Wis. Admin. Code § Tax 4.55 — Ownership and name changes

Tax 4.55(1) (1) General. Under ss. 78.10 (6) , 78.48 (6) and 78.57 (6) , Stats., a fuel tax license is not transferable to another person or to another place of business. This section clarifies when a change in ownership or name of a business requires a new fuel tax license.

Tax 4.55(2) (2) Ownership change.

Tax 4.55(2)(a) (a) When there is a change in ownership of a business, the new owner shall apply for a new license using form MF-100, except as provided in par. (c) . The new owner shall notify the department no later than 10 days prior to the change. Security may be required as provided in s. Tax 4.54 .

Tax 4.55(2)(b) (b) A new license shall be obtained when there is a change in the type of ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c) .

Tax 4.55(2)(c) (c) A change in the ownership of a corporation does not require a new license unless either of the following occurs:

Tax 4.55(2)(c)1. 1. A corporation is merged with another corporation, the merged corporation ceases to exist, and the surviving corporation does not have a valid license.

Tax 4.55(2)(c)2. 2. The federal employer identification number of a corporation changes.

Tax 4.55(3) (3) Name change.

Tax 4.55(3)(a) (a) A licensee shall notify the department of a name change at least 10 days prior to the change and the licensee shall retain the same license number.

Tax 4.55(3)(b) (b) A rider, verifying the name change, such as one filed by a licensee’s insurance company at the request of the licensee, shall be submitted to the department. If no security is on file or a rider is not filed with the department, new security shall be deposited under the new name, as required under s. Tax 4.54 , and any old security shall be returned to the licensee.