Section 9.68. Ownership and name changes.

 

(1)   General. Under s. 139.34 (4) , Stats., a cigarette permit is not transferable to another person. This section clarifies when a new cigarette permit is required, as the result of an ownership or name change, or both.

(2)   Ownership change.

(a) When there is a change in ownership of a business, the new owner shall apply for a new permit using form CTP-129, except as provided in par. (c) . The new owner shall notify the department not later than 10 days prior to the change.

(b) A new permit shall be obtained by using form CTP-129 when there is a change in ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c) .

(c) A new permit is not required for a change in the ownership of a corporation unless either of the following occurs:

1. A corporation is merged with another corporation, the merged corporation ceases to exist, and the surviving corporation does not have a valid permit.

2. The federal employer identification number of a corporation changes.

(3)   Name change.

(a) A permittee shall notify the department of a name change at least 10 days prior to the change and the permittee shall retain the same permit number.

(b) A rider, verifying the name change, such as one filed by a permittee's insurance company at the request of the permittee, shall be submitted and attached to the security documents on file with the department. If no security is on file, or if a rider is not filed with the department, new security shall be deposited under the new name as required, and any old security shall be returned to the permittee.

History: Cr. Register, September, 1991, No. 429 , eff. 10-1-91; am. (2) (b) and (3) (b), Register, August, 1996, No. 488 , eff. 9-1-96.

Note

Form CTP-129 is available on the department's web site at www.revenue.wi.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 Examples. A new permit is required if: 1) A sole proprietorship or partnership incorporates. Microsoft Windows NT 6.1.7601 Service Pack 1 2) A sole proprietorship is sold to a different sole proprietor. Microsoft Windows NT 6.1.7601 Service Pack 1 3) A sole proprietorship becomes a partnership. Microsoft Windows NT 6.1.7601 Service Pack 1 4) A partner in a partnership leaves the partnership or a partner is added to the partnership. Microsoft Windows NT 6.1.7601 Service Pack 1 5) The federal employer identification number of a business changes. Microsoft Windows NT 6.1.7601 Service Pack 1 Section Tax 9.68 interprets s. 139.34 (4) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1