2007 Wisconsin Act 219

Effective Date: April 7, 2008

Summary of Amendments

The amendments to 2007 Wisconsin Act 219 are divided into two main sections. The first is designed to change the method of filing real estate transfer returns by mandating that they be electronically filed except in cases of undue hardship. Specifically, Senate Bill 0549 amends Wisconsin Statutes Section 77.22 (2) (intro) of Chapter 77 dealing with taxation and real estate transfer fees. It adds the new requirement that forms filed to pay the real estate transfer fee on or after July 01, 2009, must be filed electronically in a manner given by the Secretary of Revenue. This requirement may be waived if a written request is filed and the secretary then finds that requiring the electronic filing would cause undue hardship.

The second major change was made to change the rules regarding the balance of confidentiality and public and private access to the returns. Specifically, the act repealed and recreated Section 77.265 regarding confidentiality. The changes preserve the important distinction that in all situations grantee and grantor social security and telephone numbers remain confidential. However, the new statute expands instances in which the returns and the other information in them may be shared. For instance, they may be distributed to local assessors, and the assessor must also make the records available to the chief elected official within any local unit of government or his or her agent for reviewing the basis on which equalized values were found. The returns may also be used in any proceeding involving a valid subpoena or court order. The department of work force, department of revenue, county real property listers, and local assessors are likewise allowed to use the forms. Government agencies that acquire real property for public purposes or administer tax, as well as in a condemnation proceeding or in an appeal of a real property assessment also qualify for access to the form information. Finally, the department of revenue may make all the information in the return, except the social security and telephone numbers, available to the public.

77.22, 77.265 (repealed and recreated)
Bill Number: 
2007 Senate Bill 0549
By: ATG Underwriting Department | Posted on: Thu, 07/31/2008 - 1:05pm