Statement of Scope
Department of
Revenue
Rule
No.
:
|
Chapter
s Tax
1,
2, 3, and 9
|
Relating to
:
|
Income, franchise, and excise
tax
provisions
|
1.
Detailed d
escriptio
n of the objective of the
proposed
rule:
The object
ive
s
of t
he
rule
are
to:
•
Revise s.
Tax 1.11
to
r
emove reference to gift and inh
eritance tax
and revise the listing of persons who may examine tax returns to include persons who have a material interest in obtaining the outstanding liability secured by a tax warrant,
as provided by
2015 Wis. Act 216
, and
for
the State Auditor and the employees of the legislative audit bureau
as provided by
2013 Wisconsin Act 8
.
•
Revise ss.
Tax 2.02
and
2.955
to reflect there is no longer a reciprocity agreement between Wisconsin and Minnesota.
•
Revise s.
Tax
2.12
to reflect that
,
for taxable years beginning on or after January 1, 2015, Form 1X is no longer available to file a claim for refund.
•
Amend s.
Tax 2.955
to clarify that, under s.
71.07 (7)
, Stats., a partner in a partnership or member of a limited liability company treated as a partnership who is a resident of Wisconsin may claim the credit for taxes paid to other states.
2.
Description of existing policies relevant to the rule
,
new policies proposed to be included in the rule
,
and an a
nalysis of policy alternatives:
Existing policies are as set forth in the rules.
Additional language is needed
to r
eflect the statutory provisions described
above. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
3.
Detailed explanation of s
t
atutory authority for the rule (including
the
statutory citation and language):
Under s.
71.80 (1) (c)
, Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This provision applies
to the revision of ss.
Tax 2.02
,
2.12
,
2.955
,
and
3.05
.
Sections
139.38 (1)
and
139.82 (1)
, Stats., provide the records of cigarette manufacturers and tobacco products manufacturers, respectively, shall be kept in a manner prescribed by the department. These provisions apply to the revision of s.
Tax 9.69 (5) (intro.)
.
4.
Estimate of amount of time that state employees will spend develop
ing
the rule and of other resource
s necessary to develop the rule:
The department estimates it will take approximately 1
00
hours to develop the rule
.
5.
List with d
escription of all entities that may be
affec
ted by the
proposed
rule:
Tax professionals, businesses, and others who rely on clear, current, and concise rules
6.
Summary and preliminary comparison
with
any existing or proposed federal regulation that is intended to address the activities to be regulated by the
proposed
rule
:
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
No economic impact is anticipated.
Contact Person:
Jennifer Chadwick
(608) 266-8253
