70.11 Annotation
The standard under
Sisters of Saint Mary,
89 Wis. 2d 372 (1979), that properties that are “reasonably necessary" to the operation of an exempt use are also exempt is restricted to hospitals subject to sub. (4m). UW Medical Foundation, Inc. v. City of Madison,
2003 WI App 204,
267 Wis. 2d 504,
671 N.W.2d 292,
02-1473.
70.11 Annotation
Benevolent ownership of property is not enough to satisfy sub. (4) [now sub. (4) (a)]; benevolent use is also required. A property owner must detail its use of the property so that tax assessors know what type of activities, if any, are occurring on the property. Unsupported opinion testimony and generalized assertions about the purportedly benevolent use will not suffice. UW Medical Foundation, Inc. v. City of Madison,
2003 WI App 204,
267 Wis. 2d 504,
671 N.W.2d 292,
02-1473.
70.11 Annotation
All provision of medical care is not “benevolent" merely because it makes the recipients better members of society by improving their physical and mental condition. A benevolent foundation that charged market rates for medical services, advertised extensively to promote them, and typically forbore collecting for its services only when accounts were deemed uncollectible was not engaged in a benevolent use of its clinic properties. UW Medical Foundation, Inc. v. City of Madison,
2003 WI App 204,
267 Wis. 2d 504,
671 N.W.2d 292,
02-1473.
70.11 Annotation
For a claim under sub. (25) to survive summary judgment, the property owner must establish in the summary judgment record that there is, at a minimum, a factual dispute that the main purpose to which the properties were primarily devoted was one or more of medical research, physician education, or care for destitute individuals. UW Medical Foundation, Inc. v. City of Madison,
2003 WI App 204,
267 Wis. 2d 504,
671 N.W.2d 292,
02-1473.
70.11 Annotation
“Commercial purposes" as used in sub. (4m) are those through which profits are made. Even if the property is reasonably necessary to the primary and secondary purposes of the hospital, a strict but reasonable construction of sub. (4m) indicates that property fails to qualify for the exemption if it nevertheless is used for a commercial purpose. FH Healthcare Development, Inc. v. City of Wauwatosa,
2004 WI App 182,
276 Wis. 2d 243,
687 N.W.2d 532,
03-2999.
70.11 Annotation
A hospital seeking tax-exempt status for property under sub. (4m) (a) has the burden of showing a benefit to the functioning of the hospital, but no burden of showing that the benefit is not otherwise available. Assuming, without deciding, that partial exemptions are allowed, the portion of a hospital's child care center attributable to use by hospital employees is tax exempt. Whether the portion attributable to children whose parents are not hospital employees is exempt depends on whether the childrens' parents are reasonably necessary to the efficient functioning of the hospital as an organization. Saint Joseph's Hospital of Marshfield, Inc. v. City of Marshfield,
2004 WI App 187,
276 Wis. 2d 574,
688 N.W.2d 658,
03-1006.
70.11 Annotation
The portion of sub. (12) (a) exempting from taxation property owned by Young Men's Christian Associations is constitutional. Lake Country Racquet & Athletic Club, Inc. v. Morgan,
2006 WI App 25,
289 Wis. 2d 498,
710 N.W.2d 701,
04-3061.
70.11 Annotation
Retaining legal title to land does not guarantee that a municipality will remain the owner of property for tax exemption purposes. Taxation or exemption depends not upon legal title but on the status of the owner of the beneficial interest in the property. “Owned" in sub. (2) means beneficial ownership, not mere technical title. Milwaukee Regional Medical Center v. City of Wauwatosa,
2007 WI 101,
304 Wis. 2d 53,
735 N.W.2d 156,
05-1160.
70.11 Annotation
The Tax Appeals Commission (TAC) reasonably relied on nontechnical dictionary definitions of the computer-related terms in sub. (39). TAC aptly noted that the terms at issue “are within the common lexicon, familiar to most people" and that the statute had a “more colloquial than technical tone." Based on these observations, TAC reasonably concluded that the computer terms at issue are not technical, and reasonably applied the general rule of construing the language in accord with its common and approved usage. Xerox Corp. v. DOR,
2009 WI App 113,
321 Wis. 2d 181,
772 N.W.2d 677,
07-2884.
