AB 1089 — Relating to: interest rates on late, nondelinquent taxes and on overpayments. (FE)

Except(cm), forinterest paymentsshall ofbe estimatedadded taxes,to incomethe aggregate or franchiseby taxesthe payableinternal uponrevenue service for the filing of thecorre- withholding tax returnfor the taxable year at the rate of 126per- sponding federal returns shall notextend becomethe delinquenttime duringfor suchfiling extensioncent period,per butyear shall,on exceptthe asamount providedof inthe par.underpayment for the under this subchapter to 30 days after the federal due date period of the underpayment.

(b),In bethis subjectparagraph, to“period interestif atthe corporation reports the rateextension in the manner of 12the 6underpayment” percentmeans perthe yeartime duringperiod suchbeginning period.specified by the department on the return.

SECTIONExcept 4.for with the due date of the installment and ending on either payments of estimated taxes, income or franchise taxes the unextended due date of the return under par.

(a) or the payable upon the filing of the tax return shall not become date of payment, whichever is earlier.

If 90 percent of the delinquent during such extension period, but shall, tax due under sub.

(2) for the taxable year is not paid by except as provided in par.

(b), be subject to interest at the the unextended due date of the return under par.

(a), the rate of 12 6 percent per year during such period.

difference between that amount and the estimated taxes SECTION 4.

-paid, 2024along Legislaturewith -any 4interest -due, LRB-5872/1shall KP:skwaccrue ASSEMBLYdelinquent BILLinterest 1089in SECTIONthe 4same manner as income and franchise taxes 71.44 (3) (a) In the case of a corporation required to fileunder as. return, the department of revenue shall allow an automatic extension of 7 months or until the original due date of the corporation's corresponding federal return, whichever is later.

Any71.82 extension(2) of(a). time granted by law or by the internal revenue service for the filing of corresponding federal returns shall extend the time for filing under this subchapter to 30 days after the federal due date if the corporation reports the extension in the manner specified by the department on the return.

Exceptfile fora paymentsreturn, of estimated taxes, income or franchise taxes payable upon the filingdepartment of therevenue tax return shall notallow becomean delinquentS duringECTION such8. extension period, but shall, except as provided in par.

71.82 (1) of the statutes is amended to automatic extension of 7 months or until the original due read:

date of the corporation’s corresponding federal return, whichever is later.

Any extension of time granted by law 71.82 (1) N ORMAL.

(a) In assessing taxes interest or by the internal revenue service for the filing of corre- shall be added to such taxes at 12 6 percent per year from the date on which such taxes if originally assessed would sponding federal returns shall extend the time for filing have become delinquent if unpaid, to the date on which under this subchapter to 30 days after the federal due date such taxes when subsequently assessed will become if the corporation reports the extension in the manner specified by the department on the return.

Except for delinquent if unpaid.

payments of estimated taxes, income or franchise taxes (b) Except as otherwise specifically provided, in crediting overpayments of income and surtaxes against payable upon the filing of the tax return shall not become underpayments or against taxes to be subsequently col- delinquent during such extension period, but shall, lected and in certifying refunds of such taxes interest except as provided in par.

shall be added at the rate of 3 6percent per year from the SECTION 5.

of the statutes is date on which such taxes when assessed would have amended to read:

become delinquent if unpaid to the date on which such overpayment was certified for refund except that if any 71.775 (4) (bm) 1.

(a), the overpayment of tax is certified for refund within 90 days department shall allow an automatic extension of 7 months or until the corresponding due date of the pass-throughpass− entity'safter the last date prescribed for filing the return of such through entity’s federal income tax return or return of tax or 90 days after the date of actual filing of the return partnership income, whichever is later.

Except for paymentspay- of estimatedsuch taxes,tax, andwhichever exceptoccurs aslater, providedno ininterest subd.shall be allowed on such overpayment.

2.,For withholdingpurposes taxesof payablethis uponsec- filingments the return are not delinquent during the extension period but shall be subject to interest at the rate of 12estimated 6taxes, percentand perexcept yearas duringprovided thatin period.subd.

SECTIONtion 6.the return of such tax shall not be deemed actually 2., withholding taxes payable upon filing the return are not delinquent during the extension period but shall be filed by an employee unless and until the employee has subject to interest at the rate of 12percent per year dur- included the written statement required to be filed under ing that period.

s.

71.65 (1).

However when any part of a tax paid on an SECTION 6.

of the statutes is estimate of income, whether paid in connection with a tentative return or not, is refunded or credited to a tax- amended to read:

For taxable years beginning after Decemberpayer, 31,such 2008,refund for persons who qualify for a federal extension of time to file under 26 USC 7508A due to a presidentially declared disaster or terroristiccredit orshall militarynot action,draw withholdinginterest. taxes that are otherwise due from a pass-through entity under sub.

(2)December are31, not2008, LRB-5872/1for -persons 2024who Legislaturequalify -for 5a -federal KP:skw(c) SECTIONAny 6assessment ASSEMBLYmade BILLas 1089a subjectresult of the adjustment extension of time to 12file percentunder interest26 asUSC otherwise7508A provideddue to a or disallowance of a claim for credit under subd.s.

1.71.07, 71.28 presidentially declared disaster or terroristic or military or 71.47 or subch.

during the extension period and for 30 days after the end of the federal extension period.

S ECTION 7.

71.775 (4) (em) of the statutes is amended to read:

71.775(4) (em) Except as provided in par.

(fm), in the case of any underpayment of estimated withholding taxes under par.

(cm), interest shall be added to the aggregate withholding tax for the taxable year at the rate of 12 6 percent per year on the amount of the underpayment for the period of the underpayment.

In this paragraph, “period of the underpayment" means the time period beginning with the due date of the installment and ending on either the unextended due date of the return under par.

(a) or the date of payment, whichever is earlier.

If 90 percent of the tax due under sub.

(2) for the taxable year is not paid by the unextended due date of the return under par.

(a), the difference between that amount and the estimated taxes paid, along with any interest due, shall accrue delinquent interest in the same manner as income and franchise taxes under s.

71.82 (2) (a).

S ECTION 8.

71.82 (1) of the statutes is amended to read:

71.82 (1) NORMAL.

