Corporate stock constitutes “actual consideration" under sub. (9). Gottfried, Inc. v. DOR, 145 Wis. 2d 715
, 429 N.W.2d 508
(Ct. App. 1988).
A principal/agent relationship for purposes of sub. (9) must be examined as of the date of the conveyance. Washington National Development Co. v. DOR, 194 Wis. 2d 567
, 535 N.W.2d 71
(Ct. App. 1995).
Exemptions are strictly construed against granting the exemption. While subs. (15m) and (15s) exempt transfers between family members and family business entities, they do not exempt transfers from one family business to another even though the same transaction, had it been completed in 2 separate transfers, would have been exempt. Wolter v. DOR, 231 Wis. 2d 651
, 605 N.W.2d 283
(Ct. App. 1999), 99-0671
Sub. (15s) applies only if the members of the limited liability company are human. The requirement that all of the members of the LLC be related to each other was reasonably interpreted to reject the argument that if there is only one member, that member need not be human because neither humans nor entities may be related to themselves. F.M. Management Co. v. Department of Revenue, 2004 WI App 19
, 269 Wis. 2d 526
, 674 N.W.2d 922
There is no family member exemption under sub. (15m) when the transfer is between partnerships rather than from a partnership to exempted family members. For the exemption to apply, the partner or partners who are involved in the conveyance must be human beings, not just legal entities. Turner v. DOR, 2004 WI App 82
, 271 Wis. 2d 760
, 679 N.W.2d 880
Exemptions from return.
No return is required with respect to a conveyance exempt under s. 77.25 (1)
This section is shown as affected by 2015 Wis. Acts 145
and as merged by the legislative reference bureau under s. 13.92 (2) (i). The comma in brackets was rendered unnecessary by the treatment by Act 145. Corrective legislation to remove the bracketed comma and replace the comma following “
s. 77.25 (1)" with “or" is pending.
History: 1983 a. 27
; 1987 a. 27
; 1991 a. 39
; 2015 a. 145
; s. 13.92 (2) (i).
Local fees prohibited. 77.256(1)
No city, village, town, or county may impose a fee on a conveyance that is exempt from the real estate transfer fee under s. 77.25
If a city, village, town, or county has an ordinance in effect on February 6, 2016, that is inconsistent with the prohibition under sub. (1)
, the city, village, town, or county may not enforce the ordinance.
History: 2015 a. 145
Powers of investigation, additional fees, refunds, penalties. 77.26(1)
The department of revenue may examine any records of any party to a conveyance to determine the real estate transfer fee due and the accuracy of the return submitted.
If the department of revenue determines that the amount of the real estate transfer fee reported was in error or that an exemption was improperly claimed, the department shall compute the additional transfer fee to be paid by, or the amount of the overpayment of transfer fee to be refunded to, the grantor.
All additional assessments and claims for refund are subject to the applicable notice provisions and procedures for review, final determination, collection, interest and penalties provided for additional income or franchise tax assessments and claims for refund under ch. 71
The department of revenue shall collect additional real estate transfer fees and divide the amount collected with the appropriate county in the proportion under s. 77.24
In the case of overpayment of transfer fees by any grantor under sub. (2)
, the department of revenue shall certify the overpayment to the department of administration for payment of the refund to the grantor.
The department of revenue shall notify the appropriate county treasurer of any refund paid by the state, and the appropriate county treasurer shall increase the county's next payment to the state to reimburse the state for the county's share of the refund.
No person may make additional assessments of transfer fees or claim a refund of excess transfer fees paid after 4 years have elapsed from the date the transfer fee was due under s. 77.22
If the department of revenue determines that the value reported on the return under s. 77.22
is understated by 25 percent or more or that an exemption was improperly claimed under s. 77.25
, the department shall assess and collect a penalty of $25 or 25 percent of the additional fee due, whichever is greater, in the manner that additional transfer fees are collected.
History: 1983 a. 27
; 1991 a. 39
Grantor and grantee social security numbers and grantor and grantee telephone numbers from real estate transfer returns shall be confidential, but the returns, and the information contained in the returns, may be disclosed as follows:
The department of revenue shall distribute information from the returns to local assessors. The local assessors shall maintain the confidentiality of social security numbers and telephone numbers from the returns.
The local assessor shall permit the inspection of all returns filed under this subchapter for property within any local unit of government for which property taxes are levied by the chief elected official, or a person designated by the official, of that unit upon the adoption of a resolution by the governing body of the unit directing the official to inspect the returns for the purpose of reviewing the basis upon which equalized values were established by the department of revenue under s. 70.57
, and the official or designee shall maintain the confidentiality of grantor and grantee social security numbers and telephone numbers from the returns.
The returns may be used in any proceeding involving the requisite amount of the fee and may be produced in any proceeding subject to a valid subpoena or court order, but the court, or adjudicating agency, and the parties shall maintain the confidentially of social security numbers and telephone numbers from the returns.
The department of workforce development may use the returns under s. 106.50
, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.
The department of revenue, county real property listers under s. 70.09
, and local assessors and their employees and agents may use the returns, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.
Governmental agencies that acquire real property for public purposes, or that administer taxes, may use the returns, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.
In a condemnation proceeding or in an appeal of an assessment of real property, the property owners and the owners' agents may inspect the returns after signing a written agreement to maintain the confidentiality of social security numbers and telephone numbers from the returns inspected.
A county may use the returns to develop a tract index, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.
The department of revenue may make available to the public all information obtained from the returns except social security numbers and telephone numbers from the returns.
Penalty for falsifying value.
Any person who intentionally falsifies value on a return required to be filed under this subchapter may for each such offense be fined not more than $1,000 or imprisoned in the county jail not more than one year, or both.
This section is violated when a 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, nor will it support the issuance of a false swearing complaint under s. 946.32, but it may constitute a gift tax avoidance in violation of s. 72.86 (6), 1989 stats. 62 Atty. Gen. 251.
Fee for recording.
In any county in which the register of deeds is compensated on a fee basis, the county shall pay the register of deeds an additional amount equal to 25 percent of the recording fees for all deeds or other instruments conveying real estate evidencing transfers subject to fee under this subchapter.
History: 1991 a. 316
The secretary of revenue may adopt, pursuant to ch. 227
, such rules as the secretary deems necessary in the administration of this subchapter and may proceed under s. 73.03 (9)
to enforce its provisions.
History: 1991 a. 316
GENERAL SALES AND USE TAX
Except where the context requires otherwise, the definitions given in this section govern the construction of terms in this subchapter.
“Additional digital goods" means all of the following, if they are transferred electronically:
For purposes of this subchapter, the sale, license, lease, or rental of or the storage, use, or other consumption of a digital code is treated the same as the sale, license, lease, or rental of or the storage, use, or other consumption of any additional digital goods for which the digital code relates.
“Advertising and promotional direct mail" means direct mail that has the primary purpose of attracting public attention to a product, person, business, or organization or to attempt to sell, popularize, or secure financial support for a product, person, business, or organization.
“Alcoholic beverage" means a beverage that is suitable for human consumption and that contains 0.5 percent or more of alcohol by volume.
“Ancillary services" means services that are associated with or incidental to providing telecommunications services, including detailed telecommunications billing, directory assistance, vertical service, and voice mail services.
“Biotechnology" means the application of biotechnologies, including recombinant deoxyribonucleic acid techniques, biochemistry, molecular and cellular biology, genetics, genetic engineering, biological cell fusion, and other bioprocesses, that use living organisms or parts of an organism to produce or modify products to improve plants or animals or improve animal health, develop microorganisms for specific uses, identify targets for small molecule pharmaceutical development, or transform biological systems into useful processes and products.
“Biotechnology business" means a business, as certified by the department in the manner prescribed by the department, that is primarily engaged in the application of biotechnologies that use a living organism or parts of an organism to produce or modify products to improve plants or animals, develop microorganisms for specific uses, identify targets for small molecule pharmaceutical development, or transform biological systems into useful processes and products.
“Bundled transaction" means the retail sale of 2 or more products, not including real property and services to real property, if the products are distinct and identifiable products and sold for one nonitemized price. “Bundled transaction" does not include any of the following:
The sale of any products for which the sales price varies or is negotiable based on the purchaser's selection of the products included in the transaction.
The retail sale of tangible personal property and a service, if the tangible personal property is essential to the use of the service, and provided exclusively in connection with the service, and if the true object of the transaction is the service.
The retail sale of a service and items, property, or goods under s. 77.52 (1) (b)
, or (d)
, if such items, property, or goods are essential to the use of the service, and provided exclusively in connection with the service, and if the true object of the transaction is the service.
The retail sale of services, if one of the services is essential to the use or receipt of another service, and provided exclusively in connection with the other service, and if the true object of the transaction is the other service.
A transaction that includes taxable and nontaxable products, if the seller's purchase price or the sales price of the taxable products is no greater than 10 percent of the seller's total purchase price or sales price of all the bundled products, as determined by the seller using either the seller's purchase price or sales price, but not a combination of both, or, in the case of a service contract, the full term of the service contract.
The retail sale of taxable tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
and tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
that is exempt from the taxes imposed under this subchapter, if the transaction includes food and food ingredients, drugs, durable medical equipment, mobility-enhancing equipment, prosthetic devices, or medical supplies and if the seller's purchase price or the sales price of the taxable tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
is no greater than 50 percent of the seller's total purchase price or sales price of all the tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
included in what would otherwise be a bundled transaction, as determined by the seller using either the seller's purchase price or the sales price, but not a combination of both.
“Business" includes any activity engaged in by any person or caused to be engaged in by any person with the object of gain, benefit or advantage, either direct or indirect, and includes also the furnishing and distributing of tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
, or taxable services for a consideration by social clubs and fraternal organizations to their members or others.
“Candy" means a preparation of sugar, honey, or other natural or artificial sweetener combined with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. “Candy" does not include a preparation that contains flour or that requires refrigeration.
“Catalog" means a printed and bound, stitched, sewed, or stapled book containing a list and description of property or services for sale, regardless of whether a price is specified.
“Certified service provider" means an agent that is certified jointly by the states that are signatories to the agreement, as defined in s. 77.65 (2) (a)
, and that performs all of a seller's sales tax and use tax functions related to the seller's retail sales, except that a certified service provider is not responsible for a retailer's obligation to remit tax on the retailer's own purchases.
“Cloth diaper" means a cloth diaper used for sanitary purposes.
“Computer" means an electronic device that accepts information in digital or similar form and that manipulates such information to achieve a result based on a sequence of instructions.
“Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.
“Computer software maintenance contract" means a contract that obligates a vendor of computer software to provide a customer with future updates or upgrades to computer software, computer software support services, or both.
“Conference bridging service" means an ancillary service that links 2 or more participants of an audio or video conference call and may include providing a telephone number, but does not include the telecommunications services used to reach the conference bridge.
“Contractors" and “subcontractors" are the consumers of tangible personal property or items or goods under s. 77.52 (1) (b)
used by them in real property construction activities and the sales and use tax applies to the sale of tangible personal property or items or goods under s. 77.52 (1) (b)
to them. A contractor engaged primarily in real property construction activities may use resale certificates only with respect to purchases of tangible personal property or items or goods under s. 77.52 (1) (b)
which the contractor has sound reason to believe the contractor will sell to customers for whom the contractor will not perform real property construction activities involving the use of such tangible personal property or items or goods under s. 77.52 (1) (b)
. In this subsection, “real property construction activities" means activities that occur at a site where tangible personal property or items or goods under s. 77.52 (1) (b)
that are applied or adapted to the use or purpose to which real property is devoted are affixed to that real property, if the intent of the person who affixes that property is to make a permanent accession to the real property. In this subsection, “real property construction activities" does not include affixing property subject to tax under s. 77.52 (1) (c)
to real property or affixing to real property tangible personal property that remains tangible personal property after it is affixed.
“Custom farming services" include services performed by a veterinarian to animals that are farm livestock or work stock and used exclusively in the business of farming.
“Delivered electronically" means delivered to a purchaser by means other than by tangible storage media.
“Delivery charges" means charges by a seller to prepare and deliver tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
, or services to a location designated by the purchaser of the tangible personal property, or items, property, or goods under s. 77.52 (1) (b)
, or (d)
, or services, including charges for transportation, shipping, postage, handling, crating, and packing.
“Department" means the department of revenue, its duly authorized employees and agents.
“Detailed telecommunications billing service" means an ancillary service that separately indicates information pertaining to individual calls on a customer's billing statement.
“Diaper service" means a business primarily engaged in the lease or rental, delivery and laundering of cloth diapers.
“Dietary supplement" means a product, other than tobacco, that is intended to supplement a person's diet, if all of the following apply:
The product contains any of the following ingredients or any combination of any of the following ingredients:
A dietary substance that is intended for human consumption to supplement the diet by increasing total dietary intake.