SB40-SSA1,1034,1514 3. The date that is 12 months after the date on which the taxpayer's material
15advisor provides, at the department's request, the list described in sub. (7) (b).

SB40-SSA1,1034,2016 4. The date that is 4 years after the date on which the department discovers
17a listed transaction that was a listed transaction on the date the transaction occurred
18for which the taxpayer did not provide the information described under sub. (2) or
19for which the taxpayer's material advisor did not provide the information described
20under sub (7) (b).

SB40-SSA1,1034,2221 (b) Any limitation determined under par. (a) may be extended by a written
22agreement between the taxpayer and the department as provided under s. 71.77 (5).

SB40-SSA1,1035,223 (c) This subsection applies to any reportable transaction, including a listed
24transaction entered into on or after January 1, 2001, or entered into prior to January

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11, 2001, that reduced the taxpayer's tax liability for taxable years beginning on or
2after January 1, 2001.

SB40-SSA1,1035,10 3(7) Material advisor. (a) Each material advisor who is required to disclose a
4reportable transaction under section 6111 of the Internal Revenue Code shall file a
5copy of the disclosure with the department no later than 60 days after the date for
6which the material advisor is required to file the disclosure with the internal revenue
7service, except that, if a material advisor files the disclosure with the internal
8revenue service on or before the effective date of this paragraph .... [revisor inserts
9date], the material advisor shall file a copy of the disclosure with the department no
10later than February 29, 2008.

SB40-SSA1,1035,2011 (b) Each material advisor shall maintain a list that identifies each Wisconsin
12taxpayer for whom the person provided services as a material advisor with respect
13to a reportable transaction, regardless of whether the taxpayer is required to file the
14form under sub. (2). Any material advisor who is required to maintain a list under
15this paragraph shall provide the list to the department after receiving the
16department's written request to provide the list and shall retain the information
17contained in the list for 7 years or for the period determined by the department by
18rule. If 2 or more material advisors are required under this paragraph to maintain
19identical lists, the department may provide that only one of the material advisors
20maintain the list.

SB40-SSA1,1036,221 (c) This subsection applies to reportable transactions, not including listed
22transactions, for which a material advisor provides services after the effective date
23of this paragraph .... [revisor inserts date], and listed transactions for which a
24material advisor provides services, and were entered into, on or after January 1,
252001, or were entered into prior to January 1, 2001, and that reduced the taxpayer's

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1tax liability for taxable years beginning on or after January 1, 2001, regardless of
2when the transactions became listed transactions.

SB40-SSA1,1036,6 3(8) Material advisor penalties. (a) If a person who is required to file a
4disclosure with the department as provided under sub. (7) (a) fails to file the
5disclosure or files a disclosure containing false or incomplete information, the person
6is subject to a penalty equal to the following amounts:

SB40-SSA1,1036,87 1. If the disclosure relates to a reportable transaction that is not a listed
8transaction, $15,000.

SB40-SSA1,1036,99 2. If the disclosure relates to a listed transaction, $100,000.

SB40-SSA1,1036,1610 (b) Any person who is required to maintain a list under sub. (7) (b) and who fails
11to provide the list to the department no later than 20 business days after the date on
12which the person receives the department's request to provide the list, as provided
13under sub. (7) (b), shall pay a penalty to the department in an amount that is equal
14to $10,000 for each day that the person does not provide the list, beginning with the
15day that is 21 business days after the date on which the person receives the
16department's request.

SB40-SSA1,1036,2517 (c) The secretary of revenue may waive or abate any penalty imposed under this
18subsection, or any portion of such penalty, related to a reportable transaction that
19is not a listed transaction, if the waiver or abatement promotes compliance with this
20section and effective tax administration or, with regard to the penalty imposed under
21par. (b), if, on each day after the time for providing the list without incurring a
22penalty has expired, the person demonstrates to the department that the person's
23failure to provide the list on that day is because of reasonable cause.
24Notwithstanding any other law or rule, a determination by the secretary of revenue
25under this paragraph may not be reviewed in any judicial proceeding.