(a) In assessing taxes interest shall be added to such taxes at 12 6 percent per year from the date on which such taxes if originally assessed would have become delinquent if unpaid, to the date on which such taxes when subsequently assessed will become delinquent if unpaid.

(b) Except as otherwise specifically provided, in crediting overpayments of income and surtaxes against underpayments or against taxes to be subsequently collected and in certifying refunds of such taxes interest shall be added at the rate of 36 percent per year from the date on which such taxes when assessed would have become delinquent if unpaid to the date on which such overpayment was certified for refund except that if any overpayment of tax is certified for refund within 90 days - 2024 Legislature - 6 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 SECTION 8 after the last date prescribed for filing the return of such tax or 90 days after the date of actual filing of the return of such tax, whichever occurs later, no interest shall be allowed on such overpayment.

For purposes of this section the return of such tax shall not be deemed actually filed by an employee unless and until the employee has included the written statement required to be filed under s.

71.65 (1).

However when any part of a tax paid on an estimate of income, whether paid in connection with a tentative return or not, is refunded or credited to a taxpayer, such refund or credit shall not draw interest.

(c) Any assessment made as a result of the adjustment or disallowance of a claim for credit under s.

71.07, 71.28 or 71.47 or subch.

(2) (c), shall bear interest at 12nt12rcent per year from the action, withholding taxes that are otherwise due datefrom ofa thepass−through claim.entity under sub.

SECTION(2) 9.are not subject to 12 due date of the claim.

71.82percent (2)interest (b)as ofotherwise theprovided statutesunder issubd. amended to read:

71.82(2)1. (b) Department may reduce delinquent interest.

TheS departmentECTION shall9. provide by rule for reduction of interest under par.

(671.82 percent(2) per(b) yearof inthe statedstatutes instancesis whereinamended during the secretaryextension ofperiod revenueand determinesfor that30 reductiondays isafter fairthe andend equitable.to read:

SECTIONof 10.the federal extension period.

71.82 (2) (d)(b) ofDepartment themay statutesreduce isdelinquent amendedSECTION to7. read:

71.8271.775 (2)(4) (d)(em) Withholdingof tax.the statutes is amended interest.

OfThe the amounts required to be withheld any amount not deposited or paid over to the department within the time required shall beprovide deemedby delinquentrule andfor depositreduc- reportsto orread: withholding reports filed after the due date shall be deemed late.

Delinquenttion depositsof or payments shall bear interest at the rate of 1.5 percent per month from the date deposits or payments are required under thispar. section until deposited or paid over to the department.

The(a) departmentto shall126 providepercent byper ruleyear forin reductionAssembly ofBill interest1089 on− delinquent3 deposits− to2023 12Wisconsin 6Act percentstated LRB-5872/1instances -wherein 2024the Legislaturesecretary -of 7revenue -deter- KP:skwthe SECTIONInternal 10Revenue ASSEMBLYCode BILLor 1089 per year in stated instances wherein the secretarydate of revenuepayment, determineswhich- mines that reduction is fair and equitable.

Inever theis caseearlier. of a timely filed deposit or withholding report, withheld taxes shall become delinquent if not deposited or paid over on or before the due date of the report.

InIf the90 casepercent of nothe reporttax filedshown oron a report filed late, withheld taxes shall become delinquent if not deposited or paid over by the duereturn dateSECTION of10. the report.

In71.82 the(2) case(d) of anthe assessmentstatutes underis s.amended is not paid by the date on which the corporation is to read:

71.83required (1)to (b)file 2.,for thefederal amountincome assessedtax shallpurposes, become delinquent if not paid71.82 on(2) or(d) beforeWithholding thetax. first day of the calendar month following the calendar month in which the assessment becomes final, but if the assessment is contested before the tax appeals commission or in the courts, it shall become delinquent on the 30th day following the date on which the order or judgment representing final determination becomes final.

SOf ECTIONthe 11.amounts including any extension, under the Internal Revenue required to be withheld any amount not deposited or paid Code, the difference between that amount and the esti- over to the department within the time required shall be mated taxes paid, along with any interest due, shall deemed delinquent and deposit reports or withholding accrue delinquent interest under s.

71.84 (1) of the statutes is amended to read:

71.84 (1) INDIVIDUALS AND FIDUCIARIESExcept as provided in s.

71.09 (11), in the case of any underpayment of estimated tax by an individual, estate or trust, except as provided under s.

71.09, there shall be added to the aggregate tax for the taxable year interest at the rate of 6 percent per year on the amount of the underpayment for the period of the underpayment.

In this subsection, “the period of the underpayment" means the time period from the due date of the installment until either the 15th day of the 4th month beginning after the end of the taxable year or the date of payment, whichever is earlier.

S ECTION 12.

71.84 (2) (a) of the statutes is amended to read:

71.84(2) (a) Except as provided in s.

71.29 (7), in the case of any underpayment of estimated tax by a corporation under s.

71.29 or 71.48, there shall be added to the aggregate tax for the taxable year interest at the rate of 12t per year on the amount of the underpayment for the period of the underpayment.

In this paragraph, - 2024 Legislature - 8 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 SECTION 12 “period of the underpayment" means the time period from the due date of the installment until either the date on which the corporation is required to file for federal income tax purposes, not including any extension, under the Internal Revenue Code or the date of payment, whichever is earlier.

If 90 percent of the tax shown on the return is not paid by the date on which the corporation is required to file for federal income tax purposes, not including any extension, under the Internal Revenue Code, the difference between that amount and the estimated taxes paid, along with any interest due, shall accrue delinquent interest under s.

SECTIONreports 13.filed after the due date shall be deemed late.

71.84S (2)ECTION (b)13. of the statutes is amended to read:

71.84 (2) (b) For corporations that are subject to a tax under this chapter on unrelated business taxable income, as defined under section 512 of the internalstatutes revenueis code,amended andDelinquent virtuallydeposits exemptor entities,payments “periodshall ofbear theinterest underpayment"at means the timeto periodread: from the due date of the installment until either the 15th day of the 5th month beginning after the end of the taxable year or the date of payment, whichever is earlier.

Ifrate 90 percent of the1.5 taxpercent shownper onmonth thefrom return is not paid by the 15thdate daydeposits ofor the71.84(2) 5th(b) monthFor followingcorporations thethat closeare ofsubject theto taxablea year,tax thepayments differenceare betweenrequired thatunder amountthis andsection theuntil estimateddeposited taxesunder paidthis alongchapter withon anyunrelated interestbusiness due,taxable shallincome, accrueor delinquentpaid interestover underto s.the department.

