AB40,721,85
2. An individual who files a reckless claim may not file a claim for a credit for
62 successive taxable years, beginning with the taxable year that begins immediately
7after the taxable year for which the department determined that the individual filed
8a reckless claim.
AB40,721,129
(c)
Reinstatement. After the period described under par. (b) during which an
10individual may not file a claim for a credit, he or she may file a claim for a credit,
11subject to any requirements that the department may impose on the individual to
12demonstrate that he or she is eligible to claim the credit.
AB40,1445
13Section
1445. 71.91 (6) (a) 1. of the statutes is renumbered 71.91 (6) (a) 1g.
AB40,1446
14Section
1446. 71.91 (6) (a) 1d. of the statutes is created to read:
AB40,721,1715
71.91
(6) (a) 1d. "Continuous levy" means a levy that is in effect from the date
16on which it is served on a 3rd party until the liability out of which the levy arose is
17satisfied or until the levy is released, whichever occurs first.
AB40,1447
18Section
1447. 71.91 (6) (a) 2n. of the statutes is created to read:
AB40,721,2019
71.91
(6) (a) 2n. "Noncontinuous levy" means a levy that is in effect on the date
20on which it is served on a 3rd party.
AB40,1448
21Section
1448. 71.91 (6) (b) of the statutes is amended to read:
AB40,722,722
71.91
(6) (b)
Powers of levy and distraint. If any person who is liable for any
23tax administered by the department neglects or refuses to pay that tax within 10
24days after that tax becomes delinquent, the department may collect that tax and the
25expenses of the levy by levy upon, and sale of, any property belonging to that person
1or any property on which there is a lien as provided by sub. (4) in respect to that
2delinquent tax. Whenever any property that has been levied upon under this section
3is not sufficient to satisfy the claim of the department, the department may levy upon
4any other property liable to levy of the person against whom that claim exists until
5the taxes and expenses of the levy are fully paid. A levy
imposed under this
6paragraph may be continuous or noncontinuous, except that a levy on commissions,
7wages
, or salaries is continuous
until the liability out of which it arose is satisfied.
AB40,1449
8Section
1449. 71.91 (6) (f) 1. of the statutes is amended to read:
AB40,722,199
71.91
(6) (f) 1. As soon as practicable after obtaining property, the department
10shall notify, in
writing the manner prescribed by the department, the owner of any
11real
or personal property, and
, at the possessor's request, the possessor of any
12personal property, obtained by the department under this subsection. That notice
13may be left at the person's usual place of residence or business. If the owner cannot
14be located or has no dwelling or place of business in this state, or if the property is
15obtained as a result of a continuous levy on commissions, wages or salaries, the
16department may mail a notice to the owner's last-known address. That notice shall
17specify the sum demanded and shall contain, in the case of personal property, an
18account of the property obtained and, in the case of real property, a description with
19reasonable certainty of the property seized.
AB40,1450
20Section
1450. 71.91 (6) (f) 2. of the statutes is amended to read:
AB40,723,321
71.91
(6) (f) 2. As soon as practicable after obtaining property, the department
22shall notify the owner in the manner prescribed under subd. 1. and shall cause a
23notice of the sale to be published in a newspaper published or generally circulated
24within the county where the property was obtained. If there is no newspaper
25published or generally circulated in that county, the department shall post that
1notice at the city, town or village hall nearest the place where the property was
2obtained and in at least 2 other public places. That notice shall specify the property
3to be sold and the time, place, manner and conditions of the sale.
AB40,1451
4Section
1451. 71.93 (3) (a) of the statutes is renumbered 71.93 (3) (a) (intro.)
5and amended to read:
AB40,723,106
71.93
(3) (a) (intro.) The department of revenue shall setoff any debt or other
7amount owed to the department, regardless of the origin of the debt or of the amount,
8its nature or its date. If after the setoff there remains a refund in excess of $10, the
9department shall set off the remaining refund against certified debts of other
state
10agencies. entities in the following order:
AB40,723,18
11(am) If more than one certified debt exists for any debtor
for the same type of
12debt specified under par. (a) 1. to 9., the refund shall be first set off against the
13earliest debt certified, except that no child support or spousal support obligation
14submitted by an agency of another state may be set off until all debts owed to and
15certified by state agencies of this state have been set off. When all debts have been
16satisfied, any remaining refund shall be refunded to the debtor by the department.
17Any legal action contesting a setoff under this paragraph shall be brought against
18the
state agency entity that certified the debt
under sub. (2).
AB40,1452
19Section
1452. 71.93 (3) (a) 1. to 9. of the statutes are created to read:
AB40,723,2120
71.93
(3) (a) 1. Wisconsin child support debt certified by the department of
21children and families under sub. (2).
AB40,723,2422
2. State agency debt collected pursuant to an agreement under sub. (8) and debt
23owed to the courts, the legislature, or an authority, as defined in s. 16.41 (4), collected
24pursuant to an agreement under sub. (8).
AB40,724,2
13. Debt owed to local units of government collected pursuant to an agreement
2under sub. (8).
AB40,724,43
4. Debt certified under sub. (2), other than child support debt certified by the
4department of children and families.
AB40,724,65
5. Child support or spousal support obligations submitted by an agency of
6another state.
AB40,724,77
6. Debt certified under s. 71.935 (2).
AB40,724,98
7. Federal tax obligations collected pursuant to an agreement under s. 73.03
9(52) (a).
AB40,724,1010
8. Tribal obligations collected pursuant to an agreement under s. 73.03 (52n).
AB40,724,1211
9. Tax obligations of other states collected pursuant to an agreement under s.
1273.03 (52m).
AB40,1453
13Section
1453. 71.93 (8) (b) 6. of the statutes is amended to read:
AB40,724,1914
71.93
(8) (b) 6. If the debtor owes debt to the department and to other entities,
15payments shall first apply to debts owed to the department
, then to the
state
16agencies, the courts, the legislature, and authorities, as defined in s. 16.41 (4), in the
17order in which the debts were referred to the department, and then to local units of
18government in the order in which the debts were referred to the department other
19entities in the order determined under sub. (3) (a).
AB40,1454
20Section
1454. 73.03 (27) of the statutes is amended to read: