Menasha Decision to be Appealed

MADISON – Roger Ervin, Secretary of the Wisconsin Department of Revenue, announced that the Department will file a petition with the Wisconsin Supreme Court asking it to review the Wisconsin Court of Appeals’ recent decision in Menasha Corp. v. Department of Revenue.


“We are disappointed that the Court of Appeals reversed the lower court decision in this matter,” Ervin stated.  “Thirty-nine other states tax this type of software.  We are seeking review because we have a responsibility to the taxpayers of Wisconsin to make sure that we administer taxes in a fair, equitable and consistent manner.”


Ervin added, “It is a misunderstanding to suggest that the Department is overreaching its authority and requiring businesses to pay taxes they do not owe.  The Department’s position as affirmed by the Circuit Court has been clear and consistently applied for years.  Many businesses, including Menasha, have historically paid tax on this type of prewritten computer software.  Wisconsin law exempts customized software and the Department recognizes this is an important element in the economic growth of the State.”


The Department of Revenue has 30 days from the date of the Court of Appeals’ decision to file a petition with the Wisconsin Supreme Court.