The department shall pro- as defined under section 512 of the internal revenue code, vide by rule for reduction of interest on delinquent and virtually exempt entities, “period of the underpay- deposits to 12 6 percent per year in stated instances ment” means the time period from the due date of the wherein the secretary of revenue determines reduction installment until either the 15th day of the 5th month fair and equitable.

In the case of a timely filed deposit or beginning after the end of the taxable year or the date of withholding report, withheld taxes shall become delin- payment, whichever is earlier.

If 90 percent of the tax quent if not deposited or paid over on or before the due shown on the return is not paid by the 15th day of the 5th date of the report.

In the case of no report filed or a report month following the close of the taxable year, the differ- filed late, withheld taxes shall become delinquent if not ence between that amount and the estimated taxes paid deposited or paid over by the due date of the report.

In along with any interest due, shall accrue delinquent inter- the case of an assessment under s.

71.83 (1) (b) 2., the est under s.

SECTIONamount assessed shall become delinquent if not paid on S ECTION 14.

71.84 (2) (c) of the statutes is amended or before the first day of the calendar month following the to read:

calendar month in which the assessment becomes final, 71.84 (2) (c) If a refund under s.

71.29 (3m) results but if the assessment is contested before the tax appeals in an income or franchise tax liability that is greater than thecommission amountor ofin estimatedthe taxescourts, paidit whenshall reducedbecome bydelinquent the amount of theestimated refund,taxes thepaid taxpayerwhen shallreduced addby to the aggregate tax for the taxable year interest at an annual rate of 12 6 percent on the amount30th ofday thefollowing unpaid tax liability for the perioddate beginning on thewhich date the refundorder isor issuedamount andof ending on either the daterefund, on which the taxpayer isshall requiredadd to filethe foraggre- federaljudgment incomerepresenting taxfinal LRB-5872/1determination -becomes 2024gate Legislaturetax -for 9 - KP:skw SECTION 14 ASSEMBLY BILL 1089 purposes, not including any extension, under the Internaltaxable Revenueyear Codeinterest orat thean dateannual therate taxof liabilityfinal. is paid, whichever is earlier.

S12 ECTION6 15.percent on the amount of the unpaid tax liability for SECTION 11.

71.9071.84 (1) of the statutes is amended to the period beginning on the date the refund is issued and read:

71.90ending (1)on DEPOSIT.Theeither department shall notify any person who files a petition for redetermination that the persondate mayon depositwhich the amounttaxpayer ofis an71.84 additional(1) assessment,I includingNDIVIDUALS anyAND interestFIDUCIARIES. or penalty, with the department, or with a person that the department prescribes, at any time before the department makes its redetermination.

TheExcept departmentas shallrequired notifyto spousesfile jointlyfor exceptfederal that,income iftax thepurposes, spousesnot haveprovided differentins.71.09(11), addressesin andthe ifcase eitherof spouseany notifiesunderpayment theincluding departmentany inextension, writingunder of those addresses, the departmentInternal shallRevenue serveof aestimated duplicatetax ofby thean originalindividual, noticeestate onor thetrust, spouseexcept whoCode hasor the addressdate otherthe thantax theliability addressis topaid, whichwhichever theis originalear- noticeas wasprovided sent.under s.

Amounts71.09, depositedthere under this subsection shall be subjectadded to the interestlier. provided by s.

71.82aggregate onlytax tofor the extenttaxable ofyear the interest accruedat prior to the firstrate day of the12 monthS succeedingECTION the15. date of deposit.

Any71.90 deposited(1) amountof which is refunded shall bear interest at the ratestatutes ofis 3amended 6to percent per year duringon the timeamount of the fundsunderpayment werefor onread: deposit.

A person may also pay any portion of an assessment which is admitted to be correct and the paymentperiod shall be considered an admission of the validityunderpayment. of that portion of the assessment and may not be recovered in an appeal or in any other action or proceeding.

SIn ECTIONthis 16.subsection, “the 71.90 (1) D EPOSIT.

The department shall notify any period of the underpayment” means the time period from person who files a petition for redetermination that the the due date of the installment until either the 15th day of person may deposit the amount of an additional assess- the 4th month beginning after the end of the taxable year ment, including any interest or penalty, with the depart- or the date of payment, whichever is earlier.

ment, or with a person that the department prescribes, at SECTION 12.

71.84 (2) (a) of the statutes is amended any time before the department makes its redetermina- to read:

tion.

The department shall notify spouses jointly except 71.84(2) (a) Except as provided in s.

71.29 (7), in the that, if the spouses have different addresses and if either case of any underpayment of estimated tax by a corpora- spouse notifies the department in writing of those tion under s.

71.29 or 71.48, there shall be added to the addresses, the department shall serve a duplicate of the aggregate tax for the taxable year interest at the rate of 12 original notice on the spouse who has the address other percent per year on the amount of the underpayment for than the address to which the original notice was sent.

the period of the underpayment.

In this paragraph, Amounts deposited under this subsection shall be subject “period of the underpayment” means the time period to the interest provided by s.

71.82 only to the extent of from the due date of the installment until either the date the interest accrued prior to the first day of the month suc- on which the corporation is required to file for federal ceeding the date of deposit.

Any deposited amount which income tax purposes, not including any extension, under is refunded shall bear interest at the rate of 3 6 percent Wisconsin Act − 4 − 2023 Assembly Bill 1089 per year during the time the funds were on deposit.

A per- audited, as other claims of towns, cities, villages, and son may also pay any portion of an assessment which is counties are audited, and shall be paid into the state trea- admitted to be correct and the payment shall be consid- sury, in default of which the same shall become a special ered an admission of the validity of that portion of the charge against such town, city, village, or county and be assessment and may not be recovered in an appeal or in included in the next apportionment or certification of any other action or proceeding.

state taxes and charges, and collected with interest at the SECTION 16.

of the statutes is rate of106percent per year from the date such statements amended to read:

71.91were (6)certified by the department, as other special charges 71.91(6) (e) 3.

For purposes of an adjudication under thisare paragraph,certified theand assessmentcollected. of the tax upon which the interest or lien of the department is based is conclusively presumed to be valid.