70.11 Annotation
The Tax Appeals Commission's conclusion that, to be exempt under sub. (39), a device must be an exempt item under sub. (39) and not merely contain an exempt item was reasonable. Xerox Corp. v. DOR,
2009 WI App 113,
321 Wis. 2d 181,
772 N.W.2d 677,
07-2884.
70.11 Annotation
An exemption under sub. (4) depends on: 1) whether the residence is owned and used exclusively by the church; and 2) whether it is housing for any of four listed categories of persons, namely, pastors, ordained assistants, members of religious orders and communities, or ordained teachers. The exemption applies to a limited group who are members of a religious group and integral to the functioning of the church. It is not enough under sub. (4) or
Midtown Church of Christ, Inc.,
83 Wis. 2d 72 (1978), that a custodian's employment serves the church or is integral to the functioning of the church. The person must serve a religious leadership purpose. Wauwatosa Avenue United Methodist Church v. City of Wauwatosa,
2009 WI App 171,
321 Wis. 2d 796,
776 N.W.2d 280,
09-0202.
70.11 Annotation
In applying the sub. (4m) (a) exemption for nonprofit hospitals, when an off-site facility is engaged in the primary purpose of a parent hospital the court examines only whether the off-site facility is “used exclusively for the purposes of" that hospital. When the circuit court determined that an outpatient clinic effectively served as a department of the larger parent hospital, the outpatient clinic was used exclusively for the purposes of a hospital and therefore qualified for the exemption under sub. (4m) (a). Covenant Healthcare System, Inc. v. City of Wauwatosa,
2011 WI 80,
336 Wis. 2d 522,
800 N.W.2d 906,
09-1469.
70.11 Annotation
The determination of whether property is used as a “doctor's office" under sub. (4m) (a) ultimately turns on the facts of each case. Factors to be considered are discussed. That a clinic does not provide inpatient services, and that most patients are seen by physicians at the clinic by appointment during regular business hours is not determinative of a “doctor's office." Covenant Healthcare System, Inc. v. City of Wauwatosa,
2011 WI 80,
336 Wis. 2d 522,
800 N.W.2d 906,
09-1469.
70.11 Annotation
In the context of not-for-profit entities, the definition of “commercial purposes" in sub. (4m) (a) is not limited to those purposes that generate profits. The more appropriate definition of commercial for the purposes of the not-for-profit hospital exemption is having profit as the primary aim. Not-for-profit entities may operate in such a fashion that generates revenues in excess of expenses. Covenant Healthcare System, Inc. v. City of Wauwatosa,
2011 WI 80,
336 Wis. 2d 522,
800 N.W.2d 906,
09-1469.
70.11 Annotation
Under the sub. (4m) (a) exemption of hospital property from taxation if “no part of the net earnings . . . inures to the benefit of any shareholder, member, director or officer," the term “member" does not include not-for-profit entities. Covenant Healthcare System, Inc. v. City of Wauwatosa,
2011 WI 80,
336 Wis. 2d 522,
800 N.W.2d 906,
09-1469.
70.11 Annotation
A nonprofit entity that is “operated as a facility that is licensed, certified, or registered under ch. 50" is eligible for the exemption under sub. (4) (a), whether or not the facility is benevolent. The word “benevolent," found within the clause “including benevolent nursing homes," clearly modifies “nursing homes"; it does not modify “facility." Beaver Dam Community Hospitals, Inc. v. City of Beaver Dam,
2012 WI App 102,
344 Wis. 2d 278,
822 N.W.2d 491,
11-1479.
70.11 Annotation
The purpose, and not the name it is given, determines whether a government charge constitutes a tax. The primary purpose of a tax is to obtain revenue for the government, while the primary purpose of a fee is to cover the expense of providing a service or of regulation and supervision of certain activities. The test is whether the primary purpose of the charge is to cover the expense of providing services, supervision, or regulation. Here, the town demonstrated that the primary purpose of a charge was to cover the expense of providing the service of fire protection to the properties within its geographic boundaries, and, therefore, the charge was a fee rather than a tax and assessable against county property. Town of Hoard v. Clark County,
2015 WI App 100,
366 Wis. 2d 239,
873 N.W.2d 241,
15-0678.
70.11 Annotation
Tax exemption statutes are strictly construed against granting an exemption. The burden is on the party seeking the exemption to prove its entitlement, and any ambiguity is resolved in favor of taxation. Although the court applies a strict construction, that does not mean that the court need apply the narrowest possible construction or an unreasonable construction. The court, therefore, applies a “strict but reasonable" interpretation to a tax exemption statute. Southwest Airlines Co. v. DOR,
2021 WI 54,
397 Wis. 2d 431,
960 N.W.2d 384,
19-0818.
70.11 Annotation
Under the plain language of sub. (42) (a) 2. a., operating fewer than 45 flights on any weekday disqualifies an airline from the hub facility exemption. The unambiguous plain language of the statute does not provide any exceptions for bad weather or holidays, and an air carrier company must do more than merely schedule a flight in order for that flight to count toward the exemption. The flight must actually be “operated" and must “depart." In addition, the legislature's use of the term “each weekday" does not support aggregating the number of flights for the year and calculating the average—the threshold must be met each individual weekday. Southwest Airlines Co. v. DOR,
2021 WI 54,
397 Wis. 2d 431,
960 N.W.2d 384,
19-0818.
70.11 Annotation
The property tax exemption for pollution control facilities provided in sub. (21) (a) [now sub. (21) (am)] applies to pollution control facilities incorporated into new plants to be constructed, in addition to those installed to abate or eliminate existing pollution sources. 60 Atty. Gen. 154.
70.11 Annotation
Preferential tax treatment may not be given to any organization that discriminates on the basis of race. Pitts v. DOR,
333 F. Supp. 662 (1971).
70.11 Annotation
Tax exemption and religious freedom. 54 MLR 385.
70.11 Annotation
What is Benevolence? Clarifying Wisconsin's Real Property Tax Exemption for Benevolent Organizations and the Argument for the “Retirement" of the Exemption for High-End Senior-Housing Complexes. Jaynes. 2006 WLR 1434.
70.1105(1)(1)
Property that is exempt under s.
70.11 and that is used in part in a trade or business for which the owner of the property is subject to taxation under sections
511 to
515 of the internal revenue code, as defined in s.
71.22 (4m), shall be assessed for taxation at that portion of the fair market value of the property that is attributable to the part of the property that is used in the unrelated trade or business. This section does not apply to property that is leased by an exempt organization to another person or to property that is exempt under s.
70.11 (34).
70.1105(2)
(2) Property, excluding land, that is owned or leased by a corporation that provides services pursuant to
15 USC 79 to a light, heat, and power company, as defined under s.
76.28 (1) (e), that is subject to taxation under s.
76.28 and that is affiliated with the corporation shall be assessed for taxation at the portion of the fair market value of the property that is not used to provide such services.
70.1105 History
History: 1997 a. 35 s.
243;
2001 a. 16.
70.1105 Annotation
Section 70.11 (intro.), and not this section, applies if an exempt organization leases part of its property to a for-profit entity. This section applies if the exempt organization engages in for-profit activities. However the methodology for determining exemptions under each is the same. Deutsches Land, Inc. v. City of Glendale,
225 Wis. 2d 70,
591 N.W.2d 583 (1999),
96-2489.
70.111
70.111
Personal property exempted from taxation. The property described in this section is exempted from general property taxes:
70.111(1)
(1)
Jewelry, household furnishings, and apparel. Personal ornaments and jewelry, family portraits, private libraries, musical instruments other than pianos, radio equipment, household furniture, equipment and furnishings, apparel, motor bicycles, electric bicycles, bicycles, and firearms if such items are kept for personal use by the owner and pianos if they are located in a residence.
70.111(2)
(2)
Animals. Farm poultry, farm animals, bees and bee equipment and fur-bearing animals under 4 months of age and the hides and pelts of all farm and fur-bearing animals in the hands of the grower.
70.111(3)
(3)
Boats. Watercraft employed regularly in interstate traffic, watercraft laid up for repairs, all pleasure watercraft used for recreational purposes, commercial fishing boats and equipment that is used by commercial fishing boats, charter sailboats and charter boats, other than sailboats, that are used for tours.
70.111(3m)
(3m)
Charter sport fishing boats. Motorboats, and the equipment used on them, which are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in s.
29.001 (63), and the rivers and tributaries specified in s.
29.2285 (2) (a) 1. and
2. if the owner and all operators are licensed under s.
29.512 or under s.
29.514 or both and by the U.S. coast guard to operate the boat for that purpose.
70.111(4)
(4)
Crops. Growing and harvested crops, and the seed, fertilizer and supplies used in their production or handling, in the hands of the grower, including nursery stock and trees growing for sale as such, medicinal plants, perennial plants that produce an annual crop and plants growing in greenhouses or under hotbeds, sash or lath. This exemption also applies to trees growing for sale as Christmas trees.
70.111(5)
(5)
Family supplies. Provisions and fuel to sustain the owner's family; but no person paying board shall be deemed a member of a family.
70.111(6)
(6)
Feed. Feed and feed supplements owned by the operator or owner of a farm and used in feeding on the farm and not for sale.
70.111(7)
(7)
Horses, etc. All horses, mules, wagons, carriages, sleighs, harnesses.
70.111(9)
(9)
Tools and garden machines. The tools of a mechanic if those tools are kept and used in the mechanic's trade; and garden machines and implements and farm, orchard and garden tools if those machines, implements and tools are owned and used by any person in the business of farming or in the operation of any orchard or garden. In this subsection, “machine" has the meaning given in sub.
(10) (a) 2. 70.111(10)(a)1.
1. “Building" means any structure that is intended to be a permanent accession to real property; that is designed or used for sheltering people, animals or plants, for storing property or for working, office, parking, sales or display space, regardless of any contribution that the structure makes to the production process in it; that in physical appearance is annexed to that real property; that is covered by a roof or encloses space; that is not readily moved or disassembled; and that is commonly known to be a building because of its appearance and because of the materials of which it is constructed.
70.111(10)(a)2.
2. “Machine" means an assemblage of parts that transmits force, motion and energy from one part to another in a predetermined manner.
70.111(10)(b)
(b) Tractors and machines; including accessories, attachments, fuel and repair parts for them; whether owned or leased, that are used exclusively and directly in farming; including dairy farming, agriculture, horticulture, floriculture and custom farming services; but not including personal property that is attached to, fastened to, connected to or built into real property or that becomes an addition to, component of or capital improvement to real property and not including buildings or improvements to real property, regardless of any contribution that that personal property makes to the production process in them and regardless of the extent to which that personal property functions as a machine.
70.111(10)(c)
(c) For purposes of this subsection, the following items retain their character as tangible personal property, regardless of the extent to which they are fastened to, connected to or built into real property:
70.111(10)(c)8.
8. Milking machines; including piping, pipeline washers and compressors.
70.111(10)(c)10.
10. Powered feeders, but not including platforms or troughs constructed from ordinary building materials.
70.111(11)
(11)
Cheese. Natural cheese owned by the Wisconsin primary manufacturer or by any other person while in storage for the purpose of further aging in preparation for cutting, packaging or other processing.
70.111(14)
(14)
Milkhouse equipment. Milkhouse equipment used by a farmer, including mechanical can coolers, bulk tanks and hot water heaters. This exemption shall apply whether such equipment is deemed personal property or is so affixed to the realty as to be classified in the category of real estate.
70.111(17)
(17)
Merchants' stock-in-trade; manufacturers' materials and finished products; livestock. As of January 1, 1981, merchants' stock-in-trade, manufacturers' materials and finished products and livestock.
