Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers
Subchapter II - Grain Dealers
Section ATCP 99.13 - Fund assessment temporarily affected by merger or acquisition; partial refund

Universal Citation: WI Admin Code § ATCP 99.13

Current through August 26, 2024

(1) PARTIAL REFUND OF ASSESSMENT. The department may refund part of an annual fund assessment paid by a contributing grain dealer under s. 126.15, Stats., if all of the following apply:

(a) The grain dealer paid the full amount of the assessment, including any late payment penalties that apply under s. 126.15(7) (d), Stats.

(b) The grain dealer is the surviving entity in a merger under s. 179.77, 180.1101, 183.1201 or 185.61, Stats., or has acquired property pursuant to a sale of assets under s. 180.1202, Stats.

(c) The assessment was based on the grain dealer's financial statement for the fiscal year in which the merger or acquisition under par. (b) took effect.

(d) The grain dealer's financial statement, for the fiscal year in which the merger or acquisition under par. (b) took effect, caused the sum of the grain dealer's current ratio assessment rate under s. 126.15(2), Stats., and debt to equity ratio assessment rate under s. 126.15(4), Stats., to increase by at least 100% compared to the preceding license year.

(e) The grain dealer's annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition under par. (b) took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.

(f) In the license year immediately following the license year for which the grain dealer paid the assessment, the sum of the grain dealer's current ratio assessment rate under s. 126.15(2), Stats., and debt to equity assessment rate under s. 126.15(4), Stats., declines by at least 50% compared to the license year for which the grain dealer paid the assessment.

(g) The grain dealer requests the refund in writing, by September 1 of the grain dealer's next license year.

(2) REFUND AMOUNT. The amount of the refund under sub. (1) shall equal 75% of the difference between the assessment amount paid by the grain dealer and the assessment amount required of the grain dealer in the next license year.

(3) REFUND PAID AS CREDIT AGAINST NEXT YEAR'S ASSESSMENT.

(a) The department shall pay the refund under sub.

(1) as a credit against the grain dealer's assessment for the next license year. The department shall apportion the credit, pro rata, against the quarterly assessment installments required of the grain dealer under s. 126.15(7), Stats., in that next license year. If the credit exceeds the total assessment required of the grain dealer in that next license year, the department shall credit the balance in the same fashion against assessments required of the grain dealer in subsequent consecutive license years, except that the department may not grant a credit in more than 4 subsequent license years.

(b) The department may not pay any refund under sub.

(1), except in the manner prescribed in par. (a). The department may not pay the refund to any person other than the grain dealer who paid the original assessment on which the refund is given.

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