SB40-SSA1,1037,12

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1(9) Tax shelter promotion. (a) Beginning on the effective date of this
2paragraph .... [revisor inserts date], any person who organizes or assists in
3organizing a tax shelter, or directly or indirectly participates in the sale of any
4interest in a tax shelter, and who makes or provides or causes another person to make
5or provide, in connection with such organization or sale, a statement that the person
6knows or has reason to know is false or fraudulent as to any material matter
7regarding the allowability of any tax deduction or credit, the excludability of any
8income, the manipulation of any allocation or apportionment rule, or the securing of
9any other tax benefit resulting from holding an interest in the entity or participating
10in the plan or arrangement, shall pay a penalty to the department, with respect to
11each sale or act of organization described under this paragraph, in an amount equal
12to 50 percent of the person's gross income derived from the sale or act.

SB40-SSA1,1037,1813 (b) For purposes of administering this chapter, beginning on the effective date
14of this paragraph .... [revisor inserts date], a written communication to any person,
15director, officer, employee, agent, or representative of the person, or any other person
16holding a capital or profits interest in the person, regarding the promotion of, or
17advice with respect to, the person's direct or indirect participation in any tax shelter
18is not considered a confidential or privileged communication.

SB40-SSA1,1037,22 19(11) Injunction. The department may commence an action in the circuit court
20of Dane County to enjoin a person from taking any action, or failing to take any
21action, that is subject to a penalty under this section or in violation of this section or
22any rules that the department promulgates pursuant to this section.

SB40-SSA1,1038,924 71.83 (1) (a) 1. `Failure to file.' In case of failure to file any return required
25under s. 71.03, 71.24 or, 71.44, or 71.775 on the due date prescribed therefor,

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1including any applicable extension of time for filing, unless it is shown that the
2failure is due to reasonable cause and not due to willful neglect, there shall be added
3to the amount required to be shown as tax on the return 5% of the amount of the tax
4if the failure is for not more than one month, with an additional 5% for each
5additional month or fraction thereof during which the failure continues, not
6exceeding 25% in the aggregate. For purposes of this subdivision, the amount of tax
7required to be shown on the return shall be reduced by the amount of any part of the
8tax which is paid on or before the due date prescribed for payment and by the amount
9of any credit against the tax which may be claimed upon the return.

SB40-SSA1,1038,1611 71.83 (1) (a) 6. `Retirement plans.' Any natural person who is liable for a
12penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973,
134974, 4975, or 4980A of the internal revenue code Internal Revenue Code is liable
14for 33% of the federal penalty unless the income received is exempt from taxation
15under s. 71.05 (1) (a) or (ae). The penalties provided under this subdivision shall be
16assessed, levied, and collected in the same manner as income or franchise taxes.

SB40-SSA1,1039,1418 71.90 (2) Deposit with the secretary of administration department. At any
19time while the petition is pending before the tax appeals commission or an appeal
20in regard to that petition is pending in a court, the taxpayer may offer to deposit the
21entire amount of the additional taxes, penalties, and fines, together with interest,
22with the secretary of administration. If an offer to deposit is made, the department
23of revenue shall issue a certificate to the secretary of administration authorizing the
24secretary to accept payment of such taxes together with interest to the first day of
25the succeeding month and to give a receipt. A copy of the certificate shall be mailed

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1to the taxpayer who shall pay the taxes and interest to the secretary of
2administration within 30 days. A copy of the receipt of the secretary of
3administration shall be filed with the department. The department shall, upon final
4determination of the appeal, certify to the secretary of administration the amount
5of the taxes as finally determined and direct the secretary of administration to refund
6to the appellant any portion of such payment which has been found to have been
7improperly assessed, including interest. The secretary of administration shall make
8the refunds directed by the certificate within 30 days after receipt. Taxes paid to the
9secretary of administration under this subsection shall be subject to the interest
10provided by ss. 71.82 and 71.91 (1) (c) only to the extent of the interest accrued on
11the taxes prior to the first day of the month succeeding the application for hearing.
12Any portion of the amount deposited with the secretary of administration which is
13refunded to the taxpayer shall bear interest at the rate of 9% per year during the time
14that the funds are on deposit.

SB40-SSA1,1039,1916 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that
17has been reduced to a judgment and has been submitted by an agency of another
18state to the department of workforce development children and families for
19certification under this section.

SB40-SSA1,1039,2421 71.93 (1) (a) 4. An amount that the department of workforce development
22children and families may recover under s. 49.161 or 49.195 (3) or collect under s.
2349.147 (6) (cm), if the department of workforce development children and families
24has certified the amount under s. 49.85.

SB40-SSA1,1040,10

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173.01 (4) (e) 2. Except for hearings on ss. 341.405 and 341.45, the department
2of revenue may choose not to appeal and to nonacquiesce in the decision or order by
3sending a notice of nonacquiescence to the clerk of the commission, to the revisor of
4statutes legislative reference bureau for publication in the Wisconsin administrative
5register and to the taxpayer or the taxpayer's representative before the time expires
6for seeking a review of the decision or order under s. 73.015. The effect of this action
7is that, although the decision or order is binding on the parties for the instant case,
8the commission's conclusions of law, the rationale and construction of statutes in the
9instant case are not binding upon or required to be followed by the department of
10revenue in other cases.

SB40-SSA1,1041,2312 73.03 (2a) To prepare, have published and distribute to each property tax
13assessor and to others who so request and publish, in electronic form and on the
14Internet, assessment manuals. The manual shall discuss and illustrate accepted
15assessment methods, techniques and practices with a view to more nearly uniform
16and more consistent assessments of property at the local level. The manual shall be
17amended by the department from time to time to reflect advances in the science of
18assessment, court decisions concerning assessment practices, costs, and statistical
19and other information considered valuable to local assessors by the department. The
20manual shall incorporate standards for the assessment of all types of renewable
21energy resource systems used in this state as soon as such systems are used in
22sufficient numbers and sufficient data exists to allow the formulation of valid
23guidelines. The manual shall incorporate standards, which the department of
24revenue and the state historical society of Wisconsin shall develop, for the
25assessment of nonhistoric property in historic districts and for the assessment of

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1historic property, including but not limited to property that is being preserved or
2restored; property that is subject to a protective easement, covenant or other
3restriction for historic preservation purposes; property that is listed in the national
4register of historic places in Wisconsin or in this state's register of historic places and
5property that is designated as a historic landmark and is subject to restrictions
6imposed by a municipality or by a landmarks commission. The manual shall
7incorporate general guidelines about ways to determine whether property is taxable
8in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific
9situations. The manual shall state that assessors are required to comply with s. 70.32
10(1g) and shall suggest procedures for doing so. The manual or a supplement to it shall
11specify per acre value guidelines for each municipality for various categories of
12agricultural land based on the income that could be generated from its estimated
13rental for agricultural use, as defined by rule, and capitalization rates established
14by rule. The manual shall include guidelines for classifying land as agricultural
15land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land
16and improvements to land. The cost of the development, preparation, and Internet
17publication and distribution of the manual and of revisions and amendments to it
18shall be borne by the assessors and requesters at an individual volume cost or a
19subscription cost as determined by the department. All receipts shall be credited to
20paid from the appropriation under s. 20.566 (2) (hi). The department may provide
21free assessment manuals to other state agencies or exchange them at no cost with
22agencies of other states or of the federal government for similar information or
23publications (b).

SB40-SSA1,1042,8

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173.03 (28e) To participate as a member state of the streamlined sales tax
2governing board which administers the agreement, as defined in s. 77.65 (2) (a), and
3includes having the governing board enter into contracts that are necessary to
4implement the agreement on behalf of the member states, and to allocate a portion
5of the amount collected under ch. 77 through the agreement to the appropriation
6under s. 20.566 (1) (ho) to pay the dues necessary to participate in the governing
7board. The department shall allocate the remainder of such collections to the general
8fund.

SB40-SSA1,1042,1710 73.03 (50) (c) In the case of an applicant who is an individual and who has a
11social security number, sets forth the social security number of the applicant or, in
12the case of an applicant who is an individual and who does not have a social security
13number, submits a statement made or subscribed under oath or affirmation that the
14applicant does not have a social security number. The form of the statement shall
15be prescribed by the department of workforce development children and families. A
16certificate issued in reliance upon a false statement submitted under this paragraph
17is invalid.

SB40-SSA1,1043,219 73.03 (50) (d) In the case of a sole proprietor, signs the form or, in the case of
20other persons, has an individual who is authorized to act on behalf of the person sign
21the form, or, in the case of a single-owner entity that is disregarded as a separate
22entity under section 7701 of the Internal Revenue Code, the person is the owner. Any
23person who may register under this subsection may designate an agent, as defined
24in s. 77.524 (1) (ag), to register with the department under this subsection in the

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1manner prescribed by the department. In this paragraph, "sign" has the meaning
2given in s. 77.51 (17r).

SB40-SSA1,1043,74 73.03 (50b) To waive the fee established under sub. (50) for applying for and
5renewing the business tax registration certificate, if the person who is applying for
6or renewing the certificate is not required for purposes of ch. 77 to hold such a
7certificate.

SB40-SSA1,1043,169 73.03 (50m) To enter into a memorandum of understanding with the
10department of workforce development children and families under s. 49.857. The
11department of revenue shall suspend, refuse to issue or refuse to renew any
12certificate issued under sub. (50) as provided in the memorandum of understanding
13entered into under s. 49.857. Notwithstanding ss. 71.78 and 77.61 (5), the
14department of revenue shall disclose to the department of workforce development
15children and families the social security number of any applicant for a certificate
16issued under sub. (50) as provided in the memorandum of understanding.

SB40-SSA1,1043,2518 73.03 (52n) To enter into agreements with federally recognized tribes located
19in this state that provide for offsetting state tax refunds against tribal obligations
20and to charge a fee up to $25 per transaction to the debtor for the administrative costs
21of such setoffs. The administrative costs collected under this subsection shall be
22credited to the appropriation under s. 20.566 (1) (h). Setoffs under ss. 71.93, 71.935,
23and 73.03 (52) shall occur before setoffs under this subsection. Any legal proceeding
24to contest a setoff under this subsection shall be brought against the tribe under the
25process established by the tribe.

SB40-SSA1,1044,32 73.03 (61) To do all of the following related to the Uniform Sales and Use Tax
3Administration Act:

SB40-SSA1,1044,44 (a) Certify compliance with the agreement, as defined in s. 77.65 (2) (a).

SB40-SSA1,1044,75 (b) Pursuant to the agreement, as defined in s. 77.65 (2) (a), certify certified
6service providers, as defined in s. 77.51 (1g), and certified automated systems, as
7defined in s. 77.524 (1) (am).

SB40-SSA1,1044,208 (c) Consistent with the agreement, as defined in s. 77.65 (2) (a), establish
9performance standards and eligibility criteria for a seller that sells tangible personal
10property, items or property under s. 77.52 (1) (b) or (c), or taxable services in at least
115 states that are signatories to the agreement, as defined in s. 77.65 (2) (a); that has
12total annual sales revenue of at least $500,000,000; that has a proprietary system
13that calculates the amount of tax owed to each taxing jurisdiction in which the seller
14sells tangible personal property, items or property under s. 77.52 (1) (b) or (c), or
15taxable services; and that has entered into a performance agreement with the states
16that are signatories to the agreement, as defined in s. 77.65 (2) (a). For purposes of
17this paragraph, "seller" includes an affiliated group of sellers using the same
18proprietary system to calculate the amount of tax owed in each taxing jurisdiction
19in which the sellers sell tangible personal property, items or property under s. 77.52
20(1) (b) or (c), or taxable services.

SB40-SSA1,1044,2421 (d) Issue a tax identification number to a person who claims an exemption
22under subch. III or V of ch. 77 and who is not required to register with the department
23for the purposes of subch. III or V of ch. 77 and establish procedures for the
24registration of such a person.