Interest shall be allowed for judgments under this paragraphparagraph, at the rateassessment of 12ercent per year from the datetax the department receives - 2024 Legislature - 10 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 SECTION 16 the money wrongfully levied upon towhich the dateinterest ofor paymentlien of the judgmentdepartment oris frombased theis dateconclusively ofS saleECTION to19. the date of payment.

76.075 of the statutes is amended to read:

presumed to be valid.

Interest shall be allowed for judg- 76.075 Adjustments of assessments.

Within 4 years ments under this paragraph at the rate of 12 6 percent per after the due date, or extended due date, of the report year from the date the department receives the money under s.

76.04, any person subject to taxation under this wrongfully levied upon to the date of payment of the subchapter may request the department to make, or the judgment or from the date of sale to the date of payment.

of the statutes is amended department may make, an adjustment to read:the data under s.

71.91 (6) (f) 5.

Before the sale, the department shall determine a minimum price for which the property shall be sold.

If no person offers for that property at the sale at least the amount of the minimum price, the state shall purchase the property for the minimum price;

otherwise, the property shall be sold to the highest bidder.

In determining the minimum price, the department shall take into account the expense of making the levy and sale in addition to the value of the property.

If payment in full is required at the time of acceptance of a bid and is not paid then, the department shall sell the property in the manner provided under this paragraph.

If the conditions of the sale permit part of the payment to be deferred and if that part is not paid within the prescribed period, the department may sue the purchaser in the circuit court for Dane County for the unpaid part of the purchase price and interest at the rate of 12cent per year from the date of the sale or the department may declare the sale void and may sell the property again under this paragraph.

If the property is sold again, the 2nd purchaser shall receive it free of any claim of the defaulting purchaser and the amount paid upon the bid price by the defaulting purchaser is forfeited.

SECTION 18.

73.03 (6) of the statutes is amended to read:

73.03 (6) In its discretion to inspect and examine or cause an inspection and examination of the records of any town, city, village, or county officer whenever such officer shall have failed or neglected to return properly the information as required by sub.

(5), within the time set by the department of revenue.

Upon the completion of such inspection and examination the department of revenue shall transmit to the LRB-5872/1 - 2024 Legislature - 11 - KP:skw SECTION 18 ASSEMBLY BILL 1089 clerk of the town, city, village, or county a statement of the expenses incurred by the department of revenue to secure the necessary information.

Duplicates of such statements shall be filed in the office of the secretary of administration.

Within 60 days after the receipt of the above statement, the same shall be audited, as other claims of towns, cities, villages, and counties are audited, and shall be paid into the state treasury, in default of which the same shall become a special charge against such town, city, village, or county and be included in the next apportionment or certification of state taxes and charges, and collected with interest at the rate of 10 6 percent per year from the date such statements were certified by the department, as other special charges are certified and collected.

S ECTION 19.

76.075 of the statutes is amended to read:

76.075 Adjustments of assessments.

Within 4 years after the due date, or extended due date, of the report under s.

76.04, any person subject to taxation under this subchapter may request the department to make, or the department may make, an adjustment to the data under s.

If an adjustmentadjust- underto thisread: section results in an increase in the tax due under this subchapter, the person shall pay the amount of the tax increase plus interest on that amount at the rate of 1 0.5 percent per month from the due date or extended due date of the report under s.

76.04ment untilunder thethis datesection ofresults finalin determinationan andincrease interestin at the ratetax of71.91(6) 1.5(f) percent5. per month from the date of final determination until the date of payment.

IfBefore anthe adjustmentsale, under this section results in a decrease in the taxdepartment shall due under this subchapter, the departmentperson shall refundpay the appropriatedetermine amountaminimumpricefor pluswhichthepropertyshall interestamount atof the ratetax ofincrease 0.25percentplus perinterest monthon fromthat theamount dueat datebe orsold. extended due date under s.

If no person offers for that property at the sale the rate of 1 0.5 percent per month from the due date or at least the amount of the minimum price, the state shall purchase the property for the minimum price;

other- extended due date of the report under s.

76.04 until the date of final determination and interest at the rate of 1.5 wise, the property shall be sold to the highest bidder.

In percent per month from the date of final determination determining the minimum price, the department shall until the date of payment.

If an adjustment under this sec- take into account the expense of making the levy and tion results in a decrease in the tax due under this sub- sale in addition to the value of the property.

If payment in full is required at the time of acceptance of a bid and chapter, the department shall refund the appropriate is not paid then, the department shall sell the propertyin amount plus interest at the rate of 0.25 0.5 percent per the manner provided under this paragraph.

If the condi- month from the due date or extended due date under s.

Sections 71.74 (1) and (2) tionsofthesalepermitpartofthepaymenttobedeferred and 71.75 (6) -and 2024(7), Legislatureas -they 12apply -to LRB-5872/1income KP:skwand ASSEMBLYfran- BILLand 1089if SECTIONthat 19part andis (7),not aspaid theywithin applythe toprescribed incomeperiod, andchise franchise tax adjustments, apply to adjustments under this thedepartmentmaysuethepurchaserinthecircuitcourt for Dane County for the unpaid part of the purchase section.

SECTIONpriceandinterestattherateof126percentperyearfrom S ECTION 20.

76.13 (2) of the statutes is amended to the date of the sale or the department may declare the read:

76.13 (2) Every tax roll upon completion shall be salevoidandmaysellthepropertyagainunderthispara- delivered to the secretary of administration.

The departmentdepart- shallgraph. notify, by certified mail, all companies listed on the tax roll of the amount of tax due, which shall be paid to the department.

TheIf paymentthe datesproperty providedis forsold inagain, sub.the 2nd purchaser shall receive it free of any claim of the defaulting pur- ment shall notify, by certified mail, all companies listed chaser and the amount paid upon the bid price by the on the tax roll of the amount of tax due, which shall be defaulting purchaser is forfeited.

paid to the department.

The payment dates provided for SECTION 18.

73.03 (6) of the statutes is amended to in sub.

The payment of one-fourthone−fourth of the tax of any company may, if the company has brought an actionread: in the Dane County circuit court under s.

76.08,action bein madethe withoutDane delinquentCounty interestcircuit ascourt providedunder in s.

