Inheritance, appraiser
There is authority for the county court to appoint an additional appraiser for inheritance tax purposes in an estate where death occurred prior to May 14, 1972, and to pay for such an appraiser on the certificate of the county judge out of inheritance tax funds in possession of the Department of Revenue. (Unpub.). 21-1976
Inheritance tax rules
Section 253.34(1)(a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. 62-32
Interest
Semiannual tax payments varying by one cent are too trivial to justify assessing interest by county treasurer under sec. 74.03(4), Stats. 68-361
Intoxicating liquors
Blend of liquor taxed under sec. 139.03(2t), Stats., and other liquor may be taxed proportionately without violating sec. 139.03, Stats. 68-138
Joint tenants
The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of identity containing a legal description of the premises, the date and place of death of the decedent and full identification of both the decedent and the surviving joint tenant. County and municipal tax listing officials and the register of deeds have no authority to record or file any vital record including a death certificate except where the register of deeds acts as the local registrar under section 69.07, Stats. 80-73
Lands
In publishing redemption notices for tax delinquent lands under sec. 75.07(1), Stats., county treasurer is not authorized to omit the names of persons to whom such property was last assessed. 63-118
Section 75.07(1), Stats., requiring publication of redemption notice prior to expiration of time to redeem lands sold for taxes, is directory only; and failure to include in such publication the name of the person to whom such taxes were assessed does not invalidate a subsequent tax deed. 63-116
Land value taxation"
A statute which would allow any city, village or town to elect to apply so-called "land value taxation," i.e., the taxation of land as defined in sec. 70.03, Stats., exclusive of buildings or structures, to all lands within its boundaries, would be unconstitutional under the provisions of Wis. Const. art. VIII, sec. 1, which requires that general property taxation be uniform. 68-76
A municipality, otherwise qualified, is entitled to an exemption under section 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance "money expended for public library services to its inhabitants" by a general tax levy. 72-190
A town, city or village which does not maintain a public library, as a municipality or jointly with another municipality under contract, but which makes contributions to a nearby public library, cannot be exempted from the county library tax levy under sec. 43.64(2), Stats. 65-182
Menominee Tribe
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Mill rate limitations
Mill rate limitations on local taxing authorities provided in secs. 60.18(1), 61.46(1), 62.12(4) and 65.07(1)(a) and (f), Stats., apply to assessed values which do not exceed full values. 62-49
Municipal tax base
There is no constitutional prohibition against increasing either municipal tax rate limitations or increasing the municipal tax base. However, a constitutional amendment would be required to increase municipal debt limitations. 63-567
Municipal tax rate
There is no constitutional prohibition against increasing either municipal tax rate limitations or increasing the municipal tax base. However, a constitutional amendment would be required to increase municipal debt limitations. 63-567
Municipalities
Local government units cannot include the value of tax-exempt manufacturing machinery and specific processing equipment and tax exempt merchants' stock-in-trade, manufacturers' materials and finished products and livestock in their property valuation totals for "non-tax" purposes, such as for municipal debt ceilings, tax levy limitations, shared tax distributions and school aid payments. 63-465
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. (Unpub.). 45-1978
Withdrawn, see 67-277
Section 59.20(13), Stats., does not control the distribution of monies received from the federal government under 31 U.S.C. sec. 1601, et seq. Unpublished OAG 45-1978, issued June 9, 1978, is withdrawn. 67-277
Offset provisions
Section 646.51(7), Stats., is applicable to franchise taxes, income taxes and fire department dues. Only Wisconsin's assessments are used for offsets against Wisconsin taxes. The retaliatory tax provision of section 76.66, Stats., applies. If assessments are reimbursed, a tax credit should be recaptured. 72-17
Old age assistance
The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the State for payment of their property taxes, with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding, within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981
Overpayment of shared taxes to municipalities
Department of Revenue should adjust the correction of an overpayment of shared taxes to municipalities and counties in 1975, as certified on the July 1976, preliminary distribution, by reducing the correction to only $3,488,454.46 and thereby provide for a minimum 1975 distribution to municipalities and counties of $278,000,000. (Unpub.). 76-1976
Payment of property taxes by mail
Section 74.025, Stats., as amended, applies only to payment of property taxes by mail. 68-188
Penalty on overdue real estate taxes and special assessments
Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments regardless of when they became or become overdue. 71-189
Political contributions
If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state income tax purposes within the meaning of the statute. Political subdivisions of the state also are eligible for raffle licenses under the same conditions and for the same reasons. 67-323
Privilage tax
A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer's suggested retail price and the age of the motor vehicle would not violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
An ad valorem tax upon automobiles where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
Property tax liens
The enactment of chapter 20, section 1102c, Laws of 1981, changed the duration of tax liens docketed by the Department of Revenue under section 71.91(5)(b), Stats., from a fixed period of ten years to a period which continues until the tax liability is satisfied. 81-41
Property taxes
A statute which would allow any city, village or town to elect to apply so-called "land value taxation," i.e., the taxation of land as defined in sec. 70.03, Stats., exclusive of buildings or structures, to all lands within its boundaries, would be unconstitutional under the provisions of Wis. Const. art. VIII, sec. 1, which requires that general property taxation be uniform. 68-76
Section 74.73(2), Stats., provides that where a town, city or village refunds property taxes erroneously assessed as a result of an error or defect of law not caused by such local taxing jurisdiction or an official thereof, such entity is entitled to a credit by the county for that portion of such taxes previously paid over to the county. The statute does not direct that the next county levy be increased by such amount or authorize the county to levy a "special county charge" against such entity to recoup the amount so credited. 77-201
The statutes do not provide that town taxpayers may be granted special treatment for payment of property taxes even when a reassessment is not completed until shortly before the due date for payment of taxes. 68-163
When the deadline dates for making property tax installment payments fall on Sundays, the deadlines for making personal payments and postmarking mailed payments are extended to the next business days, which in 1988 are February 1 and August 1. To satisfy section 74.025, Stats., the proper official should receive mailed payments within five days of those dates, not within five days of January 31 and July 31. 77-1
Public records, sales tax on fees for
Fees charged for furnishing copies of public records are subject to sales tax. Fees charged for records searches and for certifying copies of records are not subject to sales tax. 73-36
Real estate taxes
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became or become overdue. 71-189
Section 75.36, Stats., provides that a county need not assume and pay all unpaid or delinquent municipal taxes, assessments and charges due on a parcel of property at the time the county acquires such property by tax deed. The statute also provides that the county is not required to assume and pay any such taxes which remain unrecovered upon the sale of such property because the sum realized was insufficient to pay all such outstanding municipal tax obligations. (Unpub.). 31-1987
Real estate transfer
Section 77.22, Stats., is violated when value is intentionally falsified on a Wisconsin Real Estate Transfer Return. Falsely declaring a transfer as a sale when it is in fact a gift does not constitute a violation of sec. 77.27, Stats., nor will it support the issuance of a false swearing complaint under sec. 946.32, Stats., but it may constitute a gift tax avoidance in violation of sec. 72.86(6), Stats. 62-251
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
