The Sheboygan Common Council voted unanimously to put an advisory referendum on the April 2, 2019 ballot to send a message to the State Legislature to enact legislation to close the Dark Store loopholes that are being exploited by some big box stores. Tax attorneys for stores like Walmart and national pharmacies like Walgreens are using tax avoidance strategies known as the dark store loopholes to shift even more of the property tax burden onto homeowners and small businesses. When big-box and other retailers exploit dark store loopholes to lower their property taxes, the result is shifting the property tax burden to homeowners and small businesses.
The referendum question reads as follows, “Should the state legislature protect residential property taxpayers by preventing commercial and manufacturing property owners from using tax loopholes that shift an ever-increasing tax burden to homeowners who already pay 68% of the statewide property tax levy by enacting legislation that: 1) prohibits using closed, vacant (dark) properties as comparable properties for determining the assessed value of open, occupied, and fully operational properties; and 2) overturns the 2008 Wisconsin Supreme Court decision in Walgreens v. City of Madison, which is being interpreted by the courts as requiring municipalities to assess many leased commercial properties at a substantial discount, often 50% below the actual sale prices of such properties?”
A decade ago several businesses sued the City of Sheboygan and used these loopholes to have their property tax refunded and reduced. Since these judgements approximately $1,300,000 dollars of property tax has been shifted from the owners Memorial Mall, and the three Walgreens stores to residential property owners in the City of Sheboygan. The City of Sheboygan also incurred over $250,000 in fees for outside legal costs to represent the City.
These loopholes are again being used against city taxpayers by Walmart. In Walmart Stores, Inc. v. City of Sheboygan, Walmart is challenging its property tax assessment for the property located at 3711 South Taylor Drive. The property (as of 1/1/2018) is valued at $14,660,998.Walmart is asking for the 2017 value to be $9,689,490 (approximately $5.0 million less). Walmart is asking for the 2018 value to be $6,250,000 (approximately $8.4 million less. If the court decides in Walmart’s favor their 2017 tax bill of $330,000 would decrease to $240,000 (approximately $90,000 less), 2018 tax bill of $340,000 would decrease to $160,000 (approximately $180,000 less). These reductions in Walmart’s property tax would then be shifted to residential and small business property owners in Sheboygan along with the legal bills to defend the City of Sheboygan is (up to) $250,000, plus interest if City loses this case!
By any measure, homeowners already bear a disproportionate share of the property tax burden. Homeowners pay 68 percent of property taxes in Wisconsin, which is much higher than in most other states. Homeowners in Minnesota, for example, pay only 50 percent of all property taxes, with the remainder paid by businesses.
Learn more at darkstoreloopholes.org and watch the informational video HERE.