ATCP 100.12(4)(b)1.1. An allowance for doubtful or uncollectible receivables. The notes to the financial statement shall describe the method used to account for doubtful or uncollectible receivables.

ATCP 100.12(5)(a)(a) Solely for the purpose of calculating a milk contractor’s fund assessment under s. 126.46, Stats., a milk contractor may adjust the milk contractor’s debt to equity ratio under s. 126.44 (8) (c) 2., Stats., by deducting, from liabilities reported in the milk contractor’s financial statement, an amount borrowed from a lending institution in order to hold aged cheese in inventory for the aging period required for that cheese under 21 CFR 133. A milk contractor may not make this adjustment unless all the following apply:

ATCP 100.12(5)(a)3.3. The amount of the liability deduction does not exceed the amount owed to the lending institution on the date of the balance sheet, or the value of the aged cheese on the date of the balance sheet, whichever is less.

ATCP 100.12(5)(a)4.4. The liability deduction and offsetting cheese inventory asset are identified in the financial statement notes or as an attachment to the financial statement.

ATCP 100.12 NoteNote: The liability adjustment under this section does not apply to the milk contractor’s debt to equity ratio when used for any purpose under ch. 126, Stats., other than the calculation of fund assessments under s. 126.46, Stats.

ATCP 100.12(5)(b)(b) If aged cheese inventory value as a percentage of total cheese inventory value is greater on the current annual balance sheet date than on the last preceding annual balance sheet date, the liability deduction under par. (a) may not exceed that prior year’s percentage multiplied by the total cheese inventory value on the current annual balance sheet date.

ATCP 100.12(6)(6) Attachments. If information required under this section is provided in an attachment to a reviewed or audited financial statement, the following requirements apply:

ATCP 100.12(6)(a)(a) The attachment shall be prepared on the letterhead of the certified public accountant who reviewed or audited the financial statement.

ATCP 100.12(6)(b)(b) The certified public accountant who reviewed or audited the financial statement shall certify, in the attachment, whether the certified public accountant has reviewed or audited the attachment.

ATCP 100.13(1)(1) Partial refund of assessment. The department may refund part of an annual fund assessment paid by a contributing milk contractor under s. ATCP 100.135 if all of the following apply:

ATCP 100.13(1)(a)(a) The milk contractor paid the full amount of the assessment, including any late payment penalties that apply under s. ATCP 100.135 (7) (e).

ATCP 100.13(1)(b)(b) The milk contractor is the surviving entity in a merger under s. 179.77, 180.1101, 183.1201 or 185.61, Stats., or has acquired property pursuant to a sale of assets under s. 180.1202, Stats.

ATCP 100.13(1)(c)(c) The assessment was based on the milk contractor’s financial statement for the fiscal year in which the merger or acquisition under par. (b) took effect.

ATCP 100.13(1)(d)(d) The milk contractor’s financial statement, for the fiscal year in which the merger or acquisition under par. (b) took effect, caused the sum of the milk contractor’s current ratio assessment rate under s. ATCP 100.135 (2) and debt to equity ratio assessment rate under s. ATCP 100.135 (4), to increase by at least 100% compared to the preceding license year.

ATCP 100.13(1)(e)(e) The milk contractor’s annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition under par. (b) took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.

ATCP 100.13(1)(f)(f) In the license year immediately following the license year for which the milk contractor paid the assessment, the sum of the milk contractor’s current ratio assessment rate under s. ATCP 100.135 (2) and debt to equity assessment rate under s. ATCP 100.135 (2) declines by at least 50% compared to the license year for which the milk contractor paid the assessment.

ATCP 100.13(1)(g)(g) The milk contractor requests the refund in writing, by May 1 of the milk contractor’s next license year.

ATCP 100.13(2)(2) Refund amount. The amount of the refund under sub. (1) shall equal 75% of the difference between the assessment amount paid by the milk contractor and the assessment amount required of the milk contractor in the next license year.

ATCP 100.13(3)(a)(a) The department shall pay the refund under sub. (1) as a credit against the milk contractor’s assessment for the next license year. The department shall apportion the credit, pro rata, against the quarterly assessment installments required of the milk contractor under s. ATCP 100.135 (7) in that next license year. If the credit exceeds the total assessment required of the milk contractor in that next license year, the department shall credit the balance in the same fashion against assessments required of the milk contractor in subsequent consecutive license years, except that the department may not grant a credit in more than 4 subsequent license years.

ATCP 100.13(3)(b)(b) The department may not pay any refund under sub. (1), except in the manner prescribed in par. (a). The department may not pay the refund to any person other than the milk contractor who paid the original assessment on which the refund is given.

ATCP 100.13 HistoryHistory: Emerg. cr. eff. 1-29-04; CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04; CR 07-073: am. (1) (intro.), (a), (d) and (3) (a) Register December 2008 No. 636, eff. 1-1-09; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.