Section Tax 2.88 - Interest rates(1) INTEREST ON UNPAID TAXES WHICH ARE NOT DELINQUENT. Unpaid individual income or corporate franchise or income taxes which are not delinquent but which are assessed by the department on or after August 1, 1981 shall bear interest computed at the rate of 12% per year from the due date of the taxes to the date paid or delinquent.(2) INTEREST ON DELINQUENT TAXES. Any individual income or corporate franchise or income tax delinquencies shall include interest at the rate of 1.5% per month from the date on which the taxes became delinquent until the taxes are paid.(3) INTEREST ON REFUNDS. (a) Any refund of individual income or corporate franchise or income taxes shall include interest at the rate of 3% per year from the due date of the return to the date paid by the department, except as provided in pars. (b), (c), and (d).(b) No interest may be allowed on income and franchise taxes if the refund is certified on a refund roll within 90 days of the due date of the return or the date the return was filed, whichever occurs later. This treatment shall apply to a refund of taxes resulting from an overpayment of estimated tax as well as from withheld taxes.(c) No interest may be allowed on a refund of income taxes that results from the carryback of a net operating loss.(d) No interest may be allowed on refunds due to a tax credit issued under ss. 71.07(3q), (3w), (3wm), and (3y), 71.28(3q), (3w), (3wm), and (3y), and 71.47(3q), (3w), and (3y), Stats., and subch. VIII of ch. 71, Stats.(4) INTEREST ON DEPOSIT OF CONTESTED TAXES. Any refund of an amount deposited with the department pursuant to s. 71.90(1), Stats., shall include interest at the rate of 3% per year from the date the funds were deposited to the date refunded.(5) EXTENSION PERIODS. If an extension of time is granted for filing an individual income or a corporate franchise or income tax return, any taxes owing with the return are subject to interest during the extension period at the rate of 12% per year. However, if the return is not filed or the taxpayer files but fails to pay the tax by the end of the extension period, the taxes owing become delinquent and shall be subject to delinquent interest under sub. (2) from the end of the extension period until paid.Wis. Admin. Code Department of Revenue Tax 2.88
Cr. Register, January, 1979, No. 277, eff. 2-1-79; r. and recr. (1), (3) and (4), Register, September, 1983, No. 333, eff. 10-1-83; renum. (2) to (4) to be (3), (2) and (5) and am., cr. (4), Register, July, 1989, No. 403, eff. 8-1-89; CR 14-005: am. (3) (a), (4) Register August 2014 No. 704, eff. 9-1-14.Amended by, CR 16-046: am. (3) (a), cr. (3) (c) Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 19-141: am. (3) (a), cr. (3) (d) Register September 2020 No. 777, eff. 10-1-20; correction in (3) (d) made under s. 35.17, Stats., Register September 2020 No. 777, eff. 10/1/2020Amended by, correction in (5) (Note [2], [3]), (8) (b) 3. (Note) made under s. 35.17, Stats., Register July 2022 No. 799, eff. 8/1/2022. 2013 Wis. Act 20 reduced the rate of interest on refunds of taxes and refunds of the deposit of contested taxes from 9% to 3%. The 3% rate applies to refunds paid on or after July 2, 2013, regardless of the taxable periods to which the refunds pertain.
Section Tax 2.88 interprets ss. 71.03(7), 71.07(3q), (3w), (3wm), and (3y), 71.24(7), 71.28(3q), (3w), (3wm), and (3y), 71.44(3), 71.47(3q), (3w), and (3y), 71.55(4), 71.82(1) and (2) (a), and 71.90(1), Stats.