PROPOSED
ORD
ER OF THE DEPARTMENT OF REVENUE
AMENDING
AND CREATING
RULE
S
The Wisconsin Department of Revenue
(DOR)
proposes an order to:
create
Tax 12.60;
relating to
t
he
Tax Incremental District annual report.
The scope statement for this rule, SS
063-16
, was approved by the Governor on July 11, 2016, published in
Register No. 727A3
on July 18, 2016
, and approved by the Secretary of Revenue on August 3, 2016.
Analysis by
DOR
Explanation of agency authority:
ss.
60.85 (6) (f) 1.
,
66.1105 (6m) (d) 1.
and
66.1106 (10m)
(am)
, Wis. Stats., require DOR to designate a format for annual reports by rule. "…The department of revenue shall, by rule, designate a format for annual reports under par. (c) and shall require these reports to be filed electronically…"
Related statute or rule:
There are no other applicable statutes or rules.
Plain language analysis:
2015 Wisconsin Act 257
created sections of the law requiring municipalities to file annual reports with the Wisconsin Department of Revenue
(DOR)
for each Tax Incremental District
(TID)
within the municipality. The law
requires municipalities to file the report
electronically with DOR.
This proposed rule
designates a
n electronic
format for the
TID
a
nnual report
.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation
for Tax Incremental Finance
.
Comparison with rules in adjacent states:
Illinois collects
similar
Tax Incremental Finance (TIF)
report
s.
R
eporting requirements
are
outlined
in
administrative
c
ode
. However, the code does not specify format beyond the requirement to "transmit".
Iowa
collects TIF information. The administrative code does not include
requirements for
the collection
.
Michigan
s
tatutes
provide
TIF
reporting, however, there is minimal specificity and
no
related
administrative
code
.
Minnesota
statutes
require e
ach county
to
e-mail an a
nnual
r
eport that includes breakdowns by TIF district and municipality
. The law
and administrative code
does not specify the reporting format
beyond the requirement to "email"
.
Summary of factual data and analytical methodologies:
DOR collects electronic information from counties and municipalities throughout the year using industry standards.
The proposed language is consistent with these efforts where
DOR
provides a non-proprietary application for satisfying filing requirements
.
Analysis and supporting documents used to determine effect on small business:
This rule order appl
ies
to
municipalities
that are required to
file the T
I
D
annual report
. Therefore, this rule ord
er does not affect
small business.
Anticipated costs incurred by private sector:
DOR does not anticipate any costs will be incurred by the private sector.
Effect on small business:
DOR does not anticipate any effect on small business.
Agency contact person:
Please contact Stacy Leitner at (608)
261-5335
or
stacy
l
.leitner@
wi
sconsin
.gov
, if you have any questions regarding this proposed rule.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to the contact person shown below no later than the date on which the public hearing on this proposed rule is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.
Stacy Leitner
Department of Revenue
Mail Stop 6-97
2135 Rimrock Road
P.O. Box 89
71
Madison, WI 53708-89
71
SECTION 1.
Tax
12
.
60
is
created
to read:
Tax 12.60
Tax incremental district annual report.
The tax incremental district
annual report
s
required by
ss.
60.85 (
8
) (
c)
,
66.1105 (6m) (
c
)
and
66.1106 (10)
(a)
,
Stats.,
must be electronically filed with the department
of revenue
for each tax incremental district
.
The report must be filed on the department's website
at
https://www.revenue.wi.gov/Pages/SLF/tif.aspx
.
Standard hypertext markup language (HTML) is used requiring data to be entered into given fields.
S
ECTION 2
.
Effective date
. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
DEPARTMENT OF REVENUE
Dated:
By: ___________________________
Richard G. Chandler
Secretary of Revenue