Section Tax 19.03 - General(1) DEFINITIONS. In this section: (b) "Excess property tax levy rate" means the amount by which the property tax levy rate for a municipality exceeds 5 mills.(c) "Municipal operating budget increase" means an amount, expressed as a percentage and rounded to 2 places beyond the decimal, which results from dividing: 1. The difference between the amount of the municipal operating budget for the year of the statement and the amount of the municipal operating budget, including any adjustment under s. 79.05 (6), Stats., for the year before the year of the statement; by2. The amount of the municipal operating budget, including any adjustment under s. 79.05 (6), Stats., for the year before the year of the statement.(f) "Property tax levy rate" means an amount, expressed as a decimal and rounded to 9 places beyond the decimal, which results from dividing:1. Municipal taxes only less the tax increment under s. 66.1105, Stats.; by2. The municipal full value less the tax incremental value under s. 66.1105, Stats.(i) "Tax increment" means the sum of tax increments for all taxing jurisdictions as reported on the statement of taxes on the line entitled "tax increment."(j) "Taxing jurisdiction" has the same meaning as in s. 74.01 (7), Stats.(k) "Inflation factor" means an amount expressed as a percentage and rounded to one place beyond the decimal, which results from dividing:1. The difference between the sum of the 12 monthly indexes of the U.S. consumer price index for all urban consumers, U.S. city average, for the year before the year of the statement and the sum of the 12 monthly indexes of the U.S. consumer price index for all urban consumers, U.S. city average, for the year prior to that year; by2. The sum of the 12 monthly indexes of the U.S. consumer price index for all urban consumers, U.S. city average, for the year before the year of the statement. (l) "The year of the statement" means the calendar year in which the statement under s. 79.015, Stats., is issued and is the year prior to the calendar year in which the expenditure restraint payment is to be made.(m) "Total property tax levy" means the amount reported on the statement of taxes as "total town, village or city taxes levied."(n) "Valuation factor" has the same meaning as in s. 79.05 (1) (d), Stats.(2) ELIGIBILITY. Any town, village, or city shall receive an expenditure restraint payment if all of the following requirements are met:(a) Its property tax levy rate established during the year before the year of the statement is greater than 5 mills.(c) Its municipal operating budget increase is less than the percentage change under s. 79.05 (2) (c), Stats.(3) ELIGIBILITY UNDER SUB. (2) (A). The department of revenue shall determine whether a municipality meets the eligibility requirement under sub. (2) (a). If a municipality meets this eligibility, the department of revenue shall send the expenditure restraint worksheet to the municipality which, when returned to the department of revenue, shall be used to determine if the municipality meets the requirement in sub. (2) (c). Note: See s. Tax 19.04 for information about the expenditure restraint worksheet.
(4) PAYMENT. If the department of revenue determines that a municipality meets the requirements in sub. (2), it shall receive an expenditure restraint payment calculated by the department of revenue as follows:(a) Subtract 5 mills from the municipality's property tax levy rate.(b) Multiply the amount under par. (a) by the municipality's full value including the value increment under s. 66.1105, Stats.(c) Divide the amount under par. (b) by the total of the amounts under par. (b) for all municipalities that qualify.(d) Multiply the amount under par. (c) by the amount of the appropriation under s. 79.01 (1), Stats.(5) CORRECTIONS TO PAYMENTS. The department of revenue will increase or decrease the subsequent year's distribution under subch. I of ch. 79, Stats., for any overpayments and underpayments.Wis. Admin. Code Department of Revenue Tax 19.03
Cr. Register, July, 1991, No. 427, eff. 8-1-91; r. (1) (a), (d), (e), (g), (h) and (2) (b), cr. (1) (am) and (4) (d), am. (1) (b), (c), (k), (L), (2) (intro.), (a), (c), (3) and (4) (intro.) and (a), Register, December, 1998, No. 516, eff. 1-1-99; correction in (1) made under s. 13.93(2m) (b) 1, Stats., Register, December, 1998, No. 516; corrections in (1) (f) 1., 2. and (4) (b) made under s. 13.93(2m) (b) 7, Stats., Register September 2006 No. 609; CR 13-035: am. (1) (c) (intro.) Register December 2013 No. 696, eff. 1-1-14.Amended by, CR 23-062: am. (1) (k) 1., 2. Register July 29 No. 823, eff. 8/1/2024