Wis. Admin. Code Department of Revenue Tax 20.05

Current through October 28, 2024

Section Tax 20.05 - Definitions

In this chapter:

(1)"Application" means the form used to claim the lottery and gaming credit.

(2)"Approved property" means taxable real estate or an item of personal property that contains the primary residence of an owner whose application for a lottery and gaming credit has been timely filed under s. Tax 20.07 or 20.11, and has not been disqualified by the department.

(3)"Certification date" means January 1 of the year the tax is levied. For manufactured and mobile homes placed in a manufactured or mobile home community after January 1, the certification date is determined under s. 66.0435(3) (c) 2, Stats.

(4)"Credit" means the lottery and gaming credit under ss. 66.0435(3) (c) 8 and 79.10, Stats.

(5)"Department" means the department of revenue.

(6)"Dwelling" means a structure or that part of a multidwelling or multipurpose structure occupied as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from outside the building or through a common hall. "Dwelling" does not include a structure which is exempt from property taxes under s. 70.111(19) or 70.112(5), Stats., in the year of the credit.

(7)"Manufactured home" has the meaning given in s. 66.0435(1) (cm), Stats.

(8)"Maximum credit value" or "MCV" means the value of property calculated by the department as provided in s. 79.10(11) (c), Stats., for purposes of computing the lottery and gaming credit.

(9)"Mobile home" has the meaning given in s. 66.0435(1) (d), Stats.

(10)"Monthly municipal permit fee" means the fee calculated under s. 66.0435(3) (c), Stats., collected by the local taxing authority or community operator, as defined in s. 66.0435(1) (c), Stats., from each occupied space or lot in a manufactured or mobile home community located in the licensing authority's boundaries.

(11)"Municipality" means any town, village, or city.

(12)"Owner" means:

(a) A person named as an owner on the title instrument for that person's primary residence which is recorded in the records of the register of deeds for the county in which that person's primary residence is located.

(b) A person related as husband or wife to a person under par. (a), (d), (f), (g), or (h).

(c) A partner of a partnership under s. 178.0102(11), Stats., or shareholder of a tax-option corporation as defined in s. 71.34(2), Stats., or a shareholder of a small business corporation as defined in s. 1361 (b) of the Internal Revenue Code, if that partnership or corporation owns property that is the primary residence of the partner or shareholder.

(d) A buyer in possession under a land contract of property which is the primary residence of the buyer, provided that the land contract or the instrument evidencing the existence of a land contract is notarized no later than 6 months after the certification date.

(e) A trustee, as defined in s. 701.0103(28), Stats., of a trust in property, as defined in s. 701.0103(20), Stats., where a beneficiary of that trust, as defined in s. 701.0103(3), Stats., uses the property as his or her primary residence.

(f) A member, as defined in s. 185.01(5), Stats., of a cooperation as defined in s. 185.01(2), Stats., that owns property that is the primary residence of the member.

(g) A person holding a property interest for life under s. 700.02(3), Stats., in property on which that person's primary residence is located, provided that the life interest is notarized no later than 6 months after the certification date.

(h) An owner of a manufactured or mobile home.

(i) A lawfully authorized agent of an owner described under pars. (a) to (h) acting on behalf of that owner.

(13)"Primary residence" means the dwelling where an individual lives most of the time and to which, when temporarily away, the individual returns, except that no individual may have more than one primary residence at any time. "Primary residence" includes a dwelling located in this state lived in by an individual for more than 6 months during a year in which the individual lived only part of the year in this state.

Note: Eligibility for the lottery credit will not be denied to an owner who is a temporary resident of a facility such as a health care facility if it is the intent of the owner to return to his or her primary residence.

(14)"School tax rate" means the rate computed by the department as the total amount levied by the school district in which the property is located divided by the full value of the school district excluding tax incremental district value increments.

(15)"Taxation district" has the meaning given in s. 74.01(6), Stats.

(16)"Taxing jurisdiction" has the meaning given in s. 74.01(7), Stats.

Wis. Admin. Code Department of Revenue Tax 20.05

CR 10-129: cr. Register October 2011 No. 670, eff. 11-1-11.

Amended by, correction in (12) (c), (e) made under s. 13.92(4) (b) 7, Stats., Register April 2017 No. 736, eff. 5/1/2017

Amended by, CR 16-064: am. (intro.) Register September 2017 No. 741, eff. 10/1/2017