70.11 Property exempted from taxation.
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/wi/chapter-70/70-11-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
70.11 Property exempted from taxation. The property described in this section is exempted from general property taxes if the property is exempt under sub.
(1),
(2),
(18),
(21),
(27)or
(30); if it was exempt for the previous year and its use, occupancy or ownership did not change in a way that makes it taxable; if the property was taxable for the previous year, the use, occupancy or ownership of the property changed in a way that makes it exempt and its owner, on or before March 1, files with the assessor of the taxation district where the property is located a form that the department of revenue prescribes or if the property did not exist in the previous year and its owner, on or before March 1, files with the assessor of the taxation district where the property is located a form that the department of revenue prescribes. Except as provided in subs.
(c),
(b),
(f), and
(4d), leasing a part of the property described in this section does not render it taxable if the lessor uses all of the leasehold income for maintenance of the leased property or construction debt retirement of the leased property, or both, and, except for residential housing, if the lessee would be exempt from taxation under this chapter if it owned the property. Any lessor who claims that leased property is exempt from taxation under this chapter shall, upon request by the tax assessor, provide records relating to the lessor’s use of the income from the leased property. Property exempted from general property taxes is:
(1)Property of the state. Property owned by this state except land contracted to be sold by the state. This exemption shall not apply to land conveyed after September, 1933, to this state or for its benefit while the grantor or others for the grantor’s benefit are permitted to occupy the land or part thereof in consideration for the conveyance; nor shall it apply to land devised to the state or for its benefit while another person is permitted by the will to occupy the land or part thereof. This exemption shall not apply to any property acquired by the department of veterans affairs under s. 45.32
(5)and
(7), 2017 stats., or to the property of insurers undergoing rehabilitation or liquidation under ch. 645 . Property exempt under this subsection includes general property owned by the state and leased to a private, nonprofit corporation that operates a national ice training center, regardless of the use of the leasehold income.
(2)Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22 , joint local water authority created under s. 66.0823 , regional planning commission created under s. 66.0309 , long-term care district under s. 46.2895 , or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84
(d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. The exemption under this subsection applies to the property of a regional planning commission that the commission owned prior to October 1, 2021. If a regional planning commission subsequently sells property exempt from taxation under this subsection, the exemption applies to property purchased and owned by the commission if the total size of all property owned by the commission is substantially similar in size to the total property owned by the commission prior to October 1, 2021. Any property of the regional planning commission in excess of that size restriction is subject to taxation under this chapter. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.
(2m)Property leased or subleased to school districts. All of the property that is owned or leased by a corporation, organization or association that is exempt from federal income taxation under section 501
(3)of the Internal Revenue Code if all of that property is leased or subleased to a school district for no or nominal consideration for use by an educational institution that offers regular courses for 6 months in a year.
(3)Colleges and universities.
1. Except as provided in subd. 2. , grounds of any incorporated college or university, not exceeding 80 acres.
2. Grounds of any incorporated college or university, not exceeding 150 acres, if the college or university satisfies all of the following criteria:
a. It is a nonprofit organization.
b. It was founded before January 1, 1900.
c. Its total annual undergraduate enrollment is at least 5,000 students, not including students receiving online instruction only.
(b)The fact that college or university officers, faculty members, teachers, students or employees live on the grounds does not render them taxable. In addition to the exemption of leased property specified in the introductory phrase of this section, a university or college may also lease property for educational or charitable purposes without making it taxable if it uses the income derived from the lease for charitable purposes.
(c)All buildings, equipment and leasehold interests in lands described in s. 36.06 , 1971 stats., and s. 37.02
(3), 1971 stats.
(3a)Buildings at the Wisconsin Veterans homes. All buildings, equipment and leasehold interests in lands described in s. 45.03
(5).
(3m)Student housing facilities.
(a)All real and personal property of a housing facility, not including a housing facility owned or used by a university fraternity or sorority, college fraternity or sorority, or high school fraternity or sorority, for which all of the following applies: