Wis. Admin. Code § Tax 9.68 — Ownership and name changes

Tax 9.68(1) (1) General. Under s. 139.34 (4) , Stats., a cigarette permit is not transferable to another person. This section clarifies when a new cigarette permit is required, as the result of an ownership or name change, or both.

Tax 9.68(2) (2) Ownership change.

Tax 9.68(2)(a) (a) When there is a change in ownership of a business, the new owner shall apply for a new permit using form CTP-129, except as provided in par. (c) . The new owner shall notify the department not later than 10 days prior to the change.

Tax 9.68(2)(b) (b) A new permit shall be obtained by using form CTP-129 when there is a change in ownership of a sole proprietorship, partnership, corporation or other form of ownership, except as provided in par. (c) .

Tax 9.68(2)(c) (c) A new permit is not required for a change in the ownership of a corporation unless either of the following occurs:

Tax 9.68(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 permit.

Tax 9.68(2)(c)2. 2. The federal employer identification number of a corporation changes.

Tax 9.68(3) (3) Name change.

Tax 9.68(3)(a) (a) A permittee shall notify the department of a name change at least 10 days prior to the change and the permittee shall retain the same permit number.

Tax 9.68(3)(b) (b) A rider, verifying the name change, such as one filed by a permittee’s insurance company at the request of the permittee, shall be submitted and attached to the security documents on file with the department. If no security is on file, or if a rider is not filed with the department, new security shall be deposited under the new name as required, and any old security shall be returned to the permittee.