Wis. Admin. Code Department of Revenue Tax 4.75

Current through October 28, 2024
Section Tax 4.75 - Payment of motor vehicle fuel tax
(1) SCOPE. This section applies to wholesaler distributors who have exercised their option to delay tax payment to suppliers required to be licensed by the department.
(2) STATUTES. Under s. 78.12(5), Stats., the wholesaler distributor has the option to pay the motor vehicle fuel tax under normal credit arrangements or to delay paying the tax to the supplier until the date that the tax is due to the department. A wholesaler distributor who makes delayed payments shall make the payment by electronic funds transfer to the supplier. If a wholesaler distributor fails to make timely payments, the supplier may terminate the right of the wholesaler distributor to make delayed payments. Each supplier shall notify the department of each wholesaler distributor who makes delayed payments of the tax.
(3) PROCEDURES.
(a) Suppliers shall notify the department of the following:
1. Name, address and federal employer identification number, or FEIN, of all wholesaler distributors who elect to delay tax payment.
2. Name of any wholesaler distributor who fails to make timely delayed tax payments. The supplier shall notify the department via email or phone within 5 days after the due date of the tax to the department.

Note: The email address or phone number by which to notify the department is DORExciseTaxpayerAssistance@wisconsin.gov or (608) 266-6701.

(b) Wholesaler distributors shall do the following:
1. Notify suppliers of their intent to delay tax payment.
2. Submit tax payments to suppliers via electronic funds transfer.
3. Submit security to the department if required.
(c) The department shall do the following:
1. Maintain a listing of the names, addresses and FEINs of all wholesaler distributors eligible to delay tax payment based on information received from suppliers.
2. Require security from wholesaler distributors who have defaulted in making delayed tax payments and who wish to continue the delayed tax payment plan.

Wis. Admin. Code Department of Revenue Tax 4.75

Emerg. cr. eff. 4-1-94; cr. Register, November, 1994, No. 467, eff. 12-1-94.
Amended by, CR 21-085: am. (3) (a) 2. Register August 2022 No. 800, eff. 9/1/2022

This section interprets s. 78.12(5), Stats.