SB40-SSA1,1045,4

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1(e) Maintain a database that is accessible to sellers and certified service
2providers, as defined in s. 77.51 (1g), that indicates whether items defined in
3accordance with the Uniform Sales and Use Tax Administration Act are taxable or
4nontaxable.

SB40-SSA1,1045,95 (f) Maintain a database that is accessible to sellers and certified service
6providers, as defined in s. 77.51 (1g), and available in a downloadable format, that
7indicates tax rates, taxing jurisdiction boundaries, and zip code or address
8assignments related to the administration of taxes imposed under subchs. III and V
9of ch. 77.

SB40-SSA1,1045,1210 (g) Set forth the information that the seller shall provide to the department for
11tax exemptions claimed by purchasers and establish the manner in which a seller
12shall provide such information to the department.

SB40-SSA1,1045,1613 (h) Provide monetary allowances, in addition to the retailer's discount provided
14under s. 77.61 (4) (c), to certified service providers, as defined in s. 77.51 (1g), and
15sellers that use certified automated systems, as defined in s. 77.524 (1) (am), or
16proprietary systems, pursuant to the agreement as defined in s. 77.65 (2) (a).

SB40-SSA1,1045,2518 73.03 (63) Notwithstanding the amount limitations specified under ss. 71.07
19(5b) (c) 1. and (5d) (c) 1., 71.28 (5b) (c) 1., 71.47 (5b) (c) 1., and 560.205 (3) (d), in
20consultation with the department of commerce, to carry forward to subsequent
21taxable years unclaimed credit amounts of the early stage seed investment credits
22under ss. 71.07 (5b), 71.28 (5b), and 71.47 (5b) and the angel investment credit under
23s. 71.07 (5d). Annually, no later than July 1, the department of commerce shall
24submit to the department of revenue its recommendations for the carry forward of
25credit amounts as provided under this subsection.

SB40-SSA1,1046,52 73.0301 (1) (d) 2. A license issued by the department of health and family
3services children and families under s. 48.66 (1) (a) to a child welfare agency, group
4home, shelter care facility, or day care center, as required by s. 48.60, 48.625, 48.65,
5or 938.22 (7).

SB40-SSA1,1046,158 73.0301 (1) (e) "Licensing department" means the department of
9administration; the board of commissioners of public lands; the department of
10commerce; the department of children and families; the government accountability
11board; the department of financial institutions; the department of health and family
12services; the department of natural resources; the department of public instruction;
13the department of regulation and licensing; the department of workforce
14development; the office of the commissioner of insurance; or the department of
15transportation.

SB40-SSA1,1046,2217 73.0301 (2) (c) 1. am. If the applicant is an individual and does not have a social
18security number, a statement made or subscribed under oath or affirmation that the
19applicant does not have a social security number. The form of the statement shall
20be prescribed by the department of workforce development children and families. A
21license issued in reliance upon a false statement submitted under this subd. 1. am.
22is invalid.

SB40-SSA1,1047,424 73.0301 (2) (c) 2. A licensing department may not disclose any information
25received under subd. 1. a. or b. to any person except to the department of revenue for

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1the purpose of requesting certifications under par. (b) 2. in accordance with the
2memorandum of understanding under sub. (4) and administering state taxes or to
3the department of workforce development children and families for the purpose of
4administering s. 49.22.

SB40-SSA1,1047,86 74.09 (3) (b) 6m. The amount of the credit under s. 79.10 (5m) allocable to the
7property for the previous year and the current year, and the percentage change
8between those years.

SB40-SSA1,1047,1210 74.09 (3) (b) 7. The amount obtained by subtracting the amount amounts under
11subd. subds. 6. and 6m. from the amount under subd. 5., for the previous year and
12the current year, and the percentage change in that amount between those years.

SB40-SSA1,1047,2014 76.07 (4g) (b) 8. Determine transport-related revenue by adding public service
15revenue allocated to this state on the basis of routes for which the company is
16authorized to receive subsidy payments, mutual aid allocated to this state on the
17basis of the ratio of transport revenues allocated to this state to transport revenues
18everywhere in the previous year, in-flight sales allocated to this state as they are
19allocated under s. 77.51 (14r) 77.522 and all other transport-related revenues from
20sales made in this state.

