Chapter 76, TAXATION OF PUBLIC UTILITIES AND INSURERS

76.01 Railroads and utilities, assessment. The department of revenue shall make an annual assessment of the property of all railroad companies, of all conservation and regulation companies, of all air carriers, and of all pipeline companies, within this state, for the purpose of …

76.02 Definitions. In ss. 76.01 to 76.26: (1) “Air carrier company” means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights, except an air carrier company whose property is exempt from taxation under s.…

76.025 Miscellaneous provisions. (1) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, excluding property that is exempt from the TAXATION OF UTILITIES AND INSURER…

76.03 Unit assessment and situs for taxation. (1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02 shall be valued and assessed together as a unit. …

76.04 Reports of companies; penalty. (1) Every company defined in s. 76.02 shall, annually, file a true and accurate statement in such manner and form and setting forth such facts as the department shall deem necessary to enforce ss. 76.01 to 76.26. The annual reports shall be fi…

76.05 Refusal or neglect to report. (1) If any company defined in s. 76.02 or its officers or agents shall refuse or neglect to make any reports required by s. 76.04 or by the department, or shall refuse or neglect to permit an inspection and examination of its records, books, ac…

76.06 General powers of investigation. In any matter material to the valuation, assessment or taxation of property under this subchapter, the department may, in its discretion, exercise any and all of the powers conferred upon it by ss. 73.03 and 73.04 (1); and every state, count…

76.07 Assessment. (1) DUTY OF DEPARTMENT. The department on or before September 15 in each year shall, according to its best knowledge and judgment, ascertain and determine the full market value of the property of each company within the state. (2) RELATION TO STATE VALUATION; DE…

76.074 Property exempt from assessment. (1) In this section: (a) Notwithstanding s. 76.02, “air carrier company” means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights. In this paragraph, “aircraft” ha…

76.075 Adjustments of assessments. Within 4 years after the due date, or extended due date, of the report under s. 76.04, any person subject to taxation under this subchapter may request the department to make, or the department may make, an adjustment to the data under s. 76.07 …

76.08 Review of assessment. (1) Notice of the assessments determined under s. 76.07 and of adjustments under s. 76.075 shall be given by certified mail to each company the property of which has been assessed, and the notice of assessment shall be mailed on or before the assessmen…

76.09 Assessment of omitted property. Any property subject to assessment under this subchapter which has been omitted from assessment or which has not been included in any assessment already made in any of the 5 next previous years by mistake or inadvertence unless previously rea…

76.10 Review of state assessment; notice of hearing; decision; time limits; notice of decision; action to review decision; error adjusted. (1) Every company defined in s. 76.02 shall, on or before October 1 in each year, be entitled, on its own motion, to present evidence before …

76.11 Aggregate of all general property taxes. (1) The department on or before August 15, upon returns from the secretary of state or from county, town, city and village officers, or both, shall ascertain and determine the aggregate tax in the whole state for state, county and lo…

76.125 Net tax rate for commercial and manufacturing property. (1) Using the statement of assessments under s. 70.53 and the statement of taxes under s. 69.61, the department shall determine the net rate of taxation of commercial property under s. 70.32 (2) (a) 2. and of manufact…

76.126 Average net rate of taxation. The department shall compute the average net rate of taxation by subtracting the aggregate state property tax credits paid under s. 79.10 from the aggregate tax determined under s. 76.11 and dividing that result by the state assessment of the …

76.13 Levy; tax roll; lien. (1) The department shall compute and levy a tax upon the property of each company defined in s. 76.02, as assessed in the manner specified in ss. 76.07 and 76.08, at the average net rate of taxation determined under s. 76.126. The amount of tax to be p…

76.14 Remedies for nonpayment of taxes. All taxes levied under this subchapter upon the property of any company defined in s. 76.02, which are not paid at the time provided by law, shall thereupon become delinquent and bear interest at the rate of 1.5 percent per month until actu…

76.15 Reassessment. (1) If any tax levied under the provisions of s. 76.13 shall be adjudged illegal and nonenforceable, or shall be set aside by any court of the state of competent jurisdiction, it shall be the duty of the department, whether any part of the taxes assessed and l…

76.16 Separate valuation of repair facilities, docks, piers, wharves, ore yards, elevators, car ferries and oil pipeline terminal facilities. After the property of a company is first valued as a whole, if any repair facilities, docks, ore yards, piers, wharves, grain elevators or…

76.17 Immaterial irregularities. No tax assessed upon any of the general property of the state and no average rate determined by said department as herein required, shall be held invalid on account of any assessment or tax roll not having been made or proceedings had within the t…

76.18 Presumption of regularity. The proceedings of the department shall be presumed to be regular and the determination of the department shall not be impaired, vitiated or set aside by any court upon any grounds not affecting the substantial justice of the tax. The provisions i…

76.22 Tax lien; sale. (1) The taxes levied upon and extended against the property of any company defined in s. 76.02, after the same become due, with interest thereon, shall become a lien upon the property of such company within the state prior to all other liens, debts, claims o…

76.23 Exemption from other taxation. The taxes imposed by this chapter upon the property of the companies defined in s. 76.02 shall be in lieu of all other taxes on such property necessarily used in the operation of the business of such companies in this state, except that the co…

76.24 Distribution of revenue. (1) All taxes collected from companies defined in s. 76.02 under this subchapter shall be transmitted by the department to the secretary of administration and become a part of the general fund for the use of the state, except that taxes paid into th…

76.25 Experts and employees. The department is authorized and empowered to employ expert engineers, expert accountants and such clerks and assistants as may be necessary to properly perform the duties imposed by this subchapter and in the work of the valuation and taxation of the…

