71.80(10)(b)
(b) The department shall file a petition for a court order in a circuit court for the county in which the respondent in the action resides.
71.80(10)(c)
(c) Filing a return after the time prescribed by law shall not relieve any person, including an officer of a corporation, from any penalties whether or not the department filed a petition for a court order under this subsection.
71.80(11)
(11) Return presumed correct. The department shall presume the incomes reported on the current return to be correct for the purpose of preparing initial assessments.
71.80(12)
(12) Department considered lawful attorney for nonresident. 71.80(12)(a)(a) The transaction of business or the performance of personal services in this state or the derivation of income from property the income from which has a taxable situs in this state by any nonresident person, except where the nonresident is a foreign corporation that has been licensed under ch.
180, shall be all of the following:
71.80(12)(a)1.
1. Considered an irrevocable appointment by the nonresident, binding upon the nonresident or the nonresident's personal representative, of the department of financial institutions to be the nonresident's lawful attorney upon whom may be served any notice, order, pleading, or process, including any notice of assessment, denial of application for abatement, or denial of claim for refund, by any administrative agency or in any proceeding by or before any administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter.
71.80(12)(a)2.
2. A signification of the nonresident's agreement that any notice, order, pleading, or process described in subd.
1. that is so served is of the same legal force and validity as if served on the nonresident or on the nonresident's personal representative.
71.80(12)(b)
(b) The transaction of business in this state or the derivation of income that has a situs in this state under the provisions of this chapter by any person while a resident of this state shall be all of the following:
71.80(12)(b)1.
1. Considered an irrevocable appointment by that person, binding upon that person or that person's personal representative, effective upon that person becoming a nonresident of this state, of the department of financial institutions to be that person's true and lawful attorney upon whom may be served any notice, order, pleading, or process, including any notice of assessment, denial of application for abatement, or denial of claim for refund, by any administrative agency or in any proceeding by or before an administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter.
71.80(12)(b)2.
2. A signification of the person's agreement that any notice, order, pleading, or process described in subd.
1. that is so served is of the same legal force and validity as if served on the person or on the person's personal representative.
71.80(12)(c)1.1. Service under par.
(a) 1. or
(b) 1. shall be made by serving a copy of the notice, order, pleading, or process upon the department of financial institutions or by filing a copy of the notice, order, pleading, or process with the department of financial institutions.
71.80(12)(c)2.
2. Service under subd.
1. upon a person, or that person's personal representative, shall be sufficient if all of the following conditions are met:
71.80(12)(c)2.a.
a. Within 10 days of completion of service, notice of the service and a copy of the served notice, order, pleading, or process are sent by the state department, officer, or agency making the service to the person, or the person's personal representative, at the person's last-known address.
71.80(12)(c)2.b.
b. An affidavit of compliance with this paragraph is filed with the department of financial institutions.
71.80(12)(c)3.
3. The department of financial institutions shall keep a record of all notices, orders, pleadings, processes, and affidavits served upon or filed with it under this section, noting in the record the day and hour of service or filing.
71.80(14)(b)
(b) The fact that an individual's name is signed to a return, statement or other document shall be prima facie evidence for all purposes that the return, statement or other document was actually signed by that person.
71.80(15)(a)
(a) In this subsection, “employer" means the resident person or firm which engages the services of an entertainer, as defined in s.
71.01 (2), or an entertainment corporation or, in the absence of that person or firm, the resident person last having receipt, custody or control of the proceeds of the entertainment event.
71.80(15)(b)1.1. All entertainers, except entertainers who work for an entertainment corporation, and entertainment corporations not otherwise employed or regularly engaged in business in this state shall file a surety bond with the department of revenue at least 7 days before a performance. That bond shall be payable to the department to guarantee payment of income, franchise, sales and use taxes, income taxes withheld under subch.
X, penalties and interest. The amount of the bond shall be 6 percent of either the total contract price on all contracts that exceed $7,000 or, if the total contract price is not readily determinable and the department's estimate of the total remuneration to be received by the entertainer or entertainment corporation exceeds $7,000, 6 percent of the department's estimate. Amounts previously earned in this state by an entertainer or entertainment corporation during the same calendar year for which no bond or cash deposit has been filed under this paragraph or for which no amounts have been withheld under s.
71.64 (5) shall be added together to determine the total contract price. The department shall approve the form and content of the bond. The bond shall remain in force until the liability under the bond is released by the department.
71.80(15)(b)2.
2. The total contract price under subd.
1. may be reduced by travel expenses, or advance payments of travel expenses, made pursuant to an accountable plan under U.S. Treasury Regulation 1.62-2. For purposes of this subdivision, “travel expenses" means amounts paid to, or on behalf of, an entertainer for actual transportation, lodging, and meals that are directly related to the entertainer's performance in this state.
71.80(15)(c)
(c) In place of the bond under par.
(b) and with the department's approval, an entertainer or entertainment corporation may deposit with the department money equal to the face value of the bond required under par.
(b). The department shall retain the money until it determines the depositor's liability for state income, franchise, sales and use taxes and income tax withheld under subch.
X. If the deposit exceeds the liability, the department shall refund the difference to the depositor without interest.
71.80(15)(d)
(d) If the department concludes that a bond or money deposit is not necessary to protect the revenues of the state, it may waive the requirements of pars.
(b) and
(c).
71.80(15)(e)
(e) Each person who is an employer of an entertainer or entertainment corporation, as defined in s.
71.63 (3), shall, before paying for those services, require proof that the bond required by par.
(b) or the money deposit required by par.
(c) has been provided or that the department has waived those requirements. If proof is not provided, the person shall withhold and immediately transmit to the department from that person's payment the amount for which a bond should have been provided under par.
(b). Failure to withhold or transmit the amount required under this paragraph or under s.
71.64 (5) shall make the person required to withhold it personally liable for the amount required under this paragraph.
71.80(15)(f)
(f) An employer of an entertainer or entertainment corporation under s.
71.63 (3) (b) who is required to withhold moneys under par.
(e) or s.
71.64 (5) and who has no direct knowledge of the total contract price to be paid an entertainer or entertainment corporation is not liable under par.
(e) if the employer withholds moneys based upon a signed statement provided by the entertainer, the entertainment corporation or the promoter attesting to the amount of the total contract price. The employer shall deliver the signed statement to the department within 30 days after the date of the performance. Statements under this paragraph are subject to s.
71.83 (2) (b) 1. and
2. 71.80(16)
(16) Surety bond; nonresident contractor.