76.07(3)(3) Assessment. For the purpose of determining the full market value of the property of each company appearing on the assessment roll, the department may view and inspect the property of such company and shall consider the reports filed in compliance with s. 76.04 and the reports and returns of the company filed in the office of any officer of this state, and other evidence or information bearing upon the full market value of the property of the company assessed. In case of companies which own or use property lying partly within and partly without the state, the department shall value and assess only the property within this state, using the methods under subs. (4g) and (4r). When the full market value of the property of a company within this state has been determined, the amount shall be entered upon the assessment roll opposite the name of the company and shall be the assessment of the entire property of such company within this state for the levy of taxes thereon, subject to review and correction. The department shall thereupon give notice by certified mail to each company assessed of the amount of its assessment as entered upon such roll. 76.07(4g)(4g) Determining the property in this state. The department shall determine the property in this state of railroad companies, air carrier companies, pipeline companies and telephone companies in the following manner: 76.07(4g)(a)1.1. Determine the ton miles of revenue freight handled in this state. 76.07(4g)(a)2.2. Divide the amount under subd. 1. by the ton miles of revenue freight handled everywhere. 76.07(4g)(a)4.4. Determine the number of cars originated, terminated, received at connections, delivered at connections or otherwise handled in this state. 76.07(4g)(a)5.5. Divide the amount under subd. 4. by the number of cars originated, terminated, received at connections, delivered at connections or otherwise handled everywhere. 76.07(4g)(a)7.7. Determine the tons of revenue freight on line, both originated and terminated, and at connections, both received and delivered, in this state. 76.07(4g)(a)8.8. Divide the amount under subd. 7. by the tons of revenue freight on line, both originated and terminated, and at connections, both received and delivered, everywhere. 76.07(4g)(a)10.10. Determine the depreciated cost of real property owned or rented by the company and used in the operation of the company’s business in this state. 76.07(4g)(a)13.13. Divide the amount under subd. 10. by the depreciated cost of real property everywhere. 76.07(4g)(a)16.16. Multiply the fraction under subd. 15. by the full market value of the company’s property everywhere. 76.07(4g)(b)(b) Air carrier companies. For air carrier companies: 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. 77.522 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-referenceCross-reference: See also s. Tax 6.50, Wis. adm. code. 76.07 AnnotationA 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). 76.07476.074 Property exempt from assessment. 76.074(1)(a)(a) Notwithstanding s. 76.02, “air carrier company” means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights. In this paragraph, “aircraft” has the meaning given in s. 76.02 (1). 76.074(1)(b)1.1. A facility at an airport from which an air carrier company operated at least 45 common carrier departing flights each weekday in the prior year and from which it transported passengers to at least 15 nonstop destinations, as defined by rule by the department, or transported cargo to nonstop destinations, as defined by rule by the department. 76.074(1)(b)2.2. An airport or any combination of airports in this state from which an air carrier company cumulatively operated at least 20 common carrier departing flights each weekday in the prior year, if the air carrier company’s headquarters, as defined by rule by the department, is in this state. 76.074(2)(2) Property owned by an air carrier company that operates a hub facility in this state, if the property is used in the operation of the air carrier company, is exempt from taxation under this subchapter and from local assessment and taxation. 76.074(3)(3) For assessments after January 1, 2024, the personal property, as defined in s. 70.04, of a railroad company is exempt from taxation under this subchapter and from local assessment and taxation. 76.074 HistoryHistory: 2023 a. 12. 76.07576.075 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 percent 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 percent 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 0.25 percent 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 HistoryHistory: 1989 a. 31; 2021 a. 1. 76.0876.08 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 HistoryHistory: 1971 c. 125 s. 521; Sup. Ct. Order, 67 Wis. 2d 585, 751 (1975); 1977 c. 449; 1989 a. 31.
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