Section Tax 9.68 - Ownership and name changes(1) GENERAL. Under s. 139.34(4), Stats., a cigarette permit is not transferable to another person. This section clarifies when a new cigarette permit is required, as the result of an ownership or name change, or both.(2) OWNERSHIP CHANGE. (a) When there is a change in ownership of a business, the new owner shall apply for a new permit using form CTP-129, except as provided in par. (c). The new owner shall notify the department not later than 10 days prior to the change.Note: Form CTP-129 is available on the department's web site at www.revenue.wi.gov.
(b) A new permit shall be obtained by using form CTP-129 when there is a change in ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c). Examples. A new permit is required if:
1) A sole proprietorship or partnership incorporates.2) A sole proprietorship is sold to a different sole proprietor.3) A sole proprietorship becomes a partnership.4) A partner in a partnership leaves the partnership or a partner is added to the partnership.5) The federal employer identification number of a business changes.(c) A new permit is not required for a change in the ownership of a corporation unless either of the following occurs: 1. A corporation is merged with another corporation, the merged corporation ceases to exist, and the surviving corporation does not have a valid permit.2. The federal employer identification number of a corporation changes.(3) NAME CHANGE. (a) A permittee shall notify the department of a name change at least 10 days prior to the change and the permittee shall retain the same permit number.(b) A rider, verifying the name change, such as one filed by a permittee's insurance company at the request of the permittee, shall be submitted and attached to the security documents on file with the department. If no security is on file, or if a rider is not filed with the department, new security shall be deposited under the new name as required, and any old security shall be returned to the permittee.Wis. Admin. Code Department of Revenue Tax 9.68
Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. (2) (b) and (3) (b), Register, August, 1996, No. 488, eff. 9-1-96. Section Tax 9.68 interpretss. 139.34(4), Stats.