district resulting from a consideration of the valuation represented by the taxes under
sub. (1). The determination of the department of revenue under this subsection is reviewable only under
s. 227.53.
74.41(4)
(4) Amount determined. If the department of revenue determines under
sub. (3) that the equalized value of the taxation district is changed as a result of consideration of the valuation represented by the taxes under
sub. (1), the department of revenue shall do one of the following:
74.41(4)(a)
(a) Adjust the equalized value of the taxation district under
s. 70.57.
74.41(4)(b)
(b) Determine the amount of rescinded or refunded taxes to be charged back to, and collected from, each taxing jurisdiction for which taxes were collected by the taxation district, and determine the amount of taxes collected under
s. 74.33 to be shared with each taxing jurisdiction for which taxes were collected by the taxation district. Except for interest on refunds under
s. 70.511 (2) (b) that is paid with respect to property that was assessed under
s. 70.995 and that is not paid by the department of administration under
s. 70.511 (2) (bm), the amount determined may not include any interest.
74.41(5)(a)(a) The department of revenue shall certify to the clerk of the taxation district the amount determined under
sub. (4) (a) or
(b) and shall furnish a copy of the certification to each affected taxing jurisdiction.
74.41(5)(b)
(b) Each taxing jurisdiction to which an amount is charged back under
sub. (4) (b) shall pay the amount certified under
par. (a) to the taxation district treasurer by February 15 of the year following the determination under
sub. (3). By February 15 of the year following the determination under
sub. (3), the taxation district treasurer shall pay the amounts to be shared with other taxing jurisdictions.
74.41(6)
(6) No effect on mill rate limits. A tax levied by a taxation jurisdiction to fund an amount which the taxing jurisdiction is required to pay under
sub. (5) shall not be considered in determining whether the taxing jurisdiction is in compliance with any statutorily imposed mill rate limit.
74.42
74.42
Charge back of personal property taxes; subsequent distributions. 74.42(1)(1)
Charge back. No earlier than February 2 and no later than April 1, the taxation district treasurer may charge back to each taxing jurisdiction within the taxation district, except this state, its proportionate share of those personal property taxes for which the taxation district settled in full the previous year, which were delinquent at the time of settlement, which have not been collected in the intervening year, and which remain delinquent, if the taxes are owed by an entity that has ceased operations, or filed a petition for bankruptcy, or are due on personal property that has been removed from the next assessment roll. At the same time, if there are charge-backs, the taxation district treasurer shall charge back to the county the state's proportionate share of those taxes. No later than the first May 1 after receipt of a notice of a charge-back, the taxing jurisdiction shall pay to the taxation district treasurer the amount due, and the state shall pay to the proper county treasurer the amount due.
74.42(2)
(2) Subsequent distributions. An amount equal to any delinquent personal property taxes charged back under
sub. (1) which are subsequently collected by the taxation district, minus the cost of collecting those taxes, shall be proportionately distributed to each taxing jurisdiction to which the delinquent taxes were charged back under
sub. (1). Distributions under this subsection shall be made on May 15, August 15, November 15 and February 15.
RETURN AND COLLECTION OF DELINQUENT TAXES
74.43
74.43
Return of unpaid taxes, special assessments and special charges. 74.43(1)(1)
Delivery of tax roll. Except as provided in
s. 74.12, on or before February 20, the taxation district treasurer, except the treasurer of a city authorized to act under
s. 74.87, shall transfer the tax roll to the county treasurer. The tax roll transferred to the county treasurer shall meet all of the following conditions:
74.43(1)(c)
(c) Reflect all payments received by the taxation district treasurer.
74.43(2)
(2) Correction of property description. If the county treasurer discovers any error or inadequacy in the description of any property in the tax roll, he or she may correct the description in the tax roll at any time prior to issuance of the tax certificate under
s. 74.57. If the county treasurer corrects a description of property, he or she shall keep a record identifying the place where each correction is made, briefly describing the correction and specifying the date when the correction was made.
74.43(3)
(3) County treasurer to accept unpaid taxes. If the roll is delivered under
sub. (1), the county treasurer shall accept all unpaid real property taxes, special assessments, special charges and special taxes contained in the tax roll.
74.43 History
History: 1987 a. 378;
1991 a. 39.
74.45
74.45
Certificate of delinquent taxes; endorsement of treasurer's bond. 74.45(1)(1)
Certificate of delinquent taxes by county treasurer. After the taxation district treasurer transfers the tax roll under
s. 74.12 or
74.43, the county treasurer shall prepare a certificate of the amount that is delinquent on real property and the amount that is not delinquent but payable in subsequent installments on real property and the amount of delinquent special assessments, special charges and special taxes.
74.45(2)
(2) Endorsement of taxation district treasurer's bond. After the taxation district treasurer has fulfilled the requirements for settlement with the county under
s. 74.25 or
74.30, the county treasurer if requested to do so, shall endorse the bond of the taxation district treasurer executed under
s. 70.67 (1) as satisfied and paid. The endorsement fully discharges the taxation district treasurer and his or her sureties from the obligations of the bond, unless the return of the taxation district treasurer under
s. 74.43 is false. If the return is false, the bond continues in force and the taxation district treasurer and his or her sureties are subject to action upon the bond for all deficiencies and damages resulting from the false return.
74.45 History
History: 1987 a. 378;
1991 a. 39.
74.47
74.47
Interest and penalty on delinquent amounts. 74.47(1)(1)
Interest. The interest rate on delinquent general property taxes, special charges, special assessments and special taxes included in the tax roll for collection is one percent per month or fraction of a month.
74.47(2)(a)(a) Any county board and the common council of any city authorized to act under
s. 74.87 may by ordinance impose a penalty of up to 0.5% per month or fraction of a month, in addition to the interest under
sub. (1), on any delinquent general property taxes, special assessments, special charges and special taxes included in the tax roll.
