Wis. Admin. Code § Tax 18.07 — Use-value

Tax 18.07(1) (1)

Tax 18.07(1)(a) (a) Beginning in 1997 and each year thereafter, the council shall adopt and the department shall publish in the Wisconsin property assessment manual a use value per acre for each category of agricultural land, except specialty land, in each municipality. Use value per acre of specialty land shall be adopted and published for the municipalities in which specialty land is located. Use value per acre for each category of agricultural land in each municipality shall be calculated by dividing the net rental income per acre for that category of agricultural land in that municipality calculated under par. (b) by the capitalization rate for that municipality calculated under par. (c) .

Tax 18.07(1)(b) (b) Net rental income per acre.

Tax 18.07(1)(b)1. 1. Beginning in 2006 and in each year thereafter, net rental income per acre for each category of agricultural land in each municipality shall be calculated according to the income attributable to a landowner under a crop-share lease. The department shall assume a lease agreement where the income and direct operating costs are distributed equally between the landowner and farm operator. The department shall adhere to professionally accepted appraisal practices in determining gross income, cost of production, and net income that are attributable to a landowner under a crop-share lease. Net income shall be calculated by subtracting average total cost of production per acre under subd. 3. from average gross income per acre under subd. 2.

Tax 18.07(1)(b)2. 2. Beginning in 2006 and in each year thereafter, the landowner’s average gross income per acre for each category of agricultural land in each municipality shall be calculated by multiplying the category’s 5-year average corn yield per acre, adjusted for the typical productivity of that category, by the 5-year average corn market price per unit of output. The product shall be reduced by 50% to reflect a crop-share lease with equal distribution of income. Yield per acre shall be based on the natural resource conservation service’s soil productivity indices and corn market price data shall be obtained from the Wisconsin department of agriculture, trade and consumer protection. If the natural resource conservation service and the Wisconsin department of agriculture, trade and consumer protection are unable to provide, or to provide timely, soil productivity indices and corn market price data, respectively, comparable data shall be obtained from other generally acceptable sources.

Tax 18.07(1)(b)3. 3. Beginning in 2006 and in each year thereafter, the landowner’s average total cost of production per acre for each category of agricultural land shall be calculated by multiplying the category’s 5-year average corn yield per acre, adjusted for the typical productivity of that category, by the 5-year average cost of corn production. In calculating the 5-year average cost of corn production, the department shall include the direct operating costs incurred by the landowner under a crop-share lease, which shall include the cost of seed, fertilizer, lime, manure, chemicals, commercial drying, interest on operating capital, or their equivalent. The total cost of corn production is reduced by 50% to reflect a crop-share lease with equal distribution of direct operating costs. The 5-year average cost of corn production shall not include those costs incurred by a farm operator under a crop-share lease, which includes labor, opportunity cost of unpaid labor, machinery, fuel, repairs, overhead, or their equivalent. An additional landowner cost for operational management, equal to 7.5% of the average gross income determined in subd. 2. , shall be subtracted from the average gross income calculation in subd. 2. Property taxes are not a farm expense for purposes of calculating average total cost of production per acre. Yield per acre shall be based on the natural resource conservation service’s soil productivity indices and cost of corn production data shall be obtained from the Wisconsin department of agriculture, trade and consumer protection. If the natural resource conservation service and the Wisconsin department of agriculture, trade and consumer protection are unable to provide, or to provide timely, soil productivity indices and cost of corn production data, respectively, comparable data shall be obtained from other generally acceptable sources.

Tax 18.07(1)(c) (c) Capitalization rate. Beginning in 1997 and each year thereafter, the capitalization rate for each municipality shall be determined as follows:

Tax 18.07(1)(c)1. 1. The department shall survey each federal land credit association (FLCA) and each agricultural credit association (ACA) in Wisconsin to obtain the interest rate charged by that association for a medium-sized, 1-year adjustable rate mortgage (ARM), as of January 1 of the year prior to the assessment year. In addition, the survey shall obtain each association’s stock purchase requirement, if any, for such a mortgage. The 1997 survey shall include each association’s 1-year ARM rate and the stock purchase requirement for a medium-sized loan, as of January 1 for the years 1993 to 1997.

Tax 18.07(1)(c)2. 2. The effective 1-year ARM rate of each FLCA and ACA for each year shall be calculated by dividing that association’s 1-year ARM rate by one minus that association’s stock purchase requirement as of January 1 of the same year, expressed as a percentage of the loan.

Tax 18.07(1)(c)3. 3. The statewide average effective rate for each year shall be calculated by averaging the effective 1-year ARM rates under subd. 2.

Tax 18.07(1)(c)4. 4. The statewide average effective rate for the year prior to the assessment year shall be averaged with the statewide average effective rates for the 4 prior years to obtain a statewide 5-year moving average rate.

Tax 18.07(1)(c)5. 5. The capitalization rate for each municipality for each assessment year shall be 11% or the sum of the statewide 5-year moving average rate for the year prior to the assessment year and the net tax rate of that municipality for the property tax levy 2 years prior to the assessment year, whichever is greater.

Tax 18.07(1)(d) (d)

Tax 18.07(1)(d)1. 1. Beginning in 2006 and in each year thereafter, increases and decreases in the use values for each category of agricultural land in each municipality shall be limited to the prior year’s percentage change in the statewide equalized value. When determining the percentage change in the statewide equalized value, the department shall exclude the value of agricultural land and new construction. New construction shall include increases in land value due to higher land use, new subdivisions, and increases in improvement value due to new construction, completion of improvements partially assessed, remodeling and additions, and land improvements such as addition of curb, gutter, sewer, water, or their equivalent. The amount of new construction shall be reduced by the loss of land utility and loss of property value due to full or partial destruction, removal, contamination, or their equivalent.

Tax 18.07(1)(d)2. 2. The department shall calculate the percentage change from the previous year’s use-values to the current year’s use-values according to the formula in s. Tax 18.07 (1) (b) . Increases and decreases in the use values for each category of agricultural land in each municipality shall be limited to the percentage change determined in subd. 1. If the increase or decrease is less than the percentage change determined in subd. 1. , the use value per acre will equal the value calculated by the department according to the formula in s. Tax 18.07 (1) (b) .

Tax 18.07(2) (2) Not later than January 1 of each year, the department shall provide assessors with the use value per acre for each category of agricultural land in each municipality, calculated under sub. (1) . The use value per acre for each category of agricultural land in each municipality shall be published annually in the Wisconsin property assessment manual.

Tax 18.07(3) (3)

Tax 18.07(3)(a) (a) The assessor shall determine the use value of each parcel of agricultural land based on the use value per acre for that category of agricultural land in that municipality provided by the department.

Tax 18.07(3)(b) (b) The assessor shall equate the use value of each parcel of agricultural land to the general level of assessment in the taxation district in which that parcel of agricultural land is located.