76.1476.08, anybe time73.03 prior(6) toIn theits datediscretion upon which the appeal becomes final, but any part of the tax ultimately required to beinspect paidand shallexamine bearor interestcause froman theinspection originaland dueexamination dateof to the daterecords the appeal became final at the rate of 12any 6made percentwithout perdelinquent yearinterest andas atprovided 1.5in percents. per month thereafter until paid.

The76.14 taxestown, extendedcity, againstvillage, or county officer whenever such offi- any companytime afterprior to the samedate becomeupon due,which withthe interest,appeal shallbecomes becer ashall lienhave uponfailed allor theneglected propertyto ofreturn properly the companyfinal, priorbut toany allpart otherof liens,the claims,tax andultimately demandsrequired whatsoever,to exceptbe paid information as providedrequired inby ss.sub.

292.31(5), (8)within (i)the andtime 292.81,setby whichshall lienbear mayinterest befrom enforcedthe inoriginal andue actiondate into the namedate of the statedepartment in any court of competentrevenue. jurisdiction against the property of the company within the state as an entirety.

SECTIONUpon 21.the completion of such the appeal became final at the rateof126percent per year inspection and examination the department of revenue and at 1.5 percent per month thereafter until paid.

76.13The (2a)shall transmit to the clerk of the statutestown, iscity, amendedvillage, or taxes extended against any company after the same county a statement of the expenses incurred by the become due, with interest, shall be a lien upon all the department of revenue to read:secure the necessary informa- property of the company prior to all other liens, claims, tion.

76.13Duplicates (2a)of Taxessuch leviedstatements under this section shall be paidfiled toin the department in semiannual installments, on May 10 and Novemberdemands 10,whatsoever, onexcept aas partiallyprovided estimatedin basis.ss.

Theoffice May 10 payment shall be at least 50 percent of the totalsecretary tax assessed for the previous calendar year or 40 percent of theadministration. tax assessed for the current calendar year.

AnyWithin amounts60 notdays paid292.31 when(8) due(i) shalland become292.81, delinquentwhich andlien may be enforced in after the receipt of the above statement, the same shall be subjectan toaction interestin underthe s.name of the state in any court of compe- Assembly Bill 1089 − 5 − 2023 Wisconsin Act tent jurisdiction against the property of the company judgment upon publication of the notice of sale as a class within the state as an entirety.

3 notice, under ch.

985.

The judgment shall bear interest SECTION 21.

76.13 (2a) of the statutes is amended to at the rate of 10 6 percent per year from the date of entry read:

until finally paid.

76.13 (2a) Taxes levied under this section shall be S ECTION 24.

76.28 (4) (a) of the statutes is amended paid to the department in semiannual installments, on to read:

May 10 and November 10, on a partially estimated basis.

76.28(4) (a) If after filing the reports specified in sub.

The May 10 payment shall be at least 50 percent of the (7) and after the department’s computation and assess- total tax assessed for the previous calendar year or 40 per- ment of license fees under sub.

(2) it is determined that cent of the tax assessed for the current calendar year.

Any amounts not paid when due shall become delinquent and the amount of gross revenues reported is in error, the department shall compute the additional license fee to be shall be subject to interest under s.

The payment ofpaid 25or percentthe amount of the taxoverpayment of anylicense companyfee may,to LRB-5872/1of -25 2024percent Legislatureof -the 13tax -of KP:skwany Scompany ECTIONmay, 21 ASSEMBLY BILL 1089 if the companycom- hasbe broughtrefunded, anas action in the Danecase Countymay circuitbe. court under s.

76.08,If bean madeadditional withoutlicense delinquentpany interesthas asbrought providedan action in the Dane County circuit fee is due, the department shall give notice to the light, court under s.

76.1476.08, any time prior to the date upon which the appeal becomes final, but any part thereof ultimately required to be paidmade shallwithout beardelinquent interest fromheat theand originalpower duecompany dateagainst towhom the datelicense thefee appealis becomesas finalprovided atin thes. rate of 12 6 percent per year and at 1.5 percent per month thereafter until paid.

Companies76.14 withany atime taxprior liability under this section of less than $2,000 are not required to makethe semiannualdate paymentsupon butwhich shall pay the fullappeal amountbecomes offinal, taxesbut dueany onpart orthereof beforeulti- Novemberto 10.be levied.

SECTIONAll 22.such additional assessments and claims for refunds for excess license fees paid are subject to the mately required to be paid shall bear interest from the same procedure for review and final determination as original due date to the date the appeal becomes final at additional income or franchise tax assessments and the rate of 12 6 percent per year and at 1.5 percent per claims for refunds under ch.

76.1371 (3)as offar as the statutessame ismay amendedbe tomonth read:thereafter until paid.

76.13Companies (3)with Ifa thetax Daneliabil- Countyapplicable, circuitexcept court,that afterappeals suchof rolldenials isof deliveredclaims tofor theity secretaryunder this section of administration,less increasesthan or$2,000 decreasesare thenot assessmentrequired ofto anymake company,semiannual thepayments departmentbut shall immediatelypay redetermine the taxfull ofrefunds theshall companybe onmade thedirectly basisto of the revisedtax assessment,appeals andcommis- shallsion certify and deliverexcept that the revisedadditional assessmentlicense tofees theshall secretaryamount of administrationtaxes asdue aon revisionor ofbefore theNovember tax10. roll.

Ifbecome thedelinquent amount60 ofdays taxafter uponnotice theprovided assessmentin asthis determinedSECTION by22. the court is less than the amount paid by the company, the secretary of administration shall refund the excess to the company with interest at the rate of 3 6 percent per year.

If76.13 the(3) amount of the taxstatutes upon the assessment as determined by the court is inamended excess of the amount of the tax as determined by the department, interest shall be paid on the additional amount at the rate of 12 6 percent per year from the date of entry of judgment to thesubsection dateor, theif judgmentreview becomesproceedings final,are andheld, at60 1.5days percentfol- perread: month thereafter until paid.

lowing final determination of the review proceedings.

76.13(3) If the Dane County circuit court, after such roll is delivered to the secretary of administration, All additional license fees shall bear interest at the rate of increases or decreases the assessment of any company, 126percent per year from the time they should have been the department shall immediately redetermine the tax of paid to the date on which the additional fees shall become delinquent if unpaid.

the company on the basis of the revised assessment, and S ECTION 25.