74.47(2)(b)
(b) Any ordinance enacted under
par. (a) may specify that the penalty under this subsection shall apply to any general property taxes, special assessments, special charges and special taxes that are delinquent on the effective date of the ordinance.
74.47(3)(a)(a) All interest and penalties collected by the county treasurer on payments of real property taxes and special taxes shall be retained by the county treasurer for the county.
74.47(3)(b)
(b) All interest and penalties on payments of delinquent special assessments and special charges collected by the county treasurer of a county which settles for unpaid special assessments and special charges under
s. 74.29 shall be retained by the county treasurer for the county.
74.47(3)(c)
(c) All interest on payments of delinquent special assessments and special charges collected by the county treasurer of a county which does not settle for unpaid special assessments and special charges under
s. 74.29 shall, along with the delinquent amounts that have been paid, be paid to the taxing jurisdiction which assessed the special assessment or special charge as follows:
74.47(3)(c)1.
1. If collected on or before July 31, as part of the settlement under
s. 74.29.
74.47(3)(c)2.
2. If collected after July 31 and before issuance of the tax certificate under
s. 74.57, on or before September 15.
74.47(3)(d)
(d) All interest and penalties on delinquent general property taxes, special assessments, special charges and special taxes collected on or before July 31 by the treasurer of a taxation district which has enacted an ordinance under
s. 74.12 shall be retained by the taxation district treasurer for the taxation district.
74.47(3)(e)
(e) All interest and penalties on payments of delinquent personal property taxes collected by the taxation district treasurer shall be retained by the taxation district treasurer for the taxation district.
74.47(3)(f)
(f) All penalties on payments of delinquent special assessments and special charges collected by the county treasurer of a county which does not settle for unpaid special assessments and special charges shall be retained by the county treasurer for the county.
74.485
74.485
Charge for converting agricultural land. 74.485(2)
(2) Conversion charge. Except as provided in
sub. (4), a person who owns land that has been assessed as agricultural land under
s. 70.32 (2r) and who converts the land's use so that the land is not eligible to be assessed as agricultural land under
s. 70.32 (2r), as determined by the assessor of the taxation district in which the land is located, shall pay a conversion charge to the county in which the land is located in an amount, calculated by the county treasurer, that is equal to the number of acres converted multiplied by the amount of the difference between the average fair market value of an acre of agricultural land sold in the county in the year before the year that the person converts the land, as determined under
sub. (3), and the average equalized value of an acre of agricultural land in the county in the year before the year that the person converts the land, as determined under
sub. (3), multiplied by the following:
74.485(2)(a)
(a) Five percent, if the converted land is more than 30 acres.
74.485(2)(b)
(b) Seven and one-half percent, if the converted land is 30 acres or less but at least 10 acres.
74.485(2)(c)
(c) Ten percent, if the converted land is less than 10 acres.
74.485(3)
(3) Value determination. Annually, the department of revenue shall determine the average equalized value of an acre of agricultural land in each county in the previous year, as provided under
s. 70.57, and the average fair market value of an acre of agricultural land sold in each county in the previous year based on the sales in each county in the previous year of parcels of agricultural land that are 38 acres or more to buyers who intend to use the land as agricultural land.
74.485(4)(a)(a) A person who owns land that has been assessed as agricultural land under
s. 70.32 (2r) and who converts the land's use so that the land is not eligible to be assessed as agricultural land under
s. 70.32 (2r) is not subject to a conversion charge under
sub. (2) if the converted land may be assessed as undeveloped under
s. 70.32 (2) (a) 5., as agricultural forest under
s. 70.32 (2) (a) 5m., as productive forest land under
s. 70.32 (2) (a) 6., or as other under
s. 70.32 (2) (a) 7. or if the amount of the conversion charge determined under
sub. (2) represents less than $25 for each acre of converted land.
74.485(4)(b)
(b) If a person owes a conversion charge under
sub. (2), the treasurer of the county in which the person's land is located may defer payment of the conversion charge to the succeeding taxable year if the person demonstrates to the assessor of the taxation district in which the land is located that the person's land will be used as agricultural land in the succeeding taxable year. A person who receives a deferral under this paragraph is not subject to the conversion charge under
sub. (2) related to the deferral, if the person's land is used as agricultural land in the succeeding taxable year. If the land of a person who receives a deferral under this paragraph is not used as agricultural land in the succeeding taxable year, the person shall pay the conversion charge with interest at the rate of 1% a month, or fraction of a month, from the date that the treasurer granted a deferral to the date that the conversion charge is paid.
74.485(5)
(5) Payment. Except as provided in
sub. (4), a person who owes a conversion charge under
sub. (2) shall pay the conversion charge to the county in which the person's land related to the conversion charge is located no later than 30 days after the date that the conversion charge is assessed. A conversion charge that is not paid on the date it is due is considered delinquent and shall be paid with interest at the rate of 1% a month, or fraction of a month, from the date that the conversion charge is assessed to the date that the conversion charge is paid. The county shall collect an unpaid conversion charge as a special charge against the land related to the conversion charge.
74.485(6)
(6) Distribution. A county that collects a conversion charge under this section shall distribute 50% of the amount of the conversion charge to the taxation district in which the land related to the conversion charge is located. If the land related to the conversion charge is located in 2 or more taxation districts, the county shall distribute 50% of the amount of the conversion charge to the taxation districts in proportion to the equalized value of the land related to the conversion charge that is located in each taxation district. A taxation district shall distribute 50% of any amount it receives under this subsection to an adjoining taxation district, if the taxation district in which the land related to the conversion charge is located annexed the land related to the conversion charge from the adjoining taxation district in either of the 2 years preceding a distribution under this subsection.
