Section 110.05. Conditions for status as a nonprofit organization; reporting requirements.

  Except as further provided in this section, no employing unit may be considered to be a nonprofit organization eligible to apply for reimbursement financing until the date on which the department receives a copy of the letter issued by the internal revenue service determining that the employing unit is exempt from taxation under section 501 (c) (3) of the internal revenue code. If an employing unit receives such a letter from the internal revenue service after the employing unit becomes an employer under s. 108.02 (13) (d) or (e) , Stats., the department shall consider the employing unit to be a nonprofit organization beginning on January 1 of the year after the year in which the internal revenue service issues the letter. The department shall consider the employing unit to be a nonprofit organization as of the date specified by the internal revenue service if:

(1)  The employing unit has filed a written notice with the department electing reimbursement financing under s. 108.151 (2) , Stats.;

(2)  The employing unit acted diligently in requesting such a determination from the internal revenue service;

(3)  Any delays concerning such a determination are attributable solely to the internal revenue service; and

(4)  There is no overpayment of benefits to any claimant due to the department's adopting the date specified by the internal revenue service.

History: Cr. Register, June, 1990, No. 414 , eff. 7-1-90.