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LRB-5052/1
MES:ahe&amn
2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Olsen, Bewley and Jacque, cosponsored
by Representatives Kitchens, Billings, Novak, Emerson, Bowen, Considine,
Dittrich, Duchow, Edming, L. Myers, Pope, Rodriguez, Skowronski, Spiros,
Swearingen and Tranel. Referred to Committee on Agriculture, Revenue and
Financial Institutions.
SB646,1,8 1An Act to repeal 66.0615 (1) (bs), 66.0615 (1) (de) and 66.0615 (5); to renumber
2and amend
59.25 (3) (e); to amend 66.0615 (1) (dk), 66.0615 (1m) (a), 66.0615
3(1m) (g), 66.0615 (2) (intro.), 66.0615 (2) (a), 66.0615 (2) (b), 66.0615 (4) (a)
4(intro.) and 66.1014 (2) (d) 1.; and to create 59.25 (3) (e) 1., 59.25 (3) (e) 2.,
566.0615 (1) (bt), 66.0615 (1r), 66.0615 (2) (f), 66.0615 (2m), 66.0615 (4) (a) 4.,
666.0615 (4) (d) and 66.1014 (1) (c) of the statutes; relating to: expanding
7applicability of the room tax, making substantive and technical changes to the
8local room tax, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill expands the applicability of the room tax, makes a number of
substantive and technical changes to the local room tax in the areas of collections,
audits, and the exchange of information between local governments and the
Department of Revenue, establishes a common tax base between the sales tax and
the room tax, and authorizes a municipality (city, village, or town) to impose a
forfeiture of up to $500 per day on a marketplace provider (a person who facilitates
a retail sale by a seller by listing or advertising, to the extent that the marketplace
provider facilitates the sale or furnishing of rooms, lodging or other accommodations
to transients) that does not timely file a required room tax return to the municipality

or pay the required tax. The maximum forfeiture that may be imposed for any year
is $45,000, and a forfeiture that is imposed may be appealed to the municipality
which imposed it. The municipality may waive the forfeiture.
Currently, the room tax may be imposed by a municipality or a local exposition
district on the privilege of furnishing rooms or lodging to transients by hotelkeepers,
motel operators, lodging marketplaces, and other persons who furnish such
accommodations. Under the bill, the room tax may be imposed by a municipality or
district on the sales price from selling or furnishing rooms or lodging to transients
by hotelkeepers, motel operators, and others. 2019 Wisconsin Act 10 in effect
requires lodging marketplaces to collect and remit sales taxes from third parties.
Under current law, to enforce the collection of a room tax imposed by a
municipality or district, if such entities have probable cause to believe that the
correct amount of room tax has not been assessed or that a room tax return is
incorrect, they may inspect and audit the financial records of any person subject to
the room tax. Under the bill, to perform such room tax enforcement, a municipality
or district may inspect and audit tax-related records of a person subject to the room
tax. In addition, the bill repeals the probable cause component.
The technical changes made by the bill include the following:
1. Requires counties to provide DOR with the complete county tax roll.
2. Applies to the room tax a number of definitions that currently apply to the
general sales and use tax.
3. Clarifies that persons who are subject to the room tax must file a room tax
return in the manner and form, and within the time, prescribed by a municipality.
The municipality may require such persons to provide certain specific information
with the return.
4. Authorizes a municipality or district performing an audit related to the room
tax to conduct joint audits with other such entities and to exchange audit information
with DOR and any municipality that took part in the joint audit.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB646,1 1Section 1. 59.25 (3) (e) of the statutes is renumbered 59.25 (3) (e) (intro.) and
2amended to read:
SB646,2,53 59.25 (3) (e) (intro.) Annually by March 15, furnish to the department of
4revenue the completed tax roll settlement sheets prescribed under s. 70.09 (3). all of
5the following:
SB646,2 6Section 2. 59.25 (3) (e) 1. of the statutes is created to read:
SB646,3,2
159.25 (3) (e) 1. The completed tax roll settlement sheets prescribed under s.
270.09 (3).
SB646,3 3Section 3. 59.25 (3) (e) 2. of the statutes is created to read:
SB646,3,54 59.25 (3) (e) 2. The complete county tax roll, as that term is used in s. 70.65,
5in a form and manner prescribed by the department.
SB646,4 6Section 4. 66.0615 (1) (bs) of the statutes is repealed.
SB646,5 7Section 5. 66.0615 (1) (bt) of the statutes is created to read:
SB646,3,108 66.0615 (1) (bt) “Marketplace provider” has the meaning given in s. 77.51 (7i),
9to the extent that the marketplace provider facilitates the sale or furnishing of
10rooms, lodging, or other accommodations to transients under sub. (1m) (a).
SB646,6 11Section 6. 66.0615 (1) (de) of the statutes is repealed.
SB646,7 12Section 7 . 66.0615 (1) (dk) of the statutes is amended to read:
SB646,3,1413 66.0615 (1) (dk) “Short-term rental” means a residential dwelling that is
14offered for rent for a fee and for fewer than 29 30 consecutive days.
SB646,8 15Section 8. 66.0615 (1m) (a) of the statutes is amended to read:
SB646,4,816 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance,
17and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege
18of
sales price from selling or furnishing, at retail, except sales for resale, rooms or
19lodging to transients by hotelkeepers, motel operators, lodging marketplaces,
20marketplace providers, owners of short-term rentals, and other persons or retailers
21selling or
furnishing accommodations that are available to the public, irrespective
22of whether membership is required for use of the accommodations. A tax imposed
23under this paragraph may be collected from the consumer or user, but may not be
24imposed on sales to the federal government and persons listed under s. 77.54 (9a).
25A tax imposed under this paragraph by a municipality shall be paid to the