76.28 (4) (b) of the statutes is amended shall certify and deliver the revised assessment to the sec- to read:

retary of administration as a revision of the tax roll.

If the amount of tax upon the assessment as determined by the 76.28 (4) (b) In the case of overpayments of license court is less than the amount paid by the company, the fees by any light, heat and power company under par.

(a), secretary of administration shall refund the excess to the the department shall certify the overpayments to the department of administration, which shall audit the company with interest at the rate of 3 6 percent per year.

amount of the overpayments and the secretary of admin- If the amount of the tax upon the assessment as deter- mined by the court is in excess of the amount of the tax istration shall pay the amounts determined by means of as determined by the department, interest shall be paid on the audit.

All refunds of license fees under this subsec- the additional amount at the rate of 12 6 percent per year tion shall bear interest at the annual rate of 3 6 percent from the date of entry of judgment to the date the judg- from the date of the original payment to the date when the refund is made.

The time for making additional levies of ment becomes final, and at 1.5 percent per month there- license fees or claims for refunds of excess license fees after until paid.

76.22 (2) of the statutes is amended to paid, in respect to any year, shall be limited to 4 years read:

76.22after (2) The action to recover taxes and interest and to enforce the sametime as a lien shall be an action in equity and shall be commenced and carried on and judgment entered according to the lawsreport offor thesuch stateyear andwas thefiled. rules and practice of - 2024 Legislature - 14 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 SECTION 23 courts of equity so far as applicable.

No76.22(2) referenceThe shallaction be made to takerecover testimonytaxes orand tointerest hear, try and determineS theECTION issues26. of fact in the action.

The76.28 judgment(11) shallof fix the amountstatutes ofis taxesamended andto interest,to adjudgeenforce the same as a lien onshall thebe propertyan ofaction the company and provide for the sale of such property in 90equity daysread: after the entry of judgment upon publication of the notice of sale as a class 3 notice, under ch.

985.and shall be commenced and carried on and judgment 76.28 (11) P AYMENT BEFORE CONTESTING.

TheNo judgmentaction shallentered bearaccording interestto at the ratelaws of 106the percentstate perand yearthe fromrules theand dateor proceeding, except a petition for redetermination practice of entrycourts untilof finallyequity paid.so far as applicable.

SECTIONNo 24.refer- under sub.

76.28(4), (4)may (a)be brought by a light, heat or power ence shall be made to take testimony or to hear, try and company against this state to contest any assessment of determine the statutesissues isof amendedfact toin read:the action.

76.28The (4)judgment (a)a Iftax afterunder filingthis section unless the reportstaxpayer specifiedfirst inpays sub.to shall fix the amount of taxes and interest, adjudge the this state the amount of tax assessed.

(7)If the taxpayer pre- same a lien on the property of the company and provide vails in an action or proceeding, this state shall settle with for the sale of such property in 90 days after the department'sentry computationof andthe assessmenttaxpayer, including payment of licenseinterest feesat under3 sub.6percent Wisconsin Act − 6 − 2023 Assembly Bill 1089 per year on the amount of the money paid from the date date on which the refund is certified on the refund rolls.

(2) it is determined that the amount of grosspayment revenuesuntil reported is in error, the departmentdate shall compute the additional license fee to be paid or the amount of thejudgment. overpayment of license fee to be refunded, as the case may be.

IfAn anextension additionalof licensetime feewithin iswhich due, the department shall give notice to thefile light,a heatreturn andshall powerSECTION company27. against whom the license fee is to be levied.

All76.39 such(4) additional(d) assessmentsof andthe claimsstatutes foris refundsamended fornot excessextend licensethe feesdue paiddate areof subject to the samereturn procedure for reviewpurposes andof finalinter- determinationto asread: additional income or franchise tax assessments and claims for refunds under ch.

71est ascomputation. far as the same may be applicable, except that appeals of denials of claims for refunds shall be made directly to the tax appeals commission and except that the additional license fees shall become delinquent 60 days after notice provided in this subsection or, if review proceedings are held, 60 days following final determination of the review proceedings.

All76.39 additional(4) license(d) feesAll refunds shall bearbe interestcertified atby the rate3. of 12cent per year from the time they should have been paid to the date on which the additional fees shall become delinquent if unpaid.

SECTIONTaxes 25.refunded to the buyer shall bear interest at department to the department of administration which 3 6 percent per year from the last day of the month fol- shall audit the amount of the refunds and the secretary of lowing the month during which the buyer paid the tax to administration shall pay the amount, together with inter- the date on which the refund is certified on the refund est at the rate of 3 6 percent per year from the date pay- rolls.

76.28ment (4)was (b)made. of the statutes is amended to read:

LRB-5872/1All -additional 2024taxes Legislatureshall -bear 15interest -SECTION KP:skw31. S ECTION 25 ASSEMBLY BILL 1089 76.28 (4) (b) In the case of overpayments of license fees by any light, heat and power company under par.

(a),77.60 the(1) department(b) shallof certify the overpaymentsstatutes tois therenum- departmentat of administration, which shall audit the amountrate of the12 overpayments6 andpercent theper secretaryyear offrom administration shall pay the amountstime determinedthey bybered means77.60 of(1) the(b) audit.1.

All refunds of license fees under this subsection shall bear interest at the annual rate of 3 6 percent from the date of the original payment to the date when the refund is made.

The time for making additional levies of license fees or claims for refunds of excess license fees paid, in respect to any year, shall be limited to 4 years after the time the report for such year was filed.

SECTION 26.

76.28 (11) of the statutes is amended to read:

76.28 (11) PAYMENT BEFORE CONTESTING.

No action or proceeding, except a petition for redetermination under sub.

(4), may be brought by a light, heat or power company against this state to contest any assessment of a tax under this section unless the taxpayer first pays to this state the amount of tax assessed.

If the taxpayer prevails in an action or proceeding, this state shall settle with the taxpayer, including payment of interest at 3percent per year on the amount of the money paid from the date of payment until the date of judgment.

SECTION 27.

76.39 (4) (d) of the statutes is amended to read:

76.39 (4) (d) All refunds shall be certified by the department to the department of administration which shall audit the amount of the refunds and the secretary of administration shall pay the amount, together with interest at the rate of 3 per year from the date payment was made.

