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Wis. Stat. § 71.09

Payment of estimated taxes

Applied in 1 court decision — leading case 2000 WI App 211 - Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment (2000)

Most recently applied in 2000 WI App 211 - Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment (August 2000)

1987 a. 312, 411; 1989 a. 31; 1993 a. 16, 204; 1997 a. 27; 2009 a. 28; 2011 a. 68; 2013 a. 54; 2015 a. 55; 2017 a. 59; 2025 a. 118.

(1) DEFINITIONS. In this section:

(a) “Farmers or fishers” are individuals, estates or trusts whose estimated gross income from farming or fishing for the taxable year is at least two-thirds of the total estimated gross income from all sources for the taxable year or individuals, estates or trusts whose gross income from farming or fishing for the preceding taxable year was at least two-thirds of the total gross income from all sources shown on that return. If a person files a joint return, the income of both that person and that person’s spouse shall be considered in determining whether the person is a farmer or fisher.

(am) “Return” means a return that would show the tax properly due.

(b) “Tax shown on the return” and “tax for the taxable year” mean the net tax imposed under s. 71.02 after reduction for exemptions to, and credits against, that tax but before reduction by amounts withheld under subch. X and before reduction for amounts paid as estimated tax under this section for that tax plus the surcharge imposed under s. 77.93 before reduction for amounts paid as estimated tax under this section for that surcharge.

(2) WHO SHALL PAY. Every individual, estate and trust deriving income subject to taxation under this chapter, other than wages as defined in s. 71.63 (6) upon which taxes are withheld by the individual’s employer under subch. X, shall pay estimated income tax and the surcharge under s. 77.93. This section does not apply to any person on active duty with the U.S. armed forces while stationed outside the continental United States. This section does not apply to any taxable year ending before the date 2 INCOME AND FRANCHISE TAXES 71.0957 years after the date of a decedent’s death with respect to the estate of such decedent or any trust all of which is treated under subpart E of part I of subchapter J of chapter 1 of the internal revenue code as owned by the decedent and to which the residue of the decedent’s estate will pass under his or her will. This section does not apply to any trust that is subject to tax under this chapter on unrelated business taxable income as defined under section 512 of the internal revenue code. Those trusts are subject to estimated tax payments under s. 71.29.

(3) FARMERS OR FISHERS. Payments of estimated income tax required by sub.

(2) from farmers or fishers may be made at any time on or before the 15th day of the first month of the succeeding taxable year.

(4) FARMERS OR FISHERS EXCEPTION. Except as provided in sub.

(1) (am), if on or before the first day of the 3rd month of the succeeding taxable year a farmer or a fisher files a return for the taxable year, for which estimated taxes were required on or before the 15th day of the first month of the succeeding taxable year under sub. (3), and pays in full the amount computed on the return as payable, then that payment satisfies any required estimated tax installments.

(5) AMOUNT. The amount of the estimated income tax shall be the total estimated tax, including surtaxes, if any, reduced by the amount, if any, the individual, estate or trust determines will be withheld from wages pursuant to subch. X.

(7) REFUND CARRY-FORWARD. If the taxpayer claims a refund on any tax return and, concurrent with or subsequent to the filing of the return upon which such refund is claimed, is required to pay an estimated tax, and at the time of paying that tax the refund has not been paid, he or she may deduct the amount of such refund from the first installment of estimated taxes, and any excess from the succeeding installments. If a refund is paid after the due date of the last installment, its receipt shall be reflected on the income tax return covering the year. If the refund is disallowed in whole or in part after the due date of the last installment, that disallowance must be reflected on the income tax return covering the year.

(8) PREPAYMENTS. Any installment of the estimated tax under this section may be paid prior to the date prescribed for its payment.

(9) SHORT YEAR. Application of this section to taxable years of less than 12 full months shall be made pursuant to rules of the department.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.