1municipality and, with regard to any tax revenue that may not be retained by the
2municipality, shall be forwarded by the municipality to a tourism entity or a
3commission if one is created under par. (c), as provided in par. (d). Except as provided
4in par. (am), a tax imposed under this paragraph by a municipality may not exceed
58 percent of the sales price. Except as provided in par. (am), if a tax greater than 8
6percent of the sales price under this paragraph is in effect on May 13, 1994, the
7municipality imposing the tax shall reduce the tax to 8 percent, effective on
8June 1, 1994.
SB646,9 9Section 9. 66.0615 (1m) (g) of the statutes, as created by 2019 Wisconsin Act
1010
, is amended to read:
SB646,4,1411 66.0615 (1m) (g) Sections 77.51 (10), (12m), (13), (13g), (14), (14g), (15a), (15b),
12and (17),
77.52 (3), (3m) and , (13), (14), (18), and (19), 77.522, 77.523, 77.53 (7), 77.54,
1377.58 (6m), and 77.585,
as they apply to the taxes under subch. III of ch. 77, shall
14apply to the tax imposed under par. (a) by a municipality.
SB646,10 15Section 10 . 66.0615 (1r) of the statutes is created to read:
SB646,4,2016 66.0615 (1r) Persons who are subject to the tax imposed by a municipality
17under sub. (1m) shall file returns in the manner and form, and within the time,
18prescribed by the municipality. The municipality may also require such persons to
19include with the person's return the following information about the property subject
20to the room tax:
SB646,4,2121 (a) The address of each property.
SB646,4,2222 (b) The total sales for each property.
SB646,4,2323 (c) The total tax collected for each property.
SB646,4,2424 (d) The number of nights each short-term rental was rented.
SB646,11 25Section 11. 66.0615 (2) (intro.) of the statutes is amended to read:
SB646,5,4
166.0615 (2) (intro.) As a means of enforcing the collection of any room tax
2imposed by a municipality or a district under sub. (1m), the municipality or district
3may exchange audit and other information with the department of revenue and may
4do any of the following:
SB646,12 5Section 12. 66.0615 (2) (a) of the statutes is amended to read:
SB646,5,126 66.0615 (2) (a) If a A municipality or district has probable cause to believe that
7the correct amount of room tax has not been assessed or that the tax return is not
8correct,
may inspect and audit the financial records of any person subject to sub. (1m)
9pertaining to the furnishing or selling of accommodations to determine whether the
10correct amount of room tax is assessed and whether any room tax return is correct
11due. A determination under this subsection shall be provided in writing within 4
12years after the due date of the return, unless no return has been filed
.
SB646,13 13Section 13 . 66.0615 (2) (b) of the statutes is amended to read:
SB646,5,1714 66.0615 (2) (b) Enact a schedule of forfeitures, not to exceed 5 percent of the
15tax under sub. (1m) or par. (c), to be imposed on any person subject to sub. (1m) who
16fails to comply with a request to inspect and audit the person's financial records
17under par. (a).
SB646,14 18Section 14. 66.0615 (2) (f) of the statutes is created to read:
SB646,6,219 66.0615 (2) (f) A marketplace provider that is required to collect and remit
20taxes imposed by a municipality under sub. (1m) (a), but fails to file a return as
21required in sub. (1r) or pay the required tax, may be subject to a forfeiture of $500
22for each day a return is not filed or the tax is not paid. The total amount of forfeitures
23that may be imposed by a municipality may not exceed $45,000 for any year in which
24a required return is not filed or required tax is not remitted. A forfeiture imposed

1under this paragraph may be appealed to the municipality, which may waive the
2forfeiture.
SB646,15 3Section 15. 66.0615 (2m) of the statutes is created to read:
SB646,6,64 66.0615 (2m) (a) To enforce the collection of a room tax imposed by a district
5under sub. (1m), the district may exchange audit and other information relating to
6the room tax with the department of revenue.
SB646,6,127 (b) To enforce the collection of a room tax imposed by a municipality under sub.
8(1m), the municipality may jointly inspect and audit the room tax records of a person
9subject to sub. (1m) with other municipalities only for the purpose of conducting a
10joint room tax audit. A municipality may provide audit and other information to the
11department of revenue, and may exchange audit and other room tax related
12information with any municipality that took part in conducting the joint audit.
SB646,16 13Section 16 . 66.0615 (4) (a) (intro.) of the statutes is amended to read:
SB646,6,1714 66.0615 (4) (a) (intro.) Annually Except as provided in par. (d), annually, on or
15before May 1, on a form created and provided by the department of revenue, every
16municipality that imposes a tax under sub. (1m) shall certify and report to the
17department, beginning in 2017, all of the following:
SB646,17 18Section 17 . 66.0615 (4) (a) 4. of the statutes is created to read:
SB646,6,2119 66.0615 (4) (a) 4. For a municipality subject to sub. (1m) (dm), the amount of
20the room tax retained by the municipality in each of the following fiscal years: 2010,
212011, 2012, 2013, and 2014.
SB646,18 22Section 18 . 66.0615 (4) (d) of the statutes is created to read:
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