76.26 Court fees. The fees of the sheriff and one deputy, and of the clerk of the court and one deputy, for attendance upon the court for the trial of any action under ss. 76.01 to 76.26 shall be audited by the department of administration upon the certification of said clerk and…

76.28 License fee for light, heat and power companies. (1) DEFINITIONS. In this section: (a) “Apportionment factor” means a fraction the numerator of which is the sum of the property factor, the payroll factor and the sales factor and the denominator of which is the number 3. (b)…

76.29 License fee for selling electricity at wholesale. (1) DEFINITIONS. In this section: (a) “Apportionment factor” has the meaning given in s. 76.28 (1) (a). (b) “Department” means the department of revenue. (c) “Electric cooperative” has the meaning given in s. 76.48 (1g) (c).…

76.30 Confidentiality provisions. (1) DIVULGING INFORMATION. Except as provided in sub. (2), no person may divulge or circulate or offer to obtain, divulge or circulate any information provided by a company taxed under this subchapter, except a company taxed under s. 76.28, to th…

76.31 Determination of ad valorem tax receipts for hub facility exemptions. Annually, by July 1, the department shall determine the total amount of the tax imposed under subch. I of ch. 76 that was paid by each air carrier company, as defined in s. 76.02 (1), whose property is ex…

76.39 Car line taxes. (1) For the purposes of this section: (am) “Average net rate of taxation” means the average net rate of taxation determined under s. 76.126 as of June of the year prior to the assessment. (b) “Car line company” means any person, not operating a railroad, eng…

76.46 Powers of investigation. (1) The department may, whenever in its opinion such action is necessary, examine or cause to be examined the books and records of any railroad company or car line company in order to verify the accuracy of the reports submitted to the department. (…

76.48 License fees, electric cooperatives. (1g) In this section: (a) “Apportionment factor” has the meaning under s. 76.28 (1) (a). (b) “Book cost of utility plant” has the meaning set forth in the uniform system of accounts prescribed by the U.S. rural electrification administra…

76.54 Motor carriers and urban transit companies; municipal taxation. No city, village or town shall impose a license tax upon either of the following: (1) Any common motor carrier of property or of passengers, any contract motor carrier or any private motor carrier on account of…

76.60 Fire, travel, and marine insurers; license fees. Every insurer doing a fire, travel, or marine insurance business, other than domestic insurers and insurers excepted under s. 76.61, shall pay to the state, in respect to travel or marine insurance a tax of 0.5 percent and in…

76.61 Town mutual insurers; taxes, charges, dues and license fees. No town mutual insurer organized under or subject to ch. 612 shall be required to pay any taxes, charges, dues or license fees to the state except those charges and dues provided for in ss. 601.31, 601.32, 601.45 …

76.62 License fees; calculation of. All license fees and taxes levied under any provision of law upon gross premiums other than life insurance premiums against any insurer shall be uniformly calculated on the amount of gross premiums received for direct insurance less return prem…

76.63 Casualty insurance; license fees. (1) Every insurer doing a casualty or surety business, other than domestic insurers and insurers exempted under s. 76.61, shall pay to the state 2 percent of its gross premiums, as calculated under s. 76.62, on all policies or contracts whi…

76.633 Community development entity investment credit. (1) DEFINITIONS. In this section: (a) “Applicable percentage” means 0 percent for the first 2 credit allowance dates and 10 percent for the next 5 credit allowance dates. (b) “CDFI fund” means the community development financ…

76.634 Long-term care insurance assessment credit. (1) DEFINITIONS. In this section: (a) “Claimant” means a person who files a claim under this section. (b) “Disability insurer” means an insurer classified as a disability insurer under s. 646.51 (3) (bm) 2. (2) FILING CLAIMS. Sub…

76.635 Credit for investment in certified capital companies. (1) DEFINITIONS. In this section: (a) “Certified capital company” has the meaning given in s. 560.29 (1) (a), 2009 stats. (b) “Certified capital investment” has the meaning given in s. 560.29 (1) (b), 2009 stats. (c) “I…

76.636 Credit for certain development zone activities. (1) DEFINITIONS. In this section: (a) “Brownfield” means an industrial or commercial facility in which expansion or redevelopment is complicated by environmental contamination. (b) “Development zone” means any of the followin…

76.637 Economic development credit. (1) DEFINITION. In this section, “claimant” means an insurer who files a claim under this section and is certified under s. 238.301 (2), 2023 stats., or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 238.303, 2023 st…

76.638 Early stage seed investment credit. (1) DEFINITIONS. In this section, “fund manager” means an investment fund manager certified under s. 238.15 (2) or s. 560.205 (2), 2009 stats. (2) FILING CLAIMS. (a) For taxable years beginning after December 31, 2008, subject to the lim…

76.639 Low-income housing credit. 76.64 Quarterly installments.

76.64 Quarterly installments. Insurers shall pay installments of the total estimated payment under ss. 76.60, 76.63, 76.65 and 76.66 on or before April 15, June 15, September 15 and December 15. Every insurer shall make a return for the preceding calendar year on or before March …

76.645 Penalties. 76.65 Life insurers; license fee.

76.65 Life insurers; license fee. Every insurer doing a life insurance business within this state, except fraternals as defined in s. 614.01, shall pay into the state treasury as an annual license fee for transacting such business the amounts following: (1) DOMESTIC INSURERS. (a)…

76.655 Health Insurance Risk-Sharing Plan assessments credit. 76.66 Retaliatory taxation of nondomestic insurers. 76.67 Reciprocal taxation of foreign insurers. 76.68 License; issuance; collection of fees. SUBCHAPTER IV TELEPHONE COMPANY TAX 76.80 Definitions. 76.81 Imposition.