SB40-SSA1,1047,2322 76.29 (1) (f) "Tax period" means each calendar year or portion of a calender year
23from January 1, 2004, to December 31, 2009.

SB40-SSA1,1048,11

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176.29 (2) Imposition. There is imposed on every light, heat, and power company
2and electric cooperative that owns an electric utility plant, an annual license fee to
3be assessed by the department on or before May 1, 2005, and every May 1 thereafter,
4ending with the assessment on May 1, 2010, measured by the gross revenues of the
5preceding tax period in an amount equal to the apportionment factor multiplied by
6gross revenues multiplied by 1.59%. The fee shall become delinquent if not paid
7when due and when delinquent shall be subject to interest at the rate of 1.5% per
8month until paid. Gross revenues earned by a light, heat, and power company after
9December 31, 2009, are subject to the license fee imposed under s. 76.28 (2). Gross
10revenues earned by an electric cooperative after December 31, 2009, are subject to
11the license fee imposed under s. 76.48 (1r).

SB40-SSA1,1048,1413 76.635 (1) (a) "Certified capital company" has the meaning given in s. 560.30
14(2) 560.29 (1) (a).

SB40-SSA1,1048,1716 76.635 (1) (b) "Certified capital investment" has the meaning given in s. 560.30
17(4) 560.29 (1) (b).

SB40-SSA1,1048,2019 76.635 (1) (c) "Investment date" has the meaning given in s. 560.30 (6) 560.29
20(1) (d).

SB40-SSA1,1048,2322 76.635 (1) (d) "Investment pool" has the meaning given in s. 560.30 (7) 560.29
23(1) (e).

SB40-SSA1,1049,2

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176.635 (1) (e) "Qualified investment" has the meaning given in s. 560.30 (11)
2560.29 (1) (g).

SB40-SSA1,1049,104 76.635 (4) (a) If a certified capital company is decertified, or an investment pool
5is disqualified, under s. 560.37, 2005 stats., before the certified capital company
6fulfills the investment requirement under s. 560.34 (1m) (a) 1., 2005 stats., with
7respect to the investment pool, any insurer that has received a credit under this
8section with respect to that investment pool shall repay that credit to the
9commissioner of insurance, for deposit in the general fund, and may not claim more
10credit in respect to that investment pool.

SB40-SSA1,1049,2112 76.635 (4) (b) If a certified capital company fulfills the investment requirement
13under s. 560.34 (1m) (a) 1., 2005 stats., with respect to an investment pool but the
14certified capital company is decertified, or an investment pool is disqualified, under
15s. 560.37, 2005 stats., before the certified capital company fulfills the investment
16requirement under s. 560.34 (1m) (a) 2., 2005 stats., for that investment pool, any
17insurer that has received a credit under this section with respect to that investment
18pool shall repay all credits that were claimed for taxable years after the taxable year
19that includes the 3rd anniversary of the investment date of the investment pool and
20may claim no more credits for taxable years after the taxable year that includes the
213rd anniversary of the investment date of the investment pool.

SB40-SSA1,1050,1023 76.636 (1) (e) "Member of a targeted group" means a person who resides in an
24area designated by the federal government as an economic revitalization area, a
25person who is employed in an unsubsidized job but meets the eligibility requirements

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1under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who
2is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay
3project position under s. 49.147 (3m), a person who is eligible for child care assistance
4under s. 49.155, a person who is a vocational rehabilitation referral, an economically
5disadvantaged youth, an economically disadvantaged veteran, a supplemental
6security income recipient, a general assistance recipient, an economically
7disadvantaged ex-convict, a qualified summer youth employee, as defined in 26 USC
851 (d) (7), a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp
9recipient, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3.
10by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.

SB40-SSA1,1050,1612 76.636 (2) (b) The amount determined by multiplying the amount determined
13under s. 560.785 (1) (b) by the number of full-time jobs created in a development zone
14and filled by a member of a targeted group and by then subtracting the subsidies paid
15under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m)
16(c) for those jobs.