Wisconsin Administrative Code
Department of Revenue
Chapter Tax 2 - Income Taxation, Returns, Records And Gross Income
Section Tax 2.66 - Combined estimated tax payments
Universal Citation: WI Admin Code ยง Tax 2.66
Current through February 26, 2024
(1) SCOPE. In general, s. 71.255(7) (b) 5, Stats., provides that only the designated agent of a combined group may make estimated tax payments applicable to a combined return. This section provides exceptions to the general rule, explains the estimated tax requirements, and provides rules for applying estimated payments and overpayments.
(2) SEPARATE ESTIMATED PAYMENTS.
(a)
When
separate estimated payments are allowed. Although the designated agent
is always authorized to make estimated payments on behalf of any and all of its
combined group members, a combined group member other than the designated agent
may make estimated payments on its own behalf if any of the following apply:
1. For the first taxable year for which a
combined group files a combined return, any member of the group may make
estimated payments on its own behalf.
2. For the first taxable year for which a
corporation is a member of a combined group, that corporation may make
estimated payments on its own behalf.
3. Any combined group member may make
estimated payments on its own behalf to the extent those payments relate to
separate entity items.
(b)
Reporting of separate estimated
payments. If a combined group member other than the designated agent
makes separate estimated payments and applies those payments to the combined
return, the designated agent shall notify the department of those payments on a
department-prescribed form filed with the combined return. This notification
authorizes the department to apply the separate estimated payments to the
combined return.
(3) DETERMINATION OF REQUIRED ESTIMATED PAYMENTS.
(a)
General. If a combined
return is filed, the amount of any addition to tax under s.
71.84(2),
Stats., shall be computed as if the combined group were one corporation. "Tax
shown on the return" and "tax for the taxable year" as defined in s.
71.29(1)
(b), Stats., have the same meaning with
respect to a combined return as to a separate return.
(b)
Computation of
thresholds. Since, as provided in par. (a), "tax shown on the return"
has the same meaning with respect to a combined return as to a separate return,
the amounts of the following thresholds are the same regardless of the number
of combined group members included in the combined return:
1. Section
71.29(7),
Stats., which provides that no interest on underpayment is required if the tax
shown on the return for the taxable year is less than $500.
2. Section
71.29(9),
Stats., which provides that for corporations that have Wisconsin net incomes of
less than $250,000 and whose preceding taxable year was a 12-month taxable
year, estimated payments may be based on the lesser of 90 percent of tax shown
on the return for the current taxable year or the tax shown on the return for
the preceding year.
(c)
Effect of separate entity items. The amount of net income and
tax shown on a combined return includes net income and tax attributable to
separate entity items. If the combined return includes separate entity items of
a corporation that would otherwise be a combined group member except that it
has no items that are subject to combination under the water's edge rules of s.
Tax
2.61(4), the corporation is
considered a combined group member for purposes of determining required
estimated payments.
Example: Combined Group AB consists of Member A and Member B. Group AB filed a combined return for calendar year 2010. The 2010 return includes $30,000 of net tax attributable to Member A's items and $20,000 attributable to Member B's items, including $5,000 attributable to B's separate entity items. The 2010 combined return also includes $10,000 of net tax from the separate entity items of Corporation C, which would be a combined group member except that none of its items are subject to combination under the water's edge rules. If Group AB is not eligible to base its estimated taxes on its 2009 net tax under the provisions of par. (b), Group AB's required estimated tax payments for purposes of its 2010 combined return are $54,000 (= ($30,000 + $20,000 + $10,000) x 90%).
(d)
Annualized income installment
method. For purposes of the annualized income installment method
provided in s.
71.29(9) (c) and (10)
(c), Stats., the previous year's
apportionment percentage for a combined group equals the sum of the combined
group members' modified sales factor numerators as determined under s.
Tax
2.61(7) (a) for the combined group's
preceding taxable year, divided by the combined group's modified sales factor
denominator as determined under s.
Tax
2.61(7) (b) for the combined group's
preceding taxable year.
(e)
Change in membership. For purposes of applying par. (a) and
except as provided in par. (f), the combined group's "tax shown on the return"
for the current taxable year or the preceding taxable year is the tax shown on
the combined return for the applicable year, without regard to corporations
that have joined or left the group.
Example: Group JK files a combined return for the calendar year 2009. During 2010, Member J acquires L and L becomes a member of the combined group. If the group qualifies to determine its estimated tax obligations for 2010 based on its preceding year's tax liability, its preceding year's tax liability only includes the tax shown on Group JK's 2009 combined return; it does not include any tax liability from L's 2009 separate return.
(f)
First
combined return year. The following rules apply to the computation of
required estimated payments for the first year that a combined group files a
combined return:
1. If the total of the
combined group's Wisconsin net income reported on the combined return is less
than $250,000, the required estimated payments may be based on the sum of the
members' tax shown on their Wisconsin returns for the preceding year as
provided by s.
71.29(9) (a)
2, Stats., but only if all combined group
members filed a Wisconsin return which covered a full 12 months in the
preceding taxable year. If a member was included in the combined return of
another combined group in the preceding taxable year, its tax shown on the
return for that year is the tax attributable to the sum of its share of
combined unitary income and income from separate entity items reported on that
return.
2. If one or more combined
group members did not file a Wisconsin return which covered 12 months in the
preceding taxable year, the combined group shall base its required estimated
payments on 90 percent of the tax shown on the combined return as provided
under s.
71.29(9) (a) 1. or
(10) (b), Stats., as applicable.
