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  Date of enactment: April 17, 2018
2017 Senate Bill 798   Date of publication*: April 18, 2018
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 367
(Vetoed in Part)
An Act to amend 77.52 (13) and 77.53 (10); and to create 20.835 (2) (cb), 77.54 (67) and 77.68 of the statutes; relating to: a sales and use tax rebate for certain dependent children, a sales tax holiday in August, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
367,1 Section 1 . 20.835 (2) (cb) of the statutes is created to read:
20.835 (2) (cb) Qualified child sales and use tax rebate for 2018. A sum sufficient to pay the claims approved under s. 77.68.
367,1b Section 1b. 77.52 (13) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser an electronic or a paper certificate, in a manner prescribed by the department, to the effect that the property, item, good, or service is purchased for resale or is otherwise exempt, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services that are exempt under s. 77.54 (5) (a) 3., (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), (52), and (66), and (67).
367,1d Section 1d. 77.53 (10) of the statutes is amended to read:
77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser an electronic or paper certificate, in a manner prescribed by department, to the effect that the property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or taxable service is purchased for resale, or otherwise exempt from the tax, except that no certificate is required for the sale of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services that are exempt under s. 77.54 (7), (7m), (8), (10), (11), (14), (15), (17), (20n), (21), (22b), (31), (32), (35), (36), (37), (42), (44), (45), (46), (51), and (52), and (67).
367,1f Section 1f. 77.54 (67) of the statutes is created to read:
77.54 (67) (a) In this subsection:
1. “Clothing" means any wearing apparel for humans that is suitable for general use, not including all of the following:
a. Belt buckles sold separately.
b. Costume masks sold separately.
c. Patches and emblems sold separately.
d. Sewing equipment and supplies, including knitting needles, patterns, pins, scissors, sewing machines, sewing needles, tape measures, and thimbles.
e. Sewing materials that become part of clothing, including buttons, fabric, lace, thread, yarn, and zippers.
f. Clothing accessories or equipment.
g. Protective equipment.
h. Sport or recreational equipment.
2. “Clothing accessories or equipment" means incidental items worn on a person or in conjunction with clothing, not including clothing, protective equipment, or sport or recreational equipment, but including all of the following:
a. Briefcases.
b. Cosmetics.
c. Hair notions, including barrettes, hair bows, and hairnets.
d. Handbags.
e. Handkerchiefs.
f. Jewelry.
g. Nonprescription sunglasses.
h. Umbrellas.
i. Wallets.
j. Watches.
k. Wigs.
L. Hairpieces.
3. “Computer” means a personal computer such as a laptop or desktop computer or a tablet, but not including a phone.
4. “Eligible property” means an item that qualifies for exemption under this subsection.
5. “Layaway sale” means a transaction in which property is set aside for future delivery to a customer who makes a deposit, agrees to pay the balance of the sales price over time, and, at the end of the payment period, receives the property. An order is accepted for layaway by the seller when the seller removes the property from inventory or clearly identifies the property as sold to the purchaser.
6. “Protective equipment” means items for human wear that are designed to protect the wearer against injury or disease or to protect property or other persons from damage or injury. “Protective equipment” does not include items suitable for general use, clothing, clothing accessories or equipment, or sport or recreational equipment. “Protective equipment” includes:
a. Breathing masks.
b. Clean room apparel and equipment.
c. Ear and hearing protectors.
d. Face shields.
e. Hard hats.
f. Helmets.
g. Paint or dust respirators.
h. Protective gloves.
i. Safety glasses and goggles.
j. Safety belts.
k. Tool belts.
L. Welders gloves and masks.
7. “Rain check” means a seller allowing a purchaser to purchase an item at a certain price at a later time because the item was out of stock.
8. “School art supply” means any of the following items that are commonly used by a student in a course of study for artwork, but not including a school computer supply, school supply, or school instructional material:
a. Clay and glazes.
b. Acrylic, tempera, and oil paints.
c. Paintbrushes.
d. Sketch and drawing pads.
e. Watercolors.
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