All additional taxes shall bear interest at the rate of 12 6 percent per year from the time they should have been paid to the date upon which the additional taxes shall become delinquent if unpaid.

SECTION 28.

76.48 (5) of the statutes is amended to read:

- 2024 Legislature - 16 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 SECTION 28 76.48 (5) Additional assessments may be made, if notice of such assessment is given, within 4 years of the date the annual return was filed, but if no return was filed, or if the return filed was incorrect and was filed with intent to defeat or evade the tax, an additional assessment may be made at any time upon the discovery of gross revenues by the department.

Refunds may be made if a claim for the refund is filed in writing with the department within 4 years of the date the annual return was filed.

Refunds shall bear interest at the rate of 3 6 percent per year and shall be certified by the department to the secretary of administration who shall audit the amounts of such overpayments and pay the amount audited.

Additional assessments shall bear interest at the rate of 12t per year from the time they should have been paid to the date upon which they shall become delinquent if unpaid.

SECTION 29.

77.59 (6) (c) of the statutes is amended to read:

77.59 (6) (c) The department shall notify any person who files a petition for redetermination that the person may deposit the entire deficiency determination, including any penalty or interest, with the department when the petition is filed or at any time before the department makes its redetermination.

Any deposited amount which is refunded shall bear interest at the rate of 3 6 percent per year during the time the funds were on deposit.

A person may also pay any portion of a deficiency determination admitted to be correct and the payment shall be considered an admission of the validity of that portion of the deficiency determination and may not be recovered in an appeal or in any other action or proceeding.

SECTION 30.

77.60 (1) (a) of the statutes is renumbered 77.60 (1) (a) (intro.) and amended to read:

77.60(1) (a) (intro.) Except as provided in par.

(b), unpaidwing interest rates apply:

LRB-5872/1 - 2024 Legislature - 17 - KP:skw S ECTION 30 ASSEMBLY BILL 1089 1.

Unpaid taxes shall bear interest at the rate of 12 6 percent per year from the unextended due date of the return until paid or deposited with the department.

2.

Taxes refunded to the seller shall bear interest at 3 6 percent per year from the due date of the return to the date on which the refund is certified on the refund rolls.

An extension of time within which to file a return shall not extend the due date of the return for purposes of interest computation.

3.

Taxes refunded to the buyer shall bear interest at 3 6 percent per year from the last day of the month following the month during which the buyer paid the tax to the date on which the refund is certified on the refund rolls.

SECTION 31.

77.60 (1) (b) of the statutes is renumbered 77.60 (1) (b) 1.

77.60should (1)have been paid to the date upon which the addi- 77.60(1) (b) 1.

Any unpaid taxes for a calendar year ortional ataxes fiscal year resulting from a field audit shall bearbecome interestdelinquent at the rate of 12 6 percent per year from the unextended due date of the taxpayer's Wisconsin income or franchise tax return for that calendar or fiscal year or, if exemptunpaid. the filing of an income or franchise tax return under ch.

71 is not required, from the 15th day of the 4th month of the year after the close of the calendar or a fiscal year forresulting whichfrom thea taxesfield areaudit dueshall tobear theinter- dateSECTION on28. which the taxes are paid or, if unpaid, become delinquent, whichever is earlier.

SECTION76.48 32.(5) of the statutes is amended to est at the rate of 12 6 percent per year from the unex- read:

tended due date of the taxpayer’s Wisconsin income or 76.48 (5) Additional assessments may be made, if franchise tax return for that calendar or fiscal year or, if notice of such assessment is given, within 4 years of the exempt the filing of an income or franchise tax return date the annual return was filed, but if no return was filed, under ch.

71 is not required, from the 15th day of the 4th or if the return filed was incorrect and was filed with month of the year after the close of the calendar or fiscal intent to defeat or evade the tax, an additional assessment year for which the taxes are due to the date on which the may be made at any time upon the discovery of gross rev- taxes are paid or, if unpaid, become delinquent, which- enues by the department.

Refunds may be made if a claim ever is earlier.

for the refund is filed in writing with the department SECTION 32.

of the statutes is created towithin read:4 years of the date the annual return was filed.

77.60to (1)read: (b) 2.

TaxesRefunds refunded as a result of a field audit shall bear interest at the rate of 3 6 percent per year77.60 from(1) the(b) unextended2. due date of the taxpayer's income or franchise tax return for that calendar or fiscal year or, if the filing of an income or franchise tax return under ch.

71Taxes isrefunded notas required,a fromresult theof 15tha dayfield ofyear theand 4thshall monthbe ofcertified by the yeardepartment afterto the closesecre- ofaudit shall bear interest at the calendarrate orof fiscal6 percent per year totary of administration who shall audit the dateamounts onof whichfrom the refundunextended isdue certifieddate onof the refundtaxpayer’s rolls.income such overpayments and pay the amount audited.

-Addi- 2024or Legislaturefranchise -tax 18return -for LRB-5872/1that KP:skwcalendar ASSEMBLYor BILLfiscal 1089year SECTIONor, 33tional SECTIONassessments 33.shall bear interest at the rate of 12 6 if the filing of an income or franchise tax return under ch.

77.96percent (5)per ofyear from the statutestime they should have been paid 71 is amendednot required, from the 15th day of the 4th month of to read:the date upon which they shall become delinquent if the year after the close of the calendar or fiscal year to the unpaid.

77.96date (5)on Eachwhich personthe subjectrefund tois acertified surchargeon underthe s.refund rolls.

77.93SECTION shall,29. on or before the due date, including extensions, for filing under ch.

71,77.59 file(6) an(c) accurateof statementthe ofstatutes itsis grossamended taxSECTION liability.33.

Payments77.96 made(5) afterof the duestatutes dateis underamended sub.to to read:

(2)read: and on or before the due date under this subsection are not delinquent but are subject to interest at the rate of 12 6 percent per year.

SECTION77.59(6) 34.(c) The department shall notify any person 77.96(5) Each person subject to a surcharge under s.

78.68who (1)files ofa petition for redetermination that the statutesperson is77.93 amendedshall, toon read:or before the due date, including exten- may deposit the entire deficiency determination, includ- sions, for filing under ch.