3. The previous year's apportionment
percentage for purposes of the annualized income installment method equals the
sum of the current combined group members' apportionment factor numerators from
their returns for the preceding taxable year, divided by the sum of the
apportionment factor denominators from their returns for the preceding taxable
year. If a member was included in the combined return of another combined group
in the preceding taxable year, its apportionment percentage for this purpose is
its modified sales factor numerator for that taxable year as determined under
s.
Tax
2.61(7) (a), divided by its separate
company denominator for that taxable year as determined under s.
Tax
2.61(7) (b).
4. For purposes of subds. 1. to 3., if a
combined group member has a taxable year different than the combined group's
taxable year, the member's preceding taxable year is its taxable year most
recently ended before the first day of the combined group's taxable year.
(4) RULES FOR APPLYING ESTIMATED PAYMENTS AND OVERPAYMENTS.
(a)
Separate returns filed in year
following combined return year. If a combined group terminates and the
former members properly file separate returns in the subsequent year, any
combined estimated payments made for that year shall be credited against the
separate tax liabilities of the former members of the combined group in the
manner allocated by the designated agent. The designated agent shall notify the
department of the manner in which the payments are to be allocated. The
designated agent may make this notification in correspondence to the department
unless the department prescribes a specific form for this purpose, in which
case the prescribed form shall be used. In either case, the notification shall
be submitted to the department separately from any return.
(b)
Combined estimated payments but
no combined return. If combined estimated payments are made for a
taxable year but no combined return is filed for that year or for the previous
year, the estimated payment shall only be credited to the corporation that made
the payment.
(c)
Overpayments.
1. If a
combined group member has a credit for an overpayment of taxes from a prior
taxable year when it was not a combined group member, the member may, through
its designated agent, authorize the department to apply some or all of the
credit against the total tax liability reported on the combined return. To
carry out this authorization, the designated agent shall file a
department-prescribed form with the combined return to notify the department of
the amount to be applied. Alternatively, the member may file a claim for refund
of the overpayment, in which case the overpayment shall be refunded to that
member.
2. If a corporation leaves
a combined group that has an overpayment of taxes carried over from a prior
combined return year, the designated agent may allocate a portion of that
overpayment to the former member. The designated agent shall notify the
department of the amount to be allocated to the former member. The designated
agent may make this notification in correspondence to the department unless the
department prescribes a specific form for this purpose, in which case the
prescribed form shall be used. In either case, the notification shall be
submitted to the department separately from any return.
(d)
Erroneous combined estimated
payments. If a designated agent makes estimated payments on the
erroneous premise that a corporation is an eligible member of the combined
group, and discovers the error prior to the time the combined group and the
corporation file their respective returns, the designated agent may allocate
some or all of the combined estimated payments to the corporation. The
designated agent shall notify the department of the amount to be allocated. The
designated agent may make this notification in correspondence to the department
unless the department prescribes a specific form for this purpose, in which
case the prescribed form shall be used. In either case, the notification shall
be submitted to the department separately from any return. The combined group
and the corporation shall each compute their addition to tax under s.
71.84(2),
Stats., as if the estimated payments allocated to the corporation had actually
been paid by it rather than by the combined group.
(e)
Erroneous
separate estimated payments. If a corporation makes separate
estimated payments on the erroneous premise that it is not a combined group
member, the following rules apply:
1. If the
corporation discovers the error prior to the time the designated agent files
the combined return for the taxable year, and the corporation has not filed a
separate return for the period that should have been included in that combined
return or otherwise received a refund of the separate estimated payments, the
corporation may apply the separate estimated payments to the combined return.
The designated agent shall report the separate estimated payments in the manner
described in sub. (2) (b).
2. If
the corporation discovers the error prior to the time the designated agent
files the combined return for the taxable year, but the corporation has already
filed a separate return for the period that should have been included in the
combined return, the corporation shall file an amended separate return showing
no net income, overpayment, or underpayment, and stating that the corporation
will join in the filing of a combined return and identifying the designated
agent of the combined group. Unless the corporation specifies otherwise on the
amended return, the department will not refund the erroneously paid amounts.
When the designated agent files the combined return including that corporation,
the corporation may apply the separate estimated payments to the combined
return unless the corporation specified otherwise on its amended return or has
otherwise received a refund of the separate estimated payments. The designated
agent shall report the separate estimated payments so applied in the manner
described in sub. (2) (b).
3. If
the corporation discovers the error after the designated agent has filed the
combined return for the taxable year, but the corporation has not filed a
separate return or otherwise received a refund of the separate estimated
payments, the designated agent shall file an amended combined return and apply
the corporation's separate estimated payments to the amount due on the amended
combined return. The designated agent shall report the separate estimated
payments so applied in the manner described in sub. (2) (b).
4. If the corporation discovers the error
after the designated agent has filed the combined return for the taxable year
and after the corporation has already filed a separate return for the period
that should have been included in the combined return, the corporation shall
file an amended separate return and the combined group shall file an amended
combined return. The provisions of subd. 2. apply with respect to the amended
separate return. The corporation may apply the separate estimated payments to
the amended combined return unless the corporation specified otherwise on its
amended return or has otherwise received a refund of the separate estimated
payments. The designated agent shall report the separate estimated payments so
applied in the manner described in sub. (2) (b).
Note: If an allocation described in sub. (4) (a), (c) 2., or (d) is necessary and the department has not prescribed a form to use to notify the department of the allocation, send correspondence notifying the department of the allocation to: Corporation Processing Unit, Wisconsin Department of Revenue, P.O. Box 8908, Madison, WI 53708-8908.
Section Tax 2.66 interprets ss. 71.255(7), 71.29, and 71.84(2), Stats.
See s. Tax 2.60 for definitions that relate to this section. See s. Tax 2.65 for more information on the duties of the designated agent. See s. Tax 2.67 for more information on combined returns.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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