Section 4.55. Ownership and name changes.

 

(1)   General. Under ss. 78.10 (6) , 78.48 (6) and 78.57 (6) , Stats., a fuel tax license is not transferable to another person or to another place of business. This section clarifies when a change in ownership or name of a business requires a new fuel tax license.

(2)   Ownership change.

(a) When there is a change in ownership of a business, the new owner shall apply for a new license using form MF-100, except as provided in par. (c) . The new owner shall notify the department no later than 10 days prior to the change. Security may be required as provided in s. Tax 4.54 .

(b) A new license shall be obtained when there is a change in the type of ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c) .

(c) A change in the ownership of a corporation does not require a new license 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 license.

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

(3)   Name change.

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

(b) A rider, verifying the name change, such as one filed by a licensee's insurance company at the request of the licensee, shall be submitted to the department. If no security is on file or a rider is not filed with the department, new security shall be deposited under the new name, as required under s. Tax 4.54 , and any old security shall be returned to the licensee.

Cr. Register, September, 1991, No. 429 , eff. 10-1-91; emerg. am. (2) (b), eff. 4-1-94; am. (2) (b), Register, November, 1994, No. 467 , eff. 12-1-94.

Note

Form MF-100 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 license 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 This section interprets ss. 78.10 (6) , 78.48 (6) and 78.57 (6) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1