78.6871, (1)file Unpaidan taxesaccurate shallstatement bearing interestany atpenalty the rate of 12nt per year from the due date of the tax until paid or depositedinterest, with the department,department andwhen all refunded taxes bear interest at the rate of 3its 6gross percenttax perliability. year from the due date of the return to the date on which the refund is certified on the refund rolls.

SECTIONPayments 35.made after the due date petition is filed or at any time before the department under sub.

139.25(2) (1)and ofon or before the statutesdue isdate amendedunder tothis read:makes its redetermination.

139.25Any (1)deposited NTERESTamount ANDwhich PENALTIES.Unpaidsubsection taxesare bearnot interestdelinquent atbut theare ratesubject ofto 126interest percentat peris year from the due date of the return until paid or deposited with the department, and all refunded taxesshall bear interest at the rate of 3 6 percent per year from the duerate date of the12 return6 topercent theper dateyear. on which the refund is certified on the refund rolls.

SECTIONper 36.year during the time the funds were on deposit.

139.44A (9)per- ofSECTION the34. statutes is amended to read:

139.4478.68 (9)(1) Unpaid taxes bear interest at the rate of 12 6 percent per year from the duestatutes dateis ofamended theto returnson untilmay paidalso orpay depositedany withportion the department, and all refunded taxes bear interest at the rate of 3rcenta perdeficiency yeardetermina- fromread: the due date of the return to the date on which the refund is certified on the refund rolls.

SECTIONtion 37.admitted to be correct and the payment shall be con- 78.68 (1) Unpaid taxes shall bear interest at the rate sidered an admission of the validity of that portion of the of 12 6 percent per year from the due date of the tax until deficiency determination and may not be recovered in an paid or deposited with the department, and all refunded appeal or in any other action or proceeding.

168.12taxes (6)bear (c)interest ofat the statutesrate isof amended3percent toper read:year from SECTION 30.

168.1277.60 (6)(1) (c)(a) The department of revenuethe shallstatutes investigateis renum- the correctnessdue anddate veracity of the representationsreturn into the claimdate andon maywhich requirethe arefund claimantbered to77.60 submit(1) LRB-5872/1(a) -(intro.) 2024and Legislatureamended - 19 - KP:skw S ECTION 37 ASSEMBLY BILL 1089 records to substantiateread: the claim.

Theis departmentcertified ofon revenue shall either allow or deny a claim under this subsection not later than 60 days after the filingrefund ofrolls. the claim.

If77.60 the(1) department(a) of(intro.) revenueExcept allowsas theprovided claim,in itpar. shall pay the claimant the amount allowed from the moneys appropriated under s.

(b), SECTION 35.

139.25 (1) of the statutes is amended to unpaid the following interest rates apply:

read:

1.

Unpaid taxes shall bear interest at the rate of 12 6 139.25 (1) I NTEREST AND PENALTIES.

Unpaid taxes percent per year from the unextended due date of the bear interest at the rate of 126 percent per year from the return until paid or deposited with the department.

due date of the return until paid or deposited with the 2.

Taxes refunded to the seller shall bear interest at department, and all refunded taxes bear interest at the rate 6percent per year from the due date of the return to the of 3 6 percent per year from the due date of the return Assembly Bill 1089 − 7 − 2023 Wisconsin Act to the date on which the refund is certified on the refund under par.

(c) to which the purchaser is not entitled and rolls.

impose a penalty on the purchaser equal to 25 percent of SECTION 36.

139.44 (9) of the statutes is amended to the allowance, plus interest on the sum of the unpaid read:

penalty and the amount required to be refunded, accruing 139.44(9) Unpaid taxes bear interest at the rate of 12 from the date that the penalty is imposed, at the rate of 12 percent per year from the due date of the return until 6 percent per year.

paid or deposited with the department, and all refunded S ECTION 39.

168.12 (6) (e) 1.

of the statutes is taxes bear interest at the rate of 3percent per year from amended to read:

the due date of the return to the date on which the refund 168.12(6) (e) 1.

If the claim has not been paid and the is certified on the refund rolls.

department of revenue allows no portion of the claim, SECTION 37.

168.12 (6) (c) of the statutes is amended impose a penalty on the purchaser equal to 50 percent of to read:

the amount claimed by the purchaser, plus interest on the 168.12(6) (c) The department of revenue shall inves- tigate the correctness and veracity of the representations unpaid penalty, accruing from the date that the penalty is in the claim and may require a claimant to submit records imposed, at the rate of 12 6 percent per year.

S ECTION 40.

168.12 (6) (e) 3.

of the statutes is to substantiate the claim.

The department of revenue amended to read:

shall either allow or deny a claim under this subsection 168.12 (6) (e) 3.

If the claim has been paid, require not later than 60 days after the filing of the claim.

If the department of revenue allows the claim, it shall pay the the purchaser to refund to the department of revenue that claimant the amount allowed from the moneys appropri- portion of the amount paid under par.

(c) that the depart- ated under s.

If the department of revenue ment of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50 percent does not pay the allowance by the 90th day after the date of the amount claimed by the purchaser, plus interest on on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginningbegin- the sum of the unpaid penalty and the amount required to ning on that day, at the rate of 3 6 percent per year, from be refunded, accruing from the date that the penalty is the moneys appropriated under s.

imposed, at the rate of 12 6 percent per year.

of the statutes is amendedS toECTION read:41.

168.12Initial (6)applicability. (d) 2.

If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par.

(c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25 percent of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12cent per year.

SECTION 39.

168.12 (6) (e) 1.

of the statutes is amended to read:

168.12 (6) (e) 1.

If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12 6 percent per year.

SECTION 40.

168.12 (6) (e) 3.

of the statutes is amended to read:

168.12 (6) (e) 3.

If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par.

(c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50 percent of the amount claimed by the purchaser, plus - 2024 Legislature - 20 - LRB-5872/1 KP:skw ASSEMBLY BILL 1089 S ECTION 40 interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12percent per year.

SECTION 41.Initial applicability.

Thisamended act first applies to assessmentsread: issued and refunds paid on December 31, 2024, regardless of the taxable periods to which the assessments or refunds pertain.

(END)168.12 (6) (d) 2.

If the department of revenue has This act first applies to assessments issued and refunds paid the claim, require the purchaser to refund to the paid onDecember31,2024,regardlessof thetaxableperi- department of revenue that portion of the amount paid ods to which the assessments or refunds pertain.