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.

2. (2) Ownership change.

   1. (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.

      Note: Form MF-100 is available on the department’s web site at www.revenue.wi.gov.

   2. (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).

      Examples: A new license is required if: 1) A sole proprietorship or partnership incorporates.

      2) A sole proprietorship is sold to a different sole proprietor.

      3) A sole proprietorship becomes a partnership.

      4) A partner in a partnership leaves the partnership or a partner is added to the partnership.

      5) The federal employer identification number of a business changes.

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

      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.
      2. 2. The federal employer identification number of a corporation changes.

3. (3) Name change.

   1. (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.

   2. (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.

      Note: This section interprets ss. 78.10 (6), 78.48 (6) and 78.57 (6), Stats.

History

History: Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (2) (b), eff. 4-1-94; am. (2) (b), Register, November, 1994, No. 467, eff. 12-1-94.