70.111(18)
(18)
Energy systems. Biogas or synthetic gas energy systems, solar energy systems, and wind energy systems. In this subsection, “biogas or synthetic gas energy system" means equipment which directly converts biomass, as defined under section
45K (c) (3) of the Internal Revenue Code, as interpreted by the Internal Revenue Service, into biogas or synthetic gas, equipment which generates electricity, heat, or compressed natural gas exclusively from biogas or synthetic gas, equipment which is used exclusively for the direct transfer or storage of biomass, biogas, or synthetic gas, and any structure used exclusively to shelter or operate such equipment, or the portion of any structure used in part to shelter or operate such equipment that is allocable to such use, if all such equipment, and any such structure, is located at the same site, and includes manure, substrate, and other feedstock collection and delivery systems, pumping and processing equipment, gasifiers and digester tanks, biogas and synthetic gas cleaning and compression equipment, fiber separation and drying equipment, and heat recovery equipment, but does not include equipment or components that are present as part of a conventional energy system. In this subsection, “synthetic gas" is a gas that qualifies as a renewable resource under s.
196.378 (1) (h) 1. h. In this subsection, “solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, but does not include equipment or components that would be present as part of a conventional energy system or a system that operates without mechanical means. In this subsection, “wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy, but does not include equipment or components that would be present as part of a conventional energy system. Until the tax incremental district terminates, the exemption under this subsection for biogas or synthetic gas energy systems does not apply to property in existence on January 1, 2014, and located in a tax incremental financing district in effect on January 1, 2014.
70.111 Cross-reference
Cross-reference: See also s.
Tax 12.50, Wis. adm. code.
70.111(19)
(19)
Camping trailers, recreational mobile homes, and recreational vehicles. 70.111(19)(b)
(b) Recreational mobile homes, as defined in s.
66.0435 (1) (hm), and recreational vehicles, as defined in s.
340.01 (48r). The exemption under this paragraph also applies to steps and a platform, not exceeding 50 square feet, that lead to a doorway of a recreational mobile home or a recreational vehicle, but does not apply to any other addition, attachment, deck, or patio.
70.111(20)
(20)
Logging equipment. All equipment used to cut trees, to transport trees in logging areas or to clear land of trees for the commercial use of forest products.
70.111(21)
(21)
Structures for ginseng. Any temporary structure in the hands of a grower of ginseng used or designed to be used to provide shade for ginseng plants.
70.111(22)(a)(a) Except as provided in par.
(b), personal property held for rental for periods of one month or less to multiple users for their temporary use, if the property is not rented with an operator, if the owner is not a subsidiary or affiliate of any other enterprise and the owner is engaged in the rental of the property subject to the exemption to the other enterprise, if the owner is classified in group number 735, industry number 7359 of the 1987 standard industrial classification manual published by the U.S. office of management and budget and if the property is equipment, including construction equipment but not including automotive and computer-related equipment, television sets, video recorders and players, cameras, photographic equipment, audiovisual equipment, photocopying equipment, sound equipment, public address systems and video tapes; party supplies; appliances; tools; dishes; silverware; tables; or banquet accessories.
70.111(22)(b)
(b) Personal property held primarily for rental for periods of 364 days or less to multiple users for their temporary use, if the property is not rented with an operator, if the owner is not a subsidiary or affiliate of any other enterprise and the owner is engaged in the rental of the property subject to the exemption to the other enterprise, if the owner is classified under 532412 of the North American Industry Classification System, 2012 edition, published by the U.S. bureau of the census, and if the property is heavy equipment used for construction, mining, or forestry, including bulldozers, earthmoving equipment, well-drilling machinery and equipment, or cranes.
70.111(23)
(23)
Vending machines. All machines that automatically dispense food and food ingredient, as defined in s.
77.51 (3t), upon the deposit in the machines of specified coins or currency, or insertion of a credit card, in payment for the food and food ingredient, as defined in s.
77.51 (3t).
70.111(24)
(24)
Motion picture theater equipment. Projection equipment, sound systems and projection screens that are owned and used by a motion picture theater.
70.111(25)
(25)
Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station, television station, or video service network, as defined in s.
66.0420 (2) (zb).
70.111(26)(b)
(b) A high density sequencing system that by mechanical or electronic operation moves printed materials from one place to another within the production process, organizes the materials for optimal staging, or stores and retrieves the materials to facilitate the production or assembly of such materials.
70.111(27)(a)
(a) In this subsection, “machinery" means a structure or assemblage of parts that transmits force, motion, or energy from one part to another in a predetermined way by electrical, mechanical, or chemical means. “Machinery" does not include a building.
70.111(27)(b)
(b) Beginning with the property tax assessments as of January 1, 2018, machinery, tools, and patterns, not including such items used in manufacturing.
70.111(27)(c)
(c) A taxing jurisdiction may include the most recent valuation of personal property described under par.
(b) that is located in the taxing jurisdiction for purposes of complying with debt limitations applicable to the jurisdiction.
70.111 History
History: 1971 c. 315;
1973 c. 90;
1973 c. 336 s.
36;
1975 c. 39,
224;
1977 c. 29 ss.
746,
1646 (2), (3), (4);
1977 c. 142,
273;
1979 c. 3,
199,
349;
1981 c. 20,
221;
1983 a. 27 ss.
1179 to
1179m;
1983 a. 88,
201,
243,
276;
1985 a. 29;
1987 a. 387,
399;
1989 a. 31;
1991 a. 269;
1993 a. 85;
1995 a. 27;
1997 a. 248;
1999 a. 9;
1999 a. 150 s.
672;
2001 a. 16,
30,
105;
2005 a. 298;
2007 a. 11,
20,
42,
97;
2009 a. 2;
2013 a. 20,
144,
193;
2015 a. 55;
2017 a. 59;
2019 a. 34.
70.111 Annotation
Personal property held out for rental is not “stock-in-trade" under sub. (17). Village of Menomonee Falls v. Falls Rental World,
135 Wis. 2d 393,
400 N.W.2d 478 (Ct. App. 1986).
70.111 Annotation
The exemption under sub. (9) applies only to personal property. Pulsfus v. Town of Leeds,
149 Wis. 2d 797,
440 N.W.2d 329 (1989).
70.111 Annotation
“Interstate traffic" in sub. (3) means interstate commerce; what constitutes a boat in interstate commerce is discussed. Town of LaPointe v. Madeline Island Ferry,
179 Wis. 2d 726,
508 N.W.2d 440 (Ct. App. 1993).
70.111 Annotation
A mobile home is an improvement to real property under s. 70.043 (1) when the home is resting for more than a temporary time, in whole or in part, on some other means of support than its wheels, but a mobile homes may be personal property and exempt under sub. (19) (b) although it may have some weight off its wheels. Ahrens v. Town of Fulton,
2002 WI 29,
251 Wis. 2d 135,
641 N.W.2d 423,
99-2466.
70.111 Annotation
In applying sub. (20), the use of the equipment rather than the primary purpose of the underlying business is the determining factor in deciding whether equipment is exempt from taxation. De minimis uses of the property are not sufficient to invoke this exemption. Village of Lannon v. Wood-Land Contractors, Inc.,
2003 WI 150,
267 Wis. 2d 158,
672 N.W.2d 275,
02-0236.
70.111 Annotation
Sub. (22) unambiguously expresses the legislature's clear intent to exempt rental property from taxation that is held for rental for one month or less and for property available for rental for more than one month to be taxed. There is no ambiguity in the statutory language such that it might possibly apply to property that is held for rental for one month or less and that is also available for rental for more than one month. United Rentals, Inc. v. City of Madison,
2007 WI App 131,
305 Wis. 2d 120,
741 N.W.2d 471,
05-1440.
70.111 Annotation
As used in sub. (1), “kept for personal use" does not explicitly limit the use of personal property solely to personal use. The decisive question is whether the use is de minimus or inconsequential. Faydash v. City of Sheboygan,
2011 WI App 57,
332 Wis. 2d 397,
797 N.W.2d 540,
10-2073.
70.112
70.112
Property exempted from taxation because of special tax. The property described in this section is exempted from general property taxes:
70.112(1)
(1)
Money and intangible personalty. Money and all intangible personal property, such as credit, checks, share drafts, other drafts, notes, bonds, stocks and other written instruments.
70.112(4)
(4)
Special property and gross receipts taxes or license fees.
