Wisconsin Code § 78.12

Reports to department; computation of tax
Open in Lexace · Ask the AI about this section
(1)
GALLONS TO BE REPORTED. For the purpose of the administration of this section, each receipt, shipment or delivery of motor
vehicle fuel shall be reported in U.S. standard liquid gallons (231
cubic inches).
(2) REPORTS OF LICENSEES. Each licensee shall, not later
than the last day of each month, file a report for the month before
the month during which the report is due.
(3) REPORTS OF OTHERS. Any person, including a terminal
operator, who is not a licensee and who either uses any motor vehicle fuel in this state or who has possession of any motor vehicle
fuel (other than that contained in the ordinary fuel tank attached
to a motor vehicle) upon which the motor vehicle fuel tax has not
been paid or the liability therefor has not been incurred by any licensee in this state shall file a report and pay the tax on that motor
vehicle fuel and shall be subject to this subchapter in the same
manner as is provided for licensees.
(4) COMPUTATION OF TAX. At the time when the tax is due
under sub. (5), the licensee shall compute that tax as follows:
(a) For gasoline:
1. Subtract the number of gallons under s. 78.01 (2r) for the

taxable period from the number of gallons received during the
taxable period.
2. Subtract from the amount under subd. 1. an amount equal
to 0.00625 multiplied by the number of gallons under subd. 1.
3. Subtract from the amount under subd. 2. an amount equal
to 0.0005 multiplied by the number of gallons under subd. 1.
4. Multiply the number of gallons under subd. 3. by the rate
published under s. 78.015 as increased under s. 78.017.
5. On October 1, 2021, the percentages used to calculate the
amounts to be subtracted from the computation of the tax under
subds. 2. and 3. are doubled.
(b) For diesel fuel:
1. Subtract the number of gallons under s. 78.01 (2r) for the
taxable period from the number of gallons received during the
taxable period.
2. Multiply the number of gallons under subd. 1. by the rate
published under s. 78.015 as increased under s. 78.017.
(5) PAYMENT OF TAX. Licensed suppliers shall pay taxes on
motor vehicle fuel no later than the 15th day of the month for motor vehicle fuel sold during the previous month. At the option of
a wholesaler distributor, a licensed supplier shall allow the
wholesaler distributor to delay paying the tax to the licensed supplier until the date that the tax is due to this state. A wholesaler
distributor who makes delayed payments shall make the payments by electronic funds transfer. If a wholesaler distributor
fails to make timely payments, the licensed supplier may terminate the right of the wholesaler distributor to make delayed payments. Each licensed supplier shall notify the department of each
wholesaler distributor who makes delayed payments of the tax.
The department may require any wholesaler distributor who
makes delayed payments of the tax to furnish the department a
surety bond payable to this state in an amount not to exceed 3
times the highest estimated monthly tax owed by the wholesaler
distributor. Whenever the wholesaler distributor pays the licensed supplier, the licensed supplier shall credit the wholesaler
distributor’s account for the amount of tax reduction that results
from the calculation under s. 78.12 (